Chapter 15.06 — GENERAL REGULATIONS

The provisions of Section 15.06.010 through Section 15.06.300, inclusive, shall be known as the general requirements of this subdivision title. The purpose of these provisions is to set forth the general requirements for all subdivisions, land divisions and mergers in order to promote the orderly growth of the city. The specific requirements for each of these activities are included as part of each individual chapter of this title.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

A.

The city may impose a requirement of dedication or irrevocable offer of dedication of real property within the subdivision for streets, alleys, including access rights and abutter's rights, drainage, public utility easements and other public easements. Such irrevocable offers may be terminated as provided in subsections (E) and (F) of this section.

B.

At the time the city council approves a final map, it shall also accept, subject to improvement, or reject any offer of dedication. The city clerk shall certify or state on the map the action by the city council.

C.

If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements are rejected, subject to Section 771.010 of the Code of Civil Procedure (as amended), the offer of dedication shall remain open and the city 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, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or

storm drainage easements for public use, which acceptance shall be recorded in the office of the county recorder.

D.

In the case of any subdivision fronting upon the shoreline, the offer of dedication of public access route or routes from public highways to land below the ordinary high water mark shall be accepted within three years after the approval of the final map; in the case of any subdivision fronting upon any public waterway, river, or stream, the offer of dedication of public access route or routes from public highways to the bank of the waterway, river or stream, and the public easement along a portion of the bank of the waterway, river, or stream shall be accepted within three years after the approval of the final map; in the case of any

subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the state, the offer of dedication of public access route or routes from public highways to any water of such lake or reservoir shall be accepted within five years after the approval of the final map; all other offers of dedication may be accepted at any time.

E.

Offers of dedication which are covered by subsection (C) of this section may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code.

F.

Offers of dedication which are not accepted within the time limits specified in subsection (D) of this section shall be deemed abandoned.

G.

Except as provided in Chapter 15.18 of this title, if a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon approval of the map by the city council.

H.

Acceptance of offers of dedication on a final map shall not be effective until the final map is filed in the office of the county recorder or a resolution of acceptance by the city council is filed in such office.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

All streets and highways shall comply with the following standards:

A.

The width and alignment shall conform to any master plan of streets and highways approved by the city council. If the width and alignment is not shown on such a master plan, then the public works director shall determine the standards.

B.

Street and highway design shall conform to the adopted public improvement standards.

C.

When the rear of any lots border any freeway, arterial street or collector street, the planning commission and/or city council may require an instrument deemed sufficient by the city attorney prohibiting the right of ingress or egress to the rear of such lots across side lines of such freeway or street.

D.

Where a parcel is subdivided into lots of one acre or more, the planning commission and/or city council may require that the blocks shall be of such size and shape, and be so divided into lots, as to provide for the extension and opening of the street at such intervals as will permit a subsequent division of any parcel into lots of legal size.

E.

All street names shall be approved by the public works director and the fire chief.

F.

The planning commission and/or city council may require the following street and highway dedications and improvements:

1.

Rights-of-way for any streets and highways indicated on any master plan of streets and highways, the general plan and any applicable specific plan adopted by the city council;

2.

Service roads to provide ingress and egress to and from lots with frontage on any arterial streets or collector streets;

3.

Planting strips adjacent to any freeways or arterial streets when the rear of any lots are adjacent to such freeway or arterial streets.

G.

The city may impose a requirement that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property shown on a final or parcel map as abutting thereon; and if the dedication is accepted, any such waiver shall become effective in accordance with such requirement.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The dedication or irrevocable offer of dedication of land within a residential subdivision shall be required for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of the subdivision. This requirement shall be applicable only in the following circumstances, except for condominium projects or stock cooperatives which consist of airspace in an existing apartment more than five years old when no new dwelling units are added:

A.

The subdivision has the potential for two hundred dwelling units or more if developed to the maximum density shown on the general plan, or the subdivision contains one hundred acres or more; and

B.

The planning commission and/or city council find the transit services are, or will be within a reasonable period of time, available to the subdivision.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The planning commission and/or city council may require, where feasible, the dedication of additional land for bicycle paths for the use and safety of residents of a subdivision if the subdivision contains two hundred or more parcels.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

Sidewalks shall be installed to grades, locations, widths and cross-sections approved by the public works director, except that the planning commission and/or city council may modify or waive these standards if the density or intensity of development make the installation of sidewalks impractical.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The planning commission and/or city council may require, where necessary, the dedication and improvement of walkways and trails across long blocks or open space areas to provide access to schools, parks and other public facilities.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

Provisions shall be made for any and all railroad crossings necessary to provide access or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the California State Public Utilities Commission for the establishment and improvement of such crossing. The subdivider shall bear any portion of the cost of such railroad crossing as the city may be directed to pay on order of the Public Utilities Commission.

