Chapter 18.24 — DEDICATION AND IMPROVEMENTS

The city council may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access.

(Code 1972, § 18.24.010; Ord. No. 543, § 1(part), 1981)

As a condition of approval of a subdivision or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys including access rights and abutters' rights, drainage, public utility easements, and other public easements.

(Code 1972, § 18.24.020; Ord. No. 543, § 1(part), 1981)

(a)

Prior to the approval by the city council of any final parcel or subdivision map or the acceptance of the dedication of any of the streets, alleys or other public places shown thereon, the owner or subdivider shall enter into a contract with the city for the improvements within one year after the approval by the city council of the final map, of all streets, alleys and public ways described on the final map and thereby dedicate to public use, which contract shall be secured as specified in chapter 18.28 in an amount to be fixed by the city council as the estimated cost of installing such improvements. The city council may, upon

written application, grant extensions of one-year periods. The contract may provide for construction of the improvements by the subdivider, in which case such deposit shall be treated as a bond, or the contract may provide for the construction by the city, in which event, the deposit shall be treated as payment for the construction by the subdivider, and if the same is not completed within one year after approval of the final map, then the city shall have authority to make the improvements and apply the deposit to the cost thereof.

(b)

Plans and specifications for the improvements shall be subject to the approval of the city engineer as to compliance with existing city standards and requirements, or, if none exist, with usual and accepted standards customarily applied to such improvements. Plans and specifications for streets shall comply with the city's circulation element of the general plan and/or the requirements of the city engineer. Construction of improvements shall be subject to the inspection and approval of the city engineer as to conformity with such plans, specifications, standards and requirements.

(Code 1972, § 18.24.030; Ord. No. 543, § 1(part), 1981)

Improvements shall be required for all divisions of land and shall consist of the following as specified:

(1)

Parcel maps or subdivision maps creating lots or parcels of land of one acre or less in size and subdivision maps of five or more lots or parcels of land containing one acre or less in size, based upon net acreage (the term "net acreage" means that property exclusive of road easement and rights-of-way):

a.

Grading of streets, alleys and other public places to the grade established or approved by the city engineer, and installation of all necessary crossings, culverts, bridges, drains and similar works necessary to put such streets, alleys and other public places in a condition for public use, subject to the approval of the city engineer;

b.

Construction and installation of concrete curbs, gutters and sidewalks on each street;

c.

Installation of gas mains, water mains and water services, sewer and sewer laterals, and installation of underground utilities shall be completed before street pavements are laid. Fire hydrants shall be installed as part of the installation of water mains and laterals;

d.

Paving each street with a plant mix surface and seal coat conforming to city standards and specifications, such surfacing to be not less than 2½ inches thick. Minimum paving width shall be as directed by the city engineer, but in no case shall the paving be less than 24 feet in width;

e.

Street lighting in accordance with standards adopted by the city;

f.

The setting of all monuments as required by the final map;

g.

Sewer mains and laterals may be waived, on a temporary basis, where the city council determines that the lots or parcels may be served by septic tanks and that it is impractical to connect them to the city sewer system and that water quality control board standards are met. In all cases, water quality control board standards shall apply;

h.

Utility lines shall be placed underground.

(2)

Parcel maps or subdivision maps creating lots or parcels of land greater than one acre in size but less than five acres in size based upon gross acreage ("gross acreage" is that property inclusive of road easement and rights-of-way):

a.

Grading of streets, alleys and other public places to the grade established or approved by the city engineer, and installation of all necessary crossings, culverts, bridges, drains and similar works necessary to put such streets, alleys and other public places in a condition for public use, subject to the approval of the city engineer;

b.

Installation of gas mains, water mains and water services, sewer mains and sewer laterals either individually or severally when master service lines exist within 1,000 linear feet of the property being divided, and installation of underground utilities, shall be completed before street improvements are laid. Fire hydrants shall be installed as part of the installation of water mains and laterals;

c.

Paving of streets with asphaltic overlay in accordance with the city standards; width of pavement shall be not less than 24 feet;

d.

Street lighting in accordance with standards adopted by the city;

e.

The setting of all monuments as required by the final map;

f.

Under the following described particular circumstances, the city council may waive the specified improvements:

1.

Installation of water and gas mains and laterals when service access is not available within 660 feet of the property being divided;

2.

Sewer mains and laterals where the city council determines that the lots or parcels may be served by septic tanks and that it is impractical to connect them to the city sewer system and that water quality control board standards are met. In all cases, water quality control board standards shall apply;

3.

Street lighting when the city council determines the same shall not be beneficiary and necessary to the development.

(3)

Parcel or subdivision maps creating lots or parcels of land five acres or greater in size. Improvements shall be based upon gross acreage (the term "gross acreage" means that property inclusive of road easements and rights-of-way):

a.

Grading of streets, alleys and other public places to the grade established or approved by the city engineer, and installation of all necessary crossings, culverts, bridges, drains and similar works necessary to put such streets, alleys and other public places in a condition for public use, subject to the approval of the city engineer. Graded street widths shall not be less than 24 feet, and shall consist of six inches of compacted class three aggregate base material;

b.

Installation of gas mains, water mains and water services, sewer lines and laterals are appropriate to service the property to be divided when master service lines exist within 1,000 feet of the property to be divided. Fire hydrants shall be installed as part of the installation of water mains and laterals;

c.

The setting of all monuments as required by the final map;

d.

Under the following described particular circumstances, the city council may waive the specified improvements:

1.

Sewer mains and laterals where the city council determines that the lots or parcels may be served by septic tanks and that it is impractical to connect them to the city sewer system and that water quality control board standards are met. In all cases, water quality control board standards shall apply;

2.

Installation of gas and water mains and laterals where service access is not available within 660 feet of the property being divided.

(4)

Parcel or subdivisions maps creating lots or parcels of land in commercial or industrial zones, regardless of parcel size: Required improvements shall conform to those required under subsection (1) of this section.

(Code 1972, § 18.24.040; Ord. No. 543, § 1(part), 1981; Ord. No. 683, § 1, 1987)

Whenever annexation of territory to the city has prevented the filing of a final map of a subdivision, the tentative map of which was approved in the prior jurisdiction, the city council in approving a subsequent map in substantially the same form submitted under this title, may consent to the omission of improvements not required by the prior jurisdiction and to deviation from city standards to the extent consistent with prior approval.

(Code 1972, § 18.24.050; Ord. No. 543, § 1(part), 1981)

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements, pursuant to the provision of the Subdivision Map Act.

(Code 1972, § 18.24.060; Ord. No. 543, § 1(part), 1981)

(a)

A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings, shall be submitted to the city engineer for every subdivision, except as hereinafter provided.

(b)

A preliminary soils report may be waived by the city engineer providing the city engineer finds that due to the knowledge the city has as to the soil qualities of the soils in the subdivision, no preliminary analysis is necessary.

(c)

If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the city engineer. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist.

(d)

The city engineer may approve the subdivision or portion thereof where such soils problems exist if he determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(Code 1972, § 18.24.070; Ord. No. 543, § 1(part), 1981)

(a)

At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey.

(b)

All monuments necessary to establish at least one exterior boundary of the subdivision shall be set or referenced prior to recordation of final map.

(c)

Interior monuments need not be set at the time the map is recorded if the engineer or surveyor certifies on the map that the monument will be set on or before a specified later date, and if the subdivider furnishes the city security guaranteeing the payment of the cost of setting such monuments.

(Code 1972, § 18.24.080; Ord. No. 543, § 1(part), 1981)

CHAPTER 18.28. - IMPROVEMENT SECURITY