§ 130.20

(a)

All streets, highways and alleys, and other parcels of land intended for public use including, but not limited to, access road easements required for flood control and utilities intended for public use, shall be offered for dedication to the public by owners certificate as a part of a final map or parcel map. No utility easement or other rights-of-way shall be granted within proposed street dedications subsequent to the date of filing of a preliminary tentative map. Necessary right-of-way outside of the subdivision boundary must be processed by separate instruments.

(b)

Whenever a secondary highway or higher classification is designated on the circulation element of the comprehensive general plan of the city as requiring an ultimate right-of-way of 88 feet or greater and such

highway either adjoins or crosses a proposed land division, access rights may be offered for dedication to the city or otherwise restricted. The note "access restricted" shall be shown along the highway frontages on the final map or parcel map, as provided herein. Access rights shall be restricted except for limited access openings as approved by the director of transportation. However, access control to commercially zoned property may be postponed to the development stage as approved by the director of transportation.

(c)

Whenever a subdivider is required to dedicate roadways to the public, he may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision, if the subdivision, as shown on the final map or parcel map thereof, contains 200 or more parcels.

(d)

The subdivider shall offer a dedication or an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of a subdivision if:

(1)

The subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the adopted general plan or contains 100 acres or more; and

(2)

The city council finds that transit services are or will within a reasonable time period be made available to such subdivision.

(e)

The provisions of this section do not apply to condominium projects.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.20.020. - Park and recreation fees and dedications.

(a)

Authority. This section is adopted pursuant to California Government Code Section 66477, which authorizes a city council to require, by ordinance, the dedication of land or the payment of fees in lieu thereof, or a combination of both, for park and recreational facilities as a condition of approval of a tentative map or parcel map.

(b)

Dedication or fee required. Whenever land is proposed to be subdivided for residential use, the property owner shall be required, as a condition of approval of the subdivision, to dedicate to the city for park purposes three acres of land for every 1,000 residents of the subdivision, or pay an equivalent fee, or a combination of both, consistent with this section.

(1)

For subdivisions containing 50 parcels or less, only the payment of fees shall be required; provided, however, that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, the dedication of land may be required even though the number of parcels may be less than 50.

(2)

Nothing in this section shall prevent the city from accepting the voluntary dedication of land by a developer for a subdivision containing less than 50 parcels if the dedication meets the other requirements of this section.

(c)

Exemptions. This section shall not apply to the following land divisions:

(1)

Commercial or industrial.

(2)

Condominium projects or stock cooperatives which consist of the subdivision airspace in an existing apartment building which is more than five years old and no new dwelling units area added.

(3)

Subdivisions containing less than five parcels and not used for residential purposes, provided, however, that a condition of approval shall be placed on those maps that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four years of the approval of the final map, the owner of each parcel on which construction of a residential structure is proposed must pay a fee in lieu of park land dedication as a condition to the issuance of a building permit. The city may require a developer to implement this condition by recording an agreement to document the obligation to pay the fee as a condition of issuance of a building permit.

(d)

Dedications of land. Whenever land is dedicated pursuant to this section the following provisions apply.

(1)

The amount and location of property to be dedicated shall be as approved by the city. In determining whether to require a dedication of land, the city may consider the natural features of the area, available access, the location, size and shape of the subdivision, the land available for dedication, the feasibility of dedication, the location of existing and proposed park sites and trailways and the compatibility of dedication with the city's general plan.

(2)

All dedications of land shall be in accordance with the Subdivision Map Act. Land shall be conveyed in fee simple to the city free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the city agrees to accept. The city may require the dedication from the developer by irrevocable offer of dedication on the map or by grant deed delivered to the city before the approval of the final map. If the final map is disapproved, or if it is withdrawn by the developer, any deeds shall be returned to the developer. If the final map is approved, the deeds shall be recorded by the city at the time the final map is recorded. No deed for dedication of land shall be accepted unless it is accompanied by a policy of title insurance, secured by the developer, in an amount equal to the value of the land dedicated.

(3)

The amount of land to be dedicated shall be based on the residential density of the subdivision, and shall be determined by multiplying the number of dwelling units in the subdivision by the estimated number of persons per household, and multiplying that product by 0.003 (based on the ratio of the city standard of three acres of park land per 1,000 people). The estimated number of persons per household by dwelling unit type shall be determined by the community development director based on data from the most recent available federal census or census taken pursuant to California Government Code Section 40200 et seq.

