Porterville Municipal Code § 407.02 Improvements

A. Purpose. The purpose of this chapter is to establish the dedications and reservations that the city may impose on a subdivider as a condition for approval of a tentative map.

B. Required Dedications. When required as a condition for approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision that is needed for streets, alleys, including access rights and abutter’s rights, drainage easements, elementary school sites, parks, and other easements and parcels of land intended for public use according to the standards listed below.

1. Streets. The subdivider shall dedicate land for streets according to adopted City Standards. Partial streets shall be discouraged in developments except in those situations where warranted and when approved by the City Engineer in accordance with the following:

a. Where a full pavement street is constructed along the perimeter of a subdivision, the subdivider be compensated for this construction by reimbursement agreement between the subdivider, the city and the adjoining property owner when development occurs on his property.

b. Where a partial street configuration is allowed, the outside edge shall be a thickened design approved by the City Engineer, and shall be designed to accommodate the orderly development of adjacent undeveloped property. No parking signs shall be posted by the subdivider if there are no lots fronting on the partial street.

c. Partial street dedications and improvements shall be wide enough to permit two (2) lanes of traffic and on-street parking on one (1) side.

2. Waiver of Direct Access Right. The Engineering and Project Management Director may require that offers of dedication of streets include a waiver of direct access rights from any property shown on the final map as abutting thereon.

3. Public Easements. The subdivider shall dedicate easements of ten (10) feet in width for public utility, sanitary sewer, water, and drainage purposes on each side of rear lot lines, along side lot lines, and in planting strips wherever necessary. Easements of different width may be required, based on the Engineering and Project Management Director’s determination.

4. Drainage Facilities. In accordance with Government Code Section 66483, the city, as appropriate and as permitted by law, shall require payment of fees for purposes of defraying the costs of constructing master planned drainage facilities if any part of the land division is located within a master planned drainage area. Fees required pursuant to this section and associated with residential, commercial, and/or industrial developments shall be paid consistent with the provisions of Section 66007 of the California Government Code.

5. Bicycle Paths. When required as a condition for approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land that is needed to provide bicycle paths for the use, safety, and benefit of the residents of the subdivision.

6. Bridges and Major Thoroughfares. If a land division or any portion thereof lies within an area of benefit established in accordance with this Ordinance or any other city ordinance adopted in accordance with Section 66484 of the Subdivision Map Act, the subdivider shall pay to the city the apportioned fees applicable to that portion of the land division lying within such area of benefit, in accordance with the requirements of subparagraph d below.

a. Considerations In Lieu of Fees. The City Council may allow any subdivider to furnish a consideration in lieu of payment of the fees mentioned in the preceding paragraph, if the Council finds that such consideration has a value not less than the fees that would otherwise be payable. The form of consideration in lieu of fees may include, but shall not be limited to, any of the following or a combination thereof:

(1) Construction of all or part of a bridge project or major thoroughfare project, as the case may be, for which the area of benefit was established.

(2) Dedication or conveyance of all or part of the site or right-of-way required for major construction of a bridge project or major thoroughfare project, as the case may be, for which the area of benefit was established.

b. Value In Excess of Fees. If the City Council finds that the consideration in lieu of fees has a value in excess of the amount of fees that would be otherwise payable, the Council may enter into an agreement with the party furnishing such consideration for reimbursement of the amount of such excess from moneys, then in or which may later accrue to, the fund into which such party would have been required to pay fees but for such consideration in lieu of fees, and to reimburse such party from such fund in accordance with such agreement.

c. Requirement to Construct Facilities. The city shall require a subdivider to construct any necessary bridge facilities, major thoroughfares, parts thereof, or contribute to bridge facility or major thoroughfare costs if the City Council finds that:

(1) The subdivider’s cost or contribution would not exceed the cost of a local facility in lieu of such bridges or major thoroughfares; or

(2) A proceeding has been commenced for establishing an area of benefit for such bridge project or major thoroughfare project and has been abandoned by reason of majority protest, and that there is a reasonable probability that use of a local facility in lieu of such bridge would by reason of traffic, including but not limited to traffic which may be generated by such land division, constitute a hazard to public safety.

d. Establishing Area of Benefit. In accordance with Section 66484(d) of the California Government Code, an area of benefit as referred to in this section shall be established in the following manner:

(1) The City Council shall hold a public hearing for each area of benefit to be established. Notice of such hearing shall be given in accordance with Government Code Section 65091. Such notice shall contain preliminary information related to the boundaries of the proposed area of benefit, the estimated cost of the bridge project or major thoroughfare project, as the case may be, the proposed allocation to the area of benefit, and the proposed method of fee appointment. Such notice shall also state the date, time and place of the public hearing, and that written protests may be filed as provided in this section.

(2) Owners of property within the proposed area of benefit may file written protests with the City Clerk at any time prior to the date and time fixed for such public hearing. Any protest may be withdrawn by the owner of the land making the protest by a request in writing filed with the City Clerk at any time prior to conclusions of such public hearing.

(3) If a written protest by the owners of more than one-half (.5) of the area of the property to be benefited by the improvement, against establishment of such area of benefit or against the proposed improvements or acquisitions, is not withdrawn prior to the conclusion of the hearing, then the proceedings shall be abandoned. In such event, the City Council shall not, for at least one (1) year from the date of such hearing, commence or carry on any proceedings for establishment of an area of benefit for the same improvements or acquisitions.

