§ 16.20

The purpose of this Chapter of Title 16 of the Municipal Code of the City of Clayton is to outline the requirements for the submission of tentative maps, final maps and parcel maps under the Map Act and this Title. This Chapter is published separately to facilitate its use by subdividers and City staff in the preparation and processing of subdivision applications.

(Ord. 325, 1996; Ord. 199, 1980)

Title 16.20 is designed to be the single source of information and regulations in order to simplify procedures and protect the subdivider and the public from confusion and improper delay. To this end, this Title supersedes, rescinds and repeals the following Ordinances and Resolution of the City of Clayton:

A.

Ordinances 5, 35, 48, 63, and 79.

B.

All Resolutions in conflict herewith.

(Ord. 325, 1996; Ord. 199, 1980)

In addition to the definitions given in Paragraph 16.04.010, the following terms and words are defined for commonality of meaning:

A.

"Arterial street" is any street or road passing adjacent to or through the subdivision, which carries the major flow of traffic and for which the major traffic may ultimately be in excess of two thousand four hundred (2,400) vehicles per day.

B.

"Building Inspection Department". The County Building Inspection Department is the agency which shall provide plan check and inspection services for buildings as arranged under the terms of a joint agreement between City and County.

C.

"Collector street" is any street within a subdivision or adjacent thereto, which because of its location with reference to other streets or other sources of traffic, carries or will carry traffic from minor streets to the major system of arterial streets; and includes the principal entrance streets or residence developments and streets for circulation of traffic within such developments and serves, or will serve twenty-four (24) or more lots.

D.

"Critically expansive soils or other soils' problems" are soils conditions which can cause damage to improvements, including streets, structures and buildings. They shall be tested by acceptable procedures to provide data suitable for making adequate designs for the improvements.

E.

"Cul-de-sac" is a street which connects to another street only at one end, and serves sixteen (16) lots or less, with a maximum length of seven hundred (700) feet.

F.

"Flood hazard" is possible occurrence of overflow storm water causing flooding of lands or improvements, or having sufficient velocity to transport or deposit debris, to scour the surface soil, to dislodge or damage buildings, or to cause erosion of the banks of channels.

G.

"Freeway." Freeways are those which are defined in Section 23.5 of the Streets and Highways Code of the State of California, and which, because of their design and location with reference to the County highway system and State highway system are or will be used primarily for fast, heavy, or dense traffic and for which right of access from abutting property or streets along the right-of-way boundaries will be prohibited or limited.

H.

"Frontage road" is a street or road adjacent to an arterial, thoroughfare, or freeway, which provides access to abutting properties and protection from the through traffic on the more heavily traveled street.

I.

"Health department". The Health Department of the County, acting through the County Health Officer or his representative, is the department which shall advise the City concerning matters of sanitation and public health.

J.

"Improvement plan" is an engineering plan prepared by a civil engineer, registered by the State of California showing the location and construction details of all improvements required for the subdivision.

K.

"Industrial street" is a street serving traffic within an industrial development.

L.

"Inundation" is used to indicate ponded storm water or storm water in motion of sufficient depth to damage property due to the mere presence of water or the depositing of silt.

M.

"Major drainage channels or conduits" are those channels or conduits which serve a drainage area of four (4) square miles or more.

N.

"Marginal strip" is the area between the edge of the traveled roadway or curb line, and the adjacent property line.

O.

"Median" is the area separating two (2) roadways within the right-of-way..

P.

"Minor drainage channels or conduits" are those channels or conduits which serve a drainage area of one square mile, or less.

Q.

"Minor street" is any street which serves traffic for not more than twenty-four (24) residences.

R.

"Path or Trail" is a right-of-way designated for use only by pedestrians and/or equestrians and not intended for use as a way for motor driven vehicles. Public paths are rights-of-way offered for dedication by a subdivision map or deeded to and accepted by the governing body of the City. Private paths are for the benefit of the owners of lots designated on the subdivision map.

S.

"Ponding of local storm water" is standing storm water in local depressions. As distinguished from sheet overflow water, this water originates on or in the vicinity of the subdivision, and due to the condition of the ground surface, does not reach a drainage channel or conduit.

T.

"Preliminary soils report". A report prepared by a soil engineer based upon adequate test borings or excavations. The report shall indicate the presence of any critically expansive soils or any other soil problems which, if not corrected, may lead to structural defects. If the report indicates the presence of critically expansive soils or other soil problems which, if not corrected, may lead to defects in structures, buildings or other improvements, it shall further report on an investigation of each lot of the subdivision, including recommended corrective action which is likely to prevent structural damage to each building, structure, or improvement to be constructed. It shall also report on the suitability of the earth material for

construction of stable embankments and excavation slopes, including those necessary for any artificial or natural drainage channel; recommendations for construction procedures to obtain required stability; maximum design velocities for any natural or artificial drainage channel; and any other geologic features, slides, unstable soil conditions, springs and seepage conditions, erosion control planting, or drainage facilities to enable proper development of the subdivision.

The preliminary soils report shall be prepared on eight and one-half (8 1/2) inch by eleven (11) inch paper of durable quality and any maps or documents which accompany the report shall be of a convenient size and scale to fold to eight and one-half (8 1/2) inch by eleven (11) inch.

U.

"Private street" means any parcel of land or nonexclusive easement not owned by the county, cities, or the State of California, or offered for dedication to the public, which is used or intended to be used for access to a lot or parcel.

V.

"Public Street" is the street for which the fee title or right-of-way is owned by the City or offered for dedication to the public and accepted by the City.

W.

"Secondary drainage channels or conduits" are those channels or conduits which serve a drainage area less than four (4) square miles and more than one square mile.

X.

"Sheet overflow" indicates water of minor depths either quiescent or flowing at velocities less than those necessary to produce serious scour.

Y.

"Soil engineer" is a licensed civil engineer, experienced in engineering geology, responsible for the soil engineering work outlined in this Ordinance including supervision, analysis and interpretation of field investigation and laboratory tests for a specific project, preparation of geological and soil engineering recommendations and specifications, and supervision of grading construction work.

Z.

"Specifications" refers to the specifications as approved by the City Council, in effect at the time of filing the final map of the subdivision, three (3) copies of which shall be filed with the City Clerk.

AA.

"Street" is a way, excluding a path or alley, for pedestrian and vehicular traffic.

BB.

"Thoroughfares" are those roads of general City importance which are designated as City thoroughfares, either existing or proposed, on the City General Plan of roads.

(Ord. 325, 1996; Ord. 199, 1980)

A.

A draft tentative map as required in Section 16.08.010, this Title, will be prepared with enough clarity and with the elements listed below to adequately demonstrate the intentions of the subdivider and to establish the basis for submitting the official tentative map for approval. It is the intent that through conferences, coordination and the efficiency of the Planning Staff and the subdivider in identifying and solving problems before official action is taken, that considerable time and money can be saved in achieving the results required by this Title.

B.

The tentative map submitted in accordance with Section 16.08.020, this Title, shall be clearly and legibly drawn and shall contain the following information:

1.

