Dos Palos Municipal Code Ch. 16.12 Conformance to General and

SPECIFIC PLANS AND THE ZONING ORDINANCE

Sections:

bikeways. Code of the state of California. The park and recre-

16.36.015 Park development fees. ational facilities for which dedication of land and/or 16.36.020 Park and recreation fees. payment of a fee is required by this section are in

No subdivision shall be approved unless the planning commission and council find that the proposed subdivision, together with the provisions for its design and improvements, is consistent with the general plan or any adopted specific plan. A proposed subdivision shall be consistent with a general plan or specific plan only if such plan is adopted and the proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in such a plan. (Ord. 255 (part), 1982)

No tentative map or tentative parcel map submit- ted to the city pursuant to the provisions of this title shall either be considered as filed or reviewed and acted upon by the planning commission or council until the requirements of the city's California Envi- ronmental Quality Act Guidelines have been met. (Ord. 255 (part), 1982)

Subdivision maps shall conform to the zoning ordinance of the city with respect to uses of land, lot size and dimensions, and other applicable regula- tions provided, however, that wher! this title impos- es higher standards, the requirements of this title shall prevail. When a proposed use or development of land requires a zoning reclassification, conditional use permit, or variance, the application therefore shall be considered prior to or concurrently with the tentative map or the tentative parcel map. (Ord. 255 (part), 1982)

(Dos Palos 9-98) 240-10

16.16.010

Chapter 16.16 map if it finds that alternate easements for access or
for use will be provided and that these will be sub-
MAPS-GENERALLY stantially equivalent to ones previously acquired by
the public. (Ord. 255 (part), 1982)

until all of the fees and charges required by the city

as pertains to the subdivision of land have been

paid, the requirements of the city's California Envi-

Pursuant to the provisions of the Subdivision Map ronmental Quality Act Guidelines have been Act, the city engineer and director of public works completed, and all applicable requirements of this shall make such detailed examination of tentative title have been fulfilled or an application for or and final maps and tentative parcel maps and parcel exception for appropriate zoning has been filed for maps and such field check, if any, as may be neces- concurrent consideration. sary to enable them to make the required certifica- A final map or parcel map shall not be consid- tions. (Ord. 255 (part), I 982) ered as filed until all fees, bonds, and deposits then due have been made, all corrections have been made

The city council may deny a tentative or final public works to the maps and improvement plans, map or a tentative parcel map if the proposed use if any, and the property has been annexed to the city is prohibited by any ordinance, statute, law, or other and to any service areas or districts other than the regulation, and shall deny a map if it makes any of city which are to provide necessary services. (Ord. the following findings: 255 (part), 1982) A. That the proposed subdivision is not consis- tent with applicable general and specific plans; B. That the design or improvement of the pro- posed subdivision is not consistent with applicable general and specific plans; C. That the site is not physically suitable for the type of development; D. That the site is not physically suitable for the proposed density of development; E. That the design of the subdivision or the proposed improvements are likely to cause substan- tial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; F. That the design of the subdivision or the type of improvements is likely to cause serious public health problems; G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the city council may approve a

240-11 (Dos Palos 9-98)

16.20.010

Chapter 16.20

PlIBLIMINARY MAPS

Prior to the filing of a tentative map or tentative parcel map, a subdivider may submit preliminary maps, plans and other information concerning a proposed or contemplated development to the secre- tary of the planning commission. Within thirty days the secretary of the planning commission shall hold a conference with the subdivider and make recommendations as shall seem proper. The secre- tary of the planning commission shall recommend consultation by the subdivider with the appropriate public or private agencies. AU such recommen~ations are preliminary only and shall not be binding upon the city in any man- ner. This .is an optional procedure which may be elected by the subdivider and is not required by the ordinance codified herein. (Ord. 255 (part), 1982)

(Dos Palos 9·98) 240-12

16.24.010

Chapter 16.24 16.24.020 Reviewing.
Prior to filing of a tentative map, the subdivider
TENTATIVE MAPS shall submit the tentative map and the subdivider' s
statement, and any other information that the subdi-

Sections: vider deems necessary to sufficiently describe the

16.24,020 Reviewing. ning commission for examination as to conformity

Where discrepancies

map. exist, the secretary of the planning commission may 16.24,040 Scale. return the map to the subdivider for correction,

and recommendation. Revised and alternate tentative maps shall contain

" after

and report. the tentative tract number. (Ord. 255 (part), 1982)

commission. Tentative maps shall be to a scale of one inch

council. of two and one-half acres or greater may use a scale

proceedings. The city engineer or the director of public works may require a scale of one inch equals one hundred

A. Any person desiring to subdivide land in the (part), 1982) city shall first submit to the secretary of the plan- ning commission ten copies of the tentative map and 16.24.050 Contents. the subdivider' s statement: The tentative map shall show and contain the B. Optional alternative tentative maps may be following information: filed at the same time. Each filing or each alterna- A. The tract number and name if any; tive tentative map shall constitute a separate action. B. Date of preparation, north point, and scale; A filing fee as set forth in Section 16.48.010 of this C. Name, address and telephone number of the title shall be required for each tentative map filed. subdivider; the record owner, and the person or In the event that a new tentative map is filed or an persons preparing the map; approved tentative map is revised and subsequently D. A sufficient legal description of the land to approved by the city, the most recently approved define the boundaries of the proposed tract; tentative map shall constitute the only recognized E. A site location map where necessary to locate tentative map in the consideration of the final map. the tract; (Ord. 255 (part), 1982) F. Approximate ties to section comer or other known point;

240-13 (Dos Palos 9-98)

16.24.050

G. The boundary lines of the subdivision to be T. Approximate location of all areas subject to shown as required on the final map; inundation or storm water overflow, and the loca- H. The approximate layout, dimensions, and tions, widths, and direction of flow of all water- numbers of lots; courses; I. Approximate acreage of the subdivision; U. Proposed surface water drainage flow; J. Ownership division Jines of abutting proper- V. Elevation of existing sewer lines at points of ties as shown on the latest assessor's parcel map and proposed connection; tract number and name, if any, of adjoining subdivi- W. The source of water supply and the lot to be sions; used for the community water supply, if any; K. Identification of lots in the proposed X. Proposed phasing of development. (Ord. 255 subdivi_sion as to the existing and proposed use. If (part), 1982) property .is· to be used for more than one puxpose, the area, lot or lots proposed for each type of use 16.24.060 Subdivider's statement. shall be shown. Identification of proposed public A subdivider' s statement shall accompany the uses, if any; tentative map on a form provided by the secretary L. The approximate location of trees and the of the planning commission, and shall contain the location and outline to scale of buildings and struc- following: tures and a description of their proposed disposition; A. Total acreage of the tract, total number oflots M. The locations, names, and existing right0of- in the tract, and the minimum lot size (in square feet way widths of all adjoining highways, roads, and where less than an acre); alleys. The centerline and gutterline elevations of B. The existing and proposed use of the proper- the adjoining streets shall be shown at every change ty; in grade; C. The existing and proposed zoning on the N. The location, widths, and approximate gradi- property; ents of all highways, roads, and alleys proposed D. Existing structures on the property; within the tract; E. Existing easements on the property; 0. • Each road shown by its actual name or by a F. Statement regarding improvements with rea- temporary name or letter for puxposes of identifica- sons for any modifications or exceptions to the tion until the proper name of such road is deter- provisions of this title;' mined; G. Statement regarding type of street trees to be P. The approximate radii of all curves; planted, with intervals of spacing; Q. Location of marginal or dividing strips, if H. Proposed drainage, flood control measures, any; and method of storm water disposal; R. The widths and approximate locations of all I. Provisions for proposed fire hydrants, the pro- existing or proposed easements or right-of-way posed source of water supply and the location and within the subdivision or along its boundaries, nature of sewage disposal facilities; whether public or private, for roads, railroads, drain- , J. Statement regarding other public utilities and age, storm water, irrigation canals, sewers, or public services; utility puxposes; K. Statement regarding restrictive covenants; S. Accurate contours shall be shown drawn to L. Statement regarding whether the subdivider intervals prescribed in the city standards adopted by intends to file multiple final maps on the tentative tbe city council. Said contours shall be extended map; into adjacent property a sufficient distance to estab- M. Name, address, phone number, and signature lish proper topographical relationships; of the subdivider, owner, agent, and engineer;

(Dos Palos 9-98) 240-14

16.24.060

N. Certification by the owner that he is the own- 16.24.100 Planning commission hearing and
er of the property, on the map as proposed for sub- recommendation.
division, has examined the map, and consents to its A. Within fifty days of the filing of a tentative
submission; map with the secretary of the planning commission;
0. A preliminary title report describing the status the planning commission shall hold a public hearing
of all interests in the parcel to be divided. (Ord. 255 on said tentative map and, following the public
(part)t 1982) hearing, take action by written resolution to
recommend to the city council to approve, condi-

A. Before filing a tentative map. the subdivider B. Notices of the time and place of any public or his authorized agent shall obtain from the Merced hearing on a tentative map; including a general County recorder the assignment of a number for the explanation of the tentative map and the area af- tract to be subdivided. These numbers shall be fected by it, shall be given by the planning com- assigned in consecutive _order. mission or its secretary at least ten calendar days be- B. When a tract number has been assigned, the fore the hearing in the following manner: subdivider sh.all place the same upon each sheet of 1. The notice shall be published at least once in the tentative and final map of the subdivision. and a newspaper of general circulation, published and the numl:>er shall not thereafter be changed or altered circulated in the city. in any manner upon the tentative and final map of 2. • The notice shall be given by mail or delivery the subdivision unless and until a new number has to all persons including businesses, co:q,orations, or been assigned in the manner provided above. (Ord. other public or private entities, shown on the latest 255 (part), 1982) equalized assessment roll as owning real property within three hundred feet of the property, which is

Copies of the tentative map shall be submitted by 3. The notice shall be given by mail or delivery the secretaty of the planning commission to all to all persons, including businesses, corporations, or review agencies for their review and report (said other public or private entities, who have in writing review agencies shall be designated by a resolution requested said notice from the secretary of the plan- of the city _council). (Ord. 255 (part), 1982) ning commission or whose property rights, in the judgement of the planning commission or its secre-

The city manager, director of public works and as a result of a decision on a tentative map. city engineer shall be deemed to be and are empow- C. The following rules shall govern the conduct ered to act as the subdivision review committee. The of public hearings held pursuant to this section: committee shall meet and shall fonnulate recom- 1. Public hearings provided for in this section mendations and requirements on the design and· shall be held at the time and place for which such improvement of subdivisions. The subdivision re- hearings were set and notices thereof given. -view committee shall report its recommendation in 2. Any such hearing may be continued by the writing to the planning commission and city council majority of the members present at any hearing who and to the subdivider at leas~ three days prior to any may fix the time and place to which such hearing hearing or'action on a tentative map by the planning may be continued, even in the absence of a quorum, commission or city council. (Ord. 255 (part). 1982) in which case the presiding officer at such hearing shall publicly announce prior to the conclusion of the hearing, the time and place to which the hearing is to be continued and no further notice shall be

.. .., __ .... -_., 240-15 (Dos Palos 9-98)

16.24.100

required. In the absence of all of the members of the commission not later than ten days following such commission, at the time and place which such hear- decision. (Ord. 255 (part), 1982) ing was se~ it shall be deemed continued to the next regular meeting of the commission, and no further 16.24.120 Extension of time limit. notice shall be required. The time limit for acting and reporting on tenta- . 3. A majority in number of the total voting tive maps as specified in Sections 16.24.100 and membership of the commission shall constitute a 16.24.110 of this chapter may be extended by legal quorum for the purposes of conducting a hear- mutual consent of the subdivider and the planning ing. commission or city council, as the case may be. 4. The recommendation of the commission on (Ord. 255 (part), 1982) a tentative map shall be by resolution of the com- mission, carried by the affirmative votes of not less 16.24.130 Automatic approval-Planning than a majority of its total membership. A tie vote commission. shall be considered a technical denial. If no action is taken by the planning commission 5. The commission shall have the authority to to approve, conditionally approve, or disapprove a establish any reasonable rules of procedure for the tentative map within the time limits specified in conduct of such hearings. The commission may Section 16:24.100 •of this chapter or any authorized require any person who is to testify before it to be extension thereof, the tentative map as filed shall be placed under oath, in which case the member presid- deemed to be recommended for approval insofar as ing at such hearing shall be empowered to it complies with the Subdivision Map Act and all administer such oath. city ordinances and it shall be the duty of the secre- 6. The commission shall cause a written sum- tary of the planning commission to certify the mary of all pertinent testimony heard at such public recommendation of approval and to transmit the hearing, together with a record of the names and tentative map to the city council. (Ord. 255 (part), addresses of all persons testifying, to be prepared 1982) and filed with the papers relating to such matter. (Ord. 255 (part), 1982) 16.24.140 Automatic approval-City council.