(Ord. 1956 N.C.(2d) § 3 (part), 1989.)

The width of each block shall be sufficient for a maximum layout of two rows of lots of a size required by the provisions of this title and the zoning ordinance. The length of each block shall not exceed one thousand feet. These requirements may be modified if the public works director and development services director believe the general layout in the vicinity, lines of ownership, topographic conditions or location of existing streets make this requirement impractical.

(Ord. 1368 N.C.(2d) § 18, 1996: Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.06.100 - Lots.

All lots shall comply with the following standards:

A.

The number of lots per acre shall be consistent with the designated density range of the general plan;

B.

The size and shape of any lot shall be in conformance with the zoning regulations pertaining to the zoning district of the proposed subdivision;

C.

The side lines of all lots, so far as possible, shall be at right angles to the street which the lot faces, or radial or approximately radial if the street is curved;

D.

No lot shall be divided by a city boundary line;

E.

Every lot shall have direct frontage on a street, or access to a street by way of an access easement;

F.

Lots other than corner lots may front on more than one street if topographic or other unusual conditions exist;

G.

No lot with a known hazard shall be created for private ownership if the hazard cannot be mitigated;

H.

No lot shall be created which cannot be put to a use permitted under the provisions of Title 16, zoning; or when it is reasonably foreseeable such a lot will result in a use that violates city provisions to further health,

safety, or general welfare policies.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

A.

When a subdivision, as defined in Section 15.04.050, 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. The designated portion shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required by the city.

B.

The city will not require the fulfillment of requirements for designated remainder parcel improvements until a permit or other grant of development approval for development of the remainder parcel is approved by the development services director, planning commission and/or city council, or until the construction of the improvements is required pursuant to an agreement between the subdivider and the city. If no such agreement is made, then the development services director and/or public works director may require fulfillment of the construction requirements within a reasonable time following approval of the final map and prior to issuance of a permit or other grant of approval for the development of the remainder parcel if one of the following findings can be made:

1.

The fulfillment of the construction requirements is necessary for reasons of public health and safety; or

2.

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

C.

A designated remainder parcel may be sold without the further filing of a parcel map or final map if the subdivider obtains from the city a certificate or a conditional certificate of compliance.

(Ord. 1368 N.C.(2d) § 18, 1996: Ord. 1056 N.C.(2d) § 3 (part), 1989.)

Easements for the purpose of installing utilities, planting strips and for other public purposes as may be ordered or directed by the city council shall be dedicated to the city or other appropriate agency. Dedications to agencies other than the city shall be implemented by such agencies and shall meet the approval of such agencies.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

Installation of sanitary sewer facilities shall comply with the following:

A.

The subdivider shall provide all on-site and offsite sanitary sewer facilities determined necessary by the Vallejo Sanitation and Flood Control District.

B.

All sanitary sewer collection facilities installed to supply service to any subdivision shall be placed underground, with the exception of equipment appurtenant to underground facilities. The subdivider is responsible for complying with this requirement, and shall make the necessary arrangements with the Vallejo Sanitation and Flood Control District.

C.

All sanitary sewer facilities installed in streets, service roads, alleys or highways shall be constructed before surfacing of such streets, service roads, alleys or highways.

Service connections for all sanitary sewers shall be laid to lengths that will avoid disturbing street or fey improvements when service connections thereto are made.

D.

The subdivider shall grant easements not less than fifteen feet in width for sanitary sewer facilities on each side of rear lot lines, along side lot lines, and in planting strips wherever necessary. There shall be no longitudinal split of the easement by lot lines. Easements of lesser width may be allowed by the Vallejo Station and Flood Control District.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

All storm drainage facilities shall comply with the following:

A.

The subdivider shall provide all on-site and off-site storm drainage facilities determined necessary by the Vallejo Sanitation and Flood Control District.

B.

All storm drainage facilities installed to supply service to any subdivision shall be placed underground, with the exception of equipment appurtenant to underground facilities. The subdivider is responsible for complying with this requirement, and shall make the necessary arrangements with the Vallejo Sanitation and Flood Control District.

C.

All storm drainage facilities installed in sheets, service reads, alleys or highways shall be constructed before surfacing of such streets, service roads, alleys or highways. Service connections for all storm drainage facilities shall be laid to lengths that will avoid disturbing the street or alley improvements when service connections thereto are made.

D.

The subdivider shall grant easements not less than fifteen feet in width for sanitary sewer facilities on each side of rear lot lines, along side lot lines, and in planting strips wherever necessary. There shall be no longitudinal split of the went by lot lines. Easements of lesser width may be allowed by the Vallejo Sanitation and Flood Control District.