(4)

To the extent that the amount of land required to be dedicated by a developer (under subsection (d)(3) of this section) exceeds the actual amount of land to be dedicated by the developer (as approved by the city under subsection (d)(1) of this section), the developer shall pay in-lieu fees for the value of that net amount of land that otherwise would have been required to be dedicated. The amount of the in-lieu fee shall be as determined by subsection (e) of this section.

(5)

The land dedicated shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

(6)

Whenever land is dedicated, the developer shall provide the following improvements for the benefit of the land dedicated. Prior to approval of a final map on which a dedication of park land is required in

accordance with this section, the developer shall submit improvement plans, subject to approval by the public works director in accordance with chapter 130.24 of this code:

a.

Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation of existing public utility facilities, street paving, traffic control devices, street trees, and sidewalks to the dedicated land;

b.

Fencing along the property lines of the subdivision which are contiguous to the park;

c.

Improve the drainage through the park site;

d.

Provide minimal physical improvements, not including recreational facilities, building, or equipment, which the city determines are necessary for acceptance of the land for park and recreational purposes, including, but not limited to, grading, drainage, irrigation and planting improvements;

e.

Provide access from the park and recreational facilities to an existing or proposed public street, unless the city determines that such access is unnecessary for maintenance of the park area or use of the park by the residents of the subdivision.

(e)

Payment of fees. Whenever fees are imposed pursuant to this section, the following provisions apply.

(1)

The fee shall be paid prior to the recording of the final map, or such later time as may be stated in the conditions of approval for the subdivision. No certificate of occupancy shall be issued by the city for a dwelling unit within subdivision conditioned to pay fees pursuant to this section unless and until the fee for that dwelling unit has been paid.

(2)

The fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities, by the future inhabitants of the subdivision. The fee shall be calculated by the community development director based on the fair market value of land within the subdivision of a size equal to that which the developer would otherwise be required to dedicate in accordance with this section. Provided, however, as an alternative method of estimating the fair market value of land to be used when calculating the amount of fees, the city council may, by resolution, determine the estimated fair market value per acre of acquiring park land within the city. The fee amount for a subdivision shall equal the fair market value of land multiplied by the size of land that would have been required to be dedicated for the subdivision under this section.

(3)

Whenever fees are paid pursuant to this section, the city shall deposit them into a separate fund.

(f)

Credits. A developer may receive a credit against dedication or fee requirements as follows.

(1)

A credit may be given against the requirement for the payment of fees or the dedication of land required by this section for the reasonable value of park and recreation improvements provided by the developer. The amount of the credit shall be determined prior to the approval or conditional approval of the tentative map, and the amount shall be documented in a credit agreement between the city and the developer. The granting of a credit shall be at the discretion of the city council and shall be based on an approved set of improvement plans.

(2)

A credit may be given where private areas for park and recreational purposes are provided in a subdivision and such areas are for active recreational uses, and will be privately owned and maintained in common by the future owner(s) of the development. Such areas may be credited against up to 50 percent of the requirement of land dedication or fees at the discretion of the city council; provided that the city council determines that it is in the public interest to grant such credits and that all of the following standards either have been or will be met prior to approval of the final map or development permit:

a.

That yards, court areas, setbacks, and other open space areas, required to be maintained by Title 120 of this code, the building code and other regulations, shall not be included in the computation of such private areas;

b.

Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions; and that the use of the private area is restricted for park and recreational purposes by an open space easement or other instrument; and

c.

That the proposed private area is reasonably adaptable for use of park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.

(3)

"Active recreational uses" means, for the purposes of this subsection (f), recreation facilities occurring on usable level land (five percent maximum slope) in a planned development which are designed to provide individual or group activities of an active nature including, but not limited to, open lawn, sports fields, court games, swimming pools, children's play areas, picnic areas, golf courses, and recreational community gardening. Active recreational uses do not include natural open space, nature study areas, open space for buffer areas, steep slopes, or scenic overlooks.

(g)

Use of land and fees.

(1)

The city shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities.

(2)

All fees collected by the city may be used only for the purpose of developing new or rehabilitating existing park and recreational facilities to serve the subdivision. Notwithstanding the foregoing, fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision is located, if all of the following requirements are met:

a.

The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population.

b.

The neighborhood in which the subdivision for which the fees were paid has a park area per 1,000 members of the neighborhood population ratio that meets or exceeds three acres per 1,000 persons.

c.

The city council holds a public hearing before using the fees pursuant to this subsection.

d.

The city council makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used.

e.

The fees are used within a specified radius that complies with the city's ordinance adopted pursuant to this section, and are consistent with the adopted general plan or specific plan of the city. For purposes of this subsection, "specified radius" includes a planning area, zone of influence, or other geographic region designated by the city, that otherwise meets the requirements of this section.

(3)

All fees collected pursuant to this section shall be committed by the city for a specific project within five years of receipt of the fees or five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not so committed, the fees received shall be distributed to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.

(h)

Subsequent development. Whenever subsequent development occurs on property for which fees have been paid or land dedicated in accordance with this section, no additional fees or dedications shall be

required under this section except as to any additional lots or dwelling units which were not subject to a prior fee or dedication requirement.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023; Ord. No. 2025-07, § 2(Exh. B), 8-132025)

CHAPTER 130.24. - IMPROVEMENTS

Sec. 130.24.010. - Land division improvements generally.

(a)

Improvements installed in land divisions shall be constructed in conformance to the provisions of city ordinances.

(b)

In the absence of a standard for an improvement, the director of transportation or flood control engineer, as appropriate, may establish a standard in keeping with good construction and engineering practices.

(c)

When asphalt-concrete dikes are permitted and drainage is required to cross at intersecting streets, concrete curb returns and cross-gutters shall be installed.

(d)

Structural roadbed section shall be designed using recognized design methods, employing engineering soils analysis and determination of traffic evaluations.

(e)

The street pattern in the land development shall not land lock adjacent property or preclude access to public land.

(f)

When located under the pavement, utility mains and utility services shall be installed before the final street surfacing is installed.

(g)

Asphalt-concrete dikes shall be placed when fill slopes are 4:1 or steeper, or street gradients exceed three percent.

(h)

Concrete curb and gutter shall be placed in lieu of asphalt concrete dike when street gradient is less than 0.50 percent or when street drainage exceeds a velocity of ten feet per second.

(i)

When an existing underground utility or pipeline crosses a proposed land division or an access to a land division, the land divider shall adequately protect the utility or pipeline as directed by the utility owner as part of the conditional approval of the land division.

(h)

Projects which are located in high fire hazard areas as shown on the city comprehensive general plan hazardous fire area map shall require special fire mitigation measures. These fire mitigation measures include the following:

(1)

Roofs, eaves and siding must be constructed with Class B fire resistant roofing materials;

(2)

A buffer of fire retardant landscaping for appropriate distances from structures;

(3)

Water facilities improvements such as storage tanks as required by the fire chief.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.24.020. - Improvement plans required.

(a)

All improvements constructed or installed in public or private dedications shall be in accordance with detailed plans and specifications as approved by the city engineer prior to commencement of the improvement work.

(b)

Plans for water and sewer improvements shall be signed by a registered civil engineer, the water and sewer purveyors and the health officer. Each system shall comply with all applicable state and city regulations. The city fire chief shall also sign the water plans when conditions include fire protection.

(c)

Contractors shall secure an encroachment permit for all work done within the city right-of-way and the county flood control and water conservation district right-of-way prior to commencing the work.

(d)

Improvements proposed or required on state highway rights-of-way shall require Caltrans approval.

(e)

The subdivider may submit a written request and justification to the city engineer to accept an estimate of the construction costs for the required public improvements as a basis for the bonding amounts for the

improvement agreement as specified in chapter 130.60. If the request is approved by the city engineer, the bond estimate shall be based upon a written report prepared by the subdivider's engineer, signed and stamped by a registered civil engineer, detailing the itemized construction quantities. The quantities shall be taken from the subdivider's engineer's improvement plans, which while not required to be signed by the city engineer, must be acceptable to him as to final design concept and quantities. The design engineer shall utilize current unit costs for bonding purposes as issued annually by the transportation department. When improvement plans are not approved and signed by the city engineer prior to map approval and recordation, an additional contingency amount of 20 percent shall be included in the security amount.

(f)

Securities submitted by a subdivider shall not be reduced to reflect signed plans. Any partial releases of security shall only reflect the percentage of construction work completed. The bond amounts held for improvement design may only be released in conjunction with the first partial bond release for construction.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-14, § 1, 2-8-2023)

Sec. 130.24.030. - Improvement for subdivisions.

The minimum improvements which a land divider shall install, or enter into an agreement to install, for subdivisions shall be as hereinafter set forth in schedule A, B, C and D.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.24.040. - Schedule A subdivision.

Any division of land into five or more parcels, where any parcel is less than 18,000 square feet in net area, shall be defined as a schedule A subdivision.

(1)

Streets. The minimum improvements for public streets are established as follows:

a.

Arterial highways shall be 86 feet in width, designed and constructed in conformance with city ordinance, standard No. 100.

b.

Arterial (urban) highways shall be 110 feet in width, designed and constructed in conformance with city ordinance, standard No. 100(A).

c.

Arterial (mountain) highways shall be 64 feet in width, designed and constructed in conformance with city ordinance, standard No. 100(B), section A. A maximum width of 40 feet in conformance with city ordinance, standard No. 100(B), section C may be allowed when anticipated low traffic volumes or rugged terrain does not warrant construction of a 64-foot four-lane highway. A minimum width of 52 feet in conformance with

city ordinance, standard No. 100(B), section B may be required in steep terrain to provide for a passing lane.

d.

Major highways shall be 76 feet in width, designed and constructed in conformance with city ordinance, standard No. 101.

e.

Secondary highways shall be 64 feet in width, designed and constructed in conformance with city ordinance, standard No. 102.

f.

Collector streets shall be 44 feet in width, designed and constructed in conformance with city ordinance, standard No. 103(A).

g.

General local streets shall be 40 feet in width, designed and constructed in conformance with city ordinance, standard No. 104(A).

h.

Short local or circulatory interior streets shall be 36 feet in width, designed and constructed in conformance with city ordinance, standard No. 105(A).

i.

Restricted local or noncirculatory interior streets shall be 32 feet in width, designed and constructed in conformance with city ordinance, standard No. 106(A); provided, however, that in areas with an elevation of 5,000 feet or more it shall be 28 feet in width, designed in conformance with city ordinance, standard No. 112, local mountain residential street.

j.

Access road shall be 32 feet in width, designed and constructed in conformance with city ordinance, standard No. 106(B).

k.

Frontage roads shall be designed and constructed in conformance with city ordinance, standard No. 107(A), 108 or 109.

l.

Cul-de-sac streets shall be designed and constructed in conformance with city ordinance, standard No. 800.

m.

Alleys: 20 feet in width, designed and constructed in conformance with city ordinance, standard No. 500.

n.

Part-width streets shall be one-half of the required improvement, but not less than 28 feet, designed and constructed in conformance with city ordinance, standard No. 110(A).

o.

Street name signs type and placement shall conform with city ordinance, standard No. 816.

p.

Barricades shall be placed at the end of dead-end streets in accordance with city ordinance, standard No. 810.

q.

Sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalk construction shall be in accordance with the improvement standards of city ordinances.

(2)

Domestic water. The minimum requirement for domestic water supply and distribution system is as follows:

a.

Water supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, title 22, chapter 16, California waterworks standards. Improvement plan review shall be as required by section 130.16.030;

b.

Piped water systems.

(3)

Fire protection. The minimum requirement for fire protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:

a.

Type of fire hydrant and connection as approved by the agency providing fire protection;

b.

Approved fire hydrants shall be located one at each street intersection, and spaced not more than 330 feet apart in any direction;

c.

The water system shall be capable of providing a fire flow of 1,000 gpm for two hours duration at a minimum of 20 psi operating pressure from each fire hydrant. This amount shall be in addition to the average day demand as defined in the California Administrative Code, title 22, chapter 16, California waterworks standards;

d.

The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site;

e.

In zones that allow multifamily residential uses, the minimum fire protection shall be set forth in chapter 110.20.

(4)

Sewage disposal. The minimum requirements for sewage disposal shall be as follows:

a.

Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available by the development of individual subsurface sewage disposal systems that meet health department and the regional water quality control board standards and requirements, or, by development of a package treatment plant that meets the health department and regional water quality control board standards and requirements.

b.

Improvement plans for sewage collection systems shall be reviewed as required by section 130.16.030.

c.

Dry sewer may be required as set forth in chapter 130.40 when subsurface sewage disposal is approved.

(5)

Fences. Minimum fencing requirement shall be as follows: six-foot high chainlink galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

(6)

Electrical and communication facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of chapter 130.44.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)