report. prove, conditionally approve, or disapprove the A. The city council, at its next regular meeting tentative map within the time limits specified in following receipt of the planning commission's Section 16.24.110 of this chapter or any authorized report on a tentative map, shall fix the meeting date extension thereof, the tentative map as filed, shall at which it will hold a public hearing on the tenta- be deemed to be approved, insofar as it complies tive map. The public hearing shall be held, and a with the Subdivision Map Act and all city ordinanc- decision of the council to approve, conditionally es, and it shall be the duty of the city clerk to certi- approve, or disapprove the tentative map shall be fy such approval. (Ord. 255 (part), 1982) made within thirty days of receipt of the report of tht;, planning commission. 16.24.150 Termination or extension of B. Notice of the time and place of the city proceedings. council hearing shall be given in some manner as A. Failure to record a final map within twelve set forth in Section 16.24.100 of this chapter. months from the date of approval or conditional C. The decision of the city council on a tentative approval of the tentative map or within any exten- map shall be by written resolution, a copy of which sion of time thereof granted by the city council, shall be transmitted to subdivider and planning shall terminate all proceedings. Before a final map

(Dos Palos 9-98) 240-16

16.24.150

--..... ,_ may thereafter be recorded, a new tentative map \ shall be submitted. B. Upon application by the subdivider, filed with the city clerk prior to the expiration date of the tentative approval, an extension of not more than eighteen months may be granted by the city council. (Ord. 255 -(part), 1982)

)
240-17 (Dos Palos 9-98)

16.28.010

Chapter 16.28 be prepared and filed. The final map shall conform
to the tentative map, as approved, and shall comply
FINAL MAPS with all provisions of this title of the municipal
code.

Sections: B. The final map shall be submitted with the

geologic reports. council, and the county recorder, as required by this

acknowledgements. of the city council has been signed and acknow !-

Curve data. viewed and certified the map in accordance with the 16.28.150 ffighway, roads, and public use procedure specified in Section 16.28.040 of this areas. chapter).

units. corder, shall be secured from a title company indi-

Rejection. consent to the recordation of the map are all the

Termination and abandonment. being subdivided and whose signatures are required

3. Memorandum for the city engineer containing

A Within twelve months after the date of ap- a. The total area of the tract submitted; proval, or conditional approval, of the tentative map b. The total area in streets and the total lineal by the city council, or any extension thereof, the length of streets; subdivider may cause the subdivision or any part c. The total area in lots; thereof to be accurately surveyed and a final map to d. The total number of lots;

(Dos Palos 9-98) 240-18

16.28.020

e. The area in parks, school sites, or other lands vision. The city engineer may require additional offered for dedication or reserved for future public tests when he detennines the soil conditions within or quasi-public uses; the subdivision are so varied that additional tests f. The proposed use of the lots; will be needed. If the city engineer has knowledge g. Total areas for each of the proposed uses. of the soil qualities of the subdivision, he may 4. Two copies of the protective covenants, if waive some or all of the borings. The boJ,ings shall any, that are to be recorded shall accompany the be at least ten feet in depth. The depth of borings map. shall be adjusted to represent soil proftles after any 5. Improvement plans shall be submitted show- proposed lor grading and shall take into consider- ing all of the improvements required herein and all ation the soil embankments have been completed. others proposed to be installed by the subdivider, in, The preliminary soil report shall contain the follow- on, over or under any road, way, right-of-way, ease- ing information; ment or parcel of land dedicated by the map. 1. The maximum amount of excavation and fill 6. All notes, sheets, and drawings showing tra- to be expected; verse closure and the computation of all distances. 2. The location of foundations in relation to angles, and courses shown on the final map and ties excavations and fills; to existing and proposed monuments, and adjacent 3. The expansive qualities of the soils encoun- subdivisions· shall accompany the map, when re- tered where foundations are to be placed thereon quired by the city engineer. and shall state the percentage of swell of a soil 7. All fees ·as hereinafter specified shall be paid. section taken from arepresentative undisturbed core 8. A statement from the county tax collector sample under a load of six hundred twenty-five shall be secured showing that th~re are no liens pounds per square foot, laterally restrained, saturat- against the subdivision or any part thereof for un- ed, and allowed to swell. Jf footings are to be placed paid taxes or special assessments collected as taxes, in fills, the expansive tests shall be performed under except tax.es or special assessments not yet payable. a load of six hundred twenty-five pounds per square 9. A statement shall be secured from the county foot, laterally restrained and compacted to ninety auditor-controller giving his estimate of the amount percent of maximum density with the moisture of taxes and assessments which are a lien but which content below the shrinkage limit. The percentage are not payable. of expansion shall be recorded after twenty-four 10. All necessary agreements or contract, bonds, hours. If the swell of the sample exceeds three per- and deposits as required by _this title shall accompa- cent, it shall be presumed that the soil involved is ny the final map. (Ord. 255 (part), 1982) critically ·expansive and a soil investigation as re- quired in subsection B of this section will be re-

geologic_ reports. - 4. Recommended bearing values for the soils; A. A preliminary soil report shall be prepared by 5. Whether other soil problems exist which, if a civil engineer who is registered by the state, based not corrected. could lead to structural defects; upon test borings or excavations unless waived as 6. Copies of the test boring analysis. hereinafter provided._ Said borings or excavations B. -Soil Investigations. If the preliminary soil shall be taken at specific locations determined by report indicates the presence of critically expansive the city engineer or at random locations . if no soils, or other soils or fills would be of such depth specific iocations are established. Not less than one that foundations will not rest on original ground, a test shall be made for every forty lots or ten acres, soil investigation shall be prepared for each lot in whichever represents the lesser area, and in no case the subdivision by a civil engineer who is registered shall there be less than two borings for each subdi-

240-19 (Dos Palos 9-98)

16.28.030

by the state. The soil investigation report shall in- shall refer five copies of the map, accompanied by clude the following: the memorandum for the city engineer and one copy 1. The . physical properties of subsurface of the protective cove,nants, to the city engineer for formation; review and report. 2. The composition of subsurface soil and rock B. The director of public works shall refer all and groundwater conditions; easements for public utilities to the proper public 3. The stability of anticipated cut or fill slopes; utility for review and recommendations. 4. The general type of site grading; C. The city engineer or director of public works 5. Recommendations on corrective actions which shall check and determine the corrections of sur- are likely to prevent structural damage to each veying data, plans, profiles, and specifications of dwelling to be constructed. These recommendations improvements, certificates of dedication, acceptances may include the requirement that the corrective of dedication and acknowledgements, and such other work must be under the supervision of a registered matters as require checking to insure compliance civil engineer. with this title. The soil investigation shall be reviewed by the D. If the final map and all ac~ompanying city engineer who shall approve the investigation if materials are in the correct form prescribed by this he determines that the recommended action is likely title, and the matters shown thereon are sufficient, to prevent structural damage to each dwelling to be their corrections shall be certified on the map by the constructed director of public works by his signature within C. Waiver of Soil Report. The city engineer or twenty days of receipt. director of public .works may waive the preliminary E. The city engineer shall thereupon· transmit soil report if he has knowledge of the. soil qualities said map together with said other materials to the within the subdivision. director of public works for presentation to the city D. Approval Where Soils Problem Exists. The council. (Ord. 255 (part), 1982) city council may approve the subdivision or portion thereof where soils problems exist if it determines 16.28.050 City council action. that the recommended action is likely to prevent A. Approval of Map. structural damage to each structure to be construct- 1. The city council shall, within a period of ten ed, and as a condition to the issuance of any build- days after the filing of the final map for approval or ing permit, may require that the approved, at its next regular meeting after the meeting at recommended action be incorporated in the con- which it receives the map, whichever is later, shall struction of each structure. consider said map to determine if it is in conformity E. Notice of Soil or Geologic Report. When a with all the requirements of this title and the Subdi- soil report, a geologic report or soil and geologic vision Map Act applicable at the time of approval report have been prepared specifically for the subdi- or conditional approval of the tentative map and any vision, such fact shall be noted on the final map, rulings made thereunder, or if it does not so con- together with the date of such report or reports, the form, disapprove the map. name of the engineer making the soil report and 2. Approval by the city council shall at that time geologist making the geologic report and a include, but shall not be limited to, the acceptance statement indicating that the reports are on file for or rejection of any or all offers of dedication and public inspection with the city. (Ord. 255 (part), shall, as a condition precedent to the acceptance of 1982) any roads or easements, require that the subdivider agree to improve the roads and easements. If at the

A. Upon receipt of the final map, the city clerk alleys, or storm drainage easements are rejected, the

(Dos Palos 9-98) 240-20

16.28.050

offer of dedication shall remain open, and the city B. The size of each sheet of map shall be eigh- council may, by resolution at any later date, and teen by twenty-six inches. A line shall be drawn without further action by the subdivider, rescind its around each sheet leaving an entirely blank margin action and accept and open the streets, paths, alleys, of one inch. (Ord. 255 (part), I 982) or storm drainage easements for public use, which acceptance shall be recorded in the office of the 16.28.080 Preparation-Scale-Numbering. county recorder. The scale of the map shall be one inch equals one 3. Upon approval of the map by the city council hundred feet; except that subdivisions with lots of by resolution, a delegatee of the city shall deliver two and one-half acres or greater may use a scale the map duly certified to the county recorder for of one inch equals two hundred feet or the city engi- recordation. neer can require one inch equals fifty feet if com- B. Disapproval of Map. plexity of detail so warrants. I. If the city council detennines either that the When the final map consists of more than two map is not in conformity with the requirement set sheets, a key map drawn to a scale of one inch forth in this title, or the approved tentative map, or equals one thousand feet, shall be placed on sheet that the proposed improvements do not meet city number one indicating the relationship among all improvement standards, the city council shall by sheets. resolution disapprove such final map, specifying its The particular number of each sheet and the total reason or reasons therefore, and the director of number of sheets comprising the map shall be stated public works shall, in writing, advise the subdivider on each of the sheets and its relation to each adjoin- of such disapproval and said reason or reasons. ing sheet be clearly shown. (Ord. 255 (part), 1982) 2. The subdivider may file a new final map with the city, altered to conform to all the requirements 16.28.090 Title. of this title. (Ord. 255 (part), 1982) The title of each fmal map shall consist of a tract number conspicuously displayed at the top of the

The final map shall be prepared by or under the sheets" (showing the number thereof followed by direction of a registered civil engineer or licensed the words "In the City of Dos Palos." (Ord. 255 surveyor. All data, profiles, and other engineering (part), 1982) drawings submitted with the final map shall be prepared and signed by a registered civil engineer. 16.28.100 Property description. (Ord. 255 (part), 1982) Below the title shall appear a description of all the property being subdivided, by reference to such

•A. The final map shall be legibly drawn, printed previously recorded or filed in the county recorder's or reproduced by a process guaranteeing a office or previous! y filed with the county recorder permanent record in black on tracing cloth or poly- pursuant to a final judgement in any action in parti- ester base film, including affidavits, certificates and tiou, or previously filed in the office of the county acknowledgements, except that such affidavits, recorder under authority of Chapter 3, Part 2 of certificates, and acknowledgements may be legibly Division 4 of the Business and Professions Code, or stamped or printed upon the map with opaque ink. by reference to the plat of any United States survey. Signatures shall be in opaque black ink. If ink is Each reference, in such description, to any tract used on polyester based film, the ink surface shall or subdivision shall be spelled out and worded iden- be coated with a suitable substance to assure perma- tically with the original records and must show a nent legibility. complete reference to the book and page of records

240-21 (Dos Palos 9-98)

16.28.100

of the county recorder. The description shall also in- number following the number of the last lot of the clude reference to any abandonment with the date, previously recorded adjoining subdivision. book and page of records of the county recorder. C. Area Designation. Each lot containing an area (Ord. 255 {part), 1982) of one acre or more shall have designated thereon the net acreage of such lot shown not less accurately

The boundary line of a subdivision shall be indi- 255 (part), I 982) cated on the final map by approximately one six- teenth inch wide border outside such boundary line 16.28.140 Bearings-Length of lines-Curve and shall not obliterate. any line, figure, or other data data. appearing on the map. A. The bearings and length of each lot line, All lines shown on the map which do not consti- block, and boundary line shall be shown on the final tute a part of the subdivision itself shall be clearly map, provided that, when bearings or lengths may distinguishable from those lines which are a part of be omitted from each interior parallel lot line of the subdivision. (Ord. 255 (part), 1982) such series. Each required bearing and length shall be shown in full and no ditto mark or other designa-

acknowledgements. B. The length, the radius, the total central angle Certificates and acknowledgements as are re- of each curve, and the central angle and length of quired by this title and the Subdivision Map Act each segment within each lot shall be shown there- shall appear on the title sheet of the final map, on. unless their omission is permitted in the manner C. The distances and bearings on the side lines provided by the Subdivision Map Act. of lots which are cut by easements shal1 be so When a soil report has been prepared, this fact arrowed or shown as to indicate clearly the actual shall be noted on the final map as specified in Sec- length of each lot line. (Ord. 255 (part), 1982) tion 66434(t) of the Subdivision Map Act. (Ord. 255 (part), 1982) 16.28.150 Highway, roads, and public use areas.

