§ 16.36

Design and improvements shall conform to this title and the improvement standards. Design shall also provide for adequate traffic circulation and should promote the extension of aesthetic values.

(Prior code § 11-2-1001)

16.36.020 - Road design—Layout.

Layouts shall conform as follows:

A.

Street rights-of-way widths shall be in accordance with Table 1 codified in Section 16.36.390.

B.

Streets which are extensions of existing streets shall continue the centerline of the existing street, as far as practicable, either in the same direction or by adjustment curves.

C.

All opposing streets entering upon any given street shall have their centerlines directly opposite each other or separated by at least one hundred twenty-five feet.

(Prior code § 11-2-1002)

The centerlines of streets shall intersect one another as nearly at right angles as practicable, shall not be excessively curved and shall conform to the requirements for sight distance provided in the improvement standards.

(Prior code § 11-2-1003)

Abutting land, not part of a subdivision, shall not be permitted access to a dedicated part width or dead end road over a restricted access strip.

A.

Restricted access strips shall be provided along and at the end of part width and dead end roads to separate them from abutting land not part of the subdivision.

B.

The restricted access strip shall be not less than one foot in width and shall be offered for dedication to the city for road purposes.

C.

The restricted access strip shall be shown on the map and identified as a "Restricted Access Strip ..." (Insert, in alphabetical order, the appropriate letter designation.)

(Prior code § 11-2-1004)

The design of the subdivision shall be so that full width roads will be provided. Part width roads will be allowed only where casual and exceptional circumstances such as existing road patterns, property divisions and existing land development make it impracticable to provide full width roads. A restricted access strip shall be provided in accordance with Section 16.36.040.

(Prior code § 11-2-1005)

A.

Stub roads shall be provided where necessary to give access to or permit a satisfactory future development of adjoining land. The road shall extend to the boundary line of the property, or within one foot thereof where a restricted access strip is dedicated.

B.

Stub roads which are abutted by more than one lot on either side shall be terminated by a temporary turnaround. The turn-around shall conform to the improvement standards. A stub road may be approved by the city council without a temporary turn-around when the road is less than one hundred fifty feet in length, or its length equals the dimensions of the corner lot along the road, whichever is greater.

(Prior code § 11-2-1006)

Cul-de-sac roads shall be terminated by a permanent turn-around as provided in the improvement standards. Cul-de-sac roads shall not exceed three hundred feet in length, measured from the centerline of

the intersecting road to the end of the turn-around, unless an additional fire hydrant is located at the end of the turn-around, in which case the maximum length may be five hundred feet.

(Prior code § 11-2-1007)

A.

Where lots in a subdivision front on any highway shown on the circulation element of the general plan, the city council may require the dedication and improvement of a frontage road for access to those lots.

B.

Frontage road intersections which open onto any highway shown on the general plan, shall be through the bulb type intersection as provided in the improvement standard.

(Prior code § 11-2-1008)

When a subdivision does not abut upon a public road, an access road may be required by the city council to connect the subdivision with a public road. When required, the access road shall be considered to be a part of the subdivision and shall meet all requirements of this title.

(Prior code § 11-2-1009)

Whenever the commission or the city council has determined that a particular local road is not at this time warranted, but is anticipated to serve local neighborhood traffic needs, the city council may require that the location, width and extent of such road be shown on the final map and offered for dedication for road purposes.

(Prior code § 11-2-1010)

If a parcel of land to be subdivided includes a portion of the right-of-way for a state highway, the right-ofway which has been certified by the California State Highway Commission, the subdivider shall either dedicate or withhold from subdivision all the area included in the right-of-way.

(Prior code § 11-2-1011)

Whenever it is proposed to subdivide property abutting an approach to an existing or precise plan lined grade separation, the subdivision shall be so arranged that any lot abutting such approach shall have suitable access elsewhere, and that the street layout adequately provides for and conforms to such approach.

(Prior code § 11-2-1012)

A.

Where Required. An alley, with adequate ingress and egress provided for truck traffic, may be required at the rear or side of lots where the property is to be used for multiple residential, commercial or industrial use.

B.

Intersections. Intersecting alleys shall not be permitted.

C.

Width. Alleys, when required, shall be a minimum of twenty feet in width.

(Prior code § 11-2-1013)

16.36.140 - Easements—Locations.

A.

Sewer, Gas and Water. Sewer, gas and water mains shall not be on rear or side lot easements unless street location is found to be impracticable or uneconomical and unless specifically approved by the city council.

B.

Storm Drains and Flood Control. Easements for storm drains and flood control shall be provided within the subdivision when deemed necessary by the city council.

C.

Public Utilities. Easements for underground electrical and telephone facilities shall be provided as requested by the affected utility.