(4) If a written protest by the owners of more than one-half (.5) of the area of the property to be benefited by the improvement, is not withdrawn prior to the conclusion of the hearing, against only a portion of the proposed improvement or acquisition, then the proceedings shall be abandoned with respect to the proposed improvement or acquisition that has been protested against. In such event, the City Council shall not, for at least one (1) year from the date of such hearing, commence or carry on any proceedings for the establishment of an area of benefit for the improvement or acquisition so protested against. Nothing in this subsection shall be deemed to prohibit the Council, within such one (1) year period, from commencing or carrying on new proceedings for the establishment of an area of benefit for the part of the improvement or acquisition protested, if it finds by the affirmative vote of at least four-fifths (4/5) of its members, that the owners of more than one-half (.5) of the area of the property to be benefited are in favor of going forward with such portion of the improvement or acquisition.

(5) At such public hearing, the City Council shall determine whether to establish such area of benefit, and if so, shall adopt a resolution prescribing the boundaries of the area of benefit, stating the cost, whether actual or estimated, a fair method of allocation of costs to the area of benefit, and a fair apportionment of fees. A certified copy of such resolution shall be filed for record with the county recorder.

(6) In case of a requirement for any bridge, the City Council shall find that, prior to said public hearing, the city has adopted at least thirty (30) days prior to the filing of any tentative map, a circulation element as part of the General Plan, which identifies railways, freeways, streams or canyons for which bridge crossings are required, and that the bridge or each bridge for which such area of benefit is established is one necessary to satisfy such bridge crossing requirement in such element or provisions of the general plan.

(7) In case of a requirement for any major thoroughfare, the City Council shall find that, prior to said public hearing, the city has adopted at least thirty (30) days prior to the filing of any tentative map, a circulation element as part of the General Plan that identifies those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system, and that the major thoroughfare or section thereof for which such area of benefit is established is one so identified in such circulation element.

(8) The resolution adopted by the City Council shall require that the apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of any final map or any parcel map or a condition to issuing a building permit thereon, consistent with the provisions of Section 53077.5 of the Government Code.

(9) The area of benefit may include land or improvements in addition to the land or improvements that are the subject of any map or building permit application considered at such hearing.

(10) Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the City Council shall make provisions for payment of the share of improvement costs apportioned to such lands from other sources.

(11) In the case of major thoroughfares, the method of fee apportionment shall not provide for higher fees on land that abuts the proposed improvement, except where the abutting property is provided direct usable access to the major thoroughfare.

(12) In case of major thoroughfares, the payment of fees shall not be required unless the major thoroughfare is in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of establishment of the zone of benefit.

(13) In the case of a planned bridge facility, the payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area of benefit or is an addition to an existing bridge facility serving such area at the time of establishment of the zone of benefit. No fees contributed shall be expended to reimburse the cost of construction of any bridge existing at the time of establishment of the zone of benefit.

e. Planned Bridge Facility Fund. A planned bridge facility fund shall be established for a bridge project within an area of benefit, or if the area of benefit is one in which more than one (1) bridge is required to be constructed, a fund shall be established covering all such bridge projects. Fees paid pursuant to this section on account of a bridge or bridges within an area of benefit shall be deposited into the fund for such area.

f. Planned Major Thoroughfare Fund. A planned major thoroughfare fund shall be established for each planned major thoroughfare project and each particular area of benefit which it benefits. Fees paid pursuant to this section on account of a major thoroughfare project within an area of benefit shall be deposited into the fund for such area.

g. Expenditure of Bridge and Major Thoroughfare Facility Funds. Moneys in such funds shall be expended solely for the construction of the improvement project serving the area to be benefited as follows:

(1) To reimburse the city for costs advanced or incurred by it for construction of such improvement project or any portion thereof; and

(2) To reimburse any subdivider for the agreed portion of his or her costs of construction of such improvement project, or portion thereof, in accordance with a reimbursement agreement entered into with the city, as mentioned in subparagraph b above.

(3) In the event that monies in such funds are insufficient to accomplish all of the purposes that this section lists, such monies in the fund shall be apportioned to each such purpose on a pro rata basis.

h. Project Completion. After completion of all bridge facility projects for which a planned bridge facility fund has been established or all major thoroughfare projects for which a planned major thoroughfare fund has been established, or in the event of abandonment of any such project, and after reimbursement of the city and each subdivider entitled thereto under a reimbursement agreement, as mentioned in subparagraph b above, the City Council shall determine by resolution the amount of the surplus, if any, remaining in any such funds or as may accumulate in such funds from time to time. The City Council shall order any such surplus refunded as follows:

(1) There shall be refunded to the current owners of property for which a fee was previously collected the balance of such monies in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular area of benefit For the purposes of this paragraph, the term “property for which a fee was previously collected” shall be deemed to include land within any land division with respect to which such fees were paid as a condition to its approval and any building with respect to which such fees were paid as a condition to issuing a building permit therefor. For purposes of this paragraph, the term “fee collected” shall include, in the case of a subdivider who has entered into a reimbursement agreement with the city, the aggregate amount of cash fees and the value of the consideration in lieu of fees furnished by such subdivider.

(2) Where property for which a fee was previously collected has subsequently been subdivided into more than one (1) lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected.

(3) There shall be transferred to the city general fund any remaining portion of the surplus that has not been paid to or claimed by the persons entitled thereto within two (2) years from the date of adoption of the resolution declaring a surplus.

(4) For the purposes of this paragraph, the term “fee collected” or any variation thereof, shall also be deemed to include the amount of fees that would have been payable by a subdivider but for furnishing consideration in lieu of fees.

i. Advances and Voluntary Contributions. The City Council may authorize advancement of money from the city general fund or from the road fund to pay the cost of constructing any bridge project or major thoroughfare project and may reimburse such fund or funds for such advances from the planned bridge facility fund or the planned major thoroughfare fund established to finance the construction of such improvements.

(1) Nothing in this section shall be deemed to preclude the city from providing funds for the construction of bridge facilities or major thoroughfares to defray costs not allocated to an area of benefit.

