§ 16.24

When improvements, dedications or reservations are required as conditions of a tentative map, or by any other city statute, ordinance or policy, the requirements of this chapter shall apply.

(Ord. 661 § 1 (600.010), 1994)

All improvements that are required by the conditions of a tentative map, by this chapter, or by any other city statute, ordinance or policy, shall conform with the requirements of this section and shall be installed in conformance with the current edition of "The Standard Specifications for Public Works Construction," with supplements, as approved by the city council. No final map shall be presented to the director of public works for approval until the subdivider either completes the required improvements or enters into an agreement with the city, pursuant to Chapter 16.32, agreeing to complete the improvements.

(Ord. 754 § 1 (Attach. A § 18), 1999: Ord. 661 § 1 (610.000), 1994)

A subdivider shall indicate intent to obtain occupancy on a portion of the project prior to the completion of all public improvement by submitting a construction phase plan for approval. All improvements shall be installed prior to occupancy of any building within the phase.

A.

The plan shall delineate the portions and sequencing of the project and the improvements to be constructed with each phase.

B.

The plan shall indicate the city's project number, location and other pertinent information deemed necessary for the city to review the application.

C.

Request for a construction phase plan shall be made in writing to the city engineer, who shall make the final decision on such requests.

(Ord. 661 § 1 (610.010), 1994)

The city may require the subdivider to install improvements for the benefit of the subdivision which may contain supplemental size, capacity, number or length for the benefit of property not within the subdivision as a condition of the approval of a tentative subdivision map.

A.

In the event that improvements of a supplemental size, capacity, number or length are required above and beyond what is necessary to serve the needs of the subdivision, the city shall, at the developers request, enter into a reimbursement agreement with the subdivider pursuant to Sections 66486 and 66487 of the Subdivision Map Act.

B.

Upon subsequent collection of moneys from other owners or developers with benefitting properties for the additional size, capacity, number or length beyond what is necessary to serve the subdivision the city shall remit such funds to the appropriate party in accordance with the reimbursement agreement.

C.

Supplemental size, capacity, number or length shall not be construed to include the dedication or improvement of streets or intersections, or dedication for drainage, adjacent to or within the subdivision to the ultimate right-of-way as indicated on the adopted general plan, master plan of highways, or master plan of drainage.

D.

All costs associated with the establishment of the reimbursement agreement shall be borne by the developer.

E.

The city may not approve a reimbursement agreement after the date construction begins on the improvements unless specifically approved by the city council.

(Ord. 661 § 1 (610.020), 1994)

If the conditions of a tentative map require the construction of off-site improvements on land in which neither the city nor the subdivider has sufficient title or interest to allow construction, the city shall either:

A.

Require the subdivider, prior to filing of the approval of the final map, to enter into an agreement to complete the off-site improvements at the time the city acquires title or an interest in the land. The subdivider shall pay all associated costs of acquiring off-site land or an interest in the land required to construct the improvements; or

B.

Acquire by negotiation or commence condemnation of the land within one hundred twenty (120) days of recording the final map. However, the subdivider shall be required to pay all associated costs. If the city fails to meet the one hundred twenty (120) day time limit, the condition for construction is deemed waived.

(Ord. 661 § 1 (610.030), 1994)

A.

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

B.

The improvement plans shall be in a form consistent with the requirements of the city engineer. The improvement plans shall be submitted as a complete package as set forth in the document titled "Improvement Plan Submittal Requirements" (DPW 0070).

C.

All improvement plans shall be submitted in conjunction with or subsequent to the first check of the final map prior to the final subdivision map being considered for approval by the director of public works.

D.

All improvement plans shall be subject to the approval of the city engineer before any final subdivision map shall be approved or certified, except for public recreational facilities plans pursuant to Article VIII of this chapter which shall be subject to approval of the director of parks, recreation and arts. The plans shall be reviewed in accordance with the provisions of Sections 66456.2 and 66462 of the Subdivision Map Act.

(Ord. 754 § 1 (Attach. A § 19), 1999; Ord. 661 § 1 (610.040), 1994)

The following types of subdivisions shall be exempt from improvement requirements:

A.

Subdivisions in which each parcel has a minimum gross area of twenty (20) acres;

B.

Subdivisions located within an area designated by the general plan for a density of 0.4 dwelling unit or less per acre, except that the planning commission may require the dedication of all streets, improvement of

arterial streets, the grading of local streets, and the improvement of drainage facilities when it is determined to be necessary for the overall orderly planned development of the area;

C.

The planning commission shall not be prevented from requiring the dedication or provision of easements for streets, utilities or drainage courses when it is determined that such requirements are necessary for future development of the area and/or the public health, safety and welfare.

(Ord. 661 § 1 (610.050), 1994)

All subdivisions for which street improvements and/or dedications are required shall comply with the provisions of this section. The subdivider shall grade and install curbs, gutters, paving, sidewalks, streetlights and street trees as required in accordance with the city street standards and the street improvement plans approved by the city engineer.