A lot shall be shown in its entirety on one sheet: 1. For each highway and road, the following A. Designation. The final map shall particularly shall be shown: define, delineate, and designate all lots intended to a. Width of existing right-of-way; be reserved for private purposes, all parcels offered b. Width of portion to be dedicated, if any; for dedication for any purpose and any private c. Centerline with right-of-way width on each roads, with all dimensions, boundaries, and courses side; clearly shown and defined in every case. Parcels, d. Centerline data, as follows: alleys, pedestrian walkways or easements shall be i. Distance between centerlines of streets and designated by number. points of tangency, B. Lot numbers. The lots shall be numbered ii. Length of each tangent, consecutively beginning with the numerical "I" and iii. Radius, shall continue without omission or duplication iv. Central angle, throughout the entire tract, except that, the director v. Length of each curve. of public works may require that lot numbering for 2. For each alley and pedestrian walkway, the adjoining tracts having similar names begin with the following shall be shown: a. Total right-of-way;

(Dos Palos 9-98) 240-22

16.28.150

b. Bearings and distances as needed. private road shall be intended to serve a lot or lots, 3. For each water lot and other parcel offered each consisting of less than twenty acres, that road for public or private use, the following shall be shall be offered for dedication for public use but shown: rejected at the time of the approval of the final map, a. The intended use; (Ord. 255 (part), 1982) b. Dimensions of parcel (with bearings and dis- tances as needed). 16.28.160 Easements. B. Nonaccess Line. Nonaccess lines shall be A. Location, Width and Ties. The final map shown on the final map. The certificate shall indi- shall show the width, the sidelines or centerlines, cate therein where direct access rights are being and sufficient ties to definitely locate each easement relinquished. to which the lots in the subdivision are subject. If C. Road Names. Each road shown on the fmal the location of such easement cannot be definitely map shall have a name. The road name shall be determined, a statement shall be placed on the map subject to approval by the city council. acknowledging the existence of such easement. Where a road within the subdivision coincides B. Designation, Notes, and Figures. Each ease- with an alignment for which the city council has ment shown for any canal, ditch, storm drain, sewer, previously designated a street name, the same street utility shall be designated by a fine dashed line and name shall be shown on the final map. clearly labeled and certified with all notes and fig- Each road which is to be dedicated, which is a ures pertaining thereto subordinate in form and continuation of, or approximately the continuation appearance to those relating to the subdivision itself. of any existing dedicated road or way, shall be If the easement is of record, the record reference given the same name as such existing road. shall be shown. The words "avenue," ''boulevard," "place," or C. Dedication. If an easement is being dedicated other designation of any such road or way shall be by a final map, it shall be properly set out in the spelled out in full on the final map and have a prop- owner's certificate of dedication on the map. (Ord. er indication of North, South, East, or West as a 255 (part), 1982) prefix thereto. D. Dedication. If a highway, road, alley, pedes- 16.28.170 County or city boundary lines. trian walkway, or other parcel intended for public Each county or city boundary line crossing or use is being dedicated by a final map, it shall be adjoining the subdivision shall be shown upon the properly designated on the map and set out in the . final map and such line shall be clearly designated owners certificate of dedication on the map. and tied in. No Jot shall be divided by a county, E. Private 'Roads. The same data shall be shown city, school, or special district boundary line. (Ord. for private roads to define their boundaries as is 255 (part), 1982) required for public roads in subsection A of this section, and also sufficient mathematical data to 16.28.180 Survey monuments. show clearly the portion of each lot within such The fmal map shall show the location and type road. Private roads shall be designated by name and of all monuments placed in accordance with Section shall have inserted within the limits thereof the 16.28.250 of this chapter. (Ord. 255 (part), 1982) words "Not a Public Road," and shall be shown on the map by heavy dashed lines. 16.28.190 Land subject to inundation. F. Private Roads-Dedication. If a road is ap- A. Flood Water. If any portion of the land within proved by the city council as a private road, it shall the subdivision shown on any final map is subject be dedicated for the private use of the lot owners to inundation or final hazard by storm waters, such which it is intended to serve. Where the approved

240-23 (Dos Palos 9~98)

16.28.190

fact and portion shall be clearly shown by a cil pursuant to Section 941 of the Streets and prominent note on each. sheet of such final map. Highways Code of the state. (Ord. 255 (part), 1982) B. Overflow or Ponding. If any portion of such land is or will be subject to periodic sheet overflow, 16.28.230 Offers of dedication-Rejection. or ponding of local or foreign storm water, the If at the time the final map is approved, any director of public works, after consulting with the streets, paths, alleys, facilities right-of-ways for local engineer, shall so inform the State Real Estate transit, and similar items, which directly benefit the Commission. residents of a subdivisfon or storm drainage ease- C. Natural Watercourses. The location of any ments are rejected, the offer 'of dedication shall watercourse, channel, stream, or creek which func- remain open and the council may by resolution at tions as a drainageway shall be shown on the final any later date, and without further action by the map. In the event said watercourses, channel, stream subdivider, rescind its action and accept and open or creek is to be relocated, only the. new location the streets, paths, alleys, and right-of-way for local need be shown on the final map. (Ord. 255 (part), transit facilities and similar items, which directly 1982) benefit the residents of a subdivision, • or storm drainage easements for public use, which acceptance

The final map shall show the tract number (and er. (Ord. 255 (part), 1982) name, if any) of abutting subdivisions. (Ord. 255 (part), 1982) 16.28.240 Offers of dedication- Termination and abandonment.

units. Section 16.28.230 of this chapter may be temiinated 'The recordation of the final map and the con- and abandoned in the same manner as prescribed for struction of subdivision improvements may be per- abandonment or vacation of streets by Part 3 (com- formed in two or more units, provided that each unit mencing with Section 8300) of Division 9 or, by must have a separate tract number and further pro- Chapter 2 (commencing with Section 940) of Divi- vided that the subdivider, at the time the tentative sion 2, of the Streets and Highways Code, whichev- map was filed with the secretary of the planning er is applicable. commission, indicated on the subdivider' s statement B. Except as provided in Section 66499 .I 6, _ that is required pursuant to Section 16.24.060 of this 66499.17 and 16499.18 of the Subdivision Map Act, title his or her intention to file multiple final maps. if a resubdivision or reversion to acreage of the tract No bonds, deposits, payments, or other security need is subsequently filed for approval, any offer of be furnished for the deferred unit or units until the dedication previously rejected shall be deemed to be final map for the deferred unit or units is submitted terminated upon the approval of the map by the to the city council within the time limits set forth in council. (Ord. 255 (part), 1982) this title for the filing of a final map. (Ord. 255 (part), 1982) 16.28.250 Survey procedures. A. Accuracy. The procedure and practice of all

Title to dedicated property shall pass upon its ration of a final map, shall conform to the accepted acceptance by the city council and recordation of the standards of the engineers profession. The accuracy final map. The responsibility for maintenance of of all boundary surveys done in connection with any improvements shall not pass to the city until the improvements have been accepted by the city coun- (Dos Palos 9-98) 240-24 u

16.28.250

subdivision shall have a precision of one in ten thousand. E. Monuments-Replacement. Before street B. Existing Centerlines. In the event the city improvements are accepted, all existing monuments engineer, the State Highway Engineer, or the county disturbed by the placement of any improvements director of public works has established the cen- shall be reset. terline of any street or alley in or adjoining a subdi- F. Bench Marl<s. Bench marks shall be set at vision, the final map shall show such centerline locations required by the city engineer. The datum together with reference to a filed book or map for the area within the city shall be based upon showing such centerline and the monuments which datum established by the United States Coast and determine its position. If determined by ties, that Geodetic Survey Sea Level Datum, 1929, as amend- fact shall be stated upon the final map. ed. C. Existing Monuments. Each final map shall G. Standard Plaque-Numbering and Location fully and clearly show and identify such monuments Information. Identification of monuments and bench or other evidence determining the boundaries of the marks shall be through the use of a standard plaque. subdivision as were found on the ground, together Descriptions of all monuments and bench marks with sufficient comers of adjoining subdivisions, by shall be furnished to the city engineer for inclusion lot and block number, tract name and place of re- in his records. cord, or by section, township, and range, or other H. California Coordinate System. All surveys re- proper designation as may be necessary to locate quired by this title, or necessary to the subdivision precisely the limits of the subdivision and to permit of land, shall conform to the California Coordinate the survey to be retracted. System when required by the city engineer. When D. New Monuments. required, each final map shall show the California 1. The location, size, and depth of all monu- Coordinate of every monument, and all California ments placed in making the survey shall be shown Coordinates shall be used and shown on all traverse and, if any were reset by ties, that fact shall be closure sheets, and others notes and ties which are shown. All monuments on the exterior boundary of required by Section 16.28.020 of this chapter. the subdivision, except those within construction I. Mathematical Accuracy. The blocks and lots zones, shall be placed prior to the approval of the of each final map or approved map or record shall final map. All interior monuments shall be set sub- have a mathematical accuracy of closure to one in sequent to the completion of the subdivision im- ten thousand. (Ord. 255 (part), 1982) provements and security shall be presented by the subdivider as provided for in Section 66496 of the Subdivision Map Act. 2. Notice of setting final monuments shall be given and payment to the engineer or surveyor for setting of final monuments shall be made as provid- ed by Section 66497 of the Subdivision Map Act. 3. Monuments shall be placed and shall be of the type specified by the city's improvement stan- dards. 4. The city• engineer may allow the use of off- set monuments, properly tied to reference monu- ments, when necessary due to terrain, waterways, or other monuments other than those specified in sub- sections (D)(I) and (2) of this section.