(Prior code § 11-2-1014)

All easements within a subdivision shall be not less than sixteen feet in width, being not less than eight feet on each side of abutting properties. However, easements of a lesser width may be approved by the city council when it has been determined that the purpose of any easement may be accomplished by the use of a lesser width.

(Prior code § 11-2-1015)

16.36.160 - Lot design—Area and frontage.

A.

The area and dimensions of lots shall be in conformity with the zoning regulations for the zoning district in which the proposed subdivision is located. A larger minimum lot area may be required when necessitated by topographical and geological consideration.

B.

All lots shall have frontage on at least one public or approved private road as required by the appropriate zoning district. The width of such frontage shall not be less than that prescribed by the zoning regulations for the zoning district in which the proposed subdivision is located.

(Prior code § 11-2-1016)

A grading plan shall be prepared prior to the acceptance and approval of the final subdivision map. The grading plan shall depict the depth and extent of all excavations and embankments which constitute changes in original grade from that shown on the approved tentative subdivision map.

(Prior code § 11-2-1017)

The side line of all lots, so far as possible, shall be at right angles to the road which the lot faces, or radial or approximately radial if the road is curved.

(Prior code § 11-2-1018)

No lot shall be divided by the boundary line of a county, school or special district.

(Prior code § 11-2-1019)

Double frontage lots, other than corner lots, which abut two roads and have a depth less than two hundred forty feet will not be approved except where necessitated by topographical or other physical conditions or where ingress and egress to and from one of the roads is prohibited by law or where direct access rights have been or will be waived.

(Prior code § 11-2-1020)

Blocks shall not exceed thirteen hundred twenty feet in length between road centerlines, except where topographical or other conditions require longer blocks.

(Prior code § 11-2-1021)

Where a subdivision or any part thereof is traversed by any watercourse, channel, stream or creek, the subdivider shall, subject to riparian rights, indicate the physical limits thereof and provide by dedication sufficient easements to dispose of surface and storm waters originating within the subdivision. The width and improvements of such dedicated easements shall be approved by the city council. Intermittent streams shall be delineated by a dashed line labeled thread of stream.

(Prior code § 11-2-1022)

A.

Land subject to flooding and land deemed by the city engineer to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may endanger health, life or property, or aggravate the flood hazard and shall be shown on the map as subject to inundation or otherwise uninhabitable.

B.

Such land may be filled or otherwise improved in a manner and to a degree approved by the city engineer so it is no longer subject to the restrictions of this subsection. The required improvements shall be completed or agreed to be completed by secured agreement pursuant to Section 16.36.410 prior to the approval of the final map.

C.

Lands included within areas designated by the Federal Flood Insurance Administration as flood prone areas or shown on maps supplied by the U.S. Department of Agriculture, Soil Conservation Service, or the U.S. Corps of Engineers as being within flood prone areas shall not be divided until a plan provided by the subdivider is approved by the city engineer showing how all development within the subdivision will be flood-proofed in a manner which will not adversely affect surrounding properties.

(Prior code § 11-2-1023)

All land shown and designated on the final map for any public use shall be offered for dedication.

(Prior code § 11-2-1024)

As a condition precedent to acceptance and approval of the final map, the subdivider shall make, or agree to make, the minimum improvements as set out in Sections 16.36.260 through 16.36.370 in accordance with improvement standards. Additional improvements may be required if deemed by the city council to be necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs. Such improvements shall conform to the improvement standards.

(Prior code § 11-2-1025)

16.36.260 - Improvements—Streets.

A.

Public Roads or Private Roads. All roads dedicated for public use or approved private roads shall be improved in accordance with Table 1 in Section 16.36.390.

B.

Previously Dedicated Rights-of-Way. The city council may require the subdivider to improve previously dedicated roads, public ways or easements to the degree required by subsection A of this section. When so required by the city council, improvements shall conform to Table 1 codified in Section 16.36.390.

(Prior code § 11-2-1026)

16.36.270 - Improvements—Sidewalks.

Sidewalks shall be installed in accordance with Tables 1 and 2 of Section 16.36.390.

(Prior code § 11-2-1027)

When the rear or side of any lot abuts an expressway, arterial, or collector highway shown on the general plan, and access to such highway has been relinquished, a fence shall be erected along the abutting lot line in accordance with Table 1 codified in Section 16.36.390.

(Prior code § 11-2-1028)

Sanitary sewer lines and appurtenances shall be installed and connections made to the existing system in accordance with requirements established by the city engineer.

(Prior code § 11-2-1029)

16.36.300 - Improvements—Water.

A.

All lots within an approved subdivision shall be served by the city water system. The method of connection with the city system and design of the water system within the subdivision shall be in accordance with Table 1 of Section 16.36.390 and are subject to the approval of the city engineer.

B.

Whenever a well and tank site is to be located within a subdivision in conjunction with a community water system, the well site and its access right-of-way shall be shown on the tentative and final maps and be designated for such use. When the well site or other system facilities are to be located outside the subdivision boundaries, easements shall be conveyed to the owners of the system prior to the recordation of the final map.

