Lancaster Municipal Code Art. I Improvements, Dedications and Reservations

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)