240-25 (Dos Palos 9-98)

16.32.010

Chapter 16.32 B. Application Form. Application for the ap-
proval of a tentative parcel map shall be made upon
PARCEL MAPS the form provided by the secretary of the planning
commission. The application shall contain the fol-

Sections: lowing information:

applicability. posed to be divided;

applicability. the applicant and owners; A. Governing Provisions. The design, improve- 7. Certification by the owner that he is the own- ment, and survey data for divisions of land requiring er of the property' on the map as proposed for subdi- parcel maps and/or tentative parcel maps, and the vision, has examined the map and consents to its procedure to be followed in securing official approv- submission; al for said' maps, shall be governed by the provi- 8. A preliminary title report describing the status sions of the Subdivision Map Act and by the provi- of all interests in the parcel to be divided shall be sions of this title. attached thereto. B. Applicability. A parcel map shall be filed and C. Tentative Map--Form and Content. A tenta- recorded for any subdivision for which a tentative tive parcel map shall be legibly drawn on reproduc- and final map is not required by the Subdivision ible material, to a scale and in a manner prescribed Map Act, except where the requirement for a parcel by the city engineer to best illustrate the proposed map is waived as provided by Section 16.32.030 of division of land. • this chapter, and except for subdivisions created by The following information shall be shown on the short term leases (terminable by either party on not map: more than thirty days notice in writing) of a portion 1. The boundary lines of the entire parcel in- of an operating right-of-way of a railroad corpora- cluding the area to be divided, with dimensions, tion defined as such by Section 230 of the Public based on existing survey data or property descrip- Utilities Code or for land conveyed to or from a tion; governmental agency, public entity, or public utility, 2. The proposed division lines with dimensions; or to a subsidiary of a public utility for conveyance 3. Identification of each parcel with a number; to such public utility for right-of-way; provided, 4. All existing buildings and structures located however, that upon a showing made to the planning within one hundred feet of all proposed boundary commission based upon substantial evidence that lines, together with their major exterior dimensions public policy necessitates such a map, this exception and the distance from said boundary lines (except shall not apply. (Ord. 255 (part), 1982) when located on the opposite side of public rights- of-way);

A. Filing. The provisions of Chapter 16.24 of tanks, and leaching fields located within one hun- this title shall govern the filing of tentative parcel dred feet of all proposed boundary lines, with the maps. distance from said boundary lines (except when

240-26

16.32.020

located on the opposite side of public rights-of- recorder to permit the retracement of boundaries for way); each parcel to be created; 6. The location and names of all abutting roads; 3. That no dedications of rights-of-way or ease- 7. The location, widths, and names of any roads ments are offered or required; proposed by the subdivider; 4. That all on-site and off-site improvements as 8. Source of data from which the map was required for parcel maps by Section 16.32.050 of drawn; this chapter have been completed; 9. Name, address, and telephone number of the 5. That all proposed division of land complies person preparing the map; with requirements as to area, design, floodwater 10. The width and location of all existing or pro- drainage control, sanitary disposal facilities, water posed easements or rights-of-way within the land supply availability, environmental protection and being divided or on its boundaries; other requirements of the Subdivision Map Act and 11. Land subject to flooding; this chapter. 12. Water courses, streams, and drainage chan- C. Waiver Certificate. The instrument evidencing nels; the city council's waiving the requirement for a 13. Such additional information as the city deems parcel map shall be known as a "waiver certificate" necessary due to unusual topography or drainage which shall be prepared by the subdivider and shall conditions. consist of the following form, matters and attach- D. Review and Approval of Tentative Parcel ments: Maps. I . A description of the boundary of the property I . The procedure for reviewing and approving proposed to be subdivided; tentative parcel maps shall be as set forth in Sec- 2. A property plat map prepared by or under the tions 16.24.080 through 16.24.150 of this title for direction of a registered civil engineer or licensed • tentative maps. (Ord. 255 (part), 1982) land surveyor and legibly drawn, printed or repro- duced by a process guaranteeing a permanent record

A. Application. A subdivider may, at the time of 3. The location of all division lines and the filing of a tentative parcel map, file a request for exterior boundary of the land included within the waiver of the requirement for a parcel map. Such a subdivision shall be indicated by distinctive lines request shall be filed with the secretary of the plan- and clearly so designated; ning commission in the form of an application 4. The map shall be signed and sealed by the therefor furnished by the city. registered civil engineer or licensed land surveyor; B. Findings Required. The city council shall 5. A certificate shall be signed and acknowl- waive the requirement for the filing of a parcel map edged by the parties having record title interest, if, after consideration of the tentative parcel map, in- consenting to the preparation and recordation of the formation submitted therewith, the report of the waiver certificate; planning commission and any such investigation as 6. The size of each sheet shall be eight and one- it may determine necessary for the purposes of half by eleven or thirteen inches. An entirely blank making its decision, it finds that all of the following margin of two inches shall be left at the top of each conditions have been met: sheet. I. That the subdivider has complied with the D. Filing of Waiver Certificate. provisions of Section 16.32.020 of this chapter; 1. The waiver certificate shall be submitted to 2. That adequate monuments exist in the field the city manager for his examination prior to filing which appear of record in the office of the county together with all necessary fees for the recordation of the waiver certificate and evidence that all fees

240-27 (Dos Palos 9·98)

16.32.030

as hereinafter required have been paid. The city application by the subdivider filed prior to the expi- manager shall examine the certificate of waiver, and ration date of the tentative parcel map, an extension if he finds the same to be substantially in the form of not more than eighteen months may be granted required by this chapter, and in conformity with the by the city council; provided, however, that no conditions imposed by the city council in connection tentative parcel map may be approved for a period with the approval of the tentative parcel map, he exceeding a total of two years. shall accept the same for filing and shall transmit C. Parcel Map Withdrawal. the same to the director of public works. 1. In the event the applicant wishes to terminate 2. Within twenty days after receiving the waiver his application prior to the recordation of the parcel certificate or within such additional time as may be map, he shall submit his request in writing to the reasonably necessary, the director of public works secretary of the planning commission. Where an in concert with the .city. engineer shall determine agreement to construct improvements has been whether the waiver certificate is technically correct executed, the city council may release the applicant and conforms with the approved tentative parcel from his agreement to improve and release to him map. If approved, he shall so certify upon the waiv- any surety bond or cash deposit which he may have er certificate. posted upon completion of necessary abandonment 3. After affixing his signature upon the waiver proceedings. certificate, the director of public works shall deliver 2. In the event the parcel map has been recorded the certificate to the city clerk who shall present the with the county recorder, a revised parcel map may certificate to the county recorder for filing. When be prepared in the manner prescribed in this ch.apter the certificate is presented to the county recorder for an original parcel map, and the revised parcel and is accepted by him, he shall file and index the map shall supercede any previous parcel map. same in the official records of the county. D. Parcel Map-Form and Content. The subdi- E. Waiver of the parcel map shall not preclude vider shall file five copies of the parcel map with the payment of fees as provided by Chapter 16.48 the city clerk not less than sixty days prior to the of this title. Said fee shall be calculated in the same date on which the map must be recorded. The for- manner as though a parcel map had been required mat and content of the final map shall be as pre- and shall be paid prior to the filing of the waiver of scribed in the following provisions and the Subdivi- certificate with the city clerk. (Ord. 255 (part), sion Map Act. 1982) 1. The parcel map shall be prepared by or under direction of a registered civil engineer or licensed

A. Map Validity. No subdivision that is gov- 2. It shall be a map legibly drawn, printed, or erned by the provisions of this section shall be reproduced by a process guaranteeing a permanent deemed valid until and unless it conforms to the record in black on· tracing cloth or polyester base applicable provision of this title, and has been so film including certificates, except that such certifi- certified by the city clerk and referred to and filed cates may be legibly stamped or printed upon the with the county recorder. map with opaque ink. If ink is used on polyester B. Proceedings Termination. Failure to file a base film, the ink surface shall be coated with a parcel map within one year after the date on which suitable substance to assure permanent legibility. the tentative parcel map is approved or conditionally 4. The scale of the map shall be one inch equals approved by the city council, or any extension fifty feet; except that subdivisions with lots of two thereof, shall terminate all proceedings. Before a and one-half acres or greater may use a scale of one parcel map thereafter be filed, a new tentative parcel inch equals one hundred feet, or the director of map shall be submitted and approved. Upon written public works or city engineer may require one inch

(Dos Pa1os 9~98) 240-28

16.32.040

equals less than fifty feet if complexity of detail so dedication for any purpose and any private roads, warrants. with all dimensions, boundaries, and courses clearly 5. When the parcel map consists of more than shown and defined in every case. Parcels offered for two sheets, a key map drawn to a scale of one inch dedication other than for roads, alleys, pedestrian equals one thousand feet shall be placed on sheet walkways, water lots, or easements shall be num- number one indicating the relationship among all bered consecutively and shall continue without sheets. The particular number of each sheet and the omission or duplication throughout the entire subdi- total number of sheets comprising the map shall be vision. Each parcel containing an area of one acre stated on each of the sheets, and its relation to each or more, excluding public easements of record, shall adjoining sheet shall be clearly shown. have designated thereon the net acreage of such lot 6. The title of each parcel map number placed shown not less accurately than to the nearest one- on the sheet followed by the words "consisting of... hundredth of an acre. sheets" (showing the number thereof) followed by 9. Certificate and acknowledgments as are re- the words "In the City of Dos Palos." There shall quired by the Subdivision Map Act shall appear on appear a description of all the property being subdi- the title sheet of the parcel map, unless their omis- vided, by reference to such map or maps of the sicin is permitted in the manner provided by the property shown thereon as previously recorded or Subdivision Map Act. filed in the county recorder's office or previously IO. A certificate, either as a separate document recorded or filed with the county recorder pursuant or a certificate on the parcel map, signed and ac- to a final judgement in any action in partition, or knowledged by all parties having any record title previously filed in the office of the county recorder interest in the real property subdivided, as specified under the authority of Chapter 3, Part 2 of Division in Section 66445 of the Subdivision Map Act, con- 4 of the Business and Professions Code, or by refer- senting to the preparation and recordation of the ence to the plat of any United States Survey. Each parcel map is required. However, with respect to a reference, in such description, to any tract or sub- division of land into four or fewer parcels, where division shall be spelled out and worded identically dedications or offers of dedications are not required, with the original records thereof and must show a the certificate shall be signed and acknowledged by complete reference to the book and page of records the subdivider only; provided, however, where a of the county recorder. The description shall also subdivider does not have a record title ownership include reference to any abandonment with the date, interest in the property to be divided, the subdivider book, and page of records of the county recorder. shall provide the city clerk with satisfactory evi- 7. The exterior boundary of the land included dence that the persons with record title ownership within the subdivision shall be indicated by distinc- have consented to the proposed division. For pur- tive line and clearly so designated. The map shall poses of this section, "record title ownership" shall show the location of each parcel and its relation to mean fee title of record unless a leasehold interest surrounding surveys. The location of any remainder is to be divided, in which case "record title owner- of the original parcel shall be shown, but need not ship" shall mean ownership of record of such lease- be shown as a matter of survey but only by refer- hold interest; "record title ownership" does not in- ence to the existing record boundaries of such re- clude ownership of mineral rights or other subsur- mainder if such remainder has a gross area of five face interests which have been severed from owner- acres or more. ship of the surface. 8. A lot shall be shown in its entirety on one 11. A certificate for the city clerk shall be re- sheet. The parcel map shall particularly define, quired where dedications are offered and shall certi- delineate, and designate all parcels intended to be fy the action of the city council to accept or reject reserved for private purposes, all parcels offered for the proposed dedications. ) 240-29 (Dos Palos 9-98)

