Chapter 17.20 IMPROVEMENTS

Chapter 17.20
IMPROVEMENTS

Sections:

17.20.010 Conformance to standards required—Exceptions.

17.20.020 Authority.

17.20.030 Requirement.

17.20.040 Limitations.

17.20.050 Amount of land to be dedicated.

17.20.060 Calculation of in-lieu fees.

17.20.065 Credits.

17.20.070 Procedures.

17.20.075 Off-site dedication.

17.20.080 School site dedication.

17.20.090 Off site improvements.

17.20.100 Additional requirements.

17.20.110 Off-site storm flow reduction required.

17.20.120 Drainage for road runoff.

17.20.130 Stream course and habitat protection.

17.20.140 Grading standards.

17.20.150 Solar exposure.

17.20.160 Archeological survey required when.

17.20.170 Plant survey required when.

17.20.180 Findings.

17.20.190 – Repealed.

17.20.250

17.20.010 Conformance to standards required—Exceptions.

All improvements shall conform to the city engineering standards. Any deviations shall be permitted only with the written approval of the city engineer before any construction is started. (Ord. 435-89 § 5.10, 1989)

17.20.020 Authority.

These sections are enacted pursuant to authority granted by Section 66477 of the Government Code of the State of California (“Quimby Act”). (Ord. 680-2011 § 2 (part), 2011)

17.20.030 Requirement.

In accordance with Government Code Section 66477(a), each subdivider of land subject to the Subdivision Map Act (Government Code Section 66410 et seq.) and classified by the city’s zoning ordinance for residential use shall, as a condition to filing a tentative map or a parcel map, dedicate land, pay fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational purposes. In accordance with Government Code Section 66477(b), land or fees required under this chapter shall be conveyed or paid directly to the city if the city elects to accept the land or fee, upon approval of the final map. (Ord. 680-2011 § 2 (part), 2011)

17.20.040 Limitations.

A. In accordance with Government Code Section 66477(a)(1), the requirements imposed by this chapter shall apply only to subdivision maps filed thirty days or more after this chapter has become effective.

B. In accordance with Government Code Section 66477(a)(3), the land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision.

C. In accordance with Government Code Section 66477(a)(5), the amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

D. In accordance with Government Code Section 66477(a)(6), the city shall develop a schedule specifying how, when, and where it will use the land, fees, or both, to develop park or recreational facilities to serve the residents of the subdivision in a manner consistent with the limitations of this chapter and the Subdivision Map Act. Any fees collected under these sections shall be committed within five years after the payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

E. In accordance with Government Code Section 66477(a)(4), park and recreational facilities shall be in accordance with principles and standards of the city’s general plan.

F. In accordance with Government Code Section 66477(a)(7), only the payment of fees may be required in subdivisions containing fifty parcels or less; except that dedication of land may be required of condominium projects, stock cooperatives or community apartment projects as defined in Civil Code Section 1351 that exceed fifty dwelling units, notwithstanding that the number of parcels in such subdivision may be less than fifty.

G. In accordance with Government Code Section 66477(a)(8), the requirements imposed by this chapter shall not apply to subdivisions containing less than five parcels and not used for residential purposes; however, a condition may be placed on the approval of the parcel map for such subdivisions that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee described in this chapter may be required to be paid by the owner of each parcel as a condition of the issuance of the building permit.

H. In accordance with Government Code Section 66477(d), the provisions of Sections 17.20.020 through 17.20.075 do not apply to commercial or industrial subdivisions or to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five years old when no dwelling units are added. (Ord. 680-2011 § 2 (part), 2011)

17.20.050 Amount of land to be dedicated.

It is found and determined in accordance with Government Code Section 66477(a)(2) that the amount of existing neighborhood and community park area within the city, as calculated pursuant to Government Code Section 66477(a)(2), equals or exceeds five acres of park area for each one thousand persons residing within the city. It is also found and determined that the public interest, convenience, health, safety and welfare require that five acres of land for each one thousand persons residing in a subdivision within the city subject to this chapter be devoted to local park and recreational purposes. In accordance with Government Code Section 66477(a)(5), the amount of land to be dedicated or fees to be paid shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the subdivision. In accordance with Government Code Section 66477(a)(2), the amount of land to be dedicated shall be calculated according to the following formula:

LAND = A × B

A. “A” means the park and recreation area required per dwelling unit, based on the type of dwelling units of the proposed subdivision and the park area per one thousand city residents.