(Ord. 1056 N.C.(2d) § 3 (part, 1989.)

Water mains and fire hydrants of design, layout, and locations approved by the public works director connecting to the city water system shall be installed in accordance with the water ordinance of the city.

(Ord. 1056 N.C.(2d) § 3 (part, 1989.)

All gas and electric facilities shall comply with the following:

A.

The subdivider shall provide all on-site and off-site gas and electric facilities determined necessary by the public utilities company providing service.

B.

All gas and electric distribution facilities installed to supply service to any subdivision shall be placed underground, with the exception of equipment appurtenant to underground facilities. The subdivider is responsible for complying with this requirement, and shall make the necessary arrangements with the public utility companies for the installation of said facilities. These provisions may be waived by the public works director if topographic, soil, or any other physical conditions make underground installation of such facilities unreasonable or impractical.

C.

All underground facilities installed in streets, service roads, alleys or highways shall be constructed before surfacing such streets, service roads, alleys or highways. Service connections for all underground facilities shall be laid to lengths that will avoid disturbing the sheet or alley improvements when service connections thereto are made.

D.

The subdivider shall get easements not less than five feet in width for public utility facilities purposes on each side of rear lot lines, along side lot lines, and in planting strips wherever necessary. Easements of

lesser width may be allowed by the public works director.

E.

Where undergrounding is unreasonable or impractical, menu for overhead wire lines shall be provided at the rear of all lots, except where alleys are available, and in contiguous locations to permit anchorage, line continuity, ingress, and egress.

(Ord. 1056 N.C.(2d) § 3 (part, 1989.)

15.06.170 - Communication facilities—Telephone—Cable television—Mail.

All communication facilities, including but not limited to telephone cable television and mail, shall comply with the following:

A.

All residential subdivisions that require a tentative map, as described in Section 15.04.270, shall provide for the availability of individual household telephone service to each residential parcel in the subdivision.

B.

All residential subdivisions that require a tentative map, as described in Section 15.04.270, shall provide one or more appropriate cable television systems an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision.

C.

All telephone and cable television facilities shall comply with the requirements described in Section 15.06.160(A) through (E).

D.

The subdivider shall reimburse a telephone corporation and/or cable television system for all costs for the replacement, undergrounding or permanent or temporary relocation of existing facilities of a telephone corporation and/or cable television system required by the subdivision.

E.

The subdivider of a residential subdivision shall provide locations for mail delivery boxes in accordance with U.S. Postal Service requirements.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.06.180 - Future passive or natural heating or cooling.

The design of a subdivision which requires a tentative map, as described in Section 15.04.270, shall provide for future passive or natural heating or cooling opportunities to the extent feasible; except this requirement is not applicable to condominium projects which consist of airspace in an existing building

when no new structures are added. A subdivision may satisfy this requirement with one or more of the following:

A.

Design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure;

B.

Design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes;

C.

Consideration of local climate, contour, existing natural features and the. configuration of the property to be divided.

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

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

Landscaping, including street trees, shall be installed along all streets, highways, freeways and other public rights-of-way which are part of or which border a subdivision. This landscaping shall meet the requirements set forth in the zoning ordinance.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The subdivider may be required by the public works director to dedicate easements for street lighting and to install such lighting.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.06.210 - Public access to public natural resources.

A.

All subdivisions that front upon a river, stream, bay shoreline, publicly owned lake or reservoir, or any other stream bank identified in Government Code Section 66478.1 et seq. shall provide, or have available, reasonable public access by fee or easement from a public street to that portion of the bank or shoreline bordering or lying within the subdivision. The planning commission and/or city council shall consider the following when determining what is reasonable public access:

That access may be by highway, foot trail, bike trail, horse trail or any other means of travel;

2.

The size of the subdivision;

3.

The type of bank or shoreline and the various appropriate recreational, educational and scientific uses;

4.

The likelihood of trespass on private property and reasonable means of avoiding such trespass.

B.

Such access shall be consistent with tree Subdivision Map Act (Sections 66478.5 through 66478.14 of the Government Code).

C.

If the subdivision is within the jurisdiction of the San Francisco Bay Conservation and Development Commission (BCDC), the subdivider shall comply with the requirements of BCDC.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The dedication of land, the payment of fees in lieu thereof or a combination of both, for parks and recreation facilities, shall be required for all residential subdivisions. The requirements for such dedication and/or payment are described In Chapter 3.18, and shall be met as part of approvals for any residential tentative map, vesting tentative map or parcel map. Such dedication and/or payment shall be consistent with the Subdivision Map Act (Section 66477 of the Government Code).