The title, which shall contain the subdivision number assigned by the Planning Staff and the type of subdivision, and may contain such name as may be selected by the subdivider.

2.

Names and addresses for:

a.

Legal owner of property.

b.

Subdivider.

c.

Person or persons who prepared the map.

3.

A topographical contour map showing accurately the existing terrain within the subdivision, existing drainage channels, roads, culverts, overhead and underground utility lines which may affect the design of the subdivision, wells and springs, major structures, irrigation ditches, utility poles, and other improvements in their correct location. Elevations shall be in accord with U. S. Geological Survey (1929 Sea Level Datum). The map shall be drawn to an engineer's scale large enough to show all information clearly, but not smaller than one hundred (100) feet to the inch. Contour interval shall not be greater than two (2) feet if the ground

slope is less than ten percent (10%) nor larger than five (5) feet for ground slopes greater than ten percent (10%); and at such intervals that the contour lines will not be spread more than one hundred fifty (150) feet (ground distance) apart. The map shall show:

a.

The outline of existing slides, slips, slump areas, and areas subject to inundation or ponding.

b.

The edges of pavements of existing paved roads, driveways, and the edges of existing traveled ways within public right-of-way and easements or within private common rights-of-way.

c.

Location of existing property lines and approximate boundaries of existing easements within the

subdivision, with the names of the owners of record, of easements, exclusions, and the properties abutting the subdivision.

d.

The proposed lot and street layout with scaled dimensions of each lot.

e.

The location of all proposed easements for drainage and access.

f.

Street names, width of streets and easements, approximate grade, and radius of curves along property lines of each street.

g.

Typical geometric sections for streets showing pavement width, curbs, sidewalks, grading in marginal strips, slopes of cuts and fills, and other construction proposed or applicable.

h.

Areas to be used for public purposes.

i.

Location, approximate grade, direction of flow and type of facility of existing drainage channels and storm drains.

j.

A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to community development.

k.

North arrow and scales for maps and contour interval.

l.

Boundary lines of existing land use zones shall be delineated.

m.

Statement or plan as to proposed plans for drainage the area subject to flooding or inundation by waters flowing into or from the subdivision.

n.

If to be developed in increments, the map shall indicate the approximate sequence of development by units.

o.

The source and date of existing contours.

p.

Significant trees and outcroppings.

q.

Any other information required by the Planning Commission.

C.

Proposed improvements to be shown shall include, but not be limited to:

1.

The location, grade, centerline radius, and arc length of curves, pavement and right-of-way width, and name of all streets. Typical sections of all streets shall be shown.

2.

The location, width, and purpose of all easements.

3.

The location and radius of all curb returns and cul-de-sacs.

4.

The angle of intersecting streets if such angle deviates from a right angle by more than four (4) degrees.

The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale, and the number of each lot.

6.

Proposed contours at two (2) feet intervals shall be shown if the existing ground slope is less than ten percent (10%) and five (5) feet intervals for existing ground slopes greater than or equal to ten percent (10%). A separate grading plan may be submitted.

7.

Proposed recreation sites, trails, and parks for private or public use.

8.

Proposed common areas and areas to be dedicated to public open space.

9.

The location and size of sanitary sewers, water mains, and storm drains. Proposed slopes and approximate elevation of sanitary sewers and storm drains shall be indicated.

10.

The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map.

(Ord. 325, 1996; Ord. 199, 1980)

The tentative map shall be accompanied by the following data and reports which shall be submitted at the time the map is filed with the City Clerk.

A.

Project statement. A written statement of general information which shall contain the following information:

1.

Existing use of uses or property.

2.

A description of the proposed subdivision, including the number of lots, their average and minimum size, and nature of development.

3.

Source of water supply.

The method of sewage disposal proposed.

5.

Other improvements proposed.

B.

Preliminary soils report. A preliminary soils report prepared by a civil engineer registered in the State of California and based on adequate test borings shall be submitted. The City Engineer may require a soils investigation of each lot in the subdivision if the preliminary soils report indicates the presence of critically expansive soils or other soils and seismic problems which, if not corrected, would lead to structural

defects. Such soils investigation shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist. A preliminary grading and site development plan including drainage will be submitted.

C.

Title report. A preliminary Title Report, prepared within three (3) months prior to filing the tentative map.

D.

Engineering geology and/or seismic safety report. A preliminary engineering geology/seismic safety and/or a seismic safety hazards investigation report prepared in accordance with guidelines established by the Planning staff shall be prepared. If the preliminary engineering geology and/or seismic hazards investigation report indicates the presence of geologic hazards or seismic which, if not corrected, would lead to structural defects, an engineering geology and/or seismic hazards investigation of each lot shall accompany the final map and shall contain an investigation of each lot within the subdivision deemed to be affected by such hazards.

E.

School site. The subdivider shall obtain from the school districts involved their intention in writing concerning the necessity for a school site, if any, within the subdivision and shall present this information to the Planning staff prior to the consideration of the tentative map by the Advisory Agency.

F.

Environmental impact study. No tentative map filed pursuant to the provisions of this Chapter shall be approved until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents. Upon the filing of a tentative map as provided herein, it may be submitted to the Office of Intergovernmental Management pursuant to Section 12037 of the Government Code for an evaluation of the environmental impact of the proposed subdivision. If the subdivision in

question is a land project as defined by Section 11000.5 of the Business and Professions Code, such submission shall be required prior to approval of the tentative map.

G.

Utility certification. Certification in writing from all utilities that the proposed subdivision can be adequately served.

H.

Other reports. Any other data or reports, including, but not limited to, noise studies, deemed reasonably necessary by the Planning staff or Advisory Agency.

(Ord. 325, 1996; Ord. 199, 1980)

The subdivider shall file thirty (30) prints of the tentative map of the subdivision, together with supplementary data and the required filing fee. The official date of filing a tentative map and the required accompanying statement is the date on which the application is accepted as complete. This date will be within thirty (30) calendar days after the tentative map has been received in the City office. If the application is not complete and accepted, it shall be returned to the subdivider by the City Clerk with a written statement of the reason.

A.

Referral to other departments. Within five (5) working days after the official filing of the map, the Planning staff shall forward copies to such agencies as: the City Engineer, the Health Officer, Flood Control, Building Inspection Department of the County, the Chief Engineer of a Sanitary District if the subdivision lies within a sanitary district, the Chief of the local fire district, the local State Highway Department office, and to other interested agencies. Each of the said agencies, within fifteen (15) working days after the map has been filed, may forward to the Planning Staff its findings and recommendations thereon.

B.

Subdivision conference. Within twenty (20) working days after the filing of a tentative map, a review conference may be held on the tentative map. Written notice of such conference shall be given to the subdivider or his agent, and to all interested agencies. The recommendations of the Planning Staff and the other affected agencies will be considered and correlated. A written report of the results shall be presented to the applicant at least three (3) days prior to any hearing or action on such map by the Planning Commission.