1. The park area of the city is determined to be five acres per one thousand people, or 0.005 acres per person.

2. The park and recreation area required per dwelling unit, A, is established as follows:

a. For dwelling units to be constructed on property designated in the city’s general plan for fewer than eight units per acre, each unit is assigned 2.94 people. Therefore:

A = 2.94 x 0.005 = 0.0147 acres per unit

b. For dwelling units to be constructed on property designated in the city’s general plan for eight or more units per acre, each unit is assigned 2.17 people. Therefore:

A = 2.17 x 0.005 = 0.01085 acres per unit

c. “B” means the number of dwelling units in the proposed subdivision. For the purpose of this section, the number of dwelling units in the proposed subdivision shall be determined as follows: In areas zoned for one dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the final map. When the subdivision is located in an area zoned for multiple dwelling units per parcel, the number of dwelling units shall equal the maximum number of dwelling units allowed under that zone. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on the final map. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved planned development plan. (Ord. 680-2011 § 2 (part), 2011)

17.20.060 Calculation of in-lieu fees.

Park land acquisition in-lieu fees due pursuant to Sections 17.20.020 through 17.20.075 and the Quimby Act shall be equal to the park land acquisition fees established for single-family and multifamily development in the park land acquisition fee for non-Quimby Act development adopted by resolution of the city council, and shall be payable at the times and in the amounts set forth in that resolution. (Ord. 680-2011 § 2 (part), 2011)

17.20.065 Credits.

A. In accordance with Government Code Section 66477(a)(9), if a subdivider provides park and recreational improvements to the dedicated land, as authorized by the city, the value of the park and recreational improvements, together with any equipment located thereon, as approved by the city, shall be a credit against the payment of fees or dedication of land otherwise required by Sections 17.20.020 through 17.20.075. To be authorized and approved by the city, park and recreational improvements and equipment provided by subdividers pursuant to this section shall be consistent as determined by the city with applicable principles and standards for local and neighborhood parks contained in the park and open space element of the city’s general plan.

B. In accordance with Government Code Section 66477(e), common interest developments such as community apartments, condominiums and stock cooperatives, as defined in Section 1351 of the Civil Code, shall be eligible to receive a credit not to exceed twenty-five percent as determined by the city, against the amount of land required to be dedicated, or the amount of the fee imposed pursuant to Sections 17.20.020 through 17.20.075, for the value of private open space within the development which is usable for active recreational uses. For the purposes of this section, “private open space usable for active recreational uses” means private open space that is:

1. At least three-quarters of an acre in area with the smallest dimension being at least one hundred feet clear excluding yards and setbacks normally required by zoning provisions;

2. Owned and maintained by a homeowner’s association, available to all residents of the subdivision without restriction, and designated for park and recreational purposes by recorded covenants which run with the land and cannot be defeated or eliminated without consent of the city council;

3. Suitable for active park and recreation purposes taking into consideration such factors as shape, topography, access, and improvements proposed; and

4. Consistent as determined by the city with applicable principles and standards for local and neighborhood parks contained in the park and open space element of the city’s general plan. (Ord. 680-2011 § 2 (part), 2011)

17.20.070 Procedures.

A. Prior to approval of a subdivision subject to Sections 17.20.020 through 17.20.075, the decision making body shall consider the report and recommendation from city staff regarding the following:

1. The amount of land required; or

2. That a fee be charged in lieu of land; or

3. That a combination of land and fee be required; and

4. The location of the park land and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees.

B. At the time of approval of a subdivision subject to Sections 17.20.020 through 17.20.075, the decision making body shall determine whether land, in-lieu fees, or a combination of land and fees shall be dedicated and/or paid by the subdivider.

C. The decision making body may approve, modify or disapprove the recommendations of the city staff; provided, however, any modification of the recommendation not previously considered shall first be referred back to city staff for further report and recommendation. City staff shall report back to the decision making body within thirty days. After the receipt and consideration of the report, or after thirty days have passed in the event no report is received, the decision making body may take action on the modification. (Ord. 680-2011 § 2 (part), 2011)

17.20.075 Off-site dedication.

Dedication of land outside of the subdivision may be authorized by the decision making body in consultation with city staff by action on the tentative map and be credited toward the developer’s park and land dedication requirement pursuant to Sections 17.20.020 through 17.20.075. (Ord. 680-2011 § 2 (part), 2011)

17.20.080 School site dedication.

As a condition of approval of a tentative map, a subdivider shall comply with school site dedication requirements of Government Code Sections 66478, 53080 and 65455 and the School Facilities Act, Section 65970, et seq., California Government Code. (Ord. 435-89 § 5.30, 1989)

17.20.090 Off-site improvements.

A. The following off-site improvements may be required when the improvements are needed to serve the proposed subdivision:

1. Repealed by Ord. 680-2011;

2. When flood zones or other lawful special purpose zones are established by the city council, the subdivider shall pay the fee set out for the particular zone in which the subject land lies;

3. Properly graded, drained and paved access roads;

4. The extension of any other utilities;

5. Repealed by Ord. 680-2011;

6. The subdivider shall dedicate or make an irrevocable offer to dedicate 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 the subdivision. If the subdivision as shown on the tentative map has the potential for two hundred dwelling units or more if developed to the maximum density shown on the adopted general plan or contains one hundred acres or more; and the city council finds that transit services are or will, within a reasonable time period, be made available to such subdivision, such irrevocable offers may be terminated as provided in Section 66477.2(c) and (d) of the Government Code.