(2) Nothing in this section shall be deemed to preclude the subdivider from volunteering to construct a bridge or major thoroughfare or part thereof, or to contribute to the cost thereof, in excess of the cost of a local facility, nor to preclude the city from participating in such construction or carrying out such construction using money so contributed.

7. Transit Facilities. When required as a condition for approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of a subdivision.

8. Railroad and Grade Crossings. The City Council or the Parcel Map Committee shall review proposed subdivision plans with respect to existing railroad crossings and proposed or likely grade separations or other such facilities and shall require such changes as may be necessary to ensure that the design and improvement of the subdivision does not interfere with such future grade separations or other measures. The subdivider shall dedicate or make an irrevocable offer for dedication of the rights-of-way required for any grade separation or similar improvement that the General Plan Circulation Element proposes.

9. Solar Access Easements. At such time as the city has adopted solar access standards, and when required as a condition for approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of easements for the purpose of assuring that each parcel or unit in the subdivision for which approval is sought has the ability to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. The dimensions and locations of such easements shall be in accord with any standards for solar access adopted by the City Council.

10. Parkland. As a condition of approval of a tentative map, the city shall require the subdivider to dedicate or make an irrevocable offer of dedication of land, to pay a fee in lieu thereof, or a combination of both, for neighborhood and community open space, park and recreational purposes. In order to conform to the policies of the General Plan and maintain existing standards for parks and recreation facilities, the park area required to be dedicated shall be equal to the ratio of the ultimate population of the subdivision to the current population of the city multiplied by the total park area within the city’s planning area at the time of filing of the tentative but in no case shall be less than three (3) acres of park area per one thousand (1,000) persons nor more than five (5) acres per one thousand (1,000) persons who will live in the subdivision, calculated as follows:

a. The ultimate population of the subdivision is based upon the approved residential density and the average household size for the type of unit;

b. Total population of the city shall be as reported in the most recent available federal census;

c. Current park acreage shall be the amount of neighborhood and community park acreage identified in the General Plan or any more recent records, maps, or reports.

11. Elementary School Sites. As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one (1) or more subdivisions within one (1) or more school districts maintaining an elementary school may be required to dedicate to the school district or districts such lands as the district shall deem necessary for the purpose of constructing elementary schools necessary to assure the residents of the subdivision adequate elementary school service.

a. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty (30) days after the requirement of dedication is imposed by the city the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time, before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

b. Payments to Subdivider. The school district shall, if it accepts the dedication of land, repay the subdivider the original cost of the dedicated land, plus a sum equal to the total of the following:

(1) Improvement Costs. The cost of any improvements to the dedicated land since acquisition by the subdivider;

(2) Assessed Taxes. The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept the dedication;

(3) Other Costs. Any other costs incurred by the subdivider to maintain the dedicated land, including interest costs incurred on any loan on the land.

c. Exceptions. The requirements for dedication shall not apply to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative map.

C. Acceptance of Dedications. At the time the city approves a final map or parcel map, the city shall also accept subject to improvement, or reject, any offer of dedication. The Council or the Engineering and Project Management Director, on behalf of the City Council pursuant to Section 1806 (c) of the Streets and Highways Code, may accept said dedications. The City Clerk shall certify or state on the map the city’s action.

1. Offers of Dedication. If at the time the final map is approved, any streets, paths, alleys, or storm drainage easements are rejected, the offer shall remain open and the Council or the Engineering and Project Management Director may, by resolution at any later date and without any further action by the subdivider, rescind the city’s action and accept and open the streets, paths, alleys or storm drain easements for public use which acceptance shall be recorded in the office of the county recorder. Dedications and acceptance or rejection of parcels of land for elementary school sites, public utility and other easements on parcels of land not previously specified shall be in accordance with the provisions of the Map Act.

2. Termination of Offers. Offers of dedications may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code.

D. Recording Dedications. The city shall record a certificate with the county recorder for any dedication in fee for public purpose or for making public improvements or constructing public facilities, other than for open space, parks, or schools. The certificate shall be attached to the map and shall contain all of the following:

1. The name and address of the subdivider dedicating the property.

2. A legal description of the real property being dedicated.

3. A statement that the city shall reconvey the property to the subdivider if the city makes a determination that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.

E. Reservations.

1. General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.

2. Standards for Reservation.

a. Such requirement is based upon an adopted specific plan or an adopted General Plan containing policies and standards for those uses, and the required reservations are in accordance with those policies and standards.

b. The ordinance has been in effect for a period of at least thirty (30) days prior to the filing of the tentative map.

c. The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.

d. The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible. The reservation area shall conform to the adopted specific plan or General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices.

3. Procedure. The city shall, at the time of approval of the final map or parcel map, enter into an agreement to acquire such reserved area within two (2) years after completion and acceptance of all improvements required as a condition of such map, unless such period of time is extended by mutual agreement.

4. Payment. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

5. Termination. If the city does not enter into a binding agreement, the reservation of such area shall automatically terminate. (Ord. 1870, 6-2-2020)

A. General Requirements. The subdivider shall install improvements in accord with the general requirements set forth in this chapter; provided, however, the Engineering and Project Management Director may require changes in typical sections and details if unusual conditions arise to warrant such changes.

B. Standard Specifications. All improvements shall conform to the requirements contained in the City of Porterville Standard Plans and Specifications, Standard Specifications for Public Works Construction, Caltrans Standard Specifications for street structural section components, and Work Area Traffic Control Handbook, as all of same now exist or are subsequently amended. Copies shall be maintained on file in the office of the City Clerk and the Engineering and Project Management Director.

C. Improvement Plans. Construction of improvements shall not commence until calculations, plans, profiles, and specifications for such work have been submitted to and approved by the City Engineer or Engineering and Project Management Director. Such items shall be approved prior to recording the final map. Construction of all improvements shall conform to the approved improvement plans and specifications and approved amendments thereto. After construction is completed, the subdivider’s engineer shall show all changes made on the original set of plans and provide them to the city marked “as built plans.”