(Ord. 199, 1980; Ord. 325, 1996)

SEQUENCE:

A.

Subdivider prepares draft tentative map for proposed subdivision and submits to City Staff along with supporting documents.

B.

City Staff reviews draft tentative map; schedules conferences and coordination with interested agencies and the Planning Commission; prepares report of findings; sends to subdivider and to all other interested parties.

C.

Subdivider prepares application for tentative map in accordance with report on draft tentative map and submits to City.

D.

City Staff checks the submission for completeness and, if determined complete by the Community Development Director, accepts the application which is the beginning of the fifty (50) day period for final action. The City Staff prepares necessary reports with copies to all interested persons and forwards accepted application to the Advisory Agency (Planning Commission) for required action.

E.

Advisory Agency (Planning Commission) reviews and studies application, map and supporting documents; holds public hearing and deliberations; takes one of three (3) actions:

1.

Approves as submitted;

2.

Approves with conditions;

3.

Disapproves the tentative map.

F.

City Staff. City Clerk certifies action by Advisory Agency (Planning Commission) and provides notification of action to subdivider and interested agencies and persons.

G.

The subdivider may accept the tentative map as approved or conditionally approved, or, if the application was disapproved, the subdivider may appeal in accordance with Section 66452.5 of the Government Code. The subdivider may also appeal any other action of the Advisory Agency (Planning Commission) as may any other person who is adversely affected. If the subdivider does not appeal, the approved, or conditionally approved, map expires in accordance with Section 66452.6. If the subdivider or an adversely

affected person files an appeal, such appeal must be filed with the City Clerk within ten (10) days after the action of the Advisory Agency (Planning Commission).

H.

City Staff on appeal. The City Clerk will refer the appeal to the Appeal Board (City Council) for public hearing; notifies all persons concerned.

I.

Appeal Board (City Council) set the appeal for public hearing to be held within thirty (30) days of the date of filing; renders decisions on the matter within ten (10) days after the hearing. Failure of Appeal Board (City Council) to act, the tentative map insofar as it complies with applicable codes shall be approved or conditionally approved as it was last approved or conditionally approved.

J.

City Staff. The City Clerk certifies the action taken and returns the tentative map to the subdivider.

(Ord. 199, 1980; Ord. 325, 1996; Ord. 375, 2004)

The form and content of the final map is generally specified in Section 66434 et seq. of the Government Code and more specifically in this Title. Since the preparation of a final map can only follow the approval or conditional approval of a tentative map, the controversial issues will have been resolved prior to making application for a final map. Therefore, the process should be one of validation and filing for record. It is therefore essential that the form and content of the final map be carefully checked for accuracy and completeness before it is presented to the City Council for action.

(Ord. 325, 1996; Ord. 199, 1980)

The subdivider shall submit at least two (2) sets of preliminary prints of the final map and documents to the City staff for checking along with a fee as established by Resolution of the City Council. The documentation will include construction plans and specifications for the public improvements that are required and have been approved in the tentative map and the items contained in 16.08.032 of this Title.

(Ord. 325, 996; Ord. 199, 1980)

The preliminary final map with the plans, documents and agreements pertaining thereto will be reviewed carefully by the City staff. Upon completion of this review, a written report will be furnished to the subdivider outlining the deficiencies and the corrections required. The subdivider shall then resubmit all of the documentation in its corrected form for processing the final map.

(Ord. 325, 1996; Ord. 199, 1980)

The accepted application for final map shall be processed and acted upon in accordance with the Map Act and Chapter 16.08 of this Title.

(Ord. 325, 1996; Ord. 199, 1980)

16.20.034 - Chart of Actions on Final Map.

SEQUENCE:

A.

Subdivider. Prepares the final map based on the processed tentative map and in accordance with this Title and submits two (2) sets of preliminary prints and documents to the City staff for review.

B.

City Staff. Reviews the preliminary final map along with the pertinent plans, documents and agreements for compliance with the tentative map and this Title.

C.

City Staff. Advises subdivider and interested agencies and persons of the results of the review.

D.

Subdivider. If not satisfied with the review, may proceed with appeal proceedings as provided for under the tentative map procedures. If appeal is not elected, prepares and submits to City staff all documents, plans, reports and certificates including specified reproducible.

E.

City Staff. Reviews submittal for compliance with prior review comments and prepares report to the City Council.

F.

City Council. Approves or disapproves the final map. Requires any special conditions pertinent to providing any uncompleted public improvements.

G.

City Clerk. Transmits the approved map to the County Board of Supervisors for recordation by the County Recorder.

(Ord. 325, 1996; Ord. 199, 1980)

The form and content, submittal and approval of tentative parcel maps shall conform to the provisions of this Section and Chapter 16.10, this Title. The tentative parcel map shall be prepared by a registered civil engineer or licensed land surveyor.

(Ord. 325, 1996; Ord. 199, 1980)

The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor and shall show the location of streets and property lines bounding the property and shall in addition to other requirements conform to all of the following provisions:

A.

It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates may be legible stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

B.

The size of each sheet shall be eighteen (18) by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

C.

Each parcel shall be numbered or otherwise designated.

D.

The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated.

E.

The map shall show the location of each parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be indicated, but need not be indicated as a matter of survey but only by deed reference to the existing record boundaries of such remainder if such remainder has a gross area of five (5) areas or more.

F.

Subject to the provisions of Section 66436, a certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map is required, except that less inclusive requirements may be provided by local Ordinance.

However, with respect to a division of land into four (4) or fewer parcels, where dedications or offers of dedications are not required, the certificate shall be signed and acknowledged by the subdivider only; provided, however, where a subdivider does not have a record title ownership interest in the property to be divided, the subdivider shall provide satisfactory evidence that the persons with record title ownership have consented to the proposed division. For purposes of this paragraph, "record title ownership" shall mean fee title of record unless a leasehold interest is to be divided, in which case "record title ownership" shall mean ownership of record of such leasehold interest; "record title ownership" does not include ownership of mineral rights or other subsurface interests which have been severed from ownership of the surface.

(Ord. 325, 1996; Ord. 199, 1980)

The tentative parcel map shall show the following information:

A.

Name and address of legal owner, subdivider, and the person preparing the map (including registration number).

B.

Assessor's parcel number.

C.

Date prepared, north arrow, scale and contour interval.

D.

Existing and proposed land use.

E.

Title.

F.

A vicinity map, sufficient to show the relation to the local community.

G.

Existing topography of the site and at least one hundred (100) feet from its boundary including but not limited to:

1.

Existing contours at two (2) feet intervals if the existing ground slope is less than ten percent (10%) and five (5) feet intervals for existing ground slopes greater than or equal to ten percent (10%). Existing contours shall be represented by screened or dashed lines.

2.

The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked.

3.

The location, width, and direction of flow of each water course.

4.

The location, pavement, and right-or-way width, grade, and name of existing streets or highways.

5.

Location and type of street improvements.

6.

The location, size, and slope of existing storm drains.

7.

The location, width, and identity of existing easements.

H.