16.32.040

12. Evidence of title, acceptable to the county re- the council, and if the same have been completed in corder, shall be secured from a title company indi- conformity with the requirements of the city council cating that, as shown by public records, the parties and applicable provisions of this title, he shall certi- whose signatures appear on the map and consent to fy such fact on the parcel map or attach a certificate the recordation of the map are all the parties having thereto so showing. If any of the improvements have a record title interest in the land being subdivided not been properly completed, he shall attach his whose signatures are required by the Subdivision report thereof to the map. Map Act. I. Completion oflmprovements or Agreements E. Survey Data Requirements For Parcel Maps. Therefor.
    1. The survey data requirements for parcel maps 1. Requirements for the construction of offsite shall be the same as the requirements prescribed for and onsite improvements shall be noticed by certifi- final subdivision maps in Sections 16.28.100 cate on the parcel map, or by separate instrument through 16.28.250 of this title. and shall be recorded on; concurrently with, or prior
    2. A parcel map may be compiled from avail- to the parcel map being filed for record. able record or filed data when sufficient survey 2. Fulfillment of such construction requirements information exists ori filed maps and when the loca- shall not be required until such time as a permit or tion of any boundary of the parcel map either by other grant of approval for development of the par- monuments or possessory lines is certain. If there is cel is issued by the city or until such time as the not sufficient survey information on filed maps and construction of such improvements is required pur- when the location of the boundary of the parcel suant to an agreement between the subdivider and maps is uncertain, a filed survey shall be made. the city, except that in the absence of such an agree- F. Examination of Parcel Map-Director of ment, the city may require fulfillment of such con- Public Works. The director of. public works shall struction requirements within a reasonable time examine the parcel map, and if he finds the same to following approval of the parcel map and prior to be substantially in the form required by this title, the issuance of a pennit or other grant of approval and in confonnity with conditions imposed by the for the development of a parcel upon a finding by city council in connection with the approval of the the city council that fulfillment of the construction tentative parcel map, he shall accept the same for requirements is necessary for reasons of (a) the filing and shall then transmit the same to the city public health and safety; or (b) the required con- engineer. struction is a necessary prerequisite to the orderly G. Examination of Parcel Map-City Engineer. development of the surrounding area. Said findings The city engineer shall examine the parcel map and and requirement shall be made at the time of ap- it shall be certified by him if he shall find that such proval of the tentative parcel map, and the require- map is substantially the same as the approved tenta- ment shall be made a condition of approval thereof. tive parcel map and that the map is technically 3. Agreements as to the time for the construc- correct and in proper form as required by this title tion of required improvements as provided above and the Subdivision Map Act. Review of the parcel may be entered into by mutual agreement of city map shall be completed by the city engineer within and the subdivider. Such agreements shall be ap- twenty days after receiving the map or within such proved by the city council at the time of approval additional time as may be reasonably necessary. of the tentative parcel map. H. Verification of Improvements. If the subdi- 4. Conditions of approval requiring improve- vider states that the required improvements, if there ments by a time specific and agreements as to the be any, or any part of them have been completed, time for the construction of required improvements they shall be inspected by the city engineer, or any shall be accompanied by security to guarantee per- other city officer designated for such purposes by formance as provided in Chapter 16.48 of this title.

(Dos Palos 9-98) 240-30

16.32.040

J. Final Certification. When the city clerk shall

find that the parcel map is substantially in the form required by this chapter, in conformity with the conditions imposed by the council in connection with the approval of the tentative parcel map, that, where required, the agreement and security respect- ing improvements have been approved and filed and that all certificates of approval herein required have been made, he shall endorse on such map the final certification thereof. K. Acceptance of Dedications. If dedications are offered or required, the city clerk shall transmit the parcel map or deeds of dedication to the council, which may accept or reject any or all offers of dedication by resolution. If the offer of dedication is shown on the parcel map, any acceptance and the date thereof shall be certified on such map by the city clerk. Dedications shall be completed prior to filing of the parcel map with the county recorder. If, at the time the final map is approved, any streets, paths, alleys, or storm drainage easements are re- jected, the offer of dedication shall remain open and the city council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, or storm drainage easements for public use, which acceptance shall be recorded in the office of the county recorder. L. Recordation of Parcel Maps. Upon final cer- tification and acceptance or rejection of dedications, the city clerk shall deliver the map to the county recorder for recordation. (Ord. 255 (part), 1982)

All divisions of land shall be designed and im- provements thereon constructed and dedications therefrom required as in the case of subdivisions as provided in this title. (Ord. 255 (part), 1982)

Fees required for the filing, or as a condition of the recordation of a final parcel map, are governed by the provisions of Chapter I 6.48 of this title. (Ord. 255 (part), 1982)

240-31 (Dos Palos 9~98)

16.36.010

Chapter 16.36 receptacles, plants, sand, shrubbery, shelters, trees
and other recreational facilities.

DEDICATIONS, FEES, REIMBURSEMENT C. The city council shall set park development AND RESERVATIONS, CERTAIN PUBLIC fees by resolution. (Ord. 325, 1994) FACILITIES

Sections: A. This section is enacted pursuant to the au-

thoroughfares. parcel map, or parcel map waiver certificate, the

reimbursement agreements. thereof, or both, at the option of the city, for park or recreational purposes at the time and according

bikeways. tion. Pedestrian walkways or bikeways may be re- C. General Standard. It is found and determined quired where needed for: that the public interest, convenience, health, welfare A. Access to schools, playgrounds or parks, and safety require that four acres of property for shopping centers, or other public areas; each seven hundred and fifty persons residing within B. Traffic safety; this city be devoted to local public park and recre- C. Access through unusually long blocks; ational purposes. D. Access to public areas shown on the approved D. Standards a.,d Formula for Dedication of general plan. Land. Dedications for bicycle paths may only be re- '1. Where a park or recreational facility has been quired for subdivisions which have one hundred lots designated in the open space or recreation elements or more on the final map. (Ord. 255 (part), 1982) of the general plan of the city, and is to be located in whole or in part within the proposed subdivision,

A. A park development fee is required for any sufficient in size and topography to serve the resi- lot or subdivision for which a park dedication of dents of the subdivision. land or payment of fee is required in accordance 2. The amount of land to be provided shall be with Section 16.36.020 of this chapter. determined pursuant to the following standards and B. A park development fee is not a park dedica- formula: tion fee. Park development fees may be used within any city-owned or city-managed park for, but not limited to: playground equipment, sports equipment, safety items, benches, bike racks, bleachers, asphalt, concrete, fencing, flagpoles, fountains, lawn, litter

(Dos Palos 9-98) 240-32

16.36.020

DENSITY FORMULA section and in an amount determined in accordance with provisions of subsection F of this section. Percentage of the Gross F. Amount of Fee in Lieu of Land Dedication. Area of the Subdivision Where a fee is required to be paid in lieu of land Net Density Per Required When Park dedication, the amount of such fee shall be in accor- Dwelling Unit Land is Dedicated dance with the following schedule: 1. For each dwelling unit intended for single 1 D.U. per acre or more ............. 0.60% family use, the sum of three hundred dollars; 1 D.U. per 1/2 to 1 acre ............. , 1.20% 2. For each dwelling unit in an apartment, du- 1 D.U. per 10,000 sq. ft. to 1/2 acre .... 1.73% plex, multiple family, condominium, cooperative or 1 D.U. per 9,000 sq. ft. to 9,999 sq. ft. . . 2.70% planned development, the sum of two hundred fifty 1 D.U. per 8,000 sq. ft. to 8,999 sq. ft. . . 3.01 % dollars; 1 D.U. per 7,000 sq. ft. to 7,999 sq. ft. . . 3.40% 3. For each stall, site or location in a 1 D.U. per 6,000 sq. ft. to 6,999 sq. ft. . . 3.90% mobilehome park or trailer park, the sum of two 10 to 19 D.U.'s per acre ............. 5.79% hundred dollars; 20 to 29 D.U.'s per acre ............. 9.30% The fee shall be paid pursuant to the provisions 30 to 39 D.U.'s per acre ............ 12.56% contained in subsection K of this section. 40 to 49 D.U.'s per acre ......... , .. 15.58% G. Subdivisions Not Within General Plan. Where 50 to 59 D.U.'s per acre ............ 18.04% the proposed subdivision lies within an area not then 60 to 69 D.U.'s per acre ............ 21.05% but to be included within the city's general plan, the 70 to 79 D.U.'s per acre ............ 23.85% subdivider shall derucate land, pay a fee in lieu 80 to 89 D.U.'s per acre ............ 25.85% thereof or both, in accordance with the adopted park 90 to 99 D.U.'s per acre ............ 28.00% and recreational principles and standards of the 100 D.U.'s per acre ............... 29.07% city's general plan and in accordance with the provi- sions of this title. E. Formula for Fees in Lieu of Land Dedication. H. Determination of Land or Fee. Whether the

1. General Formula. If there is no park or recre- city council accepts land dedication or elects to ational facility designated in the city of Dos Palos require payment of a fee in lieu thereof, or a open space or recreation elements to be located in combination of both, shall be determined by con- whole or in part within the proposed subdivision to sideration of the following: serve the immediate and future needs of the resi- 1. Recreation element of the city's general plan; dents of the subdivision, the subdivider shall, in lieu 2. Topography, geology, access and location of of dedicating land, pay a fee equal to the value of land in the subdivision available for dedication; the land prescribed for dedication in subsection D 3. Size and shape of the subdivision and land of this section or in an amount detennined in accor- available for dedication; dance with the provisions of subsection F of this 4. The feasibility of dedication; section, such fee to be used for a local park which 5. Compatibility of dedication with the city of will serve the residents of the area being subdivided. Dos Palos open space element; and

2. Fees in Lieu of Land-Fifty Parcels or Less. 6. Availability of previously acquired park prop- If the proposed subdivision contains fifty parcels or erty. less, the subdivider shall pay a fee equal to the land The determination of the city council as to value of the portion of the local park required to whether land shall be dedicated, or whether a fee serve the needs of the residents of the proposed shall be charged, or a combination thereof shall be subdivision as prescribed in subsection D of this final and conclusive.

   240-33 (Dos Palos 9-98)

16.36.020

I. Credit for Private Open Space. Where private K. Commencement of Development. At the time open space for park and recreational purposes is of approval of the final subdivision map, the city provided in a proposed subdivision and such space council shall specify how and when it will use the is to be privately owned and maintained by the land or fees or both to develop park or recreational future residents of the subdivision, partial credit, not facilities. Any fees collected under this title shall be to exceed fifty percent, may be given against the committed within five years after the payment of requirement of land dedication or payment of fees such fees or the issuance of building permits on one in lieu thereof if the city council finds that it is in half of the lots created by the subdivision, whichev- the public interest to do so and that all the following er occurs later. If such fees are not committed, they standards are met: shall be distributed and paid to the then record 1. That yards, court areas, setbacks, and other owners of the subdivision in the same proportion open areas required to be maintained by the zoning that the size of their lot bears to the total area of all and building ordinances and regulations shall not be lots within the subdivision. included in the computation of such private open L. Exemption. The provisions of this section space; and shall not apply to subdivisions containing less than 2. That the private ownership and maintenance five parcels and not used for residential purposes; of the open space is adequately provided for by provided, however, that a condition may be placed recorded written agreement, conveyance, or restric- on the approval of such parcel map that of a build- tions; and ing permit is requested for consttuction of a residen- 3. That the use of the private open space is tial. sttucture or sttuctures on one or more of the restricted for park and recreational purposes by parcels within four years, the fee may be required recorded covenant, which runs with the land in to be paid by the owner of each such parcel as a favor of the future owners· of the property and which condition to the issuance of such permit. cannot be defeated or eliminated without the consent The provisions of this section also shall not apply of the city or its successor; and to industrial subdivisions; nor to condominium pro- 4. That the proposed private open space is jects which consist of the subdivision of airspace in reasonably adaptable for use for park and recreation- • an existing apartment building which is more than al purposes, taking into consideration such factors five years old when no new dwelling units are add- as size, shape, topography, geology, access, and ed; nor to parcel maps for a subdivision containing location; and Jess than five parcels for a shopping center contain- 5. That facilities proposed for the open space are ing more than three hundred thousand square feet of in substantial accordance with the provisions of the gross leasable area and no residential development recreational element of the general plan. or uses. (Ord. 255 (part), 1982) J. Procedure. At the time of approval of the tentative subdivision map, the city council shall 16.36.030 School site dedication. determine pursuant to subsection H of this section, A. A subdivider who develops or completes the the land to be dedicated and/or fees to be paid by development of one or more school districts main- the subdivider. At the time of the filing of the final taining an elementary school may be required to subdivision map, the subdivider shall dedicate the dedicate to the school district or districts within land and/or pay the fees as previously determined which such subdivisions are to be located, such land by the city council. Open space covenants for pri- as the city council deems to be necessary for the vate park or recreational facilities shall be submitted purpose of consttucting thereon such elementary to the city prior to approval of the final sub di vision school or schools as are necessary to assure the map and shall be recorded simultaneously with the residents of the subdivision adequate public school final subdivision map. service, except that the city council shall not require