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The dedication of land for an elementary school, the payment of fees in lieu thereof, or the payment of fees to mitigate impacts on existing school facilities shall be required for residential subdivisions. The requirements for such dedication and/or payment are described in Chapter 3.15, and shall be met as part of approvals of any residential tentative map, vesting tentative map or parcel map. Such dedication and/or payment shall be consistent with the Subdivision Map Act (Section 66478 of the Government Code).

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The subdivider may be required to reserve a site or sites within the subdivision for parks, recreational facilities, fire stations, libraries and other public uses, subject to the following conditions:

A.

The requirement is based upon an adopted specific plan or the general plan containing 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 subdivides economically unfeasible;

D.

The reserved area shall conform to the 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 subdivides shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices;

E.

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 map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivides in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area;

F.

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;

G.

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

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The subdivider shall make or provide all on-site grading and other improvements necessary to properly control erosion of the sail and to prevent sedimentation or damage to off-site property. Such grading and

other improvements shall conform to the final plan filed with the final map and approved by the public works director under the provisions of Chapter 15.12 of this title.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

A.

Permanent iron pipe monuments of a type specified in the regulations and standard specifications for public improvements shall be set at each boundary corner of the subdivision, along exterior boundaries at intervals of not over five hundred feet, at the beginning and end of property line curves, and at any other points as may be required by the city engineer.

B.

Concrete monuments in accordance with the regulations and standard specifications for public improvements shall be set at intersections of street centerline tangents and, where such intersect on private property, at the beginning and end of the centerline curve.

C.

Permanent elevation benchmark shall be set as required by the city engineer.

D.

The subdivides shall replace any monument or benchmark, as required by this title, that is disturbed or destroyed before final acceptance of all improvements.

E.

Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the subdivides, and to the city engineer, the county surveyor, and any other public official or employee authorized to receive these notices, that the final monuments have been set.

F.

Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the city council evidence of the payment and receipt thereof by the engineer or surveyor. In the case of a cash deposit, the city council shall pay the engineer or surveyor for the setting of the final monuments from the cash deposit, if so requested by the depositor.

G.

If the subdivider does not present evidence to the city council that the engineer or surveyor has been paid for the setting of the final monuments, and if the engineer or surveyor notifies the city council that payment has not been received from the subdivider for the setting of the final monuments the city council shall, within three months from the date of the notification, pay to the engineer or surveyor from any deposit the amount due.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

A.

A preliminary soils report, prepared by a civil engineer registered in California and based upon adequate test borings, shall be submitted to the development services director and public works director for every subdivision.

B.

A preliminary soils report may be waived if the development services director and public works director determine that there is adequate knowledge regarding the qualities of the soils in the subdivision in the Vallejo general plan or other relevant document.

C.

If the development services director or public works director has knowledge of critically expansive soils or other soils or geological problems which, if not corrected, would lead to structural defects, a soils investigation or geological investigation of each lot in the subdivision may be required. Such soils investigation shall be done by a civil engineer registered in California, and such geological investigation shall be done by a qualified geologist; those persons shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such problem exists.

D.

The planning commission and/or city council may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

E.

When such reports are required, the soils report, geologic report or sails and geologic reports shall be kept on file for public inspection.

(Ord. 1368 N.C.(2d) § 18, 1996: Ord. 1056 N.C.(2d) § 3 (part), 1989.)

A.

Improvements required by the city and installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number, or length for the benefit of property not within the subdivision; and such improvements shall be dedicated to the city. Supplemental length may include minimum sized offsite sewer lines necessary to reach a sewer outlet in existence at that time.

B.

The city and other agencies with affected facilities shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements, including an amount attributable to interest, in excess of the construction required for the subdivision.

C.

In order to pay the costs as required by the reimbursement agreement, the city or other agency may:

1.

Collect from other persons, including public agencies using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use;

2.

Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon a real property benefited to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider;

3.

Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

All required improvements shall be constructed under the inspection of the public works department. In the case of sanitary sewer and storm drainage facilities, final acceptance of such facilities shall be by Vallejo Sanitation and Flood Control District.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The following condition shall be placed on all subdivisions at the time of approval: "The subdivider shall defend, indemnify, and hold harmless the city of Vallejo or its agents, officers, and employees from any claim, action, or proceeding against the city or its agents, officers, or employees to attack, set aside, void, or annul, the approval of this subdivision by the city."

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

Chapter 15.08 - TENTATIVE MAPS

Sections:

15.08.010 - Title and purpose.

The purpose of Section 15.08.010 through Section 15.08.130 is to establish the city's regulations, standards and procedures for tentative subdivision maps. It should be recognized that other agencies may have regulations, standards, and procedures for tentative subdivision maps.

(Ord. 1056 N.C.(2d) § 3 apart), 1989.)