Article 2

The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is impractical due to physical constraints or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the City for the installation of all frontage improvements at such time in the future as required by the City. The agreement shall provide:

• (a) That the construction of such improvements shall commence within sixty (60) days after the receipt of the notice to proceed from the City;

• (b) That in the event of default by the owner or his successors or assigns, the City is authorized to cause such construction to be done and charge the entire cost and expense to the owner, or his successors or assigns, including interest from the date of the notice of such costs and expenses until paid;

• (c) That the agreement shall be recorded in the office of the County Recorder at the expense of the owner and shall constitute notice to all successors and assigns of the title to the real property of the obligation set forth, and also a lien in an amount to fully reimburse the City, including interest as set forth in subsection (b) of this section, subject to foreclosure in the event of default in payment;

• (d) That in the event of litigation occasioned by any default of the owner, or his successors or assigns, the owner, or his successors or assigns, agrees to pay all costs involved, including reasonable attorneys' fees, and that such costs shall become apart of the lien against the real property; and

• (e) That the term "owner" shall include not only the present owner but also his heirs, successors, executors, administrators, and assigns, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it.

• The agreement shall not relieve the owner from any other specific requirements. The construction of deferred improvements shall conform to the provisions of this title and all applicable sections of this Code in effect at the time of construction.

Where remainders are made a part of a final map or parcel map, the subdivider shall enter into an agreement with the City to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel. The improvements shall be at the subdivider's expense. In the absence of an agreement, the City may require the fulfillment of the construction requirements within a reasonable time following the approval of the map upon a finding that the fulfillment of the construction requirements is necessary for reasons of:

• (a) The public health and safety; or

• (b) The required construction is a necessary prerequisite to the orderly development of the surrounding area.

Downloaded from https://ecode360.com/TU4675 on 2026-07-06

City of Turlock, CA § 11-8-301

SUBDIVISIONS

The design and layout of all required improvements, both on the site and off the site, private and public, shall conform to generally acceptable engineering standards and to such standards as approved by the City.

The design of a subdivision for which a tentative map is required pursuant to Chapter 5 of this title shall provide, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision.

Examples of passive or natural heating opportunities in subdivision design include the design of the lot size and configuration to permit the orientation of a structure in an east-west alignment for southern exposure.

Examples of passive or natural cooling opportunities in subdivision design include the design of the lot size and configuration to permit the orientation of a structure to take advantage of shade or prevailing breezes.

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provisions shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning laws in force at the time the tentative map is filed.

The requirements of this section shall not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

For the purpose of this section, "feasible" shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

The subdivision shall abut upon or have an approved access to a public street.

The street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision.

Reserve strips, or nonaccess at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required.

Downloaded from https://ecode360.com/TU4675 on 2026-07-06

City of Turlock, CA § 11-8-401

SUBDIVISIONS