Any improvements proposed by the owner shall be shown.

I.

If the site is to be graded, proposed contours shall be shown or an approved grading plan submitted.

J.

The proposed lot layout and lot areas.

K.

Proposed easements or rights-of-way.

L.

The source and date of existing contours.

M.

A preliminary report of title showing the current vested owner.

N.

A soils and/or engineering geology report may be required.

O.

An application form to be completed at the Planning Department which shall contain the following information:

1.

Names, addresses, and phone numbers of applicants and owners.

2.

The method of sewage disposal and source of water supply.

3.

Each item for which a variance is requested and the specific reasons for the request.

Any of the foregoing requirements may be waived upon finding that the location or nature of the proposed minor subdivision is such that it does not necessitate compliance with these requirements; or may require additional information as deemed necessary.

(Ord. 325, 1996; Ord. 199, 1980)

Any person making a division of land for which a parcel map is required may, in accordance with the provisions of this Title, file with the City three (3) prints of a draft parcel map, together with any deposits toward plan checking and review fees as may be required. The draft parcel map shall be reviewed by the City staff for compliance to all applicable City Ordinances and the Map Act. Upon completion of the review, one print will be returned to the owner along with comments for submitting the tentative parcel map.

(Ord. 199, 1980; Ord. 325, 1996)

The subdivider shall then submit the revised map (tentative parcel map), reports, and data to the City pursuant to Section 16.20.022. After Staff review and Advisory Agency consideration, one set shall be returned to the subdivider marked "Approved as Submitted," "Approved with Conditions as Noted," or "Denied, Revise and Resubmit".

(Ord. 199, 1980; Ord. 325, 1996)

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, center lines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures. However, if sufficient survey information exists of filed maps to locate and retrace the exterior boundary

lines of the parcel map and the location of at least one of these boundary lines can be established from an existing monumented line, these data may be used for compilation in lieu of a field survey.

(Ord. 199, 1980; Ord. 325, 1996)

Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised map, prepared in accordance with the Map Act and this Title, corrected to its final form, and signed by all parties required by the Map Act and this Title to execute the certificates on the map to the City. The City staff will review for error and if correct, execute the Clerk's and City Engineer's Certificate. Upon completion of any required public improvement agreements, submission of required surety and insurance improvements agreements, submission of required surety and insurance documents, fees and satisfaction of any other conditions, the City documents, fees and satisfaction of any other conditions, the City Clerk will file the map with the County Recorder for recordation.

(Ord. 199, 1980; Ord. 325, 1996)

In addition to the exceptions in Government Code Section 66412, requirements for the parcel map may be waived for the following:

A.

A division of property resulting from the conveyance of land, or interest therein, to or from a governmental agency, public entity or public utility for a public purpose, such as school sites, public buildings sites, or rights-of-way for streets, sewers, utilities, drainage, etc., or

B.

The Planning Commission (Advisory Agency) may waive the parcel map requirement including for those land divisions described in Section 16.06.020 of this Title 16, upon making a finding that the proposed division of land complies with the requirements as to area, improvement and design, flood water drainage controls, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter, local Ordinance, and the Map Act. The parcel map requirements shall not be waived unless a tentative parcel map has been approved. Upon waiving the parcel map requirement, the City Clerk shall file with the County Recorder a "Certificate of Compliance" for the land to be divided.

(Ord. 199, 1980; Ord. 325, 1996)

16.20.048 - Parcel Map—Improvement Plans.

A.

When improvements are required by the Planning Commission for existing public street or drainage, improvement plans shall be submitted for the City Engineer to review and make recommendations. Improvement plans, standards and inspection fees shall conform to the requirements of this Title unless a

specific exception is granted by the Planning Commission. Before a lot is sold, a parcel map filed, or a building permit issued, the improvements will either be completed or an agreement executed with the City to complete the improvements within one year. Agreement will be secured by a bond in the amount of the estimated costs of improvement.

B.

The requirements and standards specified in this division shall apply to all improvements.

C.

Time limit for improvements. Required improvements shall be constructed within one year of approval of the minor subdivision map.

An additional period of one year may be granted by the Planning Commission where extenuating circumstances exist that prevent the completion of the improvements. If the improvements are not completed within the time allowed, the City Council may direct that the money be used from the cash deposit or enforcement of the surety bond to accomplish the completion of the improvements in accordance with the improvement plan on file.

(Ord. 199, 1980; Ord. 325, 1996)

16.20.049 - Chart of Actions on Parcel Map.

SEQUENCE:

A.

Minor subdivider. Prepares and submits draft parcel map (three (3) copies) to City.

B.

City Staff. Reviews draft and returns to subdivider with comments on which to base tentative map.

C.

Minor subdivider. Prepares tentative map and submits to City for Approval review.

D.

City Staff. Reviews tentative map and provides comments and map to the Advisory Agency for consideration.

E.

Advisory Agency (Planning Commission). Reviews for compliance with all stipulated laws, ordinances and conditions. Approves, approves conditionally, or disapproves and returns to City Staff.

F.

City Staff. Advises subdivider and interested agencies and persons of the Planning Commission's decision.

G.

Minor Subdivider. If not satisfied with the decision, may initiate appeal proceeding to the City Council. If appeal is not elected, submits the reproducible plan with related certificates, improvement plans, supporting documents reports, bonds, outstanding fees, evidence of adequate insurance, and liability relief to the City.

H.

City Staff. Reviews the approved plan and related documents for correctness and completeness. Executes Clerk's and Engineer's Certificate. When all conditions are satisfied, transmits the approved map to the County Board of Supervisors for recordation by the County Recorder.

(Ord. 199, 1980; Ord. 325, 1996)

16.20.050 - Requirements for Improvements in all Subdivisions.

The subdivider shall construct all required improvements both on and offsite according to approved standards. A final map shall not be presented to the Council for approval until the subdivider either completes the required improvements, or enters into an agreement acceptable to the City Council agreeing to do such work.

(Ord. 199, 1980; Ord. 325, 1996)

16.20.051 - Improvement Plans: Form and Content.

Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the State of California.

Improvement plans shall include, but not be limited to, grading, storm drains, landscaping, streets, sanitary sewers, and related facilities.

A.

Form. Plans, profiles and details shall be legibly drawn, printed or reproduced on twenty-four (24) inch by thirty-six (36) inch sheets as follows:

1.

A border shall be made on each sheet providing one-half inch at top, bottom and right side and one and one-half inches on the left side.

2.

A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the City Engineer and for approval of plan revisions.

3.

Plan and profiles shall be drawn to the scale of one inch equals forty (40) feet or larger unless otherwise approved by the City Engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.

4.

A vicinity map shall be shown on the first sheet of all sets of plans.

5.

A north arrow shall be shown on each sheet when applicable.

6.

Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the City Engineer.

7.

All lettering shall be one-eighth inch minimum.

8.

If the plans include three (3) or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included.

9.

The form of all plans shall conform to such additional requirements as may be established by the City Engineer. The final form of all plans shall be approved by the City Engineer.