(Dos Palos 9-98) 240-34

16.36.030

the dedication of an amount of land which would 16.36.040 Reservations. make the development of the remaining land held A. The city may require that areas of real prop- by the subdivider economically unfeasible or which erty within a subdivision be reserved for parks, would exceed the amount of land ordinarily allowed recreational facilities, fire stations, police stations, under the procedures of the State Allocation Board. libraries or other public uses, subject to the follow- B. This section shall not be applicable to a sub- ing conditions: divider who has owned the land being subdivided 1. The requirement is based upon an adopted for more than ten years prior to filing of the tenta- specific plan or an adopted general plan containing tive subdivision map. a community facilities element, a recreation element, C. The requirement of dedication shall be im- and the required reservations are in accordance with posed at the time of approval of the tentative subdi- definite principles and standards contained therein; vision map by the city council. If, within thirty days 2. The reserved area is of such size and shape after the requirement of dedication is imposed by as to permit the balance of the property within the city council, the school district does not offer to which the reservation is located to develop in an enter into a binding commitment with the subdivider orderly and efficient manner; to accept the dedication, this requirement shall be 3. The amount of land reserved will not make automatically terminated. development of the remaining land held by the D. The required dedication shall be made any subdivider economically unfeasible. time before, concurrently with, or up to sixty days B. The reserved area shall conform to the adopt- after the filing of the final map for any portion of ed specific or general plan and shall be in such the subdivision. multiples of streets and parcels as to permit an E. The school district to which the property is efficient division of the reserved area in the event dedicated shall record a certificate with the county that it is not acquired within the prescribed period; recorder, containing therein all information required in such event, the subdivider shall make those by Government Code Section 66478. • • changes as are necessary to permit the reserved area F. The school district shall pay the subdivider to be developed for the intended purpose consistent any cost if it accepts the dedication, as are provided with good subdividing practices. in Section 66478 of the Government Code. C. The public agency for whose benefit an area G. In the event the school district does not re- has been reserved shall at the time of approval of quire the dedication of land for a future elementary the final map or parcel map enter into a binding school site or the subdivider cannot dedicate land agreement to acquire such reserved area within because of unavailability of land in the subdivision twenty-one years after the completion and accep- for financial feasibility, the subdivider shall pay a tance of all improvements, unless such period of fee in accordance with the following schedule: time is extended by mutual agreement. The purchase 1. For each dwelling unit intended for single price shall be the market value thereof at the time family use, the sum of five hundred dollars; of the filing of the tentative map plus the taxes 2. For each dwelling unit in an apartment, du- against such reserved area from the date of the plex, multiple family, condominium, cooperative or reservation and any . other costs incurred by the planned development the· sum of four hundred and subdivider in the maintenance of such reserved area, fifty dollars; including interest costs incurred on any loan cover- 3. For each stall, site or. location in a ing such reserved area. mobilehome park or trailer park, the sum of four D. If the public agency for whose benefit an area hundred dollars; has been reserved does not enter into such a binding This fee shall be paid consistent with Section agreement, the reservation of such area shall auto-

(Ord. 255 (part), 1982) matically terminate. (Ord. 255 (part), 1982)

240-35 (Dos Palos 9-98)

16.36.050

16.36.050 Drainage fees. 16.36.070 Supplemental improvements Prior to filing of any final map or parcel map, the reimbursement agreements. subdivider shall pay or cause to be paid any fees for A. Supplemental Improvements-Requirement defraying the actual or estimated costs of The subdivider may be required to install constructing planned drainage facilities for the improvements for the benefit of the subdivision removal of surface and storm waters from local or which may contain supplemental size, capacity, or neighborhood drainage areas or sanitary sewer facili- number for the benefit of property not within the ties for local sanitary sewer areas established pursu- subdivision as a condition precedent to the approval ant to Section 66483 of the Government Code. The of a subdivision or parcel map and thereafter to fees to be paid by the subdivider will be based on dedicate such improvements to the public, However, the city of Dos Palos master drainage plan and other the subdivider shall be reimbursed for that portion suppleme,ntal documents. (Ord. 255 (part), 1982) of the cost of such improvements equal to the differ- ence between the amount it would have cost the

thoroughfares. the provisions of Section 66485 et seq. of the Subdi- The city council may require the payment of a vision Map Act. • fee 'as .a condition of approval of a final map or as B. Supplemental Improvements'-"-Reirnbursement a condition of issuing a building permit for purposes Agreement-Funding Procedures. No charge,· area of defraying the .actual or estimated cost of con- of benefit, or local benefit district shall be estab- structing bridges over waterways, railways, or con- lished unless and until a public hearing in accor- structing major thoroughfares subject to the follow- dance with the provisions of Section 16.36.060 of ing requirements: this chapter is held thereon by the city council, and A. Fees may be required for facilities as provid- the city council finds that the fee or charge and theed by Section 66484(a) of the Subdivision Map Act area of benefit or local benefit district is reasonably () when they are identified by the circulation elements, related to the cost of such supplemental improve- transportation or flood control provisions of the Dos ments and the actual ultimate beneficiaries thereof. Palos general plan; The notice required by Section 16.36.060 of this R A public hearing shall. be held and notice chapter, shall be given to the subdivider and to shall be given as provided in Section 66484(b) of those who own property within the proposed area of the Subdivision Map Act; benefit as shown on the latest equalized assessment C. The boundaries of the area of benefit, the roll, and the potential users of the supplemental cost, and a fair method of allocation of costs to the improvements insofar as they can be ascertained at area of benefit and fee apportionment shall be deter- the time. Such notices shall be mailed by the city mined at a public hearing as provided by Section clerk at least ten days prior to the date established 66484( c) of the Subdivision Map Act; for hearing. D. Fees shall not be required unless the C. Supplemental Improvements-Drainage, Sew- requirements of Section 66484(d) and (e) have been age, Bridges and Major Thoroughfares. If the city met of the Subdivision Map Act; has adopted a local drainage or sanitary sewer plan E. Protests may be filed and proceedings shall or map as required for the imposition of fees there- be abandoned as provided in Section 66484(f) of the fore, or has established an area of benefit for bridg- Subdivision Map Act; es or major thoroughfares as provided in this title, F. All procedures for imposing and handling the city may impose a reasonable charge on property Fees shall be as provided by Section 66484 of the within the area benefitted and may provide for the Subdivision Map Act. (Ord. 255 (part), 1982) collection of said charge as set forth in this title. The city may enter into reimbursement agreements

(Dos Palos 9-98) 240-36

16.36.070

-~ with a subdivider who constructs said facilities, bridges, or thoroughfares, and the charges collected by the city therefore may be utilized to reimburse the subdivider as set forth herein. (Ord. 255 (part), 1982)

240-37 (Dos Palos 9-98)

16.40.010

Chapter 16.40 16.40.340 Improvements-Traffic and
road signs.
DESIGN AND IMPROVEMENT 16.40.350 Improvements-Out of tract.
STANDARDS 16.40.360 Improvements-Street lights.

Sections: 16.40.380 Improvements-Bike ways.

strips. 16.40.410 Improvement procedures--

lots. Road layout shall conform as follows:

16.40.290 Improvements-Sewage. each other or separated by at least one hundred 16.40.300 Improvements-Water. twenty-five feet. (Ord. 255 (part), 1982) 16.40.310 Improvements-Fire hydrants. 16.40.320 Improvements-Drainage. 16.40.030 Road design-Intersections. 16.40.330 Improvements-Abandoned The centerlines of streets shall intersect one an- wells and pipelines. other as nearly at right angles as practicable, shall not be excessively curved, and shall conform to the

(Dos Palos 9-98) 240-38

16.40.030

requirements for sign distance as provided in the 16.40.070 Road design-Cul-de-sac. standard specifications. (Ord. 255 (part), 1982) Cul-de~sac roads shall be terminated by a perma- nent tum-around as provided in the improvement

strips. hundred feet in length, measured from the centerline Access from abutting land, not part of a of the intersecting road to the end of the turn- subdivision, shall not be permitted to a dedicated around, in which case the maximum length may be part-width or dead-end road over a restricted access five hundred feet. (Ord. 255 (part), 1982) strip. A. Restricted access strips shall be provided 16.40.080 Road design-Frontage roads. along and at the end of part-width and dead-end Where lots in a subdivision front on any highway roads to separate them from abutting land not part shown on the circulation element of the general of the subdivision. plan, the city council may require the dedication and B. Said restricted access strip shall be not less improvement of a frontage road for access to those than one foot in width and shall be offered for dedi- lots. cation to the city for road purposes. Frontage road intersections which open onto any C. Said restricted access strip shall be shown on highway shown on the general plan, shall be the map .and identified as a "Restricted Access through the bulb type intersection as provided in the Strip ... " (insert, in alphabetical order, the appropriate standard specifications. (Ord. 255 (part), 1982) letter designation). (Ord. 255 (part), 1982)

The design of the subdivision shall be so that full road, an access road may be required by the city width local roads will be provided unless said re- council to connect the subdivision with a public quirement is waived in accordance with the provi- road. When required, the access road shall meet all sions of Chapter I 6.44 of this title. In no case shall requirements of this title. (Ord. 255 (part), 1982) a local street which provides for less than one park- ing lane and two travel lanes be provided. (Ord. 255 16.40.100 Future roads-Dedication. (part), 1982) Whenever the commission or the city council has determined that a particular local road is not at this

Stub roads shall be provided where necessary to the future to serve local neighborhood traffic needs, give access to or permit a satisfactory future devel- the city council may require that the location, width, opment of adjoining land. The road shall extend to and extent of such road be shown on the final map the boundary line of the property, or within one foot and offered for dedication for road purposes. (Ord. thereof where a restricted access strip is dedicated. 255 (part), 1982) Stub roads which are abutted by more than one lot on either side shall be terminated by a temporary 16.40.110 Future roads-:--State highway. tum-around. The tum-around shall conform to the If a parcel of land to be subdivided includes a standard specifications. A stub road may be ap- portion of the right-of-way for a state highway, the proved by the city council without a temporary turn- right-of-way of which has been certified by the around when the road is less than one hundred fifty California Transportation Commission, the subdivid- feet in length, or its length equals the dimensions of er shall either dedicate or withhold from the subdivi- the corner lot along the road, whichever is greater. sion all the area included in said right-of-way. (Ord. (Ord. 255 (part), 1982) 255 (part), 1982)

240-39 (Dos Palos 9-98)

16.40.120

16.40.120 Road design-Grade separation. 16.40.160 Lot design-Area and frontage. Whenever it is proposed to subdivide property A. The area and dimensions of lots shall be in abutting an approach to an existing or specific plan conformity with the zoning regulations for the zon- lined grade separation, the subdivision shall be so ing district in which the proposed subdivision is arraµged that any lot abutting such approach shall located. A larger minimum lot area may be required have suitable access elsewhere, and that the street when necessitated by topographical and geological layout adequately provides for and conforms to such consideration. approach. (Ord. 255 (part), 1982) B. All lots shall have frontage on at least one public or approved private road as required by the 16.40,130 Road design-Alleys. appropriate zoning district. The width of such A. Where Required. An alley, with adequate frontage shall not be less than that prescribed by the ingress and egress provided for truck traffic, may be zoning regulations for the zoning district in which required at the rear or side oflots where the proper- the proposed subdivision is located. (Ord. 255 (part), ty is to be used for multiple residential, commercial, 1982) or industrial use. B. Intersections. Intersecting alleys shall not be 16.40.170 Grading plan. permitted. A grading plan shall be prepared prior to the C. Width. Alleys, when required, shall be a acceptance and approval of the final subdivision minimum of twenty feet in width. (Ord. 255 (part), map. The grading plan shall depict the depth and 1982) extent of all excavations and embankments which constitute changes in original grade from that shown

A. Sewer, Gas and Water. Sewer, gas, and water grades shall conform to the datum used in the city's mains shall not be on rear or side lot easements benchmark system. (Ord. 255 (part), 1982) unless street location is found to be impracticable or uneconomical and unless specifically approved by 16.40.180 Lot design-Side line. the city council. The side line of all lots, so far as possible, shall B. Storm Drains and Flood Control. Easements be at right angles to the road which the lot faces, or for storm drains and flood control shall be provided radial or approximately radial if the road is curved. within the subdivision when deemed necessary by (Ord. 255 (part), 1982) the city council. C; Public Utilities. Easements for underground 16.40.190 Lot design-Boundary lines. electrical and telephone facilities shall be provided No lot shall be divided by the boundary line of as requested by the affected utility. (Ord. 255 (part), a county, school or special district. (Ord. 255 (part), 1982) 1982)