D. Improvement Construction Inspection and Supervision. All improvements shall be inspected and approved by the Engineering and Project Management Director or its authorized representative. The subdivider shall be responsible for the actions of its contractor. Twenty-four (24) hours minimum notice will be required prior to an inspection by city personnel.

E. Plan Check and Inspection Fees. Subdivider shall be required to pay a plan check and inspection fee which shall include all charges for engineering and inspection services and rendered by the city. The plan check and inspection fee shall be as indicated in the City Comprehensive Fee Schedule.

F. The plan check fee shall be paid prior to commencement of plan checking by the city. The inspection fee shall be paid prior to any construction work requiring inspection.

G. Required Improvements Enumerated. The subdivider shall improve, or agree to improve, all streets, highways, or ways in or adjacent to the subdivision. All improvements shall be installed to permanent line and grade in accordance with the approved improvement plans for that subdivision on file with the Engineering and Project Management Director. Improvements which the subdivider shall make, or agree to make, at the cost of the subdivider, shall be as follows:

1. Underground Utilities. All utility distribution facilities, including but not limited to electric, communication, and cable television lines installed in and for the purpose of supplying service to any subdivision, shall be placed underground in accordance with the utility’s rules and regulations on file with the California Public Utilities Commission. Equipment appurtenant to underground facilities, such as surface-mounted transformers, street light poles, pedestal mounted terminal boxes and meter cabinets and concealed ducts may be installed above the surface of the ground. The subdivider is responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. All underground utilities, sanitary sewers, and storm drains installed in streets, service roads, alleys or highways shall be constructed in accordance with the standard specifications prior to the surfacing of such street, service road, alley or highway. Service connections for all underground utilities and sanitary sewers shall be placed in such length as will obviate the necessity for disturbing the street or alley improvements when service connections thereto are made.

2. Streets. All streets shall be graded and surfaced to cross sections and grades approved the Engineering and Project Management Director.

3. Structures. Structures shall be installed as required for drainage, access and/or public safety. Such structures shall be placed to grades and shall be of a design approved by the Engineering and Project Management Director.

4. Grading and Drainage. Site grading and drainage taking into consideration the drainage pattern of adjacent improved and unimproved property and treating upstream areas, where appropriate, as though fully improved.

5. Sidewalks, Curbs, Gutters and Driveway Approaches. Curbs, gutters, sidewalks and driveway approaches shall be installed to grades approved by the Engineering and Project Management Director.

6. Sanitary Sewers. Sanitary sewer facilities connecting with the existing city sewer system shall be installed to serve each lot and to grades, locations, design and size approved by the Engineering and Project Management Director. No septic tanks or cesspools shall be permitted.

7. Storm Drains. Storm water sewers shall be installed as required by the Engineering and Project Management Director.

8. Water Supply. Each unit or lot within the subdivision shall be served by an approved public domestic water system.

9. Fire Flow and Fire Hydrants. As provided in the California Fire Code, an approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed. The required fire flow shall be determined by the Fire Chief.

a. The location, number, and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises to be protected as required and approved by the Fire Chief. All hydrants shall be accessible to the Fire Department by access roadways meeting California Fire Code requirements for “Access Roadways for Fire Apparatus”. Such fire protection facilities including all surfaces access roads shall be installed and made serviceable by the subdivider prior to the time of construction.

b. When fire hydrants density, as determined by the hydrant spacing requirement, is not sufficient to provide the required fire flow, additional fire hydrants may be required by the Fire Chief.

c. Design, locations, and layout of water mains and fire hydrants shall be approved by the Engineering and Project Management Director and the Fire Chief, and shall be installed by the subdivider.

10. Subdivision Trees. Subdivision trees and landscaping design shall be approved by the city and shall be planted at a time and in locations approved by the Parks and Leisure Services Director, all in general accord with the requirements of the Porterville Municipal Code.

a. At least one (1) tree shall be planted on each residential lot. Five (5) gallon trees shall be installed upon all lots abutting interior, local and collector street, and fifteen (15) gallon trees shall be planted upon parcels having frontage on arterial thoroughfares.

b. The subdivider shall be required to plant street trees at thirty-five (35) feet on center along all parkways (including median island parkways and parkway strips located between the sidewalk and back of curb) within and/or bordering the subdivision.

11. Street Signs. Street signs shall be installed by the city at the subdivider’s expense. Any required barricades to prevent traffic access at dead-end streets shall be provided by the subdivider in accord with the standard specifications.

12. Street Lights. Street lights shall be installed by the subdivider at locations designated by the City Engineer.

13. Railroad Crossings. Provisions shall be made for any and all active rail lines necessary to provide access to, or circulation with, the proposed subdivision, including the preparation of all documents necessary for application to the Public Utilities Commission of the State of California for the establishment and improvement of such crossing.

14. Lot Corners. The subdivider’s engineer shall set at all lot corners a marker consisting of a one (1) inch diameter iron pipe eighteen (18) inches long, with the surveyor or engineer’s marker thereon.

15. Benchmarks. The subdivider’s engineer shall set at least two (2) bench marks in the subdivision tied to North American Vertical Datum of 1988.

16. Temporary Drainage Reservoir lots. Temporary drainage reservoir lots, when approved, shall be designed and constructed to the requirements of the Engineering and Project Management Director and the Parks and Leisure Services Director.