B.

Contents. The improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private (including common areas).

Reference may be made to City of Clayton, Contra Costa County or State Standard Plans in lieu of duplicating the drawings thereon.

1.

Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, construction cost estimates, and any structural calculations as may be required shall be submitted with the improvement plans to the City Engineer. All calculations and estimates shall be legible, systematic and signed and dated by a registered civil engineer licensed by the State of California and in a form approved by the City.

C.

Review by the City. The subdivider shall submit two (2) sets of improvement plans and two (2) copies of all computations to the City for review. Upon completion of the review, one set of the preliminary plans, with the required revisions indicated thereon, will be returned to the subdivider's engineer.

D.

Approval by the City Engineer. After completing all required revisions, the subdivider shall transmit the originals and one set of mylars of the improvement plans to the City. Within thirty (30) days after submittal of a complete package of required revisions, the City Engineer shall sign and date the plans after determining that all required revisions have been made and that the plans conform to all applicable City Ordinances, design review requirements and conditions of approval of the tentative map. The originals will be returned to the subdivider.

Approval of the improvement plans shall not be construed as approval of the sanitary sewer or water construction plans. Approval by the City Engineer shall in no way relieve the subdivider from responsibility for the design of the improvements and for any deficiencies resulting from the design thereof.

E.

Minor revisions to approved plans.

1.

By subdivider. Requests by the subdivider for revisions to the approved plans that appear necessary or desirable during construction shall be submitted in writing to the City accompanied by two (2) sets of revised drawings showing the proposed revision. If the revisions are acceptable, the revised plan shall be signed by the City Engineer and returned to the subdivider. Two (2) sets of the revised plans shall be immediately transmitted back to the City Engineer and construction of any proposed revision will not be permitted to commence until revised plans have been received.

2.

By City. When revisions are deemed necessary by the City to protect public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider. The subdivider shall revise the plans and transmit the originals to the City. When the revisions are considered acceptable to the City, the revised plans will be signed by the City Engineer and returned to the subdivider for reproduction. Construction of all or any portion of the improvements may be stopped by the City until revised drawings have been received from the subdivider.

The subdivider may appeal revisions required by the City Staff to the City Council by filing an appeal with the City Clerk within two (2) working days following receipt of the request to revise plans. No work shall proceed on the protested phase until the City Council renders its decision.

(Ord. 199, 1980; Ord. 325, 1996)

The subdivider will enter into an Improvement Agreement with the City as approved by the City Council for the installation of all improvements required or to be installed by the subdivider.

The agreement shall be prepared and signed on the authority of the City Council and be approved as to form by the City Attorney. The agreement shall provide for:

A.

Construction of all improvements in accordance with the approved plans and specifications.

B.

Completion of improvements within the time specified in the Agreement.

C.

Right by City to modify plans and specifications.

D.

Warranty by subdivider that construction will not adversely affect any portion of adjacent properties. Any adverse affect due to the construction by the subdivider, said subdivider shall be held responsible.

E.

Payment of inspection fees in accordance with the City's Resolution establishing fees and charges.

F.

Payment of in-lieu fees for Parkland Dedication.

G.

Payment of drainage district or area fees.

H.

Improvement security as required by Chapter 16.14.

I.

Maintenance and repair of any defects or failures and causes thereof.

J.

Release of the City from all liability incurred by the development, and payment of all reasonable attorney's fees that the City may incur because of any legal action arising from the development.

K.

Any other deposits, fees or conditions as provided by any City Ordinance or Resolution and as may be required by the City Engineer or City Attorney.

L.

Annexation to Lighting District, if required by the Planning Commission.

M.

Payment of one year energizing cost for lighting if required by the Planning Commission.

(Ord. 199, 1980; Ord. 325, 1996)

All improvements as may be required as conditions of approval of the tentative map or by City Ordinance, together with, but not limited to, the following shall be required of all subdivisions.

A.

Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section including street structural section, curbs, sidewalks, driveway approaches and transitions.

B.

Storm Drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm system shall provide for the protection of abutting and offsite properties that would be adversely affected by any increase in runoff attributed to the development; offsite storm drain improvements may be required to satisfy this requirement.

C.

Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system, unless exempted by the City Council.

D.

Water Supply. Each unit or lot within the subdivision shall be served by an approved publicly owned domestic water system, unless exempted by the City Council.

E.

Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone and television cable facilities. All utilities within the subdivision shall be placed underground. Street lighting facilities shall be included as part of the subdivision improvements, unless specifically exempted.

F.

Design. The design and layout of all required improvements both on and offsite, private and public, shall conform to generally acceptable engineering standards and to such standards as approved by the City Council.

G.

Access. The subdivision shall abut upon or have an approved access to a public street.

Each unit or lot within the subdivision shall have an approved access to a public street.

Street layout within the subdivision shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision unless such adjoining property has or will have other access provided. Reserve strips, or non-access at the end of streets or at the boundaries of subdivisions shall be dedicated unconditionally to the City when required.

(Ord. 199, 1980; Ord. 325, 1996)

All engineering, design, maps, drawings and work shall comply with the requirements of this Section.

A.

Streets.

1.

The design, layout, width, circulation, and other design aspects of streets in a subdivision shall conform to the locations which may have been shown on the General Plan or in all cases shall provide advantageous development for the general planning area within which the subdivision lies.

2.

Reserve strips controlling the access to streets or other public rights-of-way shall not be approved unless such strips are necessary for the protection of the public welfare or property rights.

3.

The final map shall show the monument line of each street, the boundary of each street, including the width of the portion of any fractional street being dedicated, the width of existing road rights-of-way from public records, and the widths on each side of the monument line of whole streets. The widths and locations of adjacent streets shall be shown as determined from public records. Whenever the City has established either the centerline or monument line of the street and such information is made a public record, this location and data shall be shown on the final map.

4.

All streets shall intersect as nearly as possible at right angles.

5.

Streets entering on opposite sides of any given street shall have their center lines directly opposite each other, or said center lines shall be offset by at least one hundred fifty (150) feet.

6.

The minimum distance between streets entering a major arterial shall be eight hundred (800) feet.

7.

Street names shall be subject to the approval of the City.

8.

If a subdivision borders on a limited access freeway, or similar type of facility, the City may require that the street plan be considered in its relation to the probability of grade separation.

B.

Paths.

1.

Where paths are established along the rear or side lines of lots, the path shall be shown in dashed lines.

C.

Blocks. Block lengths shall not exceed one thousand (1,000) feet.

D.

Lots.

1.

Lot dimensions shall conform to the requirements of City Ordinance as to size and dimensions.

2.

Lots, where not served by public sewers, shall not be smaller in area than forty thousand (40,000) square feet and as approved by the Health Department for septic tanks and drain field installations.

3.

Lot numbers shall begin with number "1" in each subdivision, and shall continue consecutively with no omissions or duplications. All figures shall be conspicuous and solid. Circles or other designs shall not be drawn around the lot numbers.

4.

Each lot must be shown entirely on one sheet of the final map.