All easements within a subdivision shall be not Double frontage lots, other than comer lots, less than sixteen feet in width, being not less than which abut two roads and have a depth less than eight feet on each side of abutting properties. two hundred forty feet will not be approved except However, easements of a lesser width may be ap- where necessitated by topographical or other physi- proved by the city council when it has been cal conditions or where ingress and egress to and determined that the purpose of any easement may from one of the roads is prohibited by law or where be accomplished by the use of a lesser width. (Ord. 255 (part), 1982)

(Dos Palos 9-98) 240-40

16.40.200

direct access rights have been or will be waived. 16.40.240 Dedications. (Ord. 255 (part), 1982) All land shown and designated on the final map for any public use shall be offered for dedication. 16A0.210 Block design-Length. (Ord. 255 (part), 1982) Blocks shall not exceed one thousand three hun- dred twenty feet in length between road centerlines, 16.40.250 Improvements-Required. except where topographical or other conditions As a condition precedent to acceptance and ap- require longer blocks. (Ord. 255 (part), 1982) proval of the final map or parcel map, the subdivid- er shall make, or agree to make, the minimum im- 16A0.220 Watercourses. provements as set out in Section 16.40.260 of this Where a subdivision or any part thereof is chapter and in accordance with the standard specifi- traversed by any watercourse, channel, stream, cations. Additional improvements may be required creek, or canal, the subdivider shall, subject to ripar- if deemed by the city council to be necessary for the ian rights, indicate the physical limits thereof. (Ord. general use of the lot owners in the subdivision and 255 (part), 1982) local neighborhood traffic and drainage needs. Such improvements shall conform to the standard speci-

A. Land subject to flooding and land deemed by the city engineer to be uninhabitable shall not be 16.40.260 Improvements-Streets. platted for residential occupancy, nor for such other A. Public Roads or Private Roads. All roads uses as may endanger health, life, or property, or dedicated for public use approved private roads shall aggravate the flood hazard; and shall be shown on be improved in accordance with the standard speci- the map as subject to inundation or otherwise unin- fications. habitable. B. Previously Dedicated Rights-of-Way. The city B. Such land may be filled or otherwise council may require the subdivider to improve pre- improved in a manner and to a degree approved by viously dedicated roads, public ways, or easements the city engineer so it is no longer subject to the to the degree required by subsection· A of this sec- restrictions of this subsection. The required improve- tion. When so required by the city council, im- ments shall be completed or agreed to be completed provements shall conform to the standard specifica- by secured agreement pursuant to Section 16.40.400 tions. (Ord. 255 (part), 1982) of this chapter prior to the approval of the final map. 16.40.270 Improvements-Sidewalks. C. Lands included within areas designated by the Sidewalks shall be installed in accordance with Federal Flood Insurance Administration as flood the standard specifications. (Ord. 255 (part), I 982) prone areas or shown on maps supplied by the U.S. Department of Agriculture, Soil Conservation Ser- 16A0.280 Improvements-Walls. vice, or the U.S. Corps of Engineers as being within When the rear or side of any lot abuts an express- flood prone areas, shall not be divided until a plan way, arterial, or collector street shown on the gen- provided by the subdivider is approved by the city eral plan, and access to such highway has been engineer showing how all development within the relinquished, a wall may be required to be erected subdivision will be flood-proofed in a manner which along the abutting lot line in accordance with the will not adversely affect surrounding properties. standard specifications. (Ord. 255 (part), 1982) (Ord. 255 (part), 1982)

Sanitary sewer lines and appurtenances shall be

240-41 (Dos Palos 9~98)

16.40.290

installed and connections made to the existing sys- latory signs, markers, barricades, and other safety tem in accordance with requirements established by and public convenience facilities shall be installed the city engineer. (Ord. 255 (part), 1982) in accordance with the improvement standards and specifications established therefor by the city. The

A. All lots within an approved subdivision shall for the furnishing and installation of certain of the be served by connection to the city water system. above facilities. (Ord. 255 (part), 1982) The method of connection with the water system, and design of the water system within the subdivi- 16.40.350 Improvements-Out of tract. sion shall be subject to the approval of the city engi- All improvements lying outside of the tract, and neer. necessary for the general use of the lot owners in B. Whenever a well and tank site is to be locat- the subdivision and local neighborhood traffic and ed within a subdivision in conjunction with the city drainage needs, shall conform to the improvement water system, the well site and its access right-of- standards. (Ord. 255 (part), 1982) way shall be shown on the tentative and final maps and be designated for such use. When the well site 16.40.360 Improvements-Street lights. or other system facilities are to be located outside Street lights shall be installed in accordance with the subdivision boundaries, easements shall be the standard specifications. (Ord. 255 (part), 1982) conveyed to the city prior to the recordation of the final map. (Ord. 255 (part), 1982) 16.40.370 Improvements-Utilities. All utilities shall be placed underground, in ac-

Fire hydrants shall be installed in accordance with cerned, in either city street easements or appropriate the standard specifications. (Ord. 255 (part), 1982) utility easements. When utilities are installed in city 0 street easements, they shall be laid subject to the

The subdivider shall install drainage facilities to adequately remove surface and storm waters from 16.40.380 Improvements-Bike ways. the subdivision. When so required, installation shall All bike ways dedicated for public use or ap- conform to the standard specifications. (Ord. 255 proved private use shall be improved in accordance (part), 1982) with the standard specifications. (Ord. 255 (part), 1982)

and pipelines. 16.40.390 Improvement procedures- Any abandoned well, existing well, or any irriga- Agreements. tion pipelines which are abandoned, or to be aban- A. Where the required improvements are not doned shall be removed, destroyed, or completely completed before a final map is approved or where filled by the subdivider, within the tract, in a man- the installation of improvements has been mutually ner approved by the city engineer as part of the agreed upon or required to be installed by a time subdivision improvements. (Ord. 255 (part), 1982) specific as a condition precedent to the approval of a parcel map, the subdivider shall enter into an

signs. of the final map or parcel map to either complete Necessary street name signs, warning signs, regu- the work or initiate and consummate proceedings under an appropriate special assessment act for the

(Dos Palos 9-98) 240-42

16.40.390

financing and improvement thereof. Such agreement shall be prepared and signed by a registered civil shall provide for the following: engineer.

1. Time limit for completion of required B. During construction of the improvements, this improvements; civil engineer shall be available for consultation on
2. Procedures for making changes or alterations the general supervision of the various phases of the that become necessary during the performance of the construction operation. He shall also be responsible work; for providing construction engineering and survey-
3. A requirement for maintenance for a period ing to enable the work covered by the improvement of one year after the completion and acceptance plans to be completed. (Ord. 255 (part), 1982) thereof against any defective work or labor done, or defective materials furnished for those portions of 16.40.410 Improvement procedures-- the work which contain earth excavations or em- Installations. bankments in excess of eight feet; All underground utilities required by the final
4. A requirement for maintenance for a period map approval to be installed below the surface of one year after the completion and acceptance improvement in public roads or alleys or easements thereof against any defective work or labor do.ne, or shall be constructed prior to the installation of any defective materials furnished in the performance of surface improvements. (Ord. 255 (part), 1982) the agreement with the council or the performance of the act. 16.40.420 Improvement procedures--In- B. At the request of the subdivider, the city spections and acceptance, council may renew this agreement at the expiration All required improvements shall be constructed of this time. Such agreements shall provide for the under the inspection of the city engineer and shall release of the required improvement security when be subject to approval and acceptance by resolution the conditions of the agreement are completed. of the city council. The cost of all inspections shall C. To assure the city that this work will be com- be paid by the subdivider as provided in Section pleted; improvement security shall be provided 16.48.020 of this title. (Ord. 255 (part), 1982) subject to Section 16.48.050 of this title. D. Assessment District Method. Where a special 16.40.430 Private improvement!I-- assessment district is formed for the purpose of Maintenance of private roads. • financing and constructing the designated improve- Prior to the· recordation of the final map of a ments, the original improvement security may be subdivision containing any improved private roads, reduced in an amount not to exceed ninety percent the subdivider shall have provided for their of the contract amount thereof at such time as the maintenance the formation of a permanent road contract for the work is executed. (Ord. 255 (part), district formed in the manner set forth by Section

1982. 1020 of the Streets and Highways Code. The city council may waive this requirement when it finds

submittal. public interest, in which event the city council may A. Where improvements are proposed or are impose such other provisions for maintenance which required by the provisions of this title, improvement it deems appropriate. (Ord. 255 (part), 1982) plans shalf be submitted to the city engineer for his review and approval. The improvement plans shall 16.40.440 Provision for future passive or show full details of the improvements as required by natural heating or cooling the improvement standards. The improvement plans opportunities. The design of a subdivision for which a tentative

240-43 (Dos Palos 9-98)

16.40.440

map is required pursuant to this title shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Examples of passive or natural heating opportuni- ties in subdivision design, include design of lot and configuration to permit orientation of.a structure in an east"west alignment for southern exposure. Example of passive or natural cooling opportuni- ties in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes. In providing for future passive or natural heating or cooling opportunities in the design of a subdivi- sion, consideration shall be given to local climate, to contour, to configuration of the parcel to be di- vided, and to other design and improvement require- ments, and such provision shall not result in reduc- ing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed. The requirements of this section do not apply to condominium projects which consist of the subdivi- sion of airspace in an existing building when no new structures are added. For the purposes of this section, "feasible" means capable of being accomplished in a successful man- ner within a reasonable period oLtime, taking into account economic, environmental; social and tech- nological factors. (Ord. 255 (part), 1982)

240-44

16.44.010

Chapter 16.44 C. That the granting of the exception will not be
detrimental to the public safety, health, and welfare;
EXCEPTIONS D. That the granting of the exception will not be
injurious to or prevent the logical development of

Sections: other property in the immediate area. (Ord. 255

parcel map, may recommend such conditions as may

The city council may, upon the petition of a the objectives of this title, protecting the public subdivider or upon their own motion, authorize health, safety, and welfare. (Ord. 255 (part), 1982) modifications of requirements and improvement standards as set forth in this title, whenever the land 16.44.050 City council decision. involved in a subdivision is: The city council shall consider and render its A. Of such size or shape; or decision on the exception concurrently with its B. Subject to such title limitations of record; or review and decision on the tentative map or tenta- C. Affected by such topographical location or tive parcel map. The council, in granting an excep- conditions; or tion, may establish such conditions as may be neces- D. To be devoted to such usage that full confor- sary to secure substantial compliance with the objec- mity to the provisions of sections of this title are tives of this title, protecting the public health, safety, impossible or impractical. (Ord. 255 (part), 1982) and welfare. (Ord. 255 (part), 1982)

The application for any exception shall be by petition filed with the secretary of the planning commission at the time the tentative map or tenta- tive parcel map is presented to the planning com- mission. (Ord. 255 (part), 1982)

16M.030 Factual data required. In order for the property referred to in the peti- tion to come within the provisions of this section, it is necessary for the commission and the city council to find that all the following conditions exist: A. That there are exceptional circumstances or conditions that affect said property or the reasonable use thereof; B. That the exception is necessary to preserve a substantial property right and permit the enjoyment thereof;

240-45 (Dos Palos 9-98)

16.48.010

Chapter 16.48 C. The city council may retain qualified consult-
ing engineers for the performance of any part of the
FEES, BONDS AND DEPOSITS inspection services.
D. In the event the city council permits the re-

Sections: quired improvements to be financed by a proceed-

security. amount of the fees required by this section to the

security. provement construction are available in the moneys

failure-Procedure. (Ord. 255 (part), 1982)

Release. Fees, as provided by Section 27361 and 27372 of the Government Code, shall be paid to the city clerk

Filing fees as established by resolution of the city parcel map, or certificate of waiver. (Ord. 255 council shall be paid at the time of filing of snbdi- (part), 1982) vision maps and parcel niap waiver certificates. No refund of filing fee shall be made for any map or 16.48.040 Security. portion thereof deleted, withdrawn, or abandoned. Agreements and requirements referred to in Sec- (Ord. 255 (part), 1982) tions 16.32.0401 and 16.40.390 of this title shall be accompanied by security to guarantee performance