(Ord. 661 § 1 (610.100), 1994)

No highway or street shall have a grade of more than six percent maximum. However, in areas where hillside topography make it impractical to keep within such grade, the city engineer may approve a street grade up to ten (10) percent.

(Ord. 661 § 1 (610.110), 1994)

Street trees shall be planted along the frontage of all lots of a subdivision located in an urban residential, commercial or industrial zone prior to occupancy. The number, species and location of such trees shall be as specified by the city engineer. This requirement may be waived where the city engineer determines that sufficient trees will be located within an abutting landscaped setback.

(Ord. 661 § 1 (610.120), 1994)

Streetlights shall be installed and the subdivision annexed to the street lighting district in accordance with city ordinance or adopted policy. The developer is to pay the annexation processing fee and the first year's assessments prior to the final subdivision map being placed on the city council agenda.

(Ord. 661 § 1 (610.130), 1994)

Street turnouts will be installed per Ordinance No. 633 (Chapter 15.56).

(Ord. 661 § 1 (610.140), 1994)

Article II. - Drainage Facilities

Except as otherwise provided in this title, all subdivisions shall comply with the requirements of this article.

(Ord. 661 § 1 (610.200), 1994)

A hydrology study shall be submitted and approved prior to the filing of the final map. The hydrology study shall verify, among other things, that the proposed streets and existing downstream streets are designed to carry a fifty (50) year storm, top of curb to top of curb, and one hundred (100) year storm within the right-ofway. The anticipated flow through the subdivisions and/or potential drainage problems will be mitigated through the installation of drainage structures such as culverts, storm drains, or other improvements. Review and approval of the hydrology study shall be the responsibility of the city engineer.

(Ord. 661 § 1 (610.210), 1994)

The subdivider shall be responsible for the installation of improvements to mitigate storm and nuisance water runoff attributable to the subdivision, and for providing protection of the property and adjacent projects from flooding. Such improvements may include on or off-site culverts, detention/retention basins, channels, swales, or other structures and facilities that are determined to be necessary by the city engineer based on hydrology studies and other related information.

(Ord. 661 § 1 (610.220), 1994)

16.24.160 - Dedication and improvement of local and regional drainage facilities.

A.

Whenever a subdivision contains in drainage channel or facility that is part of a city-adopted master plan of drainage, the subdivider shall construct improvements of, or contributions toward the improvement of, said facilities when one or more of the following circumstances apply:

1.

The improvements are necessary to provide drainage protection for the subdivision or affected upstream or downstream properties.

2.

The facility will be utilized for drainage purposes for the benefit of the subdivision.

3.

The improvement of the facility is necessary to provide a logical extension of existing improvements.

B.

In cases where such improvements are not solely for the benefit of the subdivision, the subdivider or developer may seek relief from sole responsibility of mitigating such drainage runoff by requesting credit or reimbursement for construction of master planned drainage facilities.

(Ord. 661 § 1 (610.230), 1994)

The perimeter of drainage structures, including but not limited to, detention/retention basins, channels and swales, shall be treated with fences, walls, landscaping, or other improvements when it is deemed necessary for protection of the public health, safety and welfare or the aesthetic qualities of the subdivision. Such improvements are subject to the approval of the director and shall be installed by the subdivider.

(Ord. 661 § 1 (610.240), 1994)

All lots within a subdivision shall be annexed into the drainage benefit assessment district to ensure the continued maintenance of drainage improvements. The developer is to pay the annexation processing fee and the first year's assessment prior to the final map being considered for approval by the director of public works.

(Ord. 754 § 1 (Attach. A § 20), 1999: Ord. 661 § 1 (610.250), 1994)

Article III. - Sewers, Sewage Disposal Systems

Each buildable lot in the subdivision shall be served by an approved sanitary sewer system in accordance with the requirements of the city of Lancaster and county of Los Angeles, as applicable.

(Ord. 661 § 1 (610.300), 1994)

If determined necessary by the city engineer, a sewer area study shall be submitted by the subdivider in order to determine the capacity of existing and proposed sewage systems in the area and the improvements necessary to accommodate the sewage generated by the subdivision.

(Ord. 754 § 1 (Attach. A § 21), 1999: Ord. 661 § 1 (610.310), 1994)

The city engineer may approve the use of on-site septic systems in nonurban residential areas as defined by the general plan only where there is no feasible method of providing sanitary sewers, and where the soil and groundwater conditions of the site are suitable for the use of such systems. All such approvals shall be contingent upon the subdivider receiving approval for the use of septic systems from appropriate county and state agencies.

(Ord. 661 § 1 (610.320), 1994)

Article IV. - Water Systems and Fire Hydrants

Each unit or buildable lot within a subdivision shall be served by an approved domestic water system and adequate fire hydrants shall be placed throughout the subdivision. The water mains and fire hydrants required by this section shall comply in all respects with all statutes, ordinances, rules and regulations applicable at the time of installation. Such water mains and fire hydrants also shall be designed and constructed to deliver the fire flow as specified by the Los Angeles county fire chief pursuant to the specifications of service, design and construction as specified in city Ordinance No. 407 (Chapter 13.12), entitled "Water Ordinance," adopted July 7, 1986, and in all other respects conform to such ordinance.

(Ord. 661 § 1 (610.400), 1994)

Article V. - Utilities

Each unit or lot within the subdivision shall be served by gas, electricity, telephone, and, in the case of residential subdivisions, cable television. All utilities required to be installed to serve a subdivision shall be installed underground in accordance with Article II of Chapter 13.20 and city council policy.

(Ord. 661 § 1 (610.500), 1994)

Article VI. - Walls and Fences

When walls or fences are required by the conditions of a tentative map or by other city requirements, such walls shall be shown on the grading plans and installed in accordance with city council policy.

(Ord. 661 § 1 (610.600), 1994)

Article VII. - Landscaping Improvements[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 1070, § 4(Exh. A), adopted Jan. 14, 2020, amended Art. VII in its entirety to read as herein set out. Former Art. VII, § 16.24.250—16.24.280, pertained to similar subject matter, and derived from Ord. 661 § 1 (610.700—610.730), adopted 1994; Ord. 754 § 1 (Attach. A § 22), adopted 1999.

16.24.250 - In general.

Landscaping shall be installed pursuant to the requirements of this article, and in accordance with the requirements of Chapter 8.30 and Chapter 8.50.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

Where landscaping is required along an arterial street pursuant to Section 16.20.230, such landscaping and irrigation shall be installed subject to the approval of the Director of Development Services.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

In an urban residential subdivision, the subdivider or developer shall install a landscaping and irrigation system in the six foot right-of-way strip along the street side yard between the front yard and rear lot line and shall be maintained by the Homeowners Association.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

All lots in a residential subdivision shall be annexed into the landscape maintenance district to ensure the long-term maintenance of perimeter landscaping by the city. The developer is to pay the annexation processing fee and the first year's assessment prior to the final map being considered for approval by the Director of Development Services.

1.

All landscape maintenance district parkways/ easements shall comply with the following:

a.

The City of Lancaster Landscape and Irrigation standards

b.

The City's approved plants list

2.

It shall be the duty of property owners to provide for maintenance and replacement of wall located within the landscape maintenance district parkway/easement.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

Article VIII. - Public Recreation Facilities

The city may require the improvement of public recreational facilities such as trails and parks to the satisfaction of the general plan or the director of parks, recreation and arts as a condition of approval of a tentative map; provided that, the value of such improvement does not exceed the obligations of the project as outlined in city Ordinance No. 380 (Chapter 15.72). This section shall not, however, be deemed to limit

the ability of the city to condition tentative maps to comply with the requirements of a specific plan, residential planned development, or development agreement approved for the site. The applicant shall submit the appropriate improvement plans to the director of parks, recreation and arts prior to the final subdivision map being considered for approval by the director of public works.

(Ord. 754 § 1 (Attach. A § 24), 1999: Ord. 661 § 1 (610.800), 1994)

Article IX. - Dedications

Every street, alley, walkway, drainage channel, park reserve strip (or waiver of access rights), easements and other right-of-way shown on the final map intended for public use shall be irrevocably offered for dedication at the time the final map is filed for city council approval.

(Ord. 661 § 1 (620.000), 1994)

16.24.310 - Public park sites.

The city may, at its sole discretion, require the dedication or reservation of land for public park sites as a condition of approval of a tentative map. All such dedications shall be in conformance with the requirements of city Ordinance No. 380.

(Ord. 661 § 1 (620.010), 1994)

16.24.320 - Public trails.

If a public trail is provided within a subdivision pursuant to Section 16.20.320, such trail shall be offered to the city through dedication, easement or reservation, to the satisfaction of the director of parks, recreation and arts.

(Ord. 661 § 1 (620.020), 1994)

Article X. - Reservations of Land for Public Facilities

The planning commission or city council may require, as a condition of tentative map approval, the reservation of land within the subdivision for public facilities including schools, parks, recreational facilities, fire stations, libraries, or other public uses, subject to the conditions of this article.

(Ord. 661 § 1 (630.000), 1994)

The requirement for reservation of land shall be based on the following standards:

A.

The required reservation is based upon and is in conformance with the provisions for the intended public use contained within the adopted general plan or an adopted specific plan.

B.

The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible.

C.

The size and shape of the reserved area shall permit the balance of the property to be developed in an orderly and efficient manner.

D.

The size and shape of the reserved area shall permit the efficient division of the reserved area in the event that it is not acquired within the time frame specified in Section 16.24.350.

(Ord. 661 § 1 (630.010), 1994)

The public agency for whose benefit the reservation has been required shall, at the time of approval of the final map, enter into a binding agreement to acquire the reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual consent of the subdivider and public agency. The purchase price of such reservation shall be determined in accordance with the requirements of Section 66480 of the Subdivision Map Act.

(Ord. 661 § 1 (630.020), 1994)

If the public agency for whose benefit the reservation has been required does not enter into a binding agreement to acquire the reserved area, or fails to acquire the property within the period of time specified in Section 16.24.350, the reservation shall automatically terminate.

(Ord. 661 § 1 (630.030), 1994)