(Prior code § 11-2-1030)

16.36.310 - Improvements—Fire hydrants.

Fire hydrants shall be installed in accordance with Table 1 of Section 16.36.390.

(Prior code § 11-2-1031)

The subdivision may be required to install drainage facilities to adequately remove surface and storm waters from the subdivision. When so required, installation shall conform to Table 1 as provided in Section 16.36.390.

(Prior code § 11-2-1032)

Any abandoned well or existing well, within the tract, which is to be abandoned shall be completely filled in a manner approved by the city engineer and if there are any irrigation pipelines within the tract which are abandoned, or to be abandoned, the subdivider shall remove, destroy or completely fill these wells or pipelines in a manner approved by the city engineer as part of the subdivision improvements.

(Prior code § 11-2-1033)

Necessary street name signs, warning signs, regulatory signs, markers, barricades and other safety and public convenience facilities shall be installed in accordance with the improvement standards and specifications established therefore by the city. The subdivider may deposit with the city sufficient sums for the furnishing and installation of certain of the above facilities.

(Prior code § 11-2-1034)

All improvements lying outside of the tract, and necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs, shall conform to the improvement standards.

(Prior code § 11-2-1035)

Street lights shall be installed in accordance with Table 1 codified in Section 16.36.390.

(Prior code § 11-2-1036)

All utilities shall be placed underground in accordance with the requirements of the utility concerned in either city street easements or appropriate utility easements. When utilities are installed in city street easements they shall be laid subject to Section 16.36.420.

(Prior code § 11-2-1037)

16.36.380 - Improvements—Bike ways.

All bike ways dedicated for public use or approved private use shall be improved in accordance with Table 1 of Section 16.36.390.

(Prior code § 11-2-1038)

16.36.390 - Required improvement standards—Sidewalk requirements.

Table 1

Standards Related to Required Improvements

Table 2

Sidewalk Requirements

A.

Mandatory Installation.

1.

In the R-1-6, R-1-12, RM-3, RM-1.5, RM-TP, C-R, C-S zoning districts regardless of lot size.

2.

In the M zoning district when the minimum lot size is less than twelve thousand five hundred square feet.

3.

On arterials and collectors as defined in the circulation element of the general plan. *Does not apply to M district except when required by the city council.

B.

May Be Required When Deemed Necessary By the City Council. May be required under special conditions where large pedestrian movements are anticipated and on local collector roads.

*NOTE: The installation of frontage roads on arterials and collectors shall not preclude the sidewalk requirement.

(Prior code § 11-2-1039)

A.

Where the required improvements are not completed before the final map is approved, the subdivider shall enter into an agreement with the city council to either complete the work or initiate and consummate proceedings under an appropriate special assessment act for the financing and improvement thereof. Such agreement shall provide for the following:

1.

Time limit for completion of required improvements;

2.

Changes or alterations that become necessary during the performance of the work;

3.

Maintenance for a period of one year after the completion and acceptance thereof against any defective work or labor done, or defective materials furnished for those portions of the work which contain earth excavations or embankments in excess of eight feet;

4.

Maintenance for a period of one year after the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, for electrical and mechanical equipment required for water supply and distribution systems and sewerage collection and treatment facilities.

B.

At the request of the subdivider, the city council may renew this agreement at the expiration of this time. Such agreement shall provide for the release of the required improvement security when the conditions of the agreement are completed.

C.

To assure the city that this work will be completed, improvement security in the form of a cash deposit, faithful performance bond, instrument of credit or deposit in escrow shall be provided subject to Section 16.44.040.

D.

Assessment District Method. Where a special assessment district is formed for the purpose of financing and constructing the designated improvements, the original improvement security may be reduced in an amount not to exceed ninety percent of the contract amount thereof at such time as the contract for the work is executed.

(Prior code § 11-2-1040)

A.

Where improvements are proposed or are required by the provisions of this title, improvement plans shall be submitted to the city engineer for his review and approval. The improvement plans shall show full details of the improvements as required by the improvement standards. The improvement plans shall be prepared and signed by a registered civil engineer.

B.

During construction of the improvements this civil engineer shall be available for consultation on the general supervision of the various phases of the construction operation. He shall also be responsible for providing construction engineering and surveying to enable the work covered by the improvement plans to be completed.

(Prior code § 11-2-1041)

All underground utilities required by the final map approval to be installed below the surface improvement in public roads or alleys or easements shall be constructed prior to the installation of any surface improvements.

(Prior code § 11-2-1042)

All required improvements shall be constructed under the inspection of the city engineer and to the approval of the city council. The cost of all inspections shall be paid by the subdivider as provided in Section 16.44.020.

