National City Municipal Code Ch. 17.07 Dedications and Improvements

The standards and requirements as specified in this title and as adopted by resolution or ordinance of the city council, shall apply to all final subdivision and parcel maps unless otherwise indicated by this title, or unless expressly waived by the city council. Additional requirements may be recommended to the city council by the director of planning or the city engineer as prescribed in Chapter 17.08.

(Ord. 1964 § 1 (part), 1988)

The subdivider shall offer to dedicate the following for public use:

A. All streets, highways, alleys, ways, easements, rights-of-way, and parcels of land shown on the final subdivision or parcel map and intended for public use by appropriate certificate on the title page. All irrevocable offers of dedication shall also be shown by appropriate certificate on the title page;

B. Vehicular access rights from any parcel to any highway or street when required by the conditions of approval of the tentative subdivision or parcel map. Such rights shall be offered for dedication by appropriate certificate on the title sheet, and a note stating: "Vehicular Access Rights Dedicated to the City of National City" shall be lettered along the highway or street adjacent to the parcels affected on the final map;

C. All streets, highways, alleys, ways, easements, rights-of-way, and other public improvements offered for dedication shall be designed, developed, and improved according to the standards of the city and to the satisfaction of the city engineer;

D. Any private utility easements required by the various utilities shall be shown on the final subdivision or parcel map and dedicated to the appropriate agency by separate document;

E. All drainage easements:

1. When storm drainage improvements are required on private property the subdivider shall offer to dedicate upon the final subdivision or parcel map thereon the necessary rights-of-way for such improvements plus access thereto, or

2. When the property being subdivided, or any portion thereof, is so situated as to be in the path of the natural drainage from adjoining property and no street, alley, or way within the subdivision is planned to provide for the drainage of such adjoining property, the subdivider shall offer to dedicate drainage and access easements adequate to provide in the future for the ultimate drainage of the adjoining property;

F. The city may require that areas of real property within the subdivision be dedicated or reserved for parks, recreational facilities, fire stations, libraries, or other public uses subject to the provisions of Section 66479 through Section 66432 of the Subdivision Map Act.

(Ord. 1964 § 1 (part), 1988)

The subdivider shall construct all required improvements, both on-site and off-site, in accordance with the standard engineering specifications and other approved standards as provided by this chapter and by the city council's resolution or resolutions establishing such standards.

No final map shall be presented to the council for approval or parcel map approved by the city engineer until the subdivider either completes the required improvements, or enters into an agreement with the city to do the work.

The agreement to complete the subdivision improvements shall be guaranteed by the posting of appropriate security. Plans, profiles and specifications of proposed improvements shall be submitted to the city engineer for review, accompanied by a checking fee as set by resolution of the city council. The improvement plans must be approved by the city engineer prior to the approval of the final subdivision or parcel map.

(Ord. 1964 § 1 (part), 1988)

All improvements as may be required as conditions of approval of the tentative map or tentative parcel map, or by city ordinance or resolution, together with, but not limited to, the required improvements set forth below shall be required of all subdivisions.

Requirements for construction of on-site and off-site improvements for subdivisions of four or fewer parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.

The minimum improvements required of the subdivider for final subdivision and parcel maps, are as follows:

A. Grading and improvement of public and private streets and alleys including surfacing, curbs, gutters, cross gutters, sidewalks, ornamental street lighting, street name signs and necessary barricades and safety devices:

1. Grading. All streets and alleys or other access ways shall be graded according to plans and profiles approved by the city engineer and city council.

2. Subgrading and Surfacing. All streets within the subdivision and the subdivider's half of all streets bounding the subdivision shall be constructed per city standards or per standards established by a soils report and determined acceptable by the city engineer. The soils report shall be prepared by a California registered civil engineer or jointly by a California registered civil engineer and a geologist if so required by the city engineer.

B. Sufficient storm drainage and flood control facilities to carry storm runoff both tributary to and originating within the subdivision. Such facilities may be located within or outside of the subdivision.

1. Flow of water in any natural waterways changed or otherwise modified by an improvement within or in connection with the new subdivision shall be provided for with culverts or channels designed in conformity with good engineering practice. Surface drainage accumulated in streets shall be discharged into natural waterways by means of structures or channels satisfactory to the city engineer.

C. A sanitary sewage system serving each lot or unit of the subdivision, subject to approval of the city engineer.

D. A water supply system providing an adequate supply of potable water to each lot and fire hydrants within the subdivision. The water supply system shall be of the size and design prescribed by the water district subject to the approval of the city engineer.

E. Fire hydrants and connections shall be of the type and at locations specified by the fire marshal.

F. Survey monuments.

G. Public utility distribution facilities, including gas, electric and telephone necessary to serve each lot in the subdivision. All new utility distribution facilities within the boundaries of the subdivision and within the half street abutting any new subdivision shall be placed underground.

H. The city may require that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity or number for the benefit of property not within the subdivision, and that such improvements be dedicated to the public pursuant to Sections 66485 and 66486 of the Subdivision Map Act.

I. If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the city has sufficient title or interest to allow construction, the city shall, within one hundred twenty days of recording the final map, acquire by negotiation or commence condemnation of the land. If the city fails to meet the one hundred twenty day time limit, the condition for the construction shall be waived. Prior to approval of the final map, the city may require the subdivider to enter into an agreement to complete the off-site improvements at the time the city acquires title of an interest in the land.

The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements.

J. The location of utilities serving the lot shall be marked and identified at the curb.

(Ord. 2105, 1996; Ord. 2033 § 3, 1992: Ord. 1964 § 1 (part), 1988)

Standards for design and improvements of subdivisions shall be in accordance with the applicable sections of the land use code, the general plan, any specific plans adopted by the city, the requirements established by the city engineer, and the following:

A. Relations to Adjoining Street Systems.

1. Unless otherwise recommended by the planning commission, new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining or adjacent subdivisions insofar as they may be necessary for public requirements.

2. In general, streets shall extend to the boundary of the subdivision to provide the proper access to the adjoining property and provide for proper connection with the roadway systems for contiguous and adjacent land.

B. Blocks.

1. The length of blocks shall not exceed six hundred sixty feet.

2. The width of blocks shall generally be sufficient to allow two tiers of lots.

C. Lots.

1. All lots shall front on a public street, or on a private street if permitted pursuant to subsection (D) of this section.

2. The side line of lots shall be as nearly at right angles or radial to the street upon which the lots face as practicable.

3. The width and the minimum area of each residential lot shall be governed by Title 18 of this code (Zoning)

4. Lots must not be cut by a city boundary line. City boundary lines may be lot lines or centerlines of streets or alleys.

D. Private Streets, Alleys, or Ways.

1. Private streets, alleys, or ways shall be permitted only where an approved specific plan or planned unit development permit authorizes a private street and only when the welfare of the occupants of the subdivision will be better served and the public welfare will not be impaired. Such private street, alley, or way shall not be offered for dedication and shall be shown on the final subdivision or parcel map as a parcel and lettered alphabetically. All private streets, alleys, or ways shall be designed, developed, and improved to the planned unit development standards of the city, except as may be otherwise recommended by the city engineer.

2. All such access ways shall be governed by maintenance agreements. Said agreements shall be approved by the city and be made a part of the property deed. They shall conform to provisions of National City Municipal Code Section 17.05.020(C)(3) to grant the city the authority but not the obligation to assume maintenance and assess full costs.

(Ord. 2033 § 4, 1992: Ord. 1964 § 1 (part), 1988)

Improvement plans shall be prepared by a California registered civil engineer and shall be completed to the satisfaction of the city engineer prior to acceptance of the final subdivision or parcel map. All improvements shall conform to the standard specifications and drawings of the city.

(Ord. 1964 § 1 (part), 1988)

A. Exceptions may be granted to the requirements or standards imposed by these regulations where consistent with, or not specifically prohibited by, the provisions of the Subdivision Map Act. The exceptions may be granted by the city council or by the planning commission for tentative parcel maps, subject to appeal. In granting such exceptions or modifications, the following finding shall be made:

1. The property to be divided is of such size and shape, or is affected by such topographic conditions that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements;

2. The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity; and

3. Granting of the exception is in accordance with the intent and purposes of this title, and is consistent with the general plan and with all applicable specific plans or other plans of the city.

B. The decision to grant an exception shall not be based on the consideration of cost to the subdivider of strict or literal compliance with the regulations.

C. In granting any exceptions, there shall be imposed such conditions as are necessary to protect the public health, safety, or welfare and assure compliance with the general plan, all applicable specific plans, and with the intent and purpose of this title.

(Ord. 1964 § 1 (part), 1988)