B. The provisions of this section do not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. (Ord. 680-2011 § 1 (part), 2011; Ord. 649-2007 § 1, 2007; Ord. 435-89 § 5.40, 1989)

17.20.100 Additional requirements.

In addition to all other requirements in this title:

A. Improvement work shall not be commenced until improvements plans for such work have been submitted to and approved by the city engineer.

B. No grading shall be commenced until a grading plan has been submitted to and approved by the city engineer and a grading permit is issued by the director of public works.

C. All improvements shall be constructed under the inspection of, and to the satisfaction of, the city engineer.

D. Cost of inspection shall be borne by the subdivider and shall be deposited in the manner and in the amount established by the city. (Ord. 435-89 § 5.50, 1989)

17.20.110 Off-site storm flow reduction required.

In order to reduce the off-site peak storm flows generated by projects, retention ponds, drainage swales, checkdams and other runoff control measures may be required based on the size of the site, topography, density and downstream conditions. (Ord. 435-89 § 5.61, 1989)

17.20.120 Drainage for road runoff.

Drainage improvements for runoff from all roadways and other impervious surfaces shall be engineered to minimize erosion through the use of rocked culvert inlets and outfalls, energy reducers, proper location of culverts, reseeding and mulching of exposed slopes and other erosion control measures. (Ord. 435-89 § 5.62, 1989)

17.20.130 Stream course and habitat protection.

Project development shall not adversely affect the natural course or riparian habitat of any stream. Mitigation measures shall be required where development may result in impacts to such areas. (Ord. 435-89 § 5.63, 1989)

17.20.140 Grading standards.

A. Grading for development (building pads, roads, etc.) shall maximize retention of natural land forms such as hillsides, ridgetops, areas of extensive vegetation and water courses. Grading shall not produce large flat planes or sharp angles or intersection with the natural terrain. Slopes shall be rounded and contoured to blend with existing terrain. Extensive terracing shall be prohibited.

B. Grading for residential development shall be based on the following:

1. Residential subdivisions (where average cross-slope does not exceed seven percent):

a. Minimum lot area and width shall be as follows unless a greater lot size or width is stipulated in the Zoning Ordinance, except where the lot size is reduced through the use herein. The following shall serve as the criteria for determining gross lot density requirements:

b. Minimum area:

i. Corner lots seven thousand square feet,

ii. Interior lots six thousand square feet,

c. Minimum frontage:

i. Corner lots; average width seventy feet; minimum width at front property line, seventy feet, except that on a cul-de-sac street, or irregular lots, where unusual circumstances indicate, minimum width at the front property line shall be thirty-five feet on the bulb end, or irregular front of street,

ii. Interior lots; average width sixty feet; minimum width at front property line, sixty feet, except that on a cul-de-sac street, or irregular lots, where unusual circumstances indicate, minimum width at the front property line shall be thirty-five feet on the bulb end and/or irregular front of street,

e. Minimum depth, eighty-five feet,

f. Maximum ratio, lot depth to lot width, 21/2:1,

g. In determining the minimum lot area, all public utility transmission line easements may be required to be excluded for the purpose of computing land areas, even though such easements are included in the subdivision design;

2. Residential subdivisions (where average cross-slope exceeds seven percent). The following standards shall apply in subdivisions where the average cross-slope equals or exceeds seven percent:


Topography	Minimum Area	Minimum Frontage	Minimum Average Depth
Topography	Minimum Area	Minimum Frontage	Minimum Average Depth
7 — 20% cross slope	10,000 sq. ft.	80'	110'
20 — 30% cross slope	20,000 sq. ft.	100'	150'
30% and up cross slope	1 acre	150'	225'


Ratio Maximum Depth to Width	Percent of Ground Surface to Remain in Ungraded Site
3:1	20 percent
3:1	50 percent
3:1	70 percent

C. Standards can be waived upon the submittal of a geotechnical report by a civil engineer registered in the state of California and when such report is approved as to form by the director of public works. (Ord. 435-89 § 5.64, 1989)

17.20.150 Solar exposure.

The solar exposure of building sites and designs of lots shall allow for basic passive solar orientation and heating/cooling consistent with other applicable standards. (Ord. 435-89 § 5.65, 1989)

17.20.160 Archeological survey required when.

Whenever there is reason to suspect significant archeological sites within the project area, an appropriate survey by qualified professionals approved by the planning director shall be required as part of any environmental review. (Ord. 435-89 § 5.66, 1989)

17.20.170 Plant survey required when.

Whenever there is reason to suspect significant sensitive plant sites within the project area, an appropriate survey by qualified professionals approved by the planning director shall be required as part of any environmental review. (Ord. 435-89 § 5.67, 1989)