A. The subdivider shall pay a fee as established A. Improvement security in the amount of one by the city council resolution for checking the im- hundred percent of the total estimated cost of all provement plans and inspecting all proposed im- required work as indicated in the agreement or provements controlled by the city prior to the sub- requirements for the purpose of securing the perfor- mission of the final map to the city conncil. mance of said work; B. The fees established by this section shall be B. Improvement security in the amount of one based on reasonable improvement cost estimates hundred percent of the estimated cost of all required made by the director of public works in concert with work to secure payment to the contractor, his sub- the city engineer. No adjustment in or refund of contractors, and to persons renting equipment or such fees shall be made once the fees have been furnishing labor or materials for such improvements; paid; except when a final map is withdrawn, or a C. Improvement security to secure the mainte- reversion to acreage map is recorded, the unexpend- nance for a period of one year after the completion ed portion of the required fee may be refunded upon and acceptance thereof against any defective materi- written request made by the subdivider to the city als furnished, in the performance of the agreement council. with the council or the performance of the act. Said security shall not exceed an amount equal to twenty percent of the estimated cost of furnishing and in-

(Dos Palos 9-98) 240-46

16.48.040

stalling said facilities. This security shall be in addi- the city council finds that it would not be in the tion to any warranty required of the manufacturer; public interest to require the installation of the re- D. Improvement security to secure the mainte- quired improvement sooner than two years after the nance of a private road for a period of one year recordation of the map. (Ord. 255 (part), 1982) after the acceptance thereof against any defective work or labor done or defective material furnished 16.48.055 Subdivision improvement in the construction of the private work which securi- security. ty shall be in an amount equal to the construction Upon the furnishing by the contractor of the cost thereof; faithful performance and labor and material bonds E. Security in the amount equal to the estimated required as part of the assessment proceedings, the cost of placing all monuments and lot comers not improvement security of the subdivision may be set at the time the final map is filed as specified in reduced by an amount corresponding to the amount Section 16.28.250C and D of this title; of such bonds so furnished by the contractor con- F. Security in the estimated amount of truces, structing/installing the improvements. (Ord. 303 § and special assessments collected as truces which are I, 1990) a lien but which are not yet payable as referred to in Section 66493 of the Subdivision Map Act; 16.48.060 Improvement completion G. As a part of the obligation guaranteed by the failure--Procedure. security and in addition to the face amount of the If the subdivider fails to complete the improve- security, there shall be included costs and reasonable ments in the time specified or an extension thereof, expenses and fees, including reasonable attorney's the city council may take appropriate legal action fees, incurred by the local agency in successfully against the subdivider and his security, with or enforcing the obligation secured. (Ord. 255 (part), without first causing such improvements to be com- 1982) pleted. In the event the security is insufficient to pay the full cost of the improvements, the subdivider

shall be liable for any balance. (Ord. 255 (part),

Whenever this chapter authorizes or requires the 1982) furnishing of security in connection with the perfor- mance of any act or agreement, such security shall 16.48.070 Exoneration of security. be one of the following at the option of and subject It shall be the duty of the director of public to the approval of the city council: works or city engineer to inspect all improvements A. Bond or bonds by one or more duly autho- installed and monuments set as to their compliance rized corporate sureties; with this title and city standards. No security given B. A deposit, either with the city or a respon- for faithful performance of such work shall be exon- sible escrow agent or trust company, at the option erated from the agreement referred to herein until of the city council, of money or negotiable bonds of and unless the director of public works or city engi- the kind approved for securing deposits of public neer certifies compliance thereto. (Ord. 255 (part), moneys; 1982) C. An instrument of credit from one or more financial institutions subject to regulation by the 16.48.080 Improvement security-Release. state or federal government and pledging that the A. Security given for faithful performance of any funds necessary to carry out the act or agreement act or agreement shall be released upon the final are on deposit and guaranteed for payment; completion of the act of the work encompassed by D. A lien upon the property to be divided, creat- the agreement and the acceptance of the act or work ed by contract between the owner and the city, if by resolution of the city council. ) / 240-47 (Dos Palos 9-98)

16.48.080

B. Security securing payment to the contractor, ,.,,,r"'b,'I 1his subcontractors, and to persons furnishing labor, materials, or equipment shall six months after the performance of the act or the completion of the work and its acceptance by resolution of the city council, be reduced to an amount not Jess than the total of all claims on which an action has been filed and notice thereof given in writing to the city council, and if no such actions have been filed, the security shall be released in full. Such release shall not apply to any required guar- antee and warrantee period, nor to cost and reason- able expenses and fees, including reasonable attorney's fees. C. In all cases where the performance of the obligation for which the security is required is sub- ject to the approval of another agency, the city council shall not release the security until the obli- gation is performed to the satisfaction of such other agency. Such agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfac- tion or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction. (Ord. 255 (part), 1982)

(Dos Palos 9-98) 240-48

16.52.010

Chapter 16.52 16.52.040 Planning commission
consideration.
REVERSION TO ACREAGE The commission shall consider the tentative map
at a regular or special meeting after giving notice to

Sections: its intent to consider the map, in a newspaper of

apply. tive map is to be heard. In making a recommenda-

Report. acreage map, the commission shall determine that

consideration. property or the proper development thereof, and that

recommendation at a regular or adjourned regular

Subdivided real property may be reverted to days after the filing of the commission's acreage pursuant to Chapter 6 of the Map Act. The recommendation with the city council. The city provisions of Sections 66499.11 through 66499.20 council shall give public notice of its intent to con- shall apply. (Ord. 255 (part), 1982) sider the tentative map in a newspaper of general circulation within the area affected at least ten days

apply. map is to be heard. In approving or conditionally When making a reversion to acreage map, the approving a reversion to acreage map, the city applicable requirements of Article 6 of the Map Act council shall find that dedications or offers of dedi- as to filing, map form, tract number, and committee cation to be vacated or abandoned by the reversion review, shall be complied with unless waived by the to acreage are unnecessary for present or prospective secretary of the planning commission. (Ord. 255 public purposes; and either (1) all owners of an (part), 1982) interest in real property within the subdivision have consented to the reversion; or (2) none of the im-

Copies of the tentative map, of a reversion to within two years from the date the final or parcel acreage map, shall be distributed to the city engi- map was filed for record, or within the time allowed neer, city manager, and director of public works. by agreement for completion of the improvements, The city engineer, city manager, and director of whichever is the later; or (3) no lots shown on the public works shall review and report upon the map final or parcel map have been sold within five years in the manner provided in Chapter 16.40 of this from the date such map was filed for record. title. (Ord. 255 (part), 1982) The city council shall report its action in writing to the subdivider and the planning commission not later than ten days following such action. (Ord. 255 (part), 1982)

240-49 (Dos Palos 9-98)

16.52.060

16.52.060 Title. time of approval of the tentative map, or any ruling Upon the title sheet of each map filed for the made thereunder. purpose of reverting subdivided land to acreage, the 2. Upon approval of the map by the city coun- subtitle shall consist of the words "A REVERSION cil, the city clerk shall deliver the map to the county TO ACREAGE ..." (insert the legal description of recorder for recordation. the land being reverted). (Ord. 255 (part), 1982) B. Disapproval of Map. 1. If the city council determines that the map is

Any previous offer of dedications not retained on this title or the tentative approval of the reversion the reversion to acreage map shall be deemed to be to acreage, the city council shall disapprove such terminated upon approval of the final map or by the final map, specifying its reason or reasons therefor, city council and the recordation of the final map. and the city clerk shall, in writing, advise the sub- (Ord. 255 (part), 1982) divider of such disapproval and the reason or rea- sons therefor.

A tax bond shall not be required in any cases map, the proponent may file a new final map with covered by this section. (Ord. 255 (part), 1982) the city clerk, altered to conform to all the requirements imposed upon him by this title. (Ord.

A. The city engineer shall review each map and assure himself that it complies with the requirements of the. approved tentative map, with previously recorded property description data and with the provisions of law and this title. The city engineer shall consult with the city manager in making these determinations. B. If the final map is in the correct form pre- scribed by the Subdivision Map Act and this title and the masters shown thereon are sufficient, their corrections shall be certified on the map by the city engineer. C. The city engineer shall within twenty days after the re_ceipt of the map, transmit the map to- gether with said other materials to the city manager for presentation to the city council. (Ord. 255 (part), 1982)

A. Approval of Map. 1. At its next regular or adjourned meeting after the filing of a final map with the city manager, the city council shall consider the map to determine if it is in conformity with all the requirements of the Subdivisioi! Map Act and this title applicable at the

(Dos Palos 9~98) 240-50

16.56.010

Chapter 16.56 effect at the time the subdivision was established.
(Ord. 255 (part), 1982)
SUBDIVISION PROHIBITION AND
PENALTIES 16.56.020 Voidabllity of sale.
A. Any deed of conveyance, sale or contract to

Sections: sell real property which has been divided, or which

16.56.040 Permit refusal. representative, or trustee in insolvency or bankrupt-

deed of conveyance, sale or contract to sell is bind-

A. No person shall offer to sell or lease, to con- buyer or person contracting to purchase, other than tract to sell or lease, to sell or lease, or to finance those above enumerated, and upon the ·grantor, any parcel or parcels of real property or to com- vender, or person contracting to sell, or his assignee, mence construction of any building for sale, lease heir or devisee. or financing thereon, except model homes, or to B. Any grantee, or his successor in interest of allow occupancy thereof, for which a fmal map is real property which has been divided, or which has required by this title, until such map thereof, in full resulted from a division, in violation of the provi- compliance with the provisions of said sections, has sions of this title, may, within one year of the date been filed for record by the recorder of Merced of discovery of such violation, bring an action in the County. superior court to recover any damages he has suf- B. No person shall sell, lease or finance any fered by reason of such division of property. The parcel or parcels of real property or commence action may be brought against any successors in construction of any building for sale, lease or fi- interest who have actual or constructive knowledge nancing thereon, except for model homes or allow of such division of property. The provisions of this occupancy thereof, for which a parcel map is re- section shall not apply to the conveyance of real quired by this title until such map thereof, in full property identified in a certificate of compliance, compliance with the provisions of said sections, has filed pursuant to Section 66499.35 of the Subdivi- been filed for record by the recorder of Merced sion Map Act or identified in a recorded final map County. or parcel map, from and after the date of recording. C. Conveyances of any part of a division of real The provisions of this section shall not limit or property for which a final or parcel map is required affect in any way the rights of a grantee or his by this title shall not be made by parcel or block successor in interest under any other provision of number, initial or other designation, unless and until law. (Ord. 255 (part), 1982) such map has been filed for record by the recorder of Merced County. 16.56.030 Remedies not barred. D. This section does not apply to any parcel or Nothing herein contained shall bar any legal, parcels of a subdivision offered for sale or lease, equitable, or summary remedy to which the city or contracted for sale or lease, or sold or leased in other political subdivision, or any person, firm or compliance with or exempt from any law regulating corporation may otherwise be entitled. The city or the design and improvement of subdivisions in other political subdivision or person may file suit in the superior court of Merced County to restrain or

240-51 (Dos Palos 9~98)

16.56.030

enjoin any attempted or proposed subdivision or sale in violation of the Subdivision Map Act or this title. (Ord. 255 (part), 1982)

Subject to the authority and requirements of Section 66499 .34 of the Subdivision Map Act, the city shall refuse to grant building and other pel1Dits in relation to the property involved until such time as all of the requirements of this title have been complied with. (Ord. 255 (part), 1982)

Whenever the city has knowledge that real prop- erty has been subdivided in violation of this title or the Subdivision Map Act, it shall cause to be filed a notice of violation pursuant to Section 66499 .36 of the Subdivision Map Act. (Ord. 255 (part), 1982)

Any offer to sell, contract to sell, sale, or deed of conveyance made contrary to. the provisions of this title .is a misdemeanor, and any person, firm or corporation, upon conviction thereof, shall be pun- ishable by a fine of not less than twenty-five dollars and not more than five hundred dollars, or impris- onment ip the county jail for a period of not more than six months, or by both such fine and imprison- ment. {Ord. 255 (part), 1982)

(Dos Palos 9-98) 240-52