17. Others. Other improvements deemed necessary by the City Council for the public health, safety or welfare.

H. Agreement for Installation of Improvements. Prior to the approval by the City Council of the final map, the subdivider shall execute and file an agreement between the subdivider and the city, specifying a period of time, agreeable to the Engineering and Project Management Director, which shall be not greater than one (1) year, within which all improvement work shall be completed to the satisfaction of the Engineering and Project Management Director, and providing that if the subdivider shall fail to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the Engineering and Project Management Director or designee and reimbursement to the city by the subdivider for the cost of such inspection. Such agreements may also provide:

1. For the construction of the improvements in units.

2. For an extension of time under conditions therein specified.

3. For the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the Engineering and Project Management Director to be at least the equivalent of the improvements specified in such agreement and required to be constructed by the subdivider.

4. For progress payments to the subdivider, or his order, from any deposit money which the subdivider may have made in lieu of providing a surety bond, as provided in this chapter; provided, however, that no such progress payment shall be made for more than ninety (90) percent of the value of any installment of work, and provided that each such installment of work shall be completed to the satisfaction of the Engineering and Project Management Director.

5. The subdivider to arrange a preconstruction conference with the city, involving representative(s) of all contractors who are to work on the improvements, one (1) week prior to the initial start of construction.

6. The subdivider to give the city twenty-four (24) hours’ notice to restarting work if no construction work has been done for two (2) or more prior work days.

I. Construction of Improvements Absent Subdivision Agreement. If the subdivider chooses to construct improvements absent a subdivision agreement, pertaining to the improvements to be constructed, as specified in Section 407.02(g), Agreement for Installation of Improvements, then the subdivider shall execute and file a preliminary subdivision agreement between the subdivider and the city. The preliminary subdivision agreement shall specify a period of time, not to exceed one (1) year, within which all improvements shall be completed, and providing that if the subdivider shall fail to complete such work within such period, the city may increase inspection fees to recover any additional inspection costs incurred by the city. Such agreements may also provide for:

1. The subdivider to arrange a preconstruction conference with the City, involving representative(s) of all contractors who are to work on the improvements, one (1) week prior to the initial start of construction.

2. The subdivider to give the City twenty-four (24) hours’ notice to restarting work if no construction work has been done for two (2) or more prior work days.

J. Improvement Security.

1. Security. The subdivider shall file with the agreement required by the provisions of subsections (g) and (h) above, to assure his full and faithful performance thereof, a bond or security for such sum as the Engineering and Project Management Director deems sufficient to cover the cost of the improvements.

2. Security, Form, and Amount. Such security shall be in the manner, form, and kind provided by the Map Act and acceptable to the city attorney. The security shall be in the amount of one hundred (100) percent of the estimated cost of the improvements, conditioned upon the faithful performance of his agreement by the subdivider, and in the additional amount of one hundred (100) percent of such sum securing the payment by the subdivider to his contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for improvements. The security provided shall guarantee maintenance and/or repair of all defects in required public improvements for a period of one (1) year following acceptance of said improvements by the city. In lieu of a one hundred (100) percent performance bond and one hundred (100) percent labor and materials bond, surety may be assured by the filing of a letter of credit, cash deposit, or deposit of negotiable bonds, which creates a trust fund in an amount equal to one hundred and ten (110) percent of the cost of the work estimated by the Engineering and Project Management Director. Said trust fund shall be maintained in a financial institution subject to regulation by the state and federal government with the trust fund limited to the following conditions:

a. Ten (10) percent of the cost, representing a labor and materials deposit, to be retained for thirty-five (35) days after the filing of the notice of completion.

b. Funds may be discharged from the balance of the surety account from time to time as work is completed, up to ninety (90) percent of value of work completed, with authorization of the Engineering and Project Management Director until all work is completed and the notice of completion is filed; at which time the remaining funds shall be released thirty-five (35) days thereafter.

c. Prior to final acceptance by the city of improvements, the subdivider shall provide the city with a one (1) year maintenance bond in the amount of five (5) percent of the estimated cost of improvements.

3. Completion of Work by City. In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this Series and the city shall have completed the same, or if the subdivider shall fail to reimburse the city for the cost of incidental expenses or to cover the cost of replacement and the repair of existing streets or other improvements damaged in the development of the subdivision or requiring repair or replacement during the one (1) year guarantee period, the city shall demand performance of the agreement by the subdivider to do such work and reimburse itself for the cost of work agreed to be performed by the subdivider. If the amount of the surety bond or cash deposit exceeds all costs and expenses incurred by the city, the city shall release the remainder of such bond or certification, less the cost and expense incurred by the city. The subdivider shall be liable to the city for any costs additional to those secured in an action to be brought therefore by the city.

K. Supplemental Improvements.

1. Required. 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. Supplemental size, capacity or number shall mean that size, capacity or number in excess of the minimum standard city requirements.

2. Improvement Security. When constructing off-site improvements, the subdivider shall file a bond or security in accordance with subsection (i) above for such sum as the City Engineer deems sufficient to cover the cost of the improvements to assure his full and faithful performance thereof.

3. Reimbursement Agreement. The city shall enter into an agreement for reimbursement to the subdivider. However, the subdivider shall be reimbursed only for that portion of the cost of such improvements equal to the difference between the amount it would cost the subdivider to install improvements to serve the subdivision only, and the actual cost of oversize improvements or in the case of Master Plan facilities, the subdivider is entitled to one hundred (100) percent of the reimburse cost.

4. Non-Master Plan Reimbursement Procedures. The subdivider shall submit a written request, along with supporting documentation to the Engineering and Project Management Director. To pay the cost of such reimbursement, the City Council may at its discretion:

a. Immediately reimburse the subdivider for the entire cost of oversizing and thereafter levy a charge upon the real property benefitted thereby; or

b. Collect a reasonable use charge for the account of the subdividers from persons not within the subdivision using the oversized improvements.

5. Master Plan Reimbursement Procedures. Upon the expiration of thirty (30) days from the date of the notice of completion, money may be disbursed from the master plan facilities construction fund to pay for or to reimburse others for the cost of all the work referred to in said notice of completion; said money disbursed shall be the actual value of the work completed, as determined by the Engineering and Project Management Director. The developer shall submit all documentation necessary to support final payment within ninety (90) days of the filing of the notice of completion. Failure to do so may void developer’s right to request reimbursements.

L. Utility Fees and Off-Site Charges.

1. The subdivider shall pay utility fees for sewer, water and storm drainage as may be required by applicable Council resolution or ordinance.

2. Engineering plan checking, inspection fees, final map review fee, and off-site charges, i.e., street signs, stop signs, pavement markings, etc., shall be paid prior to approval of the subdivision agreement by the City Council. (Ord. 1870, 6-2-2020)

A. Streets and Highways.

1. The street and highway design shall conform both in width and alignment with any general plan circulation element, precise street plans and other precise plans adopted by the City Council, and right-of-way for any such street or highway indicated on the General Plan or precise plans shall be dedicated to the city by the subdivider.

2. Streets and highways not otherwise designated on the Circulation Element of the General Plan shall not be less than those set forth in this section, except where it can be shown by the subdivider that the topography of the land is such as to justify narrower width. Increased widths may be required for bicycle lanes and, when determined necessary, by the City Council in the public interest. Approval or determination of street classification shall be made by the City Council.

a. Major arterial/major thoroughfare rights-of-way shall not be less than one hundred sixteen (116) feet in width.

b. Minor arterial/minor thoroughfare rights-of-way shall not be less than ninety-four (94) feet in width.

c. Collectors without on-street parking rights-of-way shall not be less than fifty-four (54) feet in width.

d. Collectors with median and without on-street parking rights-of-way shall not be less than sixty-five (65) feet in width.

e. Collectors with on-street parking rights-of-way shall not be less than sixty- eight (68) feet in width.

f. Local residential rights-of-way shall not be less than fifty-six (56) feet in width.

g. Local commercial street rights-of-way shall not be less than sixty (60) feet in width.

h. Cul-de-sac or other dead-end street (that will not provide future access) serving less than ten (10) homes shall not be less than forty-seven (47) feet in width.

3. Relationship to Existing Streets. The street system in the proposed subdivision shall relate functionally to the existing streets in the area adjoining the subdivision and be designed to maximize access points to existing local and collector streets.

4. Center Lines. The center lines of all streets, wherever practicable, shall be the continuations of the center lines of existing streets, or shall be offset at least one hundred fifty (150) feet.

5. Intersections. Each street intersection shall be as near to a right angle as is practicable, and no intersection of streets at angles less than sixty (60) degrees shall be approved, unless necessitated by topographical conditions as determined by the Engineering and Project Management Director.

6. Corner Cut-Offs. At street intersections, the block corners shall have a corner cut- off sufficient to accommodate a City Standard Street Intersection Return, inclusive of a wheelchair ramp.

7. Cul-de-Sac or Dead-End Streets. Cul-de-sac or dead-end street shall be no more than six hundred (600) feet in length and shall have a turnaround having a minimum radius of 47 feet, measured to the property line, and minimum of forty (40) feet to curb face unless the Engineering and Project Management Director determines that such turnaround is not necessary.

a. Culs-de-sac streets in the residential zone districts may be permissible at a ratio of twenty (20) percent of lots to be served. When included in a land division, cul-de-sac streets shall be developed in such a manner as to provide bicycle and pedestrian pass-through to another street or cul-de-sac. A cul-de-sac may be approved subject to these requirements for unusual shaped parcels to maximize development potential. Dead end streets may be allowed to permit satisfactory future development of adjacent un- or under-developed property.

b. Culs-de-sac and dead end streets shall be avoided in all other districts. If culs-de-sac and dead end streets cannot be avoided, bicycle and pedestrian connections shall be provided from the cul-de-sac or dead end street to nearby public areas and city streets.

8. Curve Radius. The center line curve radius on all streets shall be designed in accordance with acceptable safe engineering practices. In no case shall the curve radius for an arterial be less than five hundred (500) feet. Center line curve radius on all other streets shall not be less than two hundred (200) feet.

9. Frontage Streets. When any lots front or side on any arterial, collector, expressway or freeway, the subdivider may be required to dedicate and improve a frontage street to provide ingress to and egress from such lots. Residential properties shall not take access to/from arterial or collector streets.

10. Private Roads and Alleys. Private roads and alleys shall not be permitted unless a Conditional Use Permit is approved by the City Council and, if approved, all private roads or alleys shall be constructed to city standards. Private roads and alleys shall also comply with Section 408.01(e) Warranty and Reserves.

11. Grades of Streets. Streets shall not be less than 0.2 percent and not greater than seven (7) percent, unless because of topographical conditions or other exceptional conditions the Engineering and Project Management Director determines that a grade less than 0.2 percent, or in excess of seven (7) percent, is necessary.

12. Fire Hydrants. The position of any street within twenty (20) feet of a fire hydrant shall not have a grade in excess of seven (7) percent to allow for the positioning of a fire suppression unit.

13. Access on Arterials. Arterial streets shall not be used to provide direct access to individual single-family residential lots. When the rear or side of any lot borders an arterial, the subdivider may be required to execute and deliver to the city an instrument prohibiting the right of vehicular ingress and egress from said arterial to said lot.

14. Access on Collectors. The use of a collector as primary direct access to individual single-family residential lots shall not be allowed. When the rear or side of any lot borders a collector, the subdivider may be required to execute and deliver to the city an instrument prohibiting the right of vehicular ingress and egress from said collector to said lot.

a. Exception: Access to collectors may be allowed for parcel maps on lands that cannot be divided further. The infill lots shall have a single or shared driveway that is designed and constructed in such a way that it prevents vehicles from backing onto the public rights of way.

