Sec. 62-117. - Action by the city council.

Within the time limits set forth in the map act, the city council shall approve the parcel map if it conforms to all the requirements of this chapter and the map act applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or, if it does not so conform, disapprove the map. If the city council does not approve or disapprove the map within the time prescribed in the map act, or any authorized extension thereof, and the map conforms to all the requirements and ruling, it shall be deemed approved, and the clerk of the city council shall certify its approval thereon.

(Code 1960, § 19.77)

Sec. 62-118. - Improvement requirements.

Improvements required by the planning commission shall be in full conformity with all the requirements in article V of this chapter.

(Code 1960, § 19.78)

Sec. 62-119. - Subdivision guarantee.

Prior to recordation of the parcel map, the subdivider shall obtain a subdivision guarantee of conformity to the requirements as set forth in section 62-100.

(Code 1960, § 19.79)

Sec. 62-120. - Transmittal to county.

At such times as all the requirements of this chapter and the subdivision map act have been satisfied and all required fees have been paid, the planning director or the designated city official shall transmit and present the parcel map directly to the county official for ultimate transmittal to the county recorder.

(Code 1960, § 19.80)

Secs. 62-121—62-140. - Reserved. ARTICLE IV. - DESIGN STANDARDS

Sec. 62-141. - General requirements.

Each subdivision and the map thereof shall be in conformity to the standards contained in this chapter and the standard specifications of the city.

(Code 1960, § 19.91)

Sec. 62-142. - Conformance to plans.

All subdivision maps shall conform to any specific plans of streets, public areas or other projects or plans adopted or approved by the council. There shall be conformity with the principals and standards of the general plan, specific plan and to the city zoning regulations.

(Code 1960, § 19.92)

Sec. 62-143. - Streets.

(a)

General. All streets shall conform to the city standards.

(b)

Culs-de-sac. Culs-de-sac shall conform to the city standards. Cul-de-sac streets shall be not more than 600 feet in length as measured from the centerline of the intersecting through street to the center of the culde-sac.

(c)

Deadend or stubbed streets. Where a street is extended to the edge of the subdivision and is intended to be continued to serve future subdivisions, a one-foot reserve strip shall be offered for dedication for future street purposes. A paved 50-foot radius turnaround shall be provided when determined by the planning commission to be necessary for the movement of emergency vehicles.

(d)

Partial width streets. Where a partial width street is required at the edge of a subdivision, the width of such street shall not be less than 40 feet. The traveled way shall not be less than 28 feet. A one-foot reserve strip will be provided for and shall be offered for dedication to the city.

(e)

Street curves and tangents. A minimum centerline radius of at least 500 feet shall be used on all streets except local streets shall have minimum radii of 250 feet.

(f)

Street corner property line radii. Street corner property line intersections shall conform to city standards.

(g)

Street intersections. Street intersections shall be as near right angles as practicable.

(h)

Alignment of continuation of streets. Streets which are a continuation of streets in contiguous territory shall be so aligned as to assure that their centerlines will coincide. In cases where straight line continuations are not physically possible, such centerlines shall be continued by curves. In cases where such streets cannot be continued or aligned, a minimum distance of 150 feet between the centerlines shall be maintained.

(i)

Street grades. No street shall have a grade of more than seven percent or less than one-tenth percent.

(Code 1960, § 19.93)

Sec. 62-144. - Alleys.

(a)

General. All alleys where approved or required shall conform to the city standards.

(b)

Alley required. Alleys may be required by the commission for lots used or intended to be used for commercial, industrial or multiresidential purposes.

(c)

Alley optional. Alleys in single-family residential subdivisions shall be optional and subject to the commission's approval.

(d)

Alley width. The width of alleys shall be 30 feet minimum, except alleys in single-family residential subdivisions shall be 20 feet minimum.

(e)

Alley intersections. Where two alleys intersect, the corner shall be cut on a straight line connecting points on both lot lines ten feet from the projected intersection of the alleys.

(Code 1960, § 19.94)

Sec. 62-145. - Lots.

(a)

Access. Each lot of a subdivision shall have direct access to a street maintained by a public agency or private street dedicated to public use.

(b)

Divided lots. No lot shall be divided by the boundary line of the city, a school district or any other taxing district.

(c)

Lot size. The minimum lot sizes and dimensions within the subdivision shall conform to the standards as set forth in the zoning ordinance.

(d)

Double frontage lots shall be avoided where possible. Where such lots are unavoidable due to geographic locations, existing layout or other adverse conditions, such lots may be permitted upon dedication or offer of dedication of the direct access rights to the street on which double frontage occurs from any property abutting thereon.

(Code 1960, § 19.95)

Sec. 62-146. - Pedestrian ways or walkways.

The subdivider may be required to dedicate and improve walkways through long blocks or to provide access to schools, parks, or other public areas.

(Code 1960, § 19.96)

Sec. 62-147. - Commercial and industrial areas.

When property is designated for commercial or industrial use either in the general plan, specific plan or the zoning regulations, the plan of the subdivision shall be appropriate for such uses. Streets shall have adequate capacity to handle the anticipated traffic which will utilize them. As far as practicable, streets shall be laid out so that there will be direct access to the commercial or industrial area from arterial or collector streets without utilizing local streets traversing residential areas. Lot areas and dimensions shall be adequate to accommodate the yard spaces, off-street parking facilities, and off-street loading facilities required by the zoning regulations.

(Code 1960, § 19.97)

Sec. 62-148. - Reserve strips for controlling access.

A one-foot reserve strip controlling the access to streets or other public rights-of-way from adjoining property shall be approved where such strips are necessary for the protection of the public welfare or for a substantial property right. The control and disposal of the land comprising such strips shall be placed definitely within the jurisdiction of the city under conditions approved by the commission. The reserve strips shall be specifically referred to in the dedication certificate.

(Code 1960, § 19.98)

Sec. 62-149. - Easements.

Normally, utility distribution lines shall be placed underground within the public right-of-way. On all streets an additional right-of-way on each side and parallel to the street right-of-way may be required. Easements for equipment enclosures shall be required as needed.

(Code 1960, § 19.99)

Secs. 62-150—62-170. - Reserved. ARTICLE V. - IMPROVEMENTS

Sec. 62-171. - General requirements.

All improvements shall be constructed at the subdivider's expense in accordance with the requirements of this article.

(Code 1960, § 19.111)

Sec. 62-172. - Subdivisions for which a final map is required.

As a condition of approval of a tentative map for which a final map is required, the subdivider shall agree to construct, install, or provide all improvements as set forth in this article.

(Code 1960, § 19.112)

Sec. 62-173. - Subdivisions for which a parcel map is required.

As a condition of approval of a tentative map for which a parcel map is required, improvements as set forth in this article may be required. The extent of such improvements shall be determined by the planning

commission pursuant to Government Code § 66411.1. The planning commission may waive improvements until development of proposed division of land occurs. Improvements shall not be waived in any developed area.

(Code 1960, § 19.113)

Sec. 62-174. - Standards and design criteria.

The criteria and standards used for the design and construction of improvements shall be in accordance with the following:

(1)

City of Sanger Standard Specification, copies of which are for sale or available for examination by the public in the offices of the city clerk.

(2)

All the applicable provisions of article IV of this chapter.

(3)

All other requirements set forth in this article.

The city engineer or other designated city official may make minor changes in typical sections and details if unusual conditions appertain to the subdivision or arise during construction to warrant such change.

(Code 1960, § 19.114)

Sec. 62-175. - Plans.

(a)

Improvement plans shall include all drawings and specifications necessary for the orderly construction of improvements for the subdivision.

(b)

All such plans shall be prepared by an engineer licensed in the state in keeping with standard engineering practices. All plans shall be stamped and signed by a licensed engineer.

(c)

All such plans shall be drawn on tracing paper or polyester base film in ink or pencil capable of producing a legible print.

(d)

All sheets shall be 24 inches by 36 inches and shall be incorporated into one complete set of plans. When more than three sheets of drawings are required, an index to drawings shall be ascribed on the first sheet of the set.

(e)

Elevations of all improvements shall be based on city datum.

(Code 1960, § 19.115)

Sec. 62-176. - Required improvements, generally.

The improvements set out in city standard specifications shall be clearly set forth in the improvement plans and shall be constructed or installed in accordance therewith.

(Code 1960, § 19.116)

Sec. 62-177. - Completion of subdivision improvements.

A subdivision for which a final or parcel map is required shall not be approved and subsequently recorded until improvements required as a condition of approval of the tentative map have been completed or an agreement to complete the improvements has been entered into pursuant to Government Code § 66462. Such agreement to complete improvements shall be guaranteed by security in the amount, type, form and content as set forth in this article.

(Code 1960, § 19.117)

Sec. 62-178. - Agreement.

(a)

The agreement to complete required improvements shall contain such stipulations as may be required to assure completion of the subdivision in accordance with the requirements of the city. Such stipulations shall specify that the subdivider shall complete the improved work within 12 months and providing that if he fails 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 provide for inspection of all improvements by the city. The form and content of such agreement shall be approved by the city attorney.

(b)

The improvement agreement shall be secured by a bond or security in the amount, type, form and content as set forth in this article.

(Code 1960, § 19.118)

Sec. 62-179. - Security—Type.

Improvement security shall be of the type as provided for in Government Code § 66499 subject to review by the city attorney and approval of the city council.

(Code 1960, § 19.119)

Sec. 62-180. - Same—Form of bonds.

When a bond is used to secure the faithful performance of the agreement for subdivision improvements it shall be in substantially the same form as provided for in Government Code § 66499.1, subject to review by the city attorney and approval by the city council. The form of bond for the security of laborers and materialmen shall be in substantially the same form as provided for in Government Code § 56499.2, subject to review by the city attorney and approval by the city council. Appropriate modifications shall be made in such form if the bond is being furnished for the performance of an act not provided for by agreement.

(Code 1960, § 19.120)

Sec. 62-181. - Same—Amount.

The improvement security shall be provided in the amount as follows:

(1)

Performance security. One hundred percent of the total estimated cost of the improvement or act to be performed securing payment to the contractor, the subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act.

(2)

Labor and materials security. Fifty percent of the total estimated cost of the improvement or act to be performed securing payment to the contractor, the subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act.

(Code 1960, § 19.121)

Sec. 62-182. - Same—Release.

(a)

Security for performance may be reduced as work progresses only for the work satisfactorily completed and accepted by the city engineer. Upon written request from the subdivider, the city engineer with the concurrence of the director of public works shall determine the value of work completed satisfactorily and may authorize release of a portion of the security. In no event shall such security be reduced by more than 90 percent of the value of the work completed. Upon final completion and acceptance of the work as determined by the city engineer and director of public works, a notice of acceptance shall be filed with the county recorder. Ten percent of such security shall be retained for 35 days after the filing of such notice.

(b)

Security for labor and material shall be released 35 days after such notice of acceptance is filed, provided that no claims are filed. If any claims are filed, the amount of such security retained shall be equal to the amount of such claims. No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof.

(c)

After filing notice of acceptance and before final release of any security, the subdivider shall provide the city with a one-year maintenance bond in the amount of ten percent of the estimated cost of improvements. Such bond or other security shall be subject to review by the city attorney and approved by the city council.

(Code 1960, § 19.122; Ord. No. 888, § 1, 7-15-93)

Sec. 62-183. - Same—Forfeiture.

Upon the failure of the subdivider to complete any improvement, acts, or obligations within the time specified, or an approved extension thereof, the city council may, upon notice in writing of not less than ten days, served upon the person responsible for the performance thereof, or upon notice in writing of not less than 20 days, served by certified mail addressed to the last known address of such person, determine that the subdivider is in default and may cause the improvement security or such portion thereof as is necessary to complete the work or act or other obligation of the subdivider secured thereby to be forfeited to the city.

(Code 1960, § 19.123)

Sec. 62-184. - Notice to commence work.

Improvement work shall not be commenced until the city engineer or other designated city official has been given 24 hours' notice. If the work is discontinued for any reason, it shall not be commenced until such notice is given.

(Code 1960, § 19.124)

Sec. 62-185. - Inspection—Required.

The construction of all required improvements shall be inspected by the city engineer or other designated city official for conformance with improvement plans. Any work completed without such required inspection shall be subject to removal and reconstruction at the cost of the subdivider.

(Code 1960, § 19.125)

Sec. 62-186. - Same—Fees.

Inspection fees shall be in the amounts prescribed from time to time by resolution of the city council. The subdivider shall deposit one percent of the estimated cost of improvements or such additional amount as the director of public works deems necessary prior to filing of the final or parcel map, which sum shall be deposited toward the cost of inspection of improvements.

(Code 1960, § 19.126)

Sec. 62-187. - Inspection and tests required.

(a)

General. All testing required by this section shall be performed by a city-approved certified testing laboratory. The subdivider shall be responsible for all tests required under this section. Test results shall be provided to the city engineer as testing is performed.

(b)

Grading. All embankments and excavation shall be compacted in accordance with the city standards. There shall be a sufficient number of tests at sufficient depths to ensure proper compaction and moisture content. At such time as the grading is completed, a resume of such tests shall be submitted to the city engineer or other designated city official for review and approval.

(c)

Concrete work. Prior to the placement of any concrete in public rights-of-way, the subdivider or his contractor shall notify the city. The city shall inspect the forms and base for compaction. The city engineer or other designated city official may require additional compaction tests to assure proper compaction and moisture content. The engineer or other designated city official may take concrete cylinder samples as he may deem necessary. The breaking of such samples shall be at the subdivider's expense. The city shall check all curbs and gutters which fail to meet required tolerances as set forth in the city standards.

(d)

Underground utilities. All trench backfill shall be compacted to city requirements. The contractor may use any method deemed necessary to obtain required compaction. There shall be a sufficient number of tests at sufficient depth to assure proper compaction and moisture content.

(e)

Streets and alleys:

(1)

Prior to placement of any required base, the subgrade shall be prepared and a sufficient number of compaction tests taken at sufficient depths to assure proper compaction and moisture content. The laboratory shall submit reports of such tests to the city engineer or other designated city official for review and approval. No base shall be placed until such approval is obtained.

(2)

After the placement of base and prior to placement of pavement, the city engineer or other designated city official may require additional compaction tests to be taken. The laboratory shall submit reports of such tests to the city for review and approval.

(3)

In addition to the above tests and requirements, the city engineer or other designated city official may require certification of the concrete, aggregate base and asphalt concrete material and such additional testing or other information necessary to assure proper construction in compliance with the improvement plans.

(Code 1960, § 19.127)

Sec. 62-188. - Final inspection.

At such time as all improvements are completed, the subdivider shall arrange a meeting with the city engineer or other designated city official for an inspection of the work. The subdivider's engineer or their representative shall be present during the time of inspections. The city may require all required monuments as required in this article to be exposed, including all street monuments and lot corner monuments. The city engineer or other designated city official may survey or cause to be surveyed the subdivision for assurance that all such monuments satisfy the final map or parcel within allowable tolerances. No deferment of monuments shall be allowed. When all improvements are completed, the city engineer or other designated city official shall proceed to release security as provided for in this article.

(Code 1960, § 19.128)

Sec. 62-189. - As-built plans.

At such times as the improvement work has been satisfactorily completed and approved as set forth in this article, before filing the notice of acceptance, the subdivider shall submit a complete set of as-built improvement plans capable of being reproduced. Such plans shall clearly show any changes that were made during construction. As-built improvement plans shall include permanent elevation benchmarks

based upon the city datum at such locations as may be required by the city engineer or other designated city official. Bench mark elevations shall be set to the nearest 0.01 of a foot.

(Code 1960, § 19.129)

Secs. 62-190—62-210. - Reserved. ARTICLE VI. - PARK AND RECREATION FACILITIES[[3]]

Footnotes:

--- ( 3 ) ---

Cross reference— Parks and recreation, ch. 42.

Sec. 62-211. - General.

This article is enacted pursuant to the authority granted by the subdivision map act. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this article are in accordance with the recreation element of the general plan of the city, adopted by the city on December 4, 1979, and any amendments thereto.

(Code 1960, § 19.141)

Sec. 62-212. - Requirements.

As a condition of approval of a tentative subdivision or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for neighborhood and/or community park or recreational facilities in accordance with the standards contained in this article.

(Code 1960, § 19.142; Ord. No. 928, § 1, 4-20-95)

Sec. 62-213. - General standards.

It is hereby found and determined that the public interest, convenience, health, welfare and safety require that three acres of property for each 1,000 persons residing within the city should be the standard for the dedication of land from residential subdivisions for neighborhood and community park and recreational facilities.

(Code 1960, § 19.143; Ord. No. 928, § 2, 4-20-95)

Sec. 62-214. - Standards for the dedication of park land.

(a)

Where a neighborhood or community park or recreational facility designated in the park's environmental resource management element of the general plan is located in whole or in part within a proposed subdivision, the subdivider shall dedicate land for a local neighborhood and/or community park and/or recreational facilities sufficient in size and topography to serve the residents of the proposed subdivision.

(b)

The amount of land to be dedicated shall be determined pursuant to the following formula:

Average No. of Persons/Unit times Standard Park Acreage (3 acres), divided by 1,000 (population) equals Minimum Acreage Dedication

The following table based on the above formula is to be followed:

(c)

The dedication of land shall be made in accordance with the procedures set forth in section 62-221.

(Code 1960, § 19.144; Ord. No. 928, § 3, 4-20-95)

Sec. 62-215. - Fees in lieu of land dedication.

(a)

Formula for fees. Where no community or neighborhood park or recreational facility designated in the environmental resource management element of the general plan is located in whole or in part, within the proposed subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land that would have been required for dedication pursuant to section 62-214, in an amount determined in

accordance with section 62-217. Such fee shall be used solely for local and/or community parks and/or recreation facilities which will serve the residents of the area being subdivided.

(b)

50 parcels or less. In any proposed subdivision of 50 or fewer parcels, the subdivider may elect to pay a fee equal to the value of the land that would have been required for dedication pursuant to section 62-214, determined in accordance with section 62-217.

(c)

Use of fees. Park fees shall be used only for the purpose of developing new or rehabilitating existing community and/or neighborhood parks or recreational facilities reasonably related to serving the future residents of the proposed subdivision. The fees so collected shall be committed within five years after payment or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not so committed, they shall be distributed and paid to the then-record owners of the subdivision in the same proportion that the size of their lots bears to the total area of all lots in the subdivision.

(Code 1960, § 19.145; Ord. No. 928, § 4, 4-20-95)

Sec. 62-216. - Criteria for requiring both dedication and fee.

Where the land needed for a planned neighborhood or community park or recreation area, located in a proposed subdivision of more than 50 lots, is less than the area that would be required for dedication under section 62-214, the subdivider shall dedicate the amount of land needed for the planned park and pay a fee computed pursuant to section 62-217 for that portion of the land dedication requirement that is not needed for the planned park.

(Code 1960, § 19.146; Ord. No. 928, § 5, 4-20-95)

Sec. 62-217. - Amount of fee in lieu of land dedication.

(a)

The fee required in lieu of land dedication shall be based on the average fair market value of the land being subdivided. The fair market value shall be based on the highest and best use of the property in its condition prior to approval of the subdivision map, rezoning, or other entitlement for use.

(b)

The fair market value shall be determined by the director of community services prior to final or parcel map approval. If the subdivider objects to the fair market value determination by the director, the subdivider may request the city to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the city and the subdivider. Such appraisal shall be used to establish the fair market value of the land required for dedication. The costs of the appraisal shall be borne by the subdivider.

(Code 1960, § 19.147; Ord. No. 928, § 6, 4-20-95)

Sec. 62-218. - Reserved.

Editor's note— Ord. No. 928, § 7, adopted April 20, 1995, set out provisions repealing § 62-218, which pertained to subdivisions not within general plan and derived from Code 1960, § 19.148.

Sec. 62-219. - Determination of land or fee.

(a)

The requirement for dedication of land or payment of fees in lieu thereof, or a combination of both, shall be determined by the parks and recreation commission in consideration of the following:

(1)

Consistency with the city's general plan;

(2)

The topography, geology, access and location of land in the subdivision suitable for dedication;

(3)

The size and shape of the subdivision;

(4)

The feasibility of dedication; and

(5)

The availability of previously acquired park property.

(b)

The determination by the parks and recreation commission as to whether land shall be dedicated, or a fee be paid, or a combination thereof, shall be final and conclusive.

(Code 1960, § 19.149; Ord. No. 928, § 8, 4-20-95)

Sec. 62-220. - Credit for private recreation or open space.

Where a private park or open space recreational area in a proposed subdivision will be owned and maintained by the future residents of the subdivision, a partial credit, not to exceed 50 percent of the required land dedication, shall be given where the parks and recreation commission finds all the following:

(1)

That no required yards, court areas, setbacks, or other open areas under the city zoning and building regulations are included in the private park or open space area;

(2)

That the maintenance of the private park or open space area is adequately provided for in a recorded document;

(3)

That the private park or open space area is limited to park and recreational uses by recorded covenant, which runs with the land in favor of the future owners of property in the subdivision, and which cannot be defeated or eliminated without the consent of the city or its successor;

(4)

That the proposed private park or open space area is reasonably adaptable for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;

(5)

That facilities proposed for the private park or open space area are in substantial conformity with the general plan; and

(6)

That the private park or open space area is at least two acres in size and provides a minimum of four of the basic local park elements listed below, or such other recreational improvements as will meet the recreation and park needs of the future residents of the subdivision:

(Code 1960, § 19.150; Ord. No. 928, § 9, 4-20-95)