5.

Dimensions of lots shall be given as the net dimensions to the boundaries of adjoining streets.

6.

No ditto marks shall be used in the dimensions and data shown on the map.

7.

The subdivider shall show the area of each lot on the tentative map. The area shall be exclusive of the portion lying in the street.

8.

Side lot lines shall be substantially at right angles or radial to street lines.

9.

Residential lots shall not have access directly onto major arterial streets.

E.

Sewerage. Sewerage shall be provided to the subdivision by a public sanitation district or utility having adequate plant and facilities. If it is found that it is not feasible to construct, install, or connect to a sewerage system based on evidence submitted, any request for an alternate means of sewage disposal may be referred to the County Health Department for a recommendation prior to approving an alternative sewerage system.

F.

Water. An adequate approved water supply shall be provided to serve all of the proposed subdivision.

G.

Classification of Streets. The classes of streets shall be as follows: Major arteries, arterials, collectors, and minor streets.

H.

Pavement Design.

1.

The structural design of the pavement includes the determination of the thickness and type of subbase, base, and surfacing to be placed over the basement soil according to the adopted Public Improvement Standards. The City shall approve the traffic index in the structural design of streets.

2.

The subdivider, at his expense, may make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the City for use in determining a preliminary structural design of the roadbed.

3.

In no case shall the thickness of the base material be less than five tenths (0.5) of one foot, nor shall the thickness of asphalt concrete surfacing be less than twenty-one hundredths (0.21) of a foot.

I.

Curbs and Gutters.

Curbs shall be constructed unless the zoning is for lot sizes greater than provided in R-15 zoning, with Planning Commission approval.

2.

Curbs may be required on lots greater than R-15 standards if the Planning Commission finds curbs are necessary or desirable due to:

a.

A grade of more than six percent (6%), or

b.

The public safety and welfare, or

c.

Planning objectives for a particular neighborhood.

3.

Improvement plans shall show any curb profiles.

J.

Sidewalks and Pedestrian Paths.

1.

Sidewalks shall be constructed on all collectors and arterial streets.

2.

Sidewalks shall be constructed on all local streets except as provided by the following:

a.

In zoning districts where lot sizes are greater than provided in the R-15 zoning district; dead ended streets (cul-de-sacs); in these cases the Planning Commission may waive the requirement for sidewalks if the public safety and welfare can be protected.

3.

Sidewalks shall be unobstructed by utility installations.

4.

Sidewalks and pedestrian pathways shall be designed and surfaced in a manner approved by the City. In general, sidewalks in residential areas shall be four (4) feet (wide.

K.

Street Widths.

1.

The minimum widths and rights-of-way of the various classes of streets shall be as shown in the following table:

2.

The width of the pavement shall be measured normal to the center line between the edges of the pavement if there are no curbs, or to the curb face, where there are curbs.

3.

Exception to the above widths, because of terrain or other considerations including public safety, shall be considered on the basis of cross sections as given on the map or plans, proposed density of occupancy in the area, and other evidence.

L.

Street Grades.

1.

Maximum street grades, unless otherwise approved by the City Engineer, shall not exceed the following limits:

Arterial Streets ..... .8%

Collector Streets .....12%

Minor Streets .....15%

2.

The minimum uniform grade for all classes of streets shall not be less than one percent (1%) except reductive to one-half of one percent (0.5%) if authorized by the City Engineer.

3.

The grade of the pavement surface across an intersection shall not be more than six percent (6%).

4.

The gradient of each street entering an intersection shall not be more than six percent (6%) within a distance of thirty (30) feet from the nearest curb line of the intersecting street.

5.

Changes of grade in the vertical alignment of the street shall be made with parabolic vertical curves. The length of vertical curve required shall be determined by conditions set forth below.

The "Headlight Sight Distance," determined in accordance with the Standards of the California Division of Highways for sag vertical curves, shall be not less than those listed above for minimum stopping sight distances.

Stopping sight distance shall be that distance at which an object on the pavement, four (4) inches high, can be seen from another point four and one-half (4.5) feet above the pavement surface.

6.

The minimum length of vertical curve shall be fifty (50) feet for minor streets, one hundred (100) feet for collector streets, and two hundred (200) feet for arterials.

M.

Horizontal Curves.

1.

Changes in direction of the streets shall be made with horizontal circular curves, with the edges of the pavement and curb lines parallel to and equidistant from the centerline of the right-of-way.

2.

The radius of curvature in the centerline of the street except in the downtown area, shall not be less than:

Major Arterial Street .....Five Hundred (500) Feet

Collector Street .....Two Hundred (200) Feet

Minor Street .....Seventy-Five (75) Feet

N.

Pavement Crown. The pavement crown and geometric design of the street cross-section shall be shown and dimensioned on the improved plans, and shall conform to accepted design standards. The minimum cross-slope shall be two percent (2%). On street grades over six percent (6%), a five percent (5%) crossslope shall be provided, adjacent to the curb and gutter for a distance of not less than ten (10) feet from the face of the curb. Reduction may be approved by the City Engineer.

O.

Street Intersections. Street intersections shall be designed to provide reasonable approaches from side streets, and to provide smooth continuous flow of drainage without overflow across the intersection.

Valley gutters shall be provided to carry drainage across intersections whenever underground drainage facilities cannot reasonably be provided. Valley gutters shall not be permitted across arterial and collector streets. Valley gutters shall be on a continuous minimum grade of one percent (1%). Reduction may be approved by the City Engineer.

P.

Curb Returns and Turn-Arounds.

1.

A paved turn-around shall be provided at the ends of cul-de-sac streets. The area shall provide for a turning radius of forty (40) feet.

2.

Curb lines at street intersections and turn-arounds shall be constructed on a curve having the following minimum radius:

3.

Design of "Not a Through Street," other than a cul-de-sac, shall be approved by the City.

Q.

Street Grading. Earth slopes in cuts or embankment sections shall not be steeper than three (3) feet horizontal to one foot vertical, unless steeper slopes have been specifically approved by the Planning Commission, based on a report submitted by a soil engineer. The soil report shall be filed with the City.

R.

Traffic Safety Devices. The subdivider shall furnish and place such traffic devices within the subdivision as may be specified by the City Engineer.

S.

Street Signs. The subdivider shall furnish and install necessary street name signs in accordance with details approved by the City Engineer.

T.

Street Trees.

1.

All trees conflicting with the grading, utilities, or other improvements, or overhanging the sidewalk or pavement so as to form a nuisance or hazard shall be trimmed to eliminate such nuisance or hazard.

2.

Trees to be planted along the street within the road right-of-way shall conform to such species on City's approved list and be planted in such locations as may be approved by the City.

3.

An encroachment permit shall be obtained from the City for street tree plantings (Engineering).

4.

All work affecting trees shall conform to applicable provisions of Chapter 15.70.

U.

Survey Monuments.

1.

The subdivider shall construct permanent survey monuments at the locations specified on the filed subdivision map. The monuments and appurtenances shall conform to approved standards and details prescribed by the City.

