Ridgecrest Municipal Code § 105-34 Solar access requirements

Each proposed subdivision of land, both tract and parcel maps, shall be submitted in tentative map form. The tentative map shall be prepared in accordance with the Subdivision Map Act (Government Code § 66410 et seq.) and the provisions of this chapter.

(Code 1980, § 19-2.1; Ord. No. 87-01, § 9)

(a) The tentative map shall be clearly and legibly drawn and contain the following information:

(1) The title, which shall contain the subdivision number obtained from the county engineer.

(2) Names and addresses and telephone numbers for:

a. Legal owner of the property;

b. Subdivider; and

c. Person who prepared the map.

(3) A topographical contour map with approximate contours at one-foot intervals and showing, in their correct location, existing drainage channels, roads, culverts, overhead and underground utility lines, wells, springs, major structures, irrigation ditches, and other improvements which may affect the design of the subdivision. The map shall be drawn to an engineer's scale large enough to show all information clearly, but no smaller than 100 feet to the inch. Contour intervals shall not be greater than one foot if the ground slope is less than ten percent and at such intervals that the contour lines will not be spread more than 150 feet (ground distance) apart. The boundary lines of the subdivision shall be shown by a heavy line. The map shall show:

a. The outline of existing areas subject to inundation or ponding;

b. The edges and type of pavement of existing paved roads within public rights-of-way and easements or within private common rights-of-way;

c. Location of existing property lines and approximate boundaries of existing easements within the subdivision with the names of the owners of record, of easements, exclusions, and the properties abutting the subdivision;

d. The proposed lot and street layout with scaled dimensions and area of each lot;

e. The location of all proposed easements for drainage and access;

f. Street names, width of streets and easements, approximate grade, and radius of curves along property lines of each street, as well as intersections on the adjacent property;

g. Typical geometric sections for streets showing pavement width, curbs, sidewalks, grading in marginal strips, slopes of cuts and fills and other construction proposed or applicable;

h. Areas to be used for public purposes;

i. Location, approximate grade direction of flow and type of facilities of existing drainage channels and storm drains;

j. A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to community development including a legal description of the property comprising the subdivision;

k. North arrow and scales for maps and contour interval;

l. Boundary lines of existing land use zones shall be delineated;

m. Statement or plan as to proposed plans for draining the areas subject to flooding or inundation by waters flowing into or from the subdivision;

n. If to be developed in increments, the map shall indicate the approximate sequence of development by units.

(b) Data which shall accompany the tentative map:

(1) A written statement of general information which shall contain the following information:

a. Existing use or uses of the property;

b. A description of the proposed subdivision, including the number of lots, their average and minimum size, and nature of development;

c. Source of water supply;

d. Existing sanitary sewer facilities and proposed method of providing sewer services for the entire property;

e. Other improvements proposed.

(2) If the property proposed for subdivision is included in areas of identified seismic hazard as described in the seismic safety element of the general plan, the following data shall also be submitted at the time the map is filed.

a. Two copies of a geological site reconnaissance report and a soils report prepared by a registered geologist regarding existing or anticipated seismic conditions, geologic features and soil conditions within or immediately adjoining the proposed development and their effect on the design and layout of the proposed subdivision;

b. Four copies of a preliminary grading and site development plan, including drainage.

(3) A copy of all covenants, conditions or restrictions proposed to be attached to the property.

(c) The city engineer may require additional information or materials when necessary to accurately and adequately review a tentative map. City engineer may waive any information described above upon determination that it is not relevant to the review. Any decision made by the city engineer pursuant to this subsection shall include a written justification which shall become part of the project record and accompany the application before the planning commission.

(Code 1980, § 19-2.2; Ord. No. 87-01, § 10; Ord. No. 92-07, § 2)

(a) A subdivision or division of land shall conform to the circulation element of the general plan.

(b) Street and highway specifications shall be as follows:

(1) State highways. State highways shall conform to the standards of the state department of public works, division of highways.

(2) Major streets. Major streets shall be not less than 110 feet wide.

(3) Secondary streets. Secondary streets shall be not less than 90 feet wide.

(4) Collector streets. Collector streets shall be not less than 64 feet wide.

(5) Local and cul-de-sac streets. Local and cul-de-sac streets shall be not less than 60 feet wide. The property line radius at the terminus of the cul-de-sac shall be subject to individual determination by the city.

(6) Special streets. Special streets where railroads, parkways, grade separations, freeways, or other dominant factors are involved shall be subject to individual determination by the city.

(7) Service roadways. Where lots in a subdivision front on any major or secondary highway, the council may require the dedication and improvement of a service street for access to said lots.

(8) Street corners. Street corners shall have a property line dedication in accordance with the public works standards.

(9) Street intersections. Street intersection shall be as near right angles as practicable.

(10) Continuation of streets. Streets which are a continuation of streets in contiguous territory shall be so aligned as to ensure that their centerline shall coincide. In cases where straight continuations are not physically possible, such centerline shall be continued by curves.

(11) Private streets. The design and improvement of any private street shall be subject to all the requirements prescribed by this chapter for public streets unless otherwise approved by city council. The subdivider shall provide a mechanism for the permanent maintenance of any street required for access to property in a private street subdivision.

(12) Streets in subdivisions adjoining unsubdivided land (acreage).

a. Stubbed streets. Where a subdivision adjoins unsubdivided land, streets which may be necessary to ensure the proper subdivision of the adjoining land shall be provided through to the boundary line of the subdivision. A temporary turn-around of a 50-foot radius shall be provided at the end of a stubbed street where it is determined by the fire chief to be necessary for the movement of emergency vehicles.

b. Half streets. Where a street is proposed adjacent and parallel to the boundary line of the subdivision, the subdivider shall either dedicate and improve two-thirds of the right-of-way improvements prescribed by the general plan designation for that street to serve the subdivided land or shall dedicate and improve one-half of the right-of-way improvements as prescribed, provided that the city passes an ordinance prohibiting on-street parking along the street until such time as the street is widened and improved to the standards for a full-width street. Where an existing half street is located adjacent and parallel to the boundary line of the proposed subdivision the subdivider shall dedicate such additional right-of-way and provide such additional improvements as may be necessary to meet the standards prescribed.

(13) Reserve strips.

a. A one-foot reserve strip shall be provided at the dead-end of a stubbed street and shall be offered for dedication to the city for future street purposes.

b. Where a half street is to be located adjoining unsubdivided land, a one-foot reserve shall be provided adjacent to the unsubdivided land and shall be offered for dedication to the city for future street purposes.

(c) Alleys. An alley may be required by the planning commission at the rear or side of lots where the property is to be used for multiple residential, commercial or industrial use, with adequate ingress and egress provided for vehicular traffic, unless said access is provided by way of a service road. Whenever it is proposed to subdivide property abutting a major or secondary street and the circumstances of such property or of adjoining property render it inadvisable or impracticable to provide access to the lots along such street by means of a service road, an alley shall be provided at the rear of such lots.

(d) Lot design. The size and dimensions of lots shall conform to the zoning provisions applicable in the area of the proposed subdivision, and the lot side lines shall be approximately at right angles or radial to the street line.

(e) Walkways. The subdivider may be required to dedicate and improve walkways to standards prescribed by the commission where necessary to provide adequate access to schools, parks or other public areas.

(f) Utility easements. Easements shall be provided as required by the utility companies furnishing service.

(g) Fencing. When the rear of any lot abuts any drainage channel, railroad right-of-way, major or secondary street, or a state highway, a fence shall be erected along the rear lot line by the subdivider to conform to the standards of the city. Where lots back up to a street or highway and where it is intended that there shall be no access from said lots to the street or highway which they back, a masonry wall of a height approved by the planning commission shall be erected on the rear property line within the street right-of-way as a physical separation between the lots and the street or highway.

(1) Where such walls are required between a residential subdivision and a major or secondary street and there is more than one lot, either backing or siding on the major or secondary street, dedication of additional right-of-way, installation of landscaping, and automatic sprinkling systems shall be provided as indicated in the guidelines on file in the department of community development. Variation and originality in design are encouraged. The community development director shall approve the details of such installation including colors, textures, fencing and materials, prior to the recording of the final map.

(2) In the case of side-on-lots facing an extended cul-de-sac where pedestrian access may be intended the same conditions shall apply except that in the area between the major street and the end of the cul-de-sac the masonry wall may be omitted.

(h) Maintenance districts.

(1) Prior to recordation of a subdivision, the subdivider shall provide for a maintenance district to cover the cost of operating and maintaining any street lighting, drainage or flood control facilities within or adjacent to the subdivision. Additionally, the subdivider or developer shall pay the maintenance and operations costs, as estimated by the public works director, which may be incurred after acceptance but prior to the time the maintenance district can be put on the tax roll for the properties within the district.

(2) Whenever landscaping is required between a residential subdivision and a major or secondary highway or landscaping is required on islands in minor streets, the subdivider shall agree to have the city establish a maintenance district to cover the cost of maintaining the required landscaping and shall pay the cost of all maintenance as estimated by the public works director which may be incurred after acceptance of the landscaping by the city but prior to the time the maintenance district assessment can be put upon the tax bill of the maintenance district property.

(3) Said periods of maintenance costs for which the subdivider is liable shall not exceed one year.

(4) City manager may waive the requirements of this subsection (h) in any of the following situations based upon written findings supporting:

a. That an alternative method of funding such maintenance of the lighting, drainage or flood control facilities will be sufficient;

b. That the maintenance of lighting, drainage or flood control facilities is adequately served by existing infrastructure or by proposed infill development drainage requirements; or

c. that the requirement is unnecessary or impractical due to the size of the development or other specific circumstances.

(Code 1980, § 19-2.3; Ord. No. 87-01, § 11; Ord. No. 21-03, § 2, 4-7-2021)

(a) Tentative maps, including tentative parcel maps, may provide for the dedication of solar access easements for the purpose of ensuring that no building, wall, fence or other structure shall be constructed, and no vegetation shall be allowed to grow, on the individual lots so as to prevent unobstructed sunlight from reaching the south face of the buildable area of all other lots within the subdivision between the hours of 11:00 a.m. and 2:00 p.m. Pacific Standard Time on December 21, except that deciduous trees on adjacent property may shade a south facing wall, but must leave the roof area unobstructed between the hours of 10:00 a.m. and 2:00 p.m. Pacific Standard Time on June 21.

(b) All solar easements shall contain the following:

(1) A three dimensional diagram of the solar access easement between 10:00 a.m. and 2:00 p.m. Pacific Standard Time on December 21;

(2) A written description specifying each solar access easement in measurable angles;

(3) The restrictions placed upon buildings, walls, fences and other structures and upon vegetation which would impair or obstruct the passage of sunlight through the solar access easement;

(4) A statement that the solar access easement is appurtenant to the dominant tenement and that the burdens and benefits of the easement shall run with the land; and

(5) Any terms or conditions under which the easement may be revised or terminated, and a statement that before any term or condition may be revised or terminated, such change must be approved by the planning commission for a tentative map and for a tentative parcel map.

(c) In approving a tentative map, including a tentative parcel map, the requirements of subsection (a) of this section herein may be modified or waived for one or more lots in the subdivision if the dedication of the solar access easement would not be feasible or would cause results inconsistent with the intent of this section given the contour and configuration of the land to be subdivided, existing vegetation, the use of vegetation to moderate wind or temperatures or the use of adjacent parcels to the north. In no event shall the subdivider be required to:

(1) Reduce allowable densities;

(2) Reduce the percentage of a lot which may be occupied by a building under the applicable zoning in force at the time the tentative map is filed; or

(3) Remove existing vegetation either on-site or off-site.

(d) All solar access easements created in accordance with this section shall be recorded with the county recorder concurrent with recordation of the final map.

(e) The requirements of this section are not applicable to condominium projects which consist of the subdivision of air space in an existing building where no new buildings are added.

(Code 1980, § 19-2.4; Ord. No. 87-01, § 12)

(a) The design of a subdivision for which a tentative or parcel map is required shall provide each franchised public utility an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to the public utility uses, any equipment necessary to extend said utility services to each residential parcel in the subdivision.

(b) This section shall not apply to the conversion of existing dwelling units to condominiums, community apartments or stock cooperatives.

(Code 1980, § 19-2.5; Ord. No. 88-26, § 2)