(Prior code § 11-2-1043)

Private Roads. Prior to the recordation of the final map of a subdivision containing any improved roads, the subdivider shall have provided for their maintenance the formation of a permanent road division formed in the manner set forth by Article 3, Division 2 of the Streets and Highways Code. The city council may waive this requirement when it finds such permanent road division would not be in the public interest, in which event the city council may impose such other provisions for maintenance which it deems appropriate.

(Prior code § 11-2-1044)

16.36.450 - Curbs, gutters and sidewalks—Requirements.

A.

Requirements.

1.

Any person constructing or arranging for the construction of any commercial building, industrial building, residential building or any other facility, or addition thereto, exceeding four hundred square feet in floor area or ground area, or any accessory building with an area greater than fifty percent of the square footage of the existing main building or facility and who is not otherwise required to make the improvements enumerated herein, shall provide for the construction of concrete curb, gutters, and sidewalks in accordance with the standard specifications of the city engineer unless adequate concrete curbs, gutters and sidewalks exist along all streets abutting the lot on which the building or facility is to be constructed, except as provided in Section 10.36.460.

2.

Curbs, gutters and sidewalks required to be constructed by this section shall be located within the street right-of-way at the locations and grades established by the city engineer.

B.

Limitation of Sidewalks Construction.

1.

Construction of sidewalks shall not be required in connection with the construction of an existing commercial, industrial, or residential building or other structure, unless the estimated cost of construction of such addition, alteration, improvement, or rehabilitation exceeds fifty percent of the estimated depreciated replacement cost of such existing building or structure, prior to the making of such addition, alteration, improvement or rehabilitation, which estimate shall be made as of the first day of March (tax lien date) immediately preceding the date as at which such construction is to commence. In the event such estimated cost of construction exceeds by fifty percent such depreciated replacement cost, then the construction of sidewalks shall be required. Nothing set forth in the foregoing shall limit the requirement for the construction of curbs and gutters.

2.

In determining the depreciated replacement cost of the building or structure as at the first day of March (tax lien date) immediately preceding the date of construction, primary reference shall be made to the records of the Fresno County assessor. In this regard, the depreciated replacement cost to be considered except for residences shall be limited to the specific building to be added to, altered or rehabilitated which are located on the same assessor's tax parcel. In this connection in determining the replacement cost for residences, out buildings including garages will be excluded.

3.

If the estimated cost of rehabilitating an existing building or structure exceeds by fifty percent such depreciated replacement cost, the construction of sidewalks, curbs and gutters shall be required, even though the floor, ground area or square footage of the existing main building is not altered.

(Ord. 210 § 1, 1979; prior code § 11-2-1045.1)

16.36.460 - Curbs, gutters and sidewalks—Delay of construction.

Notwithstanding any other provision of this title, the city engineer may delay the construction of curbs, gutters and/or sidewalks and pavement if he determines that the street grade cannot be readily established or when replacement construction of curbs, gutters, sidewalks, or pavement on block by block basis in the immediate vicinity of the proposed development appears to the engineer to be imminent, provided the property owner posts a cash bond with the city insuring the construction of curbs, gutters, sidewalks and pavement at a future date when the construction may be performed in a more efficient and expeditious manner.

(Prior code § 11-2-1045.2)

16.36.470 - Curbs, gutters and sidewalks—Improvement procedure.

A.

Any person required to make improvements by the provision of this chapter shall file with the city clerk a bond in such amount as the city engineer shall estimate and determine to be necessary to complete all of the improvements required.

B.

Such bond may be either a cash bond or a bond executed by the company authorized to act as a surety in this state. The bond shall be payable to the city and be conditioned upon the faithful performance of any and all work required to be done and should the work not be done or completed within the time specified, the city may, at its option, cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The bond shall be executed by the owner of the lot as principal and, if a surety bond, shall also be executed by a corporation authorized to act as a surety under the laws of the state. Security permitted under the subdivision law will also be allowed.

(Prior code § 11-2-1045.3)

A.

The building officer shall deny final approval and acceptance on final public utility connections to any commercial building, industrial building, residential building, or any other facility until such concrete curbs and gutters, or concrete curbs, gutters, and sidewalks are constructed, or their construction is guaranteed by cash deposited with the city in a sum determined by the city engineer, based upon the number of lineal feet of concrete curbs, gutters and sidewalks to be installed.

B.

Whenever the owner elects to deposit a cash bond, the city is authorized in the event of any default on his part to use any or all of the deposit money to cause all of the required work to be done or completed and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner.

C.

When a substantial portion of the required improvement has been completed to the satisfaction of the city engineer and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the city engineer may accept the completed portion and consent to a proportionate reduction of the security bond in an amount estimated and determined by the city engineer to be adequate to assure the completion of the required improvements remaining to be made.

(Prior code § 11-2-1045.4)

Chapter 16.40 - EXCEPTIONS

Sections: