16.04 - Dedications and Improvements

This Chapter is intended to apply to major subdivisions. This Chapter applies to minor subdivisions only where such subdivisions will result in the extension or construction of a new city-maintained street, or where a subdivision agreement or bonding is required. Any minor subdivision resulting in the extension or construction of a new city- maintained street or where a subdivision agreement or bonding is required shall require City Council approval in accordance with Section 16.03.084. All major subdivisions shall require City Council approval in accordance with Section 16.03.084.

All subdivision and tentative maps thereof, must conform to the City of Sonora General Plan, any applicable specific plans and to all applicable planning, zoning, design, improvement and environmental requirements. Unless otherwise specified, design and improvement requirements and requirements for dedications shall be those that are contained in this chapter.

No final map shall be approved until all required dedications and improvements are either installed or otherwise provided for as specified in this chapter. The improvements required for parcel maps are subject to bonding requirements and shall be installed prior to occupancy of new units on the parcels being created. No grading or improvement work shall commence until subdivision improvement plans and/or agreements have been approved pursuant to Sections 16.04.110 and 16.04.120 of this title and all other associated permits have been secured.

If, when the final map or parcel map is approved, any streets, paths, alleys, or storm drainage easements are rejected, the offer of dedication shall remain open and the council may, by resolution at any later date, and without further action by the subdivider, rescind its 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.

(Adopted by Ord. 646 on 7/18/1988; Amended by Ord. 798 on 5/16/2011)

The following principles and standards shall be observed in the design of all subdivision lots or parcels.

A.

All subdivisions should result in the creation of lots or parcels which are developable and capable of being built upon. No subdivision should create lots or parcels which are impractical for improvement due to steepness of terrain, location of watercourses, problems of sewerage or driveway grades, or other natural

physical conditions. No lots shall be created which are smaller than those permitted for the zone within which the subdivision is proposed as set forth in the zoning ordinance, Title 17 of this code or any other applicable city ordinance or resolution.

B.

The side lines of all lots, so far as possible, should be at approximately right angles to the street which the lot faces, or approximately radial to the center of the curvature if such street is curved. Side lines of lots shall be approximately radial to the center of curvature of a cul-de-sac on which the lot faces.

C.

No lot shall be divided by a city boundary line.

D.

No remnants of property, with the exception of one-foot control lots, shall be created which do not conform to lot requirements, or are not required for a private or public utility purpose.

E.

The division of a lot or parcel by a tax code boundary shall be avoided.

F.

Side lot lines between adjacent lots within a subdivision should be located at the top of any grading slope which may be proposed at such location, and shall follow natural drainage swales where practical. No culvert or storm drainage outlet, or drainage course or swale, shall separate more than twenty-five percent of the land area of a lot.

G.

Minimum lot depth and width shall be as specified for the particular zone within which the subdivision is located as set forth in the zoning ordinance, Title 17 of this code.

H.

The design of subdivision lots shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the buildings to be subsequently constructed.

(Adopted by Ord. 646 on 7/18/1988)

All lots or parcels created by the subdivision of land shall have access to a public street improved to standards hereinafter required. Private streets, common driveways, or access easements shall not normally be permitted. However, if the commission determines that the most logical development of the land requires that lots be created which cannot feasibly be served by a public street, a private access may be approved. The subdivider shall submit a development plan showing the alignment, width, grade and material specifications of any proposed private improvements, the topography and means of access to

each lot, drainage and sewerage of the lots served by such private improvements and a plan satisfactory to the city engineer for ownership and maintenance of said access and the liability for taxes thereon. Construction of these improvements as approved by the city engineer shall be completed prior to occupancy of any buildings on lots served by a private access.

Wherever it is determined that a street is necessary for the future subdivision of the property as shown on the subdivision map or for adjoining property, but that the present dedication and construction of such street is not warranted, the subdivider shall conditionally offer such street or right-of-way for dedication. The widths and locations of such streets shall be determined by the community development director.

(Adopted by Ord. 646 on 7/18/1988)

A.

Generally. All streets or other routes of travel that either serve a proposed subdivision or are contained within a proposed subdivision shall conform to concepts and requirements for future streets and rights-ofway as contained in the City of Sonora General Plan or any applicable specific plan. Whenever a subdivision embraces any major street, it shall be included in said tract and shall be platted by the subdivider in the location generally indicated or in a location specifically designated by the commission and approved by the city council.

B.

Street Standards and Specifications. The following are minimum requirements for streets that shall be upgraded or constructed to serve proposed subdivisions. Reasonable additional on-site and/or off-site public improvements and dedications may be required.

1.

Typical sections of various classes of streets (local, collector or arterial) shall be in accordance with the standard drawings entitled "Typical Street Sections" which are adopted by resolution of the city council and maintained by the city engineer. Minor deviations from said "Typical Street Sections" may be approved by the city engineer.

2.

The basis for requirements for street and roadway widths and design shall be the topography of the land and density of development in terms of the proposed number of dwellings to be served by said street or roadway on an ultimate basis. Reduced right-of-way width shall, in all cases, be sufficient to accommodate utility facilities within the right-of- way.

3.

Improvements required for subdivisions which abut upon public streets or highways shall be installed within the half of an existing street adjacent to the subdivision boundary. Substandard existing improvements shall be removed and replaced as directed by the city engineer. Where such existing street has not previously been paved, required street width shall be as determined by the city engineer.

4.

No highway or street shall have a grade of more than twelve percent, except for short stretches where the topography makes it impractical to keep within such grade. In no event shall such grade exceed fifteen percent, except where evidence, which is satisfactory to the planning commission or the city council, is given that a lower grade is not possible.

5.

Names for proposed new streets shall be approved by the city council upon recommendation of the planning commission and shown on the final map. Street name signs which meet the approval of the city engineer shall be installed at every intersection within the boundaries of the subdivision and may be required off-site adjacent to access routes serving the subdivision.

6.

Traffic control signs as required by the city engineer and/or Caltrans may be required to be installed on or off of the project site.

7.

Street lighting shall be required and shall be installed in accordance with design specifications which shall be part of the subdivision improvement plans and/or agreement approved by the city engineer.

The city engineer may waive this requirement for parcel maps if they are found to be unnecessary because of the size or location of the proposed parcels or that inclusion could be more appropriately a condition of approval of a future development.

8.

If an existing or proposed state highway or county road abuts or crosses a proposed subdivision, the subdivider shall secure all pertinent road data and specifications and permits from Caltrans or the county department of transportation and engineering services, and shall provide that the design of the proposed subdivision is compatible with the use of such state highway or county road.

9.

The design of a proposed subdivision shall include such bridges as are necessary for efficient internal circulation of traffic within the proposed subdivision.

10.

The subdivider shall offer for dedication all rights-of-way for streets or portions of streets as necessary at the time the final map or parcel map is filed for approval.

C.

Street Patterns. The street pattern in the subdivision shall provide for the most advantageous development of adjoining areas and the entire neighborhood or district. The following principles shall be observed:

1.

Where appropriate to the design and terrain, proposed streets shall be continuous and in alignment with existing planned or platted streets with which they are to connect. The centerlines of streets, if not in alignment, shall be offset at least two hundred feet unless otherwise approved by the city engineer for reasons of severe topography, one-way streets, or other unusual circumstances.

2.

Proposed streets shall be extended to the boundary lines of the land to be subdivided, unless prevented by topography or other physical conditions, or unless, in the opinion of the commission, such extension is not necessary for the coordination of the subdivision with the existing layout or the most advantageous future development of adjacent tracts. Where reservation for future street is made, slope rights along the sides and end of the reserved area shall be preserved in the name of the city.

3.

In the case of stub-end streets extending to the boundary of the property, a one-foot strip at the end of the stub-end street the width of the street right-of-way shall be deeded to the city pending the extension of said street into adjacent property. Where required, a temporary turn-around or a temporary connection to another street shall be provided by the subdivider.

4.

Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors on good design permit. Streets shall be designed in a manner which will discourage the use of local streets for through traffic.

5.

The number of intersecting streets along major streets and collector streets should be held to a minimum. Wherever practicable, such intersections should be spaced not less than five hundred feet on center.

6.

Residential lots fronting on collector or arterial streets are strongly discouraged. Residential lots adjacent to collectors or arterials should be served by a residential street paralleling said collectors or arterials, by a series of cul-de-sacs or loop streets extending perpendicularly from said collectors or arterials, or by similar alternative designs.

7.

Lots on street intersections and at all other points likely to be dangerous, in the opinion of the planning commission or city council, shall have a radius of not less than fifteen feet at the street corners.

8.

Cul-de-sac and dead-end streets shall not be longer than eight hundred feet along the centerline nor shall such street serve more than the equivalent of sixteen single family residences. Emergency access or a

through street shall be provided where the layout of the subdivision requires that such street be longer or serve a higher density. A cul-de-sac shall terminate in a clear turning area with a minimum radius of thirtytwo feet with a fifty-foot radius right-of-way. The city engineer may approve alternate turnaround designs which provide equivalent facility.

9.

Where it is in the interest of the public safety or welfare to limit the access to any street or highway, the subdivider may be required to waive direct access rights or easement of access to any such street or highway from any property shown on the final map as abutting thereon.

D.

Curbs, Sidewalks and Pedestrian Ways.

1.

Curb and sidewalk shall be designed in accordance with the standard drawings entitled "Typical Street Sections" which are adopted by resolution of the city council and maintained by the city engineer. Minor deviations to the "Typical Street Sections" may be approved by the city engineer.

2.

Curbs, gutters and sidewalks shall be required in all subdivisions except as noted in subsection (3) below.

3.

The requirement for sidewalks may be omitted in whole or in part by the planning commission provided that the findings are made that such sidewalks are not necessary because of any one of the following:

a.

The traffic count on a particular street is significantly reduced from the established standard for local streets as determined by the city engineer; or

b.

The design or the topography of the subdivision and its relationship to adjoining properties and current and possible future uses does not warrant the standard sidewalk requirements based upon the recommendation of the city engineer.

4.

When required for access to schools, playgrounds, shopping centers, transportation facilities, other community facilities, or for unusually long blocks, the planning commission may require pedestrian ways not less than eight feet in width outside of the street right-of-way. Such pedestrian ways may be required to be paved with a minimum of five feet in width with Portland cement concrete or asphalt concrete as determined by the planning commission.

Where sidewalks are not required, Portland cement concrete driveway aprons shall extend to the property line.

E.

Alleys. The minimum width for alleys shall be twenty feet, except that in cases where, in the opinion of the city council, the topography or special conditions make an alley of such width impossible or impracticable, such lesser width as is deemed adequate by said city council may be provided.

Where alleys are not provided, easements of not less than ten feet in width shall be provided on each side of all front and rear lot lines and five feet on side lines, for poles, wires, conduits, vaults, storm and sanitary sewers, gas, and water mains. Easements of greater width may be required along lot lines or across lots where necessary in the opinion of the city council for the extension of mains, sewers and similar utilities pursuant to Section 16.04.080 and for light and air pursuant to Section 16.04.040(4). In undergrounded subdivisions, where all utilities are served from the frontage, rear and sideline easements may be reduced to five-foot drainage easements to each side of the property line. Special easements may be required for sewer and storm drainage.

(Adopted by Ord. 646 on 7/18/1988)

Subdivision design shall include requirements for streamside and riparian drainage buffer strips as addressed by the conservation/open space element of the city general plan, or as may be required as a result of environmental review completed consistent with the California Environmental Quality Act and local environmental review procedures.

(Adopted by Ord. 646 on 7/18/1988)

Site grading and drainage work shall be based upon plans that are approved by the city engineer. Such plans shall take into consideration the drainage pattern of adjacent improved or unimproved property and shall make drainage provisions adequate for total ultimate development of the natural tributary area.

Grading shall be in full conformance with the design specifications which shall be a part of the subdivision improvement plans and/or agreement approved by the city engineer.

All nonessential water wells and other underground facilities including mine shafts shall be abandoned and removed or sealed by the subdivider in a manner satisfactory to the city engineer. Underground water supplies shall be protected from surface and underground pollution. All underground facilities not abandoned shall be delineated on the parcel map or final map, and measures satisfactory to the city engineer shall be taken to prevent injury to persons or property by use of appropriate physical barricades and deed restrictions.

Drainage facilities and concepts shall likewise conform to design specifications to be part of the subdivision improvement plans and/or agreement approved by the city engineer. In general the design of a proposed subdivision shall be such as to provide for the proper drainage of the proposed subdivision and

all lots and improvements therein, based on the runoff that can be anticipated from ultimate development of the watershed area in which the subdivision is located. Storm water detention measures shall be provided when required by the city engineer to reduce any adverse effects of increased runoff from development on downstream properties. The design shall be such that there are no undrained depressions. Rights-of-way and/or maintenance easements shall be provided within or adjacent to the proposed subdivision for the purpose of flood control channels and conduits or laterals which the developer may also be required to pay for or construct. Off-site storm drain improvements may be required to satisfy this requirement. Further, the design must provide that any concentrations or increases of surface water received by or resulting from the development of the proposed subdivision are conveyed by means of adequate facilities to a suitable natural watercourse in the area or other drainage facility approved by the city engineer. Off-tract rights-ofway as may be necessary for such facilities shall be provided by the subdivider.

he design must provide that any concentrations or increases of surface water received by or resulting from the development of the proposed subdivision are conveyed by means of adequate facilities to a suitable natural watercourse in the area or other drainage facility approved by the city engineer. Off-tract rights-ofway as may be necessary for such facilities shall be provided by the subdivider.

In the event that the subdivision is traversed by any major watercourse, channel, stream, or creek, the subdivider shall dedicate a right-of-way for storm drainage purposes, the side lines thereof conforming substantially to the high water lines of major flow of such watercourse, channel, stream, or creek unless the developer provides other improvements consistent with the intent of this section and which meet the approval of the city engineer to protect the subdivision and adjacent or downstream properties from flood damage. All rights-of-way required to be provided pursuant to this section shall be offered for dedication at the time the final parcel map or final tract map is filed for approval.

(Adopted by Ord. 646 on 7/18/1988)

To the extent that a proposed subdivision will include development in hillside or hilltop areas of the city, design of the subdivision shall ensure that development enhances rather than detracts from or ignores the natural topography, resources, and amenities of the hillsides. Development within such areas should seek to consider the predominant views, both from and of hillside areas, and to retain the sense of identity and imageability that the hillsides now provide to the city. Subdivision design shall also meet requirements for hillside and slope-density development which may be found in other sections of this title and code.

(Adopted by Ord. 646 on 7/18/1988)

Except as otherwise provided in this code, and subject to the provisions of this chapter, sewers and an adequate domestic water supply system shall be installed by the subdivider in each proposed subdivision and connections thereto made from each lot within the subdivision. The requirement that all lots be connected to sewers or the water supply system may be modified by the council, upon request by the subdivider at the time of approval of the final map, if unusual circumstances warrant. The sewer system and domestic water supply system shall be constructed in accordance with specifications to be contained within the subdivision improvement plans and/or agreement approved by the city engineer. Sewer and water facilities shall, when constructed, be dedicated to the agency(s) who shall assure the provision and maintenance of service at the time the tentative map is approved.

As a part of the water supply installed in the proposed subdivision, the subdivider shall install water mains, fire hydrants, gated connections and other fire protection facilities deemed necessary by the City of Sonora

fire chief to provide adequate fire protection to the proposed subdivision. Subdividers may be required to provide fire hydrants and a water system with mains of sufficient size and capacity to serve future extension to adjacent property. The installation shall be in accordance with design specifications to be contained within the subdivision improvement plans and/or agreement approved by the city engineer. All fire protection facilities shall be dedicated to the city upon construction.

(Adopted by Ord. 646 on 7/18/1988)

A.

Underground Utilities. Except as otherwise provided in this code, all existing and proposed utility facilities including but not limited to, electric lines, communication lines, cable television lines, street lighting power supply lines and appurtenances thereto, shall be placed underground and all utility facilities including service laterals shall be installed in the ground prior to the paving of streets. The city engineer may authorize installation of utility facilities after street improvements are installed if the installation will not require reconstruction or repair of the street improvements or if unusual circumstances warrant. All necessary arrangements for the installation of utilities shall be made with the operator of each proposed

subdivision utility system pursuant to this section. Certain utility appurtenances including, but not limited to, transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts used in connection with underground facilities which cannot be placed underground without unreasonable expense may be placed on the surface of the ground. The request shall be made at the time of approval of the tentative map. The planning commission or council may grant the request for all or part of a subdivision where, due to physical conditions, it would cause unreasonable hardship. This section shall not apply to utility lines which do not provide service to the area being subdivided, or for temporary or emergency installations.

B.

Utility Easement. Whenever overhead utilities are allowed in a proposed subdivision by this code, utility easements of sufficient width shall be located along the rear or side lot lines. Whenever possible, such easements shall extend an equal distance into each of two abutting lots. This requirement may be modified or recommended for modification by the planning commission if warranted by unusual circumstances in a particular proposed subdivision. To the extent practicable, underground utility easements, wherever necessary, shall be abutting and parallel to lot lines.

(Adopted by Ord. 646 on 7/18/1988)

Landscaping and tree removal plans are required prior to tentative and final map approval pursuant to Chapter 12.20 of this code. The removal of any trees with a minimum trunk diameter of six inches on any undeveloped parcel in anticipation of developing that parcel is prohibited.

(Adopted by Ord. 646 on 7/18/1988)

A.

Dedication of Land for Parks. The planning commission shall require, as a condition to the approval of a final subdivision map, the dedication or reservation of lands, payment of fees in lieu thereof, or a combination of both for park and recreational purposes. The standards and principles of the City of Sonora General Plan as has heretofore been adopted, as may be amended, and any general plan that may hereafter be adopted by the city shall be the basis for the following dedication requirements.

1.

Relation of Land Dedication to Population.

a.

It is found that in the public interest, convenience, health, welfare and safety that the City of Sonora General Plan standard of two acres for each one thousand residents is the basic amount of property which shall be devoted to park and recreational purposes in the city. The amount and location of land to be dedicated or fees to be paid shall bear reasonable relationship to the use of the park and recreational

facilities by the future inhabitants of the subdivision. It shall be based on population densities characteristic for the several types of residential development as determined by the planning commission and result in the following basic formula:

• Single family residences, 2.34 persons - two hundred four square feet per dwelling unit;

• Multiple dwellings, 1.55 persons - one hundred thirty-five square feet per dwelling unit.

b.

The total acreage of recreation space needed to meet the standards set forth shall be the cumulative amount of square feet/acres determined for the respective number of dwelling units in each category which are included in the final subdivision map filed with the city council for approval. Dedication of land for park or recreational purposes shall not be required in subdivisions containing fifty parcels or less, but payment of fees in lieu thereof shall be required. In subdivisions containing over fifty parcels either land dedication, or fees in lieu thereof, or a combination of both, may be required in such a ratio as the planning commission deems the most desirable.

2.

Amount of Fees in Lieu of Land Dedication. Where fees are required to be paid in lieu of land dedication, such fees shall be based on the fair market value of land in that subdivision as determined by the most recent appraisal by the Tuolumne County assessor at the time the tentative map is approved. The amount of such fees shall be the sum equal to the fair market value of the amount of land which would otherwise be required for dedication according to the foregoing formula. In the case of a combination of fees and land dedication, the fee shall represent a sum equal to the fair market value of that land portion which remains after the acreage of dedicated land is deducted from the total acreage requirement which is determined by the planning commission. Such fee shall be deposited in the park and recreation fund for the purpose of acquisition, improvement or maintenance of recreation facilities within the city. If the subdivider objects to an evaluation by assessed value and modified to market value, he may at his expense obtain an appraisal

of the property by a qualified real estate appraiser, which appraisal may be accepted by the planning commission if found reasonable.

3.

Quality Requirements for Lands to be Dedicated.

a.

Lands to be dedicated or reserved for park or recreational purposes shall be suitable in the opinion of the planning commission and the park and recreation commission in location, topography, environmental characteristics and development potential as related to the intended use. The primary intent of this section shall always be construed to provide the land for functional recreational units of local or neighborhood service, including, but not limited to, tot lots, play lots, playgrounds, neighborhood parks, playing fields, community or district parks and other specialized recreational facilities which may serve the family group and also senior citizens' activities. Principal consideration shall be given, therefore, to lands which offer:

• A variety of recreation potential for all age groups;

• Recreational opportunities within walking distance from residents' homes;

• Possibility for expansion or connection with school grounds;

• Integration with hiking, riding, and bicycle trails, natural stream reserves and other open space; and

• Coordination with all other park systems.

b.

In addition to such intensive use areas, and with the approval of the planning commission and park and recreation commission, credit may be given for areas suitable to:

• Activities usually associated with natural environment; and

• Greenbelts formed by natural streams, canyons, ridgelines and wooded lands which lend themselves to hiking, cycling and horseback riding.

c.

All lands to be dedicated must have access through a minimum right-of-way equal to similar improvements in the subdivision. Utility stub outs must be provided for an easy connection of all utilities. They must be of sufficient size and capacity to accommodate service for the ultimate development of the dedicated land.

4.

Time for Facility Development. At the time of approval of the tentative subdivision map, the planning commission and city council shall specify as a condition of approval whether the city will accept dedication of the facility site to develop and maintain, or whether development and maintenance of the facility site will be performed by an organized homeowner's association. At the time of approval of the final map, the city council shall specify when development of the facility shall begin.

5.

Industrial and Commercial Subdivision. The provisions of this section shall not apply to industrial or commercial subdivisions.

B.

Public Facility Sites. Tentative maps for new subdivisions shall indicate sites for required public facilities, including, but not limited to, sites for libraries, fire stations and police substations. The required sites shall be offered to the city for immediate purchase or under exclusive option for a period of two years from the date of execution, at current unsubdivided land fair market values on said date of execution plus interest and any necessary costs incurred by subdivider from date of execution to date of exercise of said option, which are beneficial to the city. Such agreements shall be executed prior to city approval of the final map or parcel map, and shall be a condition of such approval.

C.

Reservations.

1.

Areas of real property within the subdivision may be required to be reserved for parks, recreational facilities, fire stations, libraries, or other public uses, subject to the following conditions:

a.

The requirement is based upon adopted specific plan or adopted general plan policies and standards for those uses, and the required reservations are in accordance with those policies and standards.

b.

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.

c.

The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific 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.

2.

The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of the filing of the tentative

ncy for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. 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. As part of the binding agreement to acquire the reserved area, the public agency of benefit shall agree to maintain the property in a responsible manner, protecting it from such health and safety considerations as fire hazards, accumulation of garbage, unsightly storage of materials, as examples.

3.

If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

4.

The authority granted by this chapter is additional to all other authority granted by law to local agencies relating to subdivisions and shall in no way be construed as a limitation on or diminution of any such authority.

D.

Local Transit Facilities. A subdivider may be required to provide for a dedication or 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 which directly benefit the residents of a subdivision if the council finds that transit services are or will within a reasonable time period be made available to such subdivision.

E.

Supplemental Improvements.

1.

The city may impose requirements that the improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental sizes, capacity or number for the benefit of property not within the subdivision and that such improvements be dedicated to the city.

2.

Whenever the city imposes this requirement upon a subdivider the city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to differences between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.

3.

In order to reimburse the developer pursuant to the agreement, the council may at its discretion select one of these alternatives:

a.

Immediately reimburse the subdivider for the entire cost of such supplemental capacity, size or number and thereafter may levy a charge upon the real property benefited thereby;

b.

Collect a reasonable use charge for the account of the subdividers from persons not within the subdivision using the supplemental capacity, size or number; or

c.

Establish and maintain local benefit districts for the levy and collection of the charge attributable to the property benefited by the supplemental capacity, size or number.

4.

A public hearing or special election shall be held by the council in accordance with the provisions of current state law before any charge, area of benefit or local benefit district shall be established.

F.

Title Policy or Certificate Required. All dedications and offers of dedication shall be accompanied by a certificate of title or policy of title insurance, issued by a title company authorized by the laws of the state to write the same, showing the names of all persons having a recorded interest in the land to be dedicated or offered for dedication. Such certificate or policy shall be submitted to the city engineer at the time the final map or parcel map is submitted for examination and certification. After the final map is recorded, or if dedications and offers of dedication are by separate instrument, after such instrument or instruments are recorded, a policy of title insurance shall be issued for the benefit and protection of the city. Any expense involved in complying with the provisions of this section shall be borne by the subdivider.

(Adopted by Ord. 646 on 7/18/1988)

In addition to the principles and standards in this title which are appropriate to the planning of all subdivisions, the subdivider shall demonstrate to the satisfaction of the commission that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into other uses in the vicinity. The following principles and standards shall be observed:

A.

Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

B.

Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereon.

C.

Special requirements may be imposed by the city with respect to street, curb, gutter and sidewalk design and construction.

D.

Special requirements may be imposed by the city with respect to the installation of public utilities, including water, sewer and storm drainage.

E.

Nonresidential subdivisions shall be designed to protect adjacent areas from potential nuisance from the proposed nonresidential subdivisions, including the provisions of extra depth and setback in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when determined necessary by the planning commission.

F.

Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas, or connected to streets intended for predominantly residential traffic.

G.

Nonresidential subdivisions shall take into account and specifically designate all private areas proposed for vehicular circulation and parking, for pedestrian circulation, and for buffer strips and other landscaping.

H.

Buffer strips shall consist of landscaped areas which are designed to shield and otherwise soften the effect of the nonresidential subdivision on nearby residential areas. Said buffer strips shall be improved to standards as specified in the Sonora zoning ordinance.

(Adopted by Ord. 646 on 7/18/1988)

The subdivider shall prepare plans and specifications for the improvements required for the proposed subdivision rules or pursuant to this code, the Subdivision Map Act, and the regulations of any other entity having jurisdiction over the improvements described therein.

A.

Approval of Improvement Plans. The city engineer or the engineer for any other entity having jurisdiction over improvements shown in the improvement plans shall review the plans, and, only if such plans fully comply with the requirements of the Subdivision Map Act, this code and the rules or regulations of the other entity, and substantially comply with the tentative map, shall the city engineer sign the improvement plans. Improvement plans submitted to the city engineer for approval shall contain, on the title sheet of said plans, the approval signatures of public agencies providing utilities to the subdivision. Where utilities provide and maintain their own construction plans of their respective utility, the improvement plans shall so

state. A written acknowledgement by such utility that the utility's plans are consistent with the submitted improvement plans shall be received by the city engineer.

Where fire hydrants are required to be provided, the City of Sonora fire chief shall sign the plans approving the locations shown thereon.

B.

Preparation of Improvement Plans. Improvement plans shall be printed or drawn clearly and legibly and reproduced on mylar which results in a permanent record which will permit direct reproductions. Each sheet shall be twenty-four inches vertically by thirty-six inches horizontally with a marginal line drawn completely around each sheet, leaving an entirely blank margin of one and one- half inches on the left side and one-half inch on the other three sides. If the improvement plans include five or more sheets, a key map showing the sheets and the area covered by each sheet of the plan shall be included on the first sheet of the plans. The form of all improvement plans shall conform to such additional requirements as may be established by the city engineer.

C.

Grading Plans Included in Improvement Plans. Improvement plans shall also include complete grading plans. These plans shall show proper grading and erosion control, including prevention of sedimentation and damage to off-site property, pursuant to Government Code Section 66411 of the state. Grading plans shall contain a title block and shall have a graphical scale in addition to a numerical scale. The grading plans may be submitted initially on sheets larger than twenty-four inches by thirty-six inches. However, if initial plans are submitted on such larger sheets, after the proposed subdivision has been graded, the grading plans must be resubmitted in sheets conforming in size and margin requirements to the remainder of the improvement plans. Grading plans resubmitted at the proper size may be a series of twenty-four inch by thirty-six inch mylar or vellum prints made with proper overlap and title block from the initially submitted grading plans.

D.

Preliminary Soils Report. A preliminary soils report pursuant to Section 66470 of the California Government Code shall be submitted with, and referenced by, all subdivision improvement plans.

E.

Contents of Improvement Plans. Improvement plans shall be prepared according to good engineering practice and the standards of the city or other entity having jurisdiction, under the direction of, and shall be signed by, a California State Registered Civil Engineer. Basic plan scale shall be approved by the city engineer. The improvement plans shall show the complete plans, profiles and details for all improvements to be placed in a proposed subdivision including, but not limited to, all street work, drainage channels and structures, all underground utilities to be installed by the subdivider including all appurtenances thereto located within the right-of-way, retaining walls or other improvements to support cut slopes and embankments, bridges if constructed in conjunction with subdivision improvements, the location of underground utilities not within the right-of-way which may control the location and elevation of storm drains and culverts, the location of fire hydrants, curbs, gutters and sidewalks, fences that may be required,

gates, structures and drainage facilities necessary to control slides and other improvements which may be required to complete the work.

F.

Changes in Improvement Plans. Subsequent to signed approval of the subdivision improvement plans by the city engineer or engineer of any other entity having jurisdiction over any improvements shown in the plan, no change shall be made to said plans without prior approval of the engineer. All changes approved by the engineer shall comply with the requirements of this code or the standards of the other entity. Each request for approval of a change in the improvement plans shall be accompanied by the required fee prescribed by council resolution.

G.

Cost Estimate. An estimate of the cost of the improvements to the proposed subdivision shall be prepared by the subdivider's engineer and shall accompany the improvement plans each time they are submitted. Cost estimates shall be itemized unit price estimates indicating the item of work, estimated quantity and extension. All items of work necessary to complete the subdivision, including public agency utility construction and all public agency and utility fees payable by the developer, shall be indicated on the

estimate. Items of work shall be subdivided by the type of work, jurisdiction or utility and indicated whether the specific item is a direct construction cost or a fee paid for construction by a utility. Cost estimates shall include a separate item for contingencies in the amount of fifteen percent of the estimated actual cost. Upon consideration of the estimate submitted by the subdivider, the city engineer shall determine the estimated cost for the improvements of the proposed subdivision.

H.

Plan Checking Fees. After submission of improvement plans and estimate to the city engineer, and prior to review of said plans, the subdivider shall pay a plan checking fee to the city as set forth by resolution. Said fee shall be a percentage of the approved estimate of the construction costs of those improvements to be inspected by or accepted by the city. The plan checking fee shall be a set fee, and shall be utilized to provide one review of the estimate and all required improvement plan documents including review of utility plans (approved by others) for consistency with the overall subdivision plan and city requirements. One set of check prints will be returned to the developer with marked up corrections, if any, and a final review of corrected plans for approval will be included.

Where substantial changes or additions are needed to be made to the plans and the submitted plans are rejected, re-review of resubmitted plans shall be payable to the city at the current hourly rate of the city engineer.

I.

Commencement of Improvements; Staged Grading. Except as otherwise provided herein, grading of the proposed subdivision and construction of any improvements thereon shall not begin until the city engineer has approved the improvement plans for the proposed construction. Staged grading may be permitted if the city engineer finds that such grading is not detrimental to the subdivision improvement or the surrounding properties.

(Adopted by Ord. 646 on 7/18/1988)

A.

Generally. Subdivision improvement agreements shall apply to all required improvements which are not constructed prior to approval of the final map and shall be governed by the following provisions and state law.

1.

Prior to submitting a final parcel map or final map of a proposed subdivision for approval pursuant to this chapter, the subdivider and all owners of land in the subdivision substantially interested in the subdivision shall execute an improvement agreement, in a form approved by the city engineer and the city attorney, whereby each is bound to construct, within a reasonable time specified therein, the improvements which have not been completed and accepted by the city prior to approval of the final tract map or final parcel map required for the subdivision pursuant to this code.

2.

The agreement shall specify the time for completion of the improvements. Construction requirements of parcel maps shall not be required until such time as a permit is issued by the city, unless construction is required pursuant to an agreement between the city and the subdivider, or unless the council requires construction within a reasonable time following approval of the parcel map and prior to the issuance of a permit or grant of approval for development upon a finding that construction is necessary for reasons of public health and safety or the orderly development of the surrounding area. The time of completion of construction requirements for subdivisions which have multiple final maps may be specified by the city, including the authority to require completion of improvements on any of the multiple final maps.

3.

Parcel map improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision, regardless of the sequence of construction of the final maps by the subdivider, where the improvements are desirable to serve the residents of the subdivision being constructed or to accommodate the public generally who will be impacted by the subdivision.

4.

The same parties shall secure execution of this agreement by good and sufficient improvement security as provided for in this chapter.

5.

The agreement, executed by the subdivider and owner, shall be submitted to the council. If approved by the council, the mayor shall execute the agreement on behalf of the city.

B.

Completion of Improvements. Unless a different time period is specified by the city, the subdivision improvements shall be completed by the developer within eighteen months from the approval of the final map may be extended by the city engineer, not to exceed a period of twenty-four months from the recording of the final map, unless an extension is granted by the council.

Should the subdivider fail to complete the improvements within the specified time, the city may, by resolution of the council and at its option, cause any or all uncompleted improvements to be completed, and the parties executing the agreement and the surety or sureties shall be firmly bound for the payment of all necessary costs therefor.

C.

Designated Remainder Parcel; Construction Requirements. When a subdivision is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing.

For such a designated remainder parcel, the fulfillment of construction requirements for improvements shall not be required until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the city. In the absence of such an agreement, the city may require fulfillment of such construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the council that fulfillment of the construction requirements is necessary for reasons of:

1.

The public health and safety; or

2.

The required construction is a necessary prerequisite to the orderly development of the surrounding area.

D.

Improvements Agreement; Time Extensions. The completion date specified by Section 16.04.120(B) of this chapter may be extended by the council for subdivision of five or more parcels and by the city engineer for subdivision of four or less parcels upon written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty days prior to expiration of the subdivision improvement agreement.

The subdivider shall enter into a subdivision improvement agreement extension with the city. For subdivisions of five or more parcels the agreement shall be prepared and signed by the city engineer, approved as to form by the city attorney, executed by the subdivider and transmitted to the city council for their consideration. If approved by the council, the mayor shall execute the agreement on behalf of the city.

In consideration of a subdivision improvement extension agreement, one or more of the following may be required:

Revision of improvement plans to provide for current design and construction standards when required by the city engineer;

2.

Revised improvement construction estimates to reflect current improvement costs as approved by the city engineer;

3.

Increase of improvement securities in accordance with revised construction estimates; or

4.

Inspection, plan check and other fees, if appropriate, may be adjusted to reflect current construction costs or changes in the method of calculation.

The council may impose additional requirements as recommended by the city engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements.

The costs incurred by the city in processing the agreement shall be borne by the developer at the actual cost thereof to the city.

E.

Time Extension Fees. All required time extension fees shall be paid to the city at the time of filing any request for extension of the time specified in the improvement agreement.

(Adopted by Ord. 646 on 7/18/1988)

The construction methods and materials for all improvements shall conform to the standard specifications of the state of California Department of Transportation or as approved by the city engineer.

Construction shall not commence until required improvement plans have been approved in writing by the city engineer.

(Adopted by Ord. 646 on 7/18/1988)

A.

Generally. All improvements are subject to inspection by the city engineer or authorized agent in accordance with the city's standard specifications.

B.

Soils Testing. Prior to commencement of construction the developer shall retain the services of a qualified soils testing firm as approved by the city engineer to conduct compaction and resistance valve testing in

accordance with Caltrans testing standards.

Compaction testing shall be conducted within all street embankments, street utility trenches, and street subgrade in accordance with a schedule approved by the city engineer.

Resistance valve testing shall be conducted near completion of embankments and prior to application of the base course. The structural section of the street shall be based upon:

1.

The resistant valve of the soil;

2.

The expansion properties of the soil;

3.

The traffic index as determined by the city engineer.

The minimum structural section of two-inch asphalt concrete over six-inch Class 2 aggregate base shall be increased where R-valve testing indicates a greater section. R-valve testing may be waived by city engineer when sufficient evidence exists to show that the minimum section will adequately support the traffic load.

Whenever soils testing is conducted, the city engineer shall determine the sampling or testing location. Test reports shall be submitted directly to the city engineer by the soils firm.

C.

Pre-Construction Conference. Prior to commencing any construction, the developer shall arrange for a preconstruction conference with the city engineer or his authorized agent.

D.

Final Inspection and Deficiency List. Upon completion of the subdivision improvements, the developer shall apply in writing to the city engineer for a preliminary final inspection. The city engineer or authorized representative shall schedule a preliminary final inspection.

A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items are excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the city engineer or authorized representative.

When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the developer for correction.

Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. The city engineer or authorized representative shall then make a final inspection.

Upon finding that all items on the deficiency list have been corrected and receipt of as built improvement plans, the subdivision shall be placed on the council agenda for acceptance.

The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered.

E.

Inspection Fees. Prior to commencement of construction, the subdivider shall deposit with the city an inspection fee as set forth by resolution. Said fee shall be a percentage of the approved estimate of construction costs of those improvements to be inspected by, or accepted by the city. The inspection fee shall be a deposit utilized to pay the cost of the city engineer, special inspector, or city staff in reviewing the work in progress for conformance with the approved plans and specifications. Prior to acceptance of the improvements, a statement of actual expenses incurred for inspection of the project shall be prepared by the city. The subdivider shall be reimbursed or pay the difference in the deposit versus the actual costs incurred upon acceptance of the improvements.

(Adopted by Ord. 646 on 7/18/1988)

At the time of completion of the improvements required pursuant to this code, and as a condition precedent to both the final inspection by the city engineer and the exoneration of the improvement security, the subdivider shall submit two sets of prints and a clear reproducible copy of the original tracings on polyester based film which have been modified for as-built conditions.

(Adopted by Ord. 646 on 7/18/1988)

16.04.160 - Improvement Security

A.

Generally. Any improvement agreement, contract, or act required or authorized by the Subdivision Map Act (66462) for which security is required shall be secured in accordance with Section 66499 of the Government Code and as provided herein. Generally, performance and payment security is required where a map is to be recorded prior to completion of all required subdivision improvements. Warranty security is required upon acceptance of improvement offered for dedication.

No final subdivision map or parcel map subject to an improvement agreement shall be approved by the city or recorded unless all required improvements have been completed, or performance and payment security required by this section have been received and approved. No newly constructed subdivision improvements which are offered for dedication to the city, shall be accepted by the city until warranty security guaranteeing the improvements for a period of one year from the date of acceptance, has been received and approved.

B.

Form of Security. The form of security shall be one or the combination of the following at the option and subject to the approval of the city.

Bond or bonds by one or more duly authorized corporate sureties.

2.

A deposit, either with the local agency or a responsible escrow agency or trust company, at the option of the city, or money or negotiable bonds of the kind approved for securing deposits of public monies.

3.

An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

The provisions of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the state Subdivision Map Act.

C.

Performance and Payment Security. A performance bond or security in the amount of one hundred percent of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of fifty percent of the estimated construction cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements.

Where the security consists of a cash deposit to the city or a financial institution approved by the city, performance security may be reduced to seventy-five percent for a total cash deposit of one hundred twenty-five percent of the estimated construction cost. The estimated improvement costs shall be as approved by the city engineer and shall provide for:

1.

Not less than five percent nor more than fifteen percent of the total construction cost for contingencies.

2.

Increase for projected inflation computed to the estimated midpoint of construction.

3.

All public agency provided utility costs of construction as well as fees required as a precedent to acceptance of the improvement by that agency. Where a separate bond is required by the agency, or where such bond is specifically waived, these costs may be excluded from the estimate.

4.

All utility installation costs or a certification acceptable to the city engineer from the utility company that adequate security has been deposited to insure installation.

The cost of trenching and backfill within streets and utility easements.

6.

In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney's fees, incurred in enforcing the obligation secured.

D.

Warranty Security. Upon acceptance of the subdivision improvements by the city, the sub-divider shall provide security in the amount as required by the city engineer to guarantee the improvements accepted by the city for a period of one year from acceptance. The amount of the warranty security shall be not less than ten percent of the cost of the construction of the improvements, which shall be retained for the oneyear warranty period. Such security shall be releasable only upon written authorization of the city engineer.

E.

Reduction in Performance Security. The city engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than ten percent of the total improvement security given for faithful performance until final completion of all improvements.

The amount of reduction of the security shall be as determined by the city engineer, however, in no event shall the city engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the ordinance from which this title is derived, the Subdivision Map Act, or the improvement agreement.

F.

Release of Improvement Securities.

1.

Performance Security. The performance security shall be released only upon acceptance of the improvements by the city and when an approved warranty security has been filed with the city engineer.

2.

Material and Labor Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, thirty-five days after the completion and acceptance of the improvements by the city, be reduced to an amount equal to the amount of all claims therefore filed and of which notice has been given to the city. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period provided:

a.

All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected.

b.

Not less than twelve months have elapsed since the acceptance of the improvements by the city.

G.

Reduction of Bond by Reason of Other Bonds Furnished. If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the city may at its option provide that, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by an amount corresponding to the amount of such bonds so furnished by the contractor.

H.

Exemption From Levy. Such money, negotiable bond or instrument of credit shall be a trust fund to guarantee performance and shall not be subject to levy or attachment by any creditors of the depositor until the obligation secured thereby is performed to the satisfaction of the city.

I.

Obligation Subject to Approval of Another Agency. In all cases where the performance of the obligation for which the security is required is subject to the approval of another agency, the city shall not release the security until the obligation is performed to the satisfaction of such other agency. Such agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.

(Adopted by Ord. 646 on 7/18/1988)