B. Alleys:

1. A developer may propose, or the City Council may require, alleys, for any of the following reasons, (if alleys are required, they shall be constructed to city standards):

a. Unusual size, shape or topographical character of the property to be subdivided.

b. The relationship to existing or proposed commercial, industrial or high density residential development or adjacent railroad right-of-way.

c. The special nature of the design or density of a residential subdivision where dwellings are grouped in such a manner as to require access from other than the street frontage.

d. The need to maintain continuity of existing alleys where the property to be subdivided is located immediately between existing residential blocks where alleys are provided.

2. Residential alleys shall have a minimum dedicated width of twenty (20) feet.

3. Alleys shall be provided where needed to serve existing or proposed commercial or industrial areas, and shall have a minimum dedicated width of thirty (30) feet, with adequate provisions for ingress and egress.

4. A twenty (20) foot corner diagonal right-of-way cutoff, measured along the property lines from the point of intersection, will be required where two (2) alleys intersect. An ADA compliant accessibility ramp shall be constructed pursuant to the city design standards.

5. Alleys shall be so laid out and aligned as to provide reasonable access for utilities and other services.

• 6. Dead-end alleys shall be prohibited.

• C. Pedestrian Ways.

• 1. Pedestrian ways ten (10) feet or more in width may be required:

a. Through the middle of blocks that are more than six hundred (600) feet in length;

b. To connect culs-de-sac;

c. To provide access to playgrounds, parks, schools, shopping centers, or similar community facilities; and/or

d. To provide access to trails or bikeways shown in the General Plan.

2. The subdivider shall install paving, lighting, landscaping, and fences as approved by the City Council or Parcel Map Committee unless otherwise waived.

D. Bikeways. Bikeways shall be required in all locations shown in the General Plan or as approved by the City Council or Parcel Map Committee. Bikeway width, paving, landscaping, fencing, and signs shall be as approved by the City Council or Parcel Map Committee.

C. Trails. Trails shall be developed in all areas identified in the General Plan, and along all watercourses as shown in the General Plan Land Use Diagram. Where trails are incorporated in a project design, adequate line of sight and building orientation shall be provided to ensure that no more than thirty (30) percent of the length of the trail is not visible from the front yard setback of an adjacent parcel, with no segment of the trail greater than 180 feet not visible from the front yard setback of an adjacent parcel.

D. Street Names.

1. All street names shall be approved by the City Council. Duplication of existing names shall not be allowed, unless the streets are approximately in alignment with existing streets and not so far removed as to be confusing.

2. Names of through streets in a north-south alignment shall be followed by the designation “street,” and the names of through streets in an east-west alignment shall be followed by the designation “avenue.”

3. Cul-de-sac streets in a north-south alignment shall be followed by the designations of either “place,” “way” or “drive,” and cul-de-sac streets in an east-west alignment shall be followed by the designations of either “lane,” “circle” or “court.”

E. Blocks.

1. Block Length. Blocks shall not exceed six hundred (600) feet in length, unless existing adjacent property alignment, topographic, or traffic conditions justify a variation. Blocks longer than six hundred (600) feet in length shall provide mid- block pedestrian crossings so that there is no more than six hundred (600) feet of continuous block without a pedestrian crossing. Blocks in the Hillside Zone Overlay are exempt from the block length limitations and requirement for mid- block crossings.

2. Block Width. The width of each block shall be sufficient for an ultimate layout of two (2) tiers of lots, therein of a size required by the provisions of this chapter, unless the conditions justify or make necessary a variation from this requirement, such as development adjacent to an arterial.

F. Lots.

1. Lot Width. Each residential lot or parcel shall have frontage width of not less than that required by this Ordinance except as approved by the City Council as provided for in Section 400.05, Authority to Vary Regulations.

2. Lot Depth. Lot depths shall not exceed two and one-half (2.5) times the proposed lot width except where existing topography makes such dimensions infeasible.

3. Lot Area. The area of all lots shall comply with the requirements of this Ordinance relative to each particular zoning district.

4. Lot Frontage. Lots shall have a single frontage on a street; double frontage lots or lots without street frontage will not be permitted except where, in the opinion of the Parcel Map Committee or City Council, topographic or unusual physical conditions justify a deviation from this rule.

5. Flag Lot. Residential flag lots may be permitted with a Parcel Map, if it meets the standard requirements for lot width and lot depth. In measuring lot depth for a flag lot, the un-developable access strip shall not count toward lot depth, nor shall it be considered in calculating the depth to width ratio described in subsection (2) Lot Depth, above.

6. Side Lines. The side lines of lots shall, wherever practicable, be required to run at right angles or radially to the street upon which the lot faces.

7. Lot Numbering. Lot numbers shall begin with the numeral “1", and shall continue consecutively through all of the units of the tract with no omissions or duplications, and no block numbers shall be used.

8. Division of Lots. No lot shall be divided by a county, city, school, or any other taxing district boundary lines.

9. Suitability of Lots. All lots shall be suitable for the purpose for which they are intended to be used. Land subject to flooding or deemed by the Parcel Map Committee or City Council to be non-buildable shall be indicted on the final map.

10. Land Remnants. All remnants of below-minimum size left over after the subdivision of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels.

G. Access Limitation Strips.

1. A one (1) foot access limitation strip shall be provided at the dead end of a stubbed street or at the edge of a partial width street, and shall be offered for dedication to the city for future street purposes.

2. Access limitation strips shall be designated on the final map of the subdivisions and shall be specifically referred to in dedication and acceptance certificates.

H. Landscaping and Lighting Maintenance Districts. Each subdivision shall be subject to the creation of a Landscaping and Lighting Maintenance District in compliance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code §22500 et seq.) to address the extension of improvements such as but not limited to lighting, common landscape areas, including pocket parks, perimeter walls, drainage systems beneficial to specific subdivision, drainage reservoirs, and open space areas, and the maintenance of such facilities through appropriate mechanisms as approved by the City Attorney. If a Landscaping and Lighting Maintenance District, Benefit Assessment District, or similar district is required, the following standards apply:

1. Prior to the approval of improvement plans for a development, the applicant shall submit the following information for the establishment of a landscaping and lighting maintenance district, the extension of the subject improvements into the assessment area, and the maintenance of the improvements once constructed:

a. A petition on a form provided by the city requesting to have the subdivision placed in a district at the time the final map is approved by the city.

b. Completed and approved landscaping and lighting improvement plans, and legal description.

2. The district shall be established, or the annexation into an existing district concluded, and improvements completed and accepted concurrently with the other improvements in the subdivision.

3. Exclusive of assessments for a district, the applicant shall pay all service fees and maintain all new district improvements in a safe and healthy manner for the greater of a ninety (90) day plant establishment period following acceptance of the subdivision improvements, or until assessment begins for the district.

I. Waiver of Right to Protest District Formation. Prior to final map approval, each subdivider shall record a document waiving their right to protest a new assessment or an assessment increase equal to or less than a CPI adjustment for a city-wide Landscaping and Lighting Maintenance District or other maintenance district when at least fifty percent plus one (50% + 1) of the city is already in such district under the provisions of Government Code Section 53753.

J. Grading and Erosion Control. Every map approved pursuant to this Series shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in of the California Building Code of the most recently adopted edition. Steep terrain and other topographical features may limit the abilities of a subdivider to perform mass grading operations. At the discretion of the Engineering and Project Management Director, individual grading plans for each individual lot may be submitted with the building permit in lieu of a mass grading plan normally submitted with the improvement plans.

K. Protection of Natural Features and Trees.

1. Natural Features. Significant rock outcroppings and other unusual land forms shall be shown and identified on the tentative map and on improvement and landscape plans. Such features shall be preserved as required by the Parcel Map Committee or City Council.

2. Trees.

a. All existing trees six (6) inches in diameter or over shall be shown on the tentative map with a notation as to the size, species and dripline. Trees that are part of an agricultural crop may be shown as the outer extent of the planting with a notation as to the species and average tree size and dripline.

b. Existing trees six (6) inches or over in diameter may be required to be preserved. In cases where tree preservation is required, all grading and necessary tree trimming shall be conducted in accordance with an arborist’s recommendations for tree preservation.

c. Trees within a proposed public right-of-way shall be removed only for good cause to protect the public safety or to allow the installation of adequate public facilities as may be approved by the City Engineer and the Zoning Administrator.

L. Storm Water Management Plan. Every map approved pursuant to this Series shall be conditioned to comply with the requirements of the City’s Storm Water Management Plan, which includes measures that control construction site run-off and post-construction run-off.

M. Watercourses.

1. In accordance with Sections 66478.1 through 66478.10 inclusive of the Subdivision Map Act, if the land division will front upon a public waterway, river, or stream, as defined in Section 66478.4(c), access routes and easements along the bank shall be provided as follows:

a. The land division shall provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of such river or stream bordering or lying within the proposed land division, as determined by the Parcel Map Committee or City Council in accordance with Section 66478.5 of the California Government Code;

b. The land division shall provide for a dedication of a public easement along a portion of the bank of such river or stream bordering or lying within the proposed land division, as determined by the City Council in accordance with Section 66478.5 of the California Government Code; and

c. The Parcel Map Committee or City Council shall determine the governmental entity to which such access route or easement shall be dedicated, and all dedications shall be in accordance with Section 66478.6 of the California Government Code.

2. In accordance with Section 66478.12 of the California Government Code, if the land division will front upon any lake or reservoir that is owned in part or entirely by any public agency, including but not limited to the United States, State of California, or the City of Porterville, the land division shall be provided with or have available reasonable access by fee or easement from public highways to the water of the lake or reservoir upon which the land division borders either within the land division or a reasonable distance from the land division, as determined by the City Council or the Parcel Map Committee, as appropriate, in accordance with said statute. The Parcel Map Committee or City Council shall determine the governmental entity to which such dedication shall be made.

3. If a land division is traversed by a river, stream, or creek, the subdivider shall leave such river, stream, or creek in its natural condition whenever practical. Sufficient right-of-way shall be dedicated to the city or other public entity and improved for flood control purposes as necessary to accommodate flows of water that would be generated by a flood of one hundred (100) year frequency. In the event that a land division is to front upon a river, stream, or creek, the provisions of this paragraph shall apply to that portion of the bank thereof bordering or lying within the proposed land division. The Parcel Map Committee or City Council shall determine the governmental entity to which such dedication shall be made.

4. The City Council may disapprove a tentative map because of flood hazard and inundation, and/or require protective improvements to be constructed as a condition precedent to approval of the map.

N. Drainage Reservoirs.

1. Temporary drainage reservoirs will only be allowed in areas where it has been determined by the Engineering and Project Management Director that it is not practical to implement the intent of the latest adopted version of the Storm Drain Master Plan. Landscape and irrigation systems shall be installed as approved by the Director of Parks and Leisure Services. Maintenance of these facilities shall be part of the maintenance district created for the benefit of the subdivision.

2. Temporary drainage reservoirs may be approved until such time as Storm Drain Master facilities are available for connection and shall be granted to the city as an easement.

3. Drainage Reservoirs designated in the Storm Drain Master Plan shall be considered permanent facilities and title of the land shall be held by the city in fee. Property acquisitions shall be in the form of a dedication or purchased in accordance with the City’s Storm Drain Master Plan and City’s Property and Right-of-Way Acquisitions Policy and Procedures Manual. Landscaping and irrigation systems shall be installed as approved by the Director of Parks and Leisure Services. (Ord. 1870, 6-2-2020)