2.

The allowable field survey error shall not exceed one part in fifteen thousand (15,000) in distance, or five (5) seconds in angular measurement.

3.

Establishment of all survey measurements shall be certified in writing to the City prior to acceptance of street improvements.

4.

The subdivider shall mark on the top of curb the extension of the side property lines.

V.

Minimum Drainage Requirements: General.

1.

All portions of the subdivision shall be protected from flood hazard, inundation, sheet overflow and ponding of storm waters, springs and all other surface waters.

2.

The design of all improvements within the subdivision shall be such that all surface waters occurring within the subdivision, as well as all surface waters flowing onto and/or through the subdivision, shall be conveyed through the subdivision without damage to any improvements, building sites or dwellings which may be constructed within the subdivision. Storm drainage facilities within the subdivision shall be designed to adequately convey the storm water runoff for the ultimate development of the drainage basin or watershed.

3.

Surface waters flowing from the subdivision in any form or manner shall be conveyed without damage to any improvements, building, or dwellings to a natural watercourse having definable bed and banks, or to an existing adequate storm drainage facility. Storm drainage facilities to be constructed outside of the subdivision shall be designed to adequately convey the storm water runoff for the ultimate development of the drainage basin or watershed lying within and above the subdivision. Wherever surface waters must be conveyed beyond the boundaries of the subdivision in order to discharge into a natural watercourse or to an existing adequate storm drainage facility, the subdivider shall comply with one of the following options prior to filing of the final map.

a.

The subdivider shall deposit with the City a copy of a duly recorded drainage release from the adjacent property owners in a form and content acceptable to the City Attorney, accepting the flow of surface waters from the subdivision onto and over that property, or the detention and ponding of surface waters upon that property, without liability by the City for damages occurring there-from. Such releases shall be obtained

from all property owners between the boundaries of the subdivision and the point at which the surface waters will enter a natural water course having definable bed and banks or an existing adequate storm drainage facility, or

b.

The subdivider shall deposit with the City a copy of a duly recorded grant of a drainage easement to the City from the property owner(s). Such a grant deed shall be obtained from all property owners between the boundaries of the subdivision and the point at which the surface waters will be discharged into a natural watercourse or an existing adequate storm drainage facility, or the area upon which surface waters will be detained and ponded, or

c.

The subdivider shall present written evidence which proves to the satisfaction of the City that it is not feasible to obtain by negotiation from the property owner(s) either a drainage release or a grant of drainage easement. The City may then authorize the subdivider to institute condemnation proceedings to obtain the easement, or

d.

Whenever it shall appear to the subdivider that those heretofore mentioned matters relating to the acquisition of drainage releases and easements, and/or the institution of condemnation proceedings, may be more expeditiously administered by the City of Clayton, the subdivider may request that the City Council assume the responsibility for proceedings with said matters. The Council, upon such terms and conditions as they specify, may authorize City staff to act on behalf of the subdivider in complying.

4.

Whenever surface waters flowing to or onto the subdivision in any form or manner will be detained or ponded on adjacent property(s) as a result of improvements constructed by the subdivider, the subdivider shall comply with either Section V. 3. a., b., c. or d. prior to the filing of the final map.

5.

Runoff quantities shall be determined by the rational method using basic data supplies by the Flood Control District for the frequency of the average recurrence interval stipulated herein.

6.

Drainage facilities directly affecting the subdivision shall have the following minimum capacities:

a.

All building pads shall be constructed above the flood plain produced by one hundred (100) year storm.

b.

Major drainage channels and conduits shall have sufficient capacity to contain a fifty (50) year frequency of average recurrence interval runoff.

c.

Secondary drainage channels and conduits shall have sufficient capacity to contain a twenty-five (25) year frequency of average recurrence interval runoff.

d.

Minor drainage facilities, channels and conduits shall have sufficient capacity to contain a ten (10) year frequency of average recurrence interval runoff.

e.

Waters within the street areas shall be placed in closed conduits when the maximum depth of computed flow encroaches into a travel lane (including bike lanes) or creates a traffic hazard or endangers property.

W.

Culverts, Gutters, Roadside Ditches and Appurtenances in Public Rights-of-Way.

1.

Culverts under driveway entrances for roadside ditches shall be adequate to carry the design flow, but shall not be less than twelve (12) inches inside diameter.

2.

Culverts crossing the street shall be of a size adequate to carry the design flow, but shall not be smaller than fifteen (15) inches, inside diameter.

3.

Culverts for use outside the roadway may be of any approved type and strength to meet field conditions.

4.

Roadside ditch sections shall be subject to the approval of the City Engineer as to shape, size, gradient, lining, and location within the road right-of-way.

5.

Roadside ditches and gutters shall be provided to carry the drainage from the road and tributary lands without damage to the roadbed or abutting property.

6.

The maximum gradient for earth ditches shall not exceed four percent (4%), nor less than one percent (1%). The minimum gradient for lined ditches shall not be less than one percent (1%).

7.

Catch basins shall be of design approved by the City Engineer. Inlets shall be so designed that water is directed into the catch basin without a reversal of direction of the flow of the water.

8.

No concentrated flow of storm waters from a subdivision shall be charged into a roadside ditch.

9.

Open channels, conduits and appurtenances shall be designed to the following criteria:

a.

Maximum design velocities for natural or artificial earth channels shall be those specified by a soil engineer in the preliminary soil report.

b.

Minimum velocities at design capacity for earth channels shall be three (3) feet/sec.

c.

Side slopes for earth channels shall be those specified by a soil engineer, but in no instance shall side slopes be steeper than one and one-half horizontal to one vertical.

d.

Side slopes for lined channels shall be those specified by a soil engineer.

e.

Minimum flow line gradients for closed conduits shall be not less than three one-thousandth (0.003) foot/foot.

f.

Where the outlet velocity from a closed conduit or lined channel exceeds the maximum allowable velocity for earth channels, suitable protective works such as riprap or a stilling basin shall be provided.

g.

The subdivider shall within the boundaries of the subdivision, selectively clear all natural channels and watercourses of all structures, trees, brush, and debris which would interfere with or obstruct the flow of storm waters.

X.

Subdrainage. Subdrain facilities shall be provided where specified by the soil engineer controlling the work or other areas deemed necessary by the City to prevent sliding or settlement of the earth surface and facilities will be required to convey the subdrainage to an approved point of discharge.

Y.

Fire Hydrants. The subdivider shall arrange for the installation of fire hydrants at locations designated by the local fire district and shall pay all costs in connection therewith. The subdivider shall pay to the City Engineer an amount equal to two (2) years rental for fire hydrant service, which shall be forwarded through the City Finance Officer to the serving fire protection district.

Z.

Sanitary Sewers. All sewer lines shall be constructed in accordance with the requirements of the City of Concord with the review and approval of the City of Clayton's City Engineer, easements necessary for said sewer limits shall be dedicated to the City.

AA.

Driveways. An encroachment permit shall be obtained from the City before construction of any driveway in an existing street, curb and gutter, and sidewalk.

BB.

Fences.

1.

Fences shall be constructed by the subdivider where a condition hazardous to persons or property may exist. Type of fence shall be approved by the Planning Commission.

2.

Wherever a street crosses over a water course or open channel, fences shall be provided around the headwalls, end walls, and other appurtenances of bridges or drainage structures, and shall be of the type, height, and location as required by the Planning Commission.

3.

Fences may be required along the outside boundaries of all easements containing open creeks or channels having a depth of two (2) feet or more if the Planning Commission finds that a safety hazard exists. Fences shall be six (6) feet in height and provided with gates at appropriate locations, and of a type required by the Planning Commission.

4.

Any planned fence treatment along a public street, or within subdivision shall be submitted to the Planning Commission for approval of design and materials of construction along with the tentative map.

CC.

Improvement of City Streets. Frontage improvements shall be provided on all existing City streets adjacent to any subdivision to the standards required by this Division, Public Improvement City Standards Plans, and the adopted General Plan. The subdivider will be required to provide frontage improvements and pavement

widening on the side or sides of the roadway adjacent to the subdivision, including the adjustments of all existing public utilities owned and operated by public jurisdictions.

DD.

Underground Utilities.

1.

All utility distribution facilities (including, but not limited to, electric, communications and cable television lines) installed in and for the purpose of supplying service to any residential or commercial subdivision shall be placed underground.

2.

The subdivider is responsible for complying with the requirements of this Section and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. The Planning Commission may grant exceptions to these requirements if topographical, soil, or any other conditions make underground installation of said facilities unreasonable or impractical.

3.

Exceptions. This subparagraph DD. shall not apply to the following types of facilities or equipment:

a.

Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts; such equipment, however, shall be screened or landscaped as required. The Planning Commission and/or City Council, may require that all or part of such surface-mounted transformers, terminal boxes and/or meter cabinets be flush with or below the established sidewalk and/or curb grade. It shall be the responsibility of the subdivider and/or owner to screen or landscape around surface-mounted transformers as the Planning Commission and/or City Council may require as a condition of approval.

b.

Metal poles without above-ground lines used exclusively for fire and/or police alarm boxes, lighting purposes or traffic control.

c.

High voltage transmission lines transmitting electricity of fifty thousand (50,000) volts or more.

d.

Exceptions to the requirements of this subparagraph DD. may be granted by the City Council upon application of the permit applicant or a supplying utility company in cases where such undergrounding cannot be accomplished feasibly within applicable safety regulations or other law applying to the installation or in cases of unnecessary or unusual hardship. Applications for such an exception shall be filed, together with the same fee as is required by City Resolution for variance permit, with the City Engineer

on a form prescribed by him, stating why such exception should be granted. The City Engineer may require that the permittee provide, as supporting information, reports relating to technical aspects of construction or development. Such reports shall be prepared by persons who are qualified experience and/or training. The City Engineer shall then make his recommendation regarding the granting or denial of such application to the City Council. The Council may grant, with conditions, or deny the applied for exception.

e.

Exceptions to the requirements of this subparagraph DD. may also be granted by the City Engineer in cases of emergencies for the temporary installation of above ground facilities.

EE.

Street Lighting.

1.

Street lighting facilities which are provided shall be of the type and style approved by the Planning Commission.

2.

Following approval of the tentative map, the subdivider shall prepare and submit for approval, as part of the improvement plans for the subdivision, complete construction plans for street lighting improvements required by this Ordinance and Planning Commission decision thereunder showing the installations, facilities, locations, approvals and changes required hereby.

3.

The improvement plans shall show the size and location of each street light, and shall bear the written approval by the public utility which proposes to serve the street lighting system.

4.

Such street lighting shall be installed only within the right-of-way dedicated to the public and designed to be accepted for maintenance by the City.

5.

The City Engineer may require upgrading of existing or proposed lights at intersections where deemed necessary to prevent a hazard to traffic or pedestrians.

6.

Any existing street lighting within the boundary limits of the subdivision or immediately adjacent thereto shall be upgraded consistent with the City's street lighting and pole standards.

FF.

Street Lighting Standards.

1.

Whenever possible, street light poles and other street lighting facilities shall be placed on lot lines and at intersections in accordance with the minimum requirements regarding spacing and lamp size for all new street lighting to be established by the City Council on the recommendation of the City Engineer.

2.

Any underground wiring to be installed for street lighting purposes shall conform to the standards of the public utility which proposes to serve the street lighting systems.

3.

Residential and commercial street lighting poles shall be of an ornamental type acceptable to the Planning Commission and meet the current standards of the serving public utility company.

4.

All electrical equipment and installation shall conform to the applicable standards of the following, as they now exist or may hereafter be amended:

a.

Electrical Safety Orders of the Division of Industrial Safety, Department of Industrial Relations, State of California.

b.

Rules for Overhead Electric Line Construction, General Order No. 95 of the California Public Utilities Commission.

c.

Standard Specifications of the serving public utility company.

d.

Splice Boxes shall be installed immediately adjacent to all streetlights.

GG.

City Lighting District, Lighting Fee and Ownership of Lighting Facilities.

1.

Formation of a City Lighting District. Before approval of the final map of any subdivision in which the installation of street lighting facilities is required, the subdivider shall present to the City Council a petition to start proceedings and take all necessary steps to form or annex to a City Lighting District the area of the subdivision for the purpose of financing the street lighting, maintenance and replacement costs.

The petition shall be accompanied by a legal description of the exterior boundaries and map showing the boundaries of the area to be annexed with sufficient bearings and distances to correctly describe said boundary. The map shall give such supplementary information as is necessary to accurately locate the area in relation to local streets, city boundaries, or adjacent subdivision.

2.

Energizing Costs. Prior to approval of the final map, the subdivider shall deposit money with the City Engineer sufficient in amount to energize the lights shown on the street lighting part of the improvement plans for one year.

The one year lighting deposit shall be used to pay the cost of energizing the lights from the acceptance of the street and from fifty percent (50%) occupancy of the subdivision.

Any unexpected deposit shall be deposited to the credit of the lighting district formed or to the lighting district to which the subdivision was annexed.

3.

Ownership of Lighting Facilities. All street lighting systems shall be owned and operated by the service public utility company under the jurisdiction of the California Public Utilities Commission, unless other adequate arrangements are approved by the Planning Commission. Neither the City nor any City Lighting District shall be bound or obligated for the cost of procurement or erection of ornamental street lighting standards or for the cost of equipment or installation of any underground wiring system.

(Ord. 199, 1980; Ord. 325, 1996; Ord. 381, 2005)

16.20.060 - Standard Plans and Specifications.

All construction materials, method, tests and workmanship shall comply with the requirements of the City of Clayton Standard Plans and Specifications. City of Clayton Standard Plans and Specifications are incorporated into this Title by this reference and will be published separately.)

(Ord. 199, 1980; Ord. 325, 1996)

Chapter 16.30 - SCHOOL FACILITY DEDICATIONS

Sections: