Chapter 21
SUBDIVISIONS AND LAND DEVELOPMENT1

Sections:

ARTICLE I. IN GENERAL

21.1    Definitions.

21.2    Land development committee.

21.3    Applicability of subdivision map; scope of regulations.

21.4    Grading of building sites, etc.

21.5    Modification of regulations—Recommendation by officer or department; necessity of impracticability, etc., of existing regulations; transmission to planning commission.

21.6    Same—Approval by city council; no modification of requirement of Subdivision Map Act permitted.

21.7    Right of appeal.

21.8    Penalty.

ARTICLE II. REQUIREMENTS FOR HIGHWAYS, STREETS, ALLEYS AND UTILITIES

21.9    Design criteria for local streets.

21.10    Local street standards.

21.11    Highway standards.

21.12    Alley standards.

21.13    Block corner cut offs and corner property line returns.

21.14    Future streets as designated on final maps.

21.15    Highway and channel frontages.

21.16    Double frontage lots; when permitted; requirement.

21.17    Requirements for parking bays.

21.18    Bikeways.

21.19    Private roads.

21.20    Requirement for pedestrian ways; improvements with walks or ramps.

21.21    Intersection angles.

21.22    Offset intersections.

21.23    Grades.

21.24    Sight distances.

21.25    Pavement standards.

21.26    Required construction of curbs and gutters.

21.27    Sidewalks within subdivision required; exception.

21.28    Improvements on streets and highways adjoining subdivisions.

21.29    Improvements on half streets and highways; cut or fill slopes along subdivision boundary lines.

21.30    Requirements for culverts, storm drains and drainage structures.

21.31    Sewers.

21.32    Water facility requirements.

21.33    Street light requirements.

21.34    Street tree planting requirements.

21.35    Improvements: Standards and specifications; agreement; acceptance date.

ARTICLE III. MAPS

DIVISION 1. PRELIMINARY MAPS

21.36    Filing.

21.37    Form.

21.38    Action necessary by planning department; conference of representatives of city departments and developer.

DIVISION 2. TENTATIVE MAPS

21.39    Filing.

21.40    Form.

21.41    Action on tentative map.

21.41.1    Review by the city of tentative maps referred to it by other agencies.

DIVISION 3. FINAL MAPS

21.42    Survey procedure and practice standards; allowable error of closure.

21.43    Inclusion of center lines and reference.

21.44    Inclusion of boundary monuments; spacing requirements; description on map; specifications of durable monuments.

21.45    Setting deferred monuments.

21.46    Reserved.

21.47    Required prints must accompany final map upon filing.

21.48    Reports required from officers and departments after receipt of final map prints.

21.49    Evidence of title; certificate to be issued for the benefit of the city when map shows property to be dedicated to public use.

21.50    Subdivider to deposit fee required by law for recordation upon submission of final map.

21.51    Deposited fee may be retained if intent to record map is abandoned.

21.51.1    Effect of delays in the processing of the final map.

21.52    Fees required upon submission of map; amounts of fees.

21.53    Numbering or lettering blocks with subdivision; specifications for numbers or letters; blocks not to be divided between two or more streets.

21.54    Numbering or lettering of lots within blocks.

21.55    Distinctive border for subdivision boundary.

21.56    Title sheet—Title and subtitle required.

21.57    Same—Certificate of surveyor or engineer required; also setting of monuments.

21.58    Same—Legibility.

21.59    Same—Maps filed for reversion to acreage.

21.60    Identification of stakes, monuments, etc., determining boundaries; designation of corners of adjoining subdivision or land developments necessary to locate boundaries.

21.61    Orientation for convenient reading from map to book.

21.62    Make up of sheets.

21.63    Bearings and lengths of lines shown on final map; no ditto marks, etc., permitted.

21.64    Accuracy of area designation.

21.65    Curve data which must be shown.

21.66    Center lines of highways, streets or ways to be shown; includes widths, widths to be dedicated, etc., as well as curve data; also widths of railroad rights-of-way, easements, etc.

21.67    Center lines of easements must be shown; for easements not definitely located, a statement must be placed on map; easements reserved for public utilities, etc., shall be shown.

21.68    Easements being dedicated shall be set out in certificate.

21.69    Natural watercourses to be shown.

21.70    Agreement to meet standards of drainage facilities in exchange for city’s maintenance and operation.

21.71    Agreement to meet standards of sanitary sewers in exchange for city’s maintenance and operation.

21.72    Land shown as intended for public use; private streets.

21.73    Delineation of structures within easements must accompany final map; publicly owned drainage lines, etc., not included as structures.

21.74    Accepting right-of-way or easement for dedication without consent of those having an interest in the right-of-way or easement.

21.75    Developer’s duty to grade and improve land dedicated.

21.76    Plans, etc., for improvements must be submitted prior to submitting final map; subject to city engineer’s approval.

21.77    Agreement to furnish equipment necessary to complete—For improvements not completed at time of recording and filing final map.

21.78    Same—Performance bond to accompany agreement.

21.79    Same—Cash deposit to accompany agreement; equal to cost of setting monuments; may be retained by the city.

21.80    Alternative security for performance bond.

21.81    Same—A reduction in the performance bond or a partial reduction of funds upon partial completion.

21.82    Certificates and acknowledgments which must appear on the title sheet.

21.83    Action on final map after certification by city engineer.

21.83.1    Vesting maps.

21.84    Taxes and special assessments—Filing of certification that no liens for unpaid taxes, etc., are outstanding prior to filing with governing body.

21.85    Same—Developer must file certificate estimating taxes and assessments not yet payable.

21.86    Same—Prior to recording final map, a bond must be filed equal to all taxes or special assessments not yet payable; money or negotiable bonds may be deposited in lieu of bond.

21.87    Same—Bond or deposit only need to be for sum sufficient to pay taxes on developed portion of larger parcel.

21.88    Requirements for center line monuments at intersections, points on curves, etc.

21.89    Notes required to determine center line intersection monuments.

21.90    Identification of engineer.

21.91    Inspection and approval.

21.92    Redemption of subdivided land.

ARTICLE IV. LOTS

DIVISION 1. LOT DEVELOPMENT

21.93    Areas and widths.

21.94    Angle of sideline to street upon which lots front.

21.95    Minimum frontage; exception as to unusual conditions.

21.96

21.106    Reserved.

DIVISION 2. LOT DIVISION

21.107    Lot divisions must comply with all applicable regulations of this division.

21.108    Certificates of compliance.

21.109    Lot merger.

21.110    Reversion to acreage.

ARTICLE V. REQUIREMENTS FOR UNDERGROUNDING UTILITIES

21.111    Purpose of article.

21.112    Utility facilities—Definition.

21.113    Exemptions.

21.114    Undergrounding required with new streets and development.

21.115

21.123    Reserved.

ARTICLE VI. TRAFFIC IMPACT FEE

21.124    Purpose of article.

21.125    Development project; definition.

21.126    Fee required.

21.127    Time of payment.

21.128    Developer construction; fee credit.

21.129    Separate fund; limited use of fees.

21.130    Reimbursement to city of costs advanced for rights-of-way or improvements.

21.131

21.149    Reserved.

ARTICLE VII. LIBRARY IMPACT FEES

21.150    Purpose of article.

21.151    Definitions.

21.152    Library impact fee required; fund established.

21.153

21.159    Reserved.

ARTICLE VIII. PUBLIC FACILITIES FEES

21.160    Purpose of article.

21.161    Definitions.

21.162    Public facilities impact fee required; fund established.

21.163    Effective date; annual adjustment; five-year review.

21.164    Reimbursement for developer construction.

ARTICLE I. IN GENERAL2

21.1 Definitions.

For the purpose of this chapter, the following words and phrases are defined as follows:

“Advisory agency” means the planning commission of the city.3

“Board of supervisors” means the board of supervisors of the county.

“City engineer” means the director of public works—city engineer.

“County surveyor” means the county engineer, if there is no county surveyor.

“Design” means street alignment, grades, and widths; alignment and widths of easements and rights-of-way for drainage, sanitary sewers, water, and public utilities, minimum lot area and width; and “design” as further defined in the Subdivision Map Act.

“Developer” means a person, firm, corporation, partnership, or association who improves (or divides) or causes to be improved (or divided) real property.

“Developer’s engineer” means the registered civil engineer or licensed land surveyor employed by the owner or the developer to prepare the necessary maps and plans for the development.

“Final map” means a map showing the division of land which is defined as a subdivision under the Subdivision Map Act prepared in accordance with the provisions of this chapter and the Subdivision Map Act, designed to be recorded in the office of the county recorder.

“Improvement” means only such street work and utilities to be installed, or agreed to be installed, by the developer on the land dedicated or to be dedicated for streets, highways, public ways, and easements, as are necessary for the general use of the lot owners in the development and local traffic and drainage needs, as a condition precedent to the approval and acceptance of the final map thereof. “Improvement” shall also mean such specific improvements or types of improvements the installation of which, either by the developer, by public utilities or by a combination thereof, is necessary to insure conformity to or implementation of the general and specific plans of the city.

“Owner” means all persons having any proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this chapter.

“Parcel map” means a map showing a subdivision for which a final map is not required under Section 66426 of the Subdivision Map Act. A parcel map shall be prepared in accordance with the provisions of this chapter and the Subdivision Map Act and shall be recorded in the office of the county recorder.

“Planned unit development (PUD)” means a land development which may or may not involve a subdivision or group of subdivisions with a plan of development which would best be met by the PUD section of the City Code rather than by conventional zoning. Each PUD is considered separately and on the approval of a PUD, the conditions placed thereon may in effect be a modification of regulations as provided for under section 21.5 of this chapter.

“Preliminary map” means a sketch type map prepared for the purpose of determining the economic feasibility of any plans the owner or developer may have for the development of their land and providing a means for the general requirements of the city to be determined prior to the expense of actually preparing the tentative and final or parcel map. It is the purpose of a preliminary map to enable the owner or developer to avoid unnecessary expense, delay, and difficulties, by the early establishment of all general requirements. The preparer of a preliminary map need not be a registered civil engineer or licensed land surveyor.

“Roadway” means that portion of a right-of-way for a street or alley intended to accommodate the movement and parking (if allowed) of vehicles.

“Subdivider” means a person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.”

“Subdivider’s engineer” means the registered civil engineer or licensed land surveyor employed by the owner or by the subdivider to prepare the necessary maps for the subdivision.

“Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units for the purpose of sale, lease, or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in the civil code or a community apartment project, as defined in the business and professions code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock. “Subdivision” is further defined in the Subdivision Map Act.

A subdivision creating five (5) or more parcels shall require both a tentative and a final map except as permitted under Government Code, Section 66426 of the Subdivision Map Act. All other subdivision shall require a parcel map.

“Tentative map” means a map made by a registered civil engineer or licensed land surveyor for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property.

“Tract map” means a form of a final map. (Ord. No. 81-11, § 1, 3-16-81)

21.2 Land development committee.

The city planning commission shall constitute the land development committee. (Ord. No. 81-11, § 1, 3-16-81)

21.3 Applicability of subdivision map; scope of regulations.

Pursuant to the provisions of the Subdivision Map Act, and pursuant to any other regulations provided by law, the regulations hereinafter in this chapter contained shall apply to all subdivisions hereafter made of land wholly or partially within the city and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act; and each subdivision and each part thereof lying within the city shall be made, and each map shall be prepared and presented for approval, as hereafter provided for and required. (Ord. No. 81-11, § 1, 3-16-81)

21.4 Grading of building sites, etc.

Grading of building sites and grading of any land within the city for any purpose shall be done in accordance with the provision of that issue of Chapter 70 of the Uniform Building Code as it now exists or may hereafter be amended. (Ord. No. 81-11, § 1, 3-16-81)

21.5 Modification of regulations—Recommendation by officer or department; necessity of impracticability, etc., of existing regulations; transmission to planning commission.

Whenever, in the opinion of any officer or department under whose particular jurisdiction any regulation contained in this chapter comes, the land involved in a development is of such size or shape or is subject to such title limitations of record or is affected by such topographical location or conditions, or is to be devoted to such usage, that it is impossible or impractical in the particular case for the developer to conform fully to such regulation, the officer or department may recommend such modification thereof as, in the opinion of the officer or department, is reasonably necessary or expedient; provided, that in the case of each modification the officer or department shall first find that a special, individual reason makes the strict letter of the regulation impossible or impractical of observance and that the modification is in conformity with the spirit and purpose of the Subdivision Map Act and of this chapter; and provided, further, that the officer or department recommending a modification shall transmit to the planning commission his or its report in writing setting forth each modification recommended by the officer or department and the facts relied upon by him or it for the recommendation of the modification. (Ord. No. 81-11, § 1, 3-16-81)

21.6 Same—Approval by city council; no modification of requirement of Subdivision Map Act permitted.

The city council may, upon recommendation by the planning commission or in the exercise of its own judgment, approve such modification; provided, however, that no modification may be made to any requirement imposed by the Subdivision Map Act. (Ord. No. 81-11, § 1, 3-16-81)

21.7 Right of appeal.

Wherever, by the provisions of this chapter, there is vested in the city engineer or the city planning commission or any other city official, the duty or authority to determine any question of fact or the interpretation of this chapter, or to perform a discretionary act, or to make a decision which depends upon a matter of opinion, there is hereby reserved to the aggrieved party, the right of appealing to the city council before which a hearing shall be held upon the matter in dispute. Such hearing before the council on the matter in dispute shall be held within a period of thirty (30) days and the decision of the city council shall be final. (Ord. No. 81-11, § 1, 3-16-81)

21.8 Penalty.

Any offer to sell or to contract to sell or any sale or deed of conveyance made contrary to the provision of this chapter is an infraction. Nothing herein contained shall bar any legal, equitable or summary remedy to which the city or other political subdivision or any person may be entitled and the city or such other political subdivision or person may file a suit in the superior court of the county to restrain or enjoin any attempted or proposed subdivision or sale in violation of this chapter. (Ord. No. 81-11, § 1, 3-16-81)

ARTICLE II. REQUIREMENTS FOR HIGHWAYS, STREETS, ALLEYS AND UTILITIES

21.9 Design criteria for local streets.

Street widths, sections, grades, and alignments shall conform to standards prepared by the department of public works in conformance with council direction. Wherever possible, streets shall be laid out to provide maximum solar access for the building sites. Alternative widths, sections, grades and/or alignments may be used upon approval by the planning commission. The developer’s engineer shall provide supportive data necessary, taking into account: Traffic volume and speed; the number and width of traffic lanes and bike paths; on-street and off-street parking; grades and sight distances; pedestrian safety; drainage, utilities, signals, streetlights and street tree needs; the effect of cut and fill slopes on the ease of access to the adjoining lots; possible maintenance problems; and provisions for turning or reversing the direction of travel. (Ord. No. 81-11, § 1, 3-16-81)

21.10 Local street standards.

Unless otherwise proposed by the developer’s engineer, recommended by the city engineer, and approved by the planning commission, local streets shall conform to the following standards:

(a) Collector Streets and Streets Serving More Than Twenty-Four (24) Single-Family Residences. The width of right-of-way for all collector streets, neighborhood entrance streets, gridiron plan streets, local streets serving more than twenty-four (24) single-family residences, and streets in areas to be used for other than one-family or two-family residences, shall be not less than sixty (60) feet with a roadway width of not less than thirty-eight (38) feet, except that in mountainous or hillside areas where the width of right-of-way and roadbed may be reduced to meet the conditions encountered at the discretion of the planning commission.

(b) Lot Access Streets Serving Twenty-Four (24) or Fewer Single-Family Lots. The width of right-of-way for culs-de-sac or other local streets designed and intended to serve as access for twenty-four (24) one-family residences or less, shall be not less than fifty-two (52) feet with a five-foot wide tree planting easement together with a roadway width of not less than thirty-eight (38) feet, except in mountainous or hillside areas where the width of right-of-way and roadbed may be reduced to meet the conditions encountered at the discretion of the planning commission.

(c) Frontage Road. The width of right-of-way for an interceptor street paralleling a highway or a drainage channel shall be not less than thirty-seven (37) feet with a roadway width of not less than thirty-two (32) feet. The width of right-of-way outside the roadway and adjoining the lot lines shall be not less than five (5) feet.

(d) Culs-de-Sac. Turning circles at the end of cul-de-sac streets shall have a roadway radius of not less than forty (40) feet. Cul-de-sac streets shall serve no more than twenty-five (25) single-family dwelling units. Alternate designs for turning or reversing direction may be used in lieu of the turning circle if approved by the fire chief and the planning commission. Midblock provisions for reversing direction of travel may be required of culs-de-sac longer than five hundred (500) feet. (Ord. No. 81-11, § 1, 3-16-81; Ord. No. 86-19, § 67, 10-6-86)

21.11 Highway standards.

The width of right-of-way and of roadway for highways and for industrial streets shall conform to widths established by the planning commission or as recommended by the city engineer and approved by the planning commission. (Ord. No. 81-11, § 1, 3-16-81)

21.12 Alley standards.

New alleys shall have a right-of-way of at least twenty (20) feet in width and shall be improved to a roadway width of at least twenty (20) feet.

When lots are proposed to be used for commercial purpose or for multiple residential use, not including two-family use, an alley of up to thirty (30) feet in width may be required along the rear of such lots. (Ord. No. 81-11, § 1, 3-16-81)

21.13 Block corner cut offs and corner property line returns.

At each intersection between two (2) streets, the property lines shall be rounded with a curve having a radius of not less than twenty (20) feet. At major collector streets, the city engineer may require a larger radius.

At each intersection between two (2) alleys, the property lines shall be rounded with a curve having a radius of not less than ten (10) feet or cut back by a diagonal straight line joining points at a distance of not less than ten (10) feet along each property line from the normal point of intersection. At intersections between an alley and a street, the radius of cut back distance shall be not less than ten (10) feet. (Ord. No. 81-11, § 1, 3-16-81)

21.14 Future streets as designated on final maps.

Whenever the planning commission shall have determined that a street is necessary for the future development of the property shown on the map or for adjoining property, but that the present dedication and construction of such street is not warranted, the planning commission may require that the locations, width and extent of such street shall be shown on the final map as a future street. The developer may be required to enter into a deferred improvement agreement for any such future street improvements shown within the development boundary. (Ord. No. 81-11, § 1, 3-16-81)

21.15 Highway and channel frontages.

Whenever it is proposed to subdivide property abutting or fronting on a highway or a drainage channel, a frontage road or an alley in the rear of such lots between such lots and the highway or channel may be required by the planning commission. (Ord. No. 81-11, § 1, 3-16-81)

21.16 Double frontage lots; when permitted; requirement.

Unless otherwise approved by the planning commission by reason of special circumstances, lots for one-family and two-family use shall not be designed with frontage on two (2) streets except at street intersections and except along highways. Double frontage lots with rear lot lines along a highway may be required to have a wall or fence constructed and access prohibited along such rear lot lines. The developer may also be required to dedicate and improve each street upon which the lots front. (Ord. No. 81-11, § 1, 3-16-81)

21.17 Requirements for parking bays.

On streets where parking of automobiles is prohibited along either or both sides of the normal roadway, parking bays may be required at convenient locations or intervals outside the normal traffic lanes. (Ord. No. 81-11, § 1, 3-16-81)

21.18 Bikeways.

Bikeways built to city standards on separate rights-of-way may be required by the city engineer or planning commission. (Ord. No. 81-11, § 1, 3-16-81)

21.19 Private roads.

Private roads are to be constructed, inspected and maintained, by the owner, to city standards and requirements. (Ord. No. 81-11, § 1, 3-16-81)

21.20 Requirement for pedestrian ways; improvements with walks or ramps.

A pedestrian way may be required in blocks having a length greater than twelve hundred (1200) feet. Such pedestrian ways shall be improved with walks or ramps as approved by the city engineer. (Ord. No. 81-11, § 1, 3-16-81)

21.21 Intersection angles.

The angle of intersection between streets, or between a street and an alley, shall not vary more than twenty (20) degrees from a right angle. Exceptions to this limit may be permitted upon recommendation of the director of public works and approval by the planning commission. (Ord. No. 81-11, § 1, 3-16-81)

21.22 Offset intersections.

Unless otherwise approved by the city engineer and by the planning commission, the center lines of any two (2) streets entering upon opposite sides of any certain street shall intersect the center line of that street at the same point, or at points separated by not less than one hundred (100) feet. (Ord. No. 81-11, § 1, 3-16-81)

21.23 Grades.

The grades of highways, streets and alleys shall not be less than three-tenths (0.3) of a per cent and not greater than fifteen (15) per cent unless otherwise approved by the city engineer. (Ord. No. 81-11, § 1, 3-16-81)

21.24 Sight distances.

Horizontal and vertical sight distances shall be not less than those recommended by the state division of highways planning manual. (Ord. No. 81-11, § 1, 3-16-81)

21.25 Pavement standards.

Roadways on streets, highways and alleys within and or adjacent to the development shall be paved to the minimum standards of the city except that if, in the opinion of the city engineer, the natural soil in the development is not sufficiently stable to support a minimum pavement, the developer shall furnish soil tests and recommendations made by a qualified soil-testing engineer as to the thickness of pavement and base material. (Ord. No. 81-11, § 1, 3-16-81)

21.26 Required construction of curbs and gutters.

Curbs and gutters shall be constructed on all streets and highways within the development, except that in mountainous or hillside areas and on special scenic roads or highways, curbs and gutters may be omitted on one or both side(s) subject to the approval of the city engineer and the planning commission.

The developer shall stamp “S” mark for sewer and “W” mark for water on the face or top of curb or on a written post if there is no curb over the location of each appropriate service lateral. (Ord. No. 81-11, § 1, 3-16-81)

    Cross references—Installation of curbs, gutters and sidewalks generally, § 20.13 et seq.

21.27 Sidewalks within subdivision required; exception.

Sidewalks shall be constructed on all highways within the subdivision and on all local streets within the subdivision, except that in mountainous or hillside areas and on certain culs-de-sac and nonmajor streets, sidewalks may be omitted or may be on only one side of the street or highway, subject to the approval of the city engineer and the planning commission. Whenever a sidewalk is not constructed on either side of the street or highway, a graded strip along one side of the roadway shall be provided for the use of pedestrians. (Ord. No. 81-11, § 1, 3-16-81)

    Cross references—Installation of curbs, gutters and sidewalks generally, § 20.13 et seq.

21.28 Improvements on streets and highways adjoining subdivisions.

Improvements conforming to the requirements specified in the preceding sections shall be constructed on the one-half of any streets and highways adjoining the development. (Ord. No. 81-11, § 1, 3-16-81)

21.29 Improvements on half streets and highways; cut or fill slopes along subdivision boundary lines.

Improvements conforming to the requirements specified in the preceding sections shall be constructed on any half streets or highways (to center line plus twelve (12) feet) within or adjacent to the development. If cut or fill slopes along the subdivision boundary line are found to be necessary, such slopes must be placed so that the property line will fall at the top of the bank which will exist upon the development of the site of higher elevation. A letter of permission from the owner of adjoining land to make the necessary cuts or fill slopes on his land will be accepted in lieu of an easement for such slopes. Land occupied by such cut or fill slopes within the subdivision shall be dedicated as “slope easements.” (Ord. No. 81-11, § 1, 3-16-81; Ord. No. 86-19, § 68, 10-6-86)

21.30 Requirements for culverts, storm drains and drainage structures.

Culverts, storm drains and drainage structures shall be constructed in, under or along streets, alleys and highways as required by the city engineer to prevent frequent and probable damage to streets or adjoining properties from storm water, or to prevent the frequent occurrence of a flow of storm water on streets of depth and velocity as to present a hazardous condition for moving vehicles and pedestrians, or to maintain the flow of storm water in its natural channel. The term “frequent,” as used in this section, is intended to designate a probable frequency of once in ten (10) years or less, when averaged over a long period of one hundred (100) years or more. Protection against erosion of natural channels or watercourse on adjoining property is not intended to be required unless the development affects drainage on such adjacent property. (Ord. No. 81-11, § 1, 3-16-81)

21.31 Sewers.

Sanitary sewers with service connection laterals extending from the main to the property line shall be constructed to serve each lot within the proposed development. (Ord. No. 81-11, § 1, 3-16-81)

    Cross references—Sewers and drains generally, Ch. 19.

21.32 Water facility requirements.

Necessary water mains, valves, fire hydrants and services with connections to each lot within the development shall be constructed as required by the city. Service connections to each lot shall extend from the main to the meter location. (Ord. No. 81-11, § 1, 3-16-81)

    Cross references—Water generally, Ch. 27.

21.33 Street light requirements.

Standard street lights shall be installed as required by the city engineer. (Ord. No. 81-11, § 1, 3-16-81)

21.34 Street tree planting requirements.

As required by the city, the developer shall pay a fee for planting street trees by the city, or shall obtain a permit and plant street trees. (Ord. No. 81-11, § 1, 3-16-81)

    Cross references—Trees along streets, Ch. 26.

21.35 Improvements: Standards and specifications; agreement; acceptance date.

(a) Standards and Specifications. The developer is responsible for installing all paving, curbing, sidewalks, street lights, street trees, driveway approaches, valley gutters, street signs, traffic signs, traffic striping, legends, curb painting, storm drainage catch basins, manholes, water mains, fire hydrants, valve boxes, sewer mains and services in accordance with specifications and standards of design on file in the office of the city engineer.

All improvements shall be installed in conformance with the city standards for the subdivision or developments of property and the developer shall pay such fees and provide such bonds as are outlined in the resolution or resolutions in effect of the time of development which established such standards and fees. Such resolution(s) shall be maintained on file in the office of the city clerk and the city engineer.

(b) Agreements. In consideration for the approval of the development and the acceptance by the city of responsibility for maintenance and operation of the required public improvements, the developer shall enter into an agreement with the city.

Agreements covering work to be performed immediately shall cover the type, quality and character of the improvements as well as the development fees. They shall be accompanied by improvement plans as required by the city engineer.

Agreements covering deferred work shall note the extent of work being deferred and the reason for deferment. These shall be recorded in the office of the county recorder and shall become a lien on the title of the affected property.

The developer shall agree to: Clean and maintain all streets, alleys, roads, courts, sewers, and drains free from construction debris and dirt prior to acceptance by the city; keep the construction area which may become exposed to pedestrian or vehicular traffic in a safe condition; and to take appropriate measures to prevent erosion and the deposit of silt in the streets and drainage system until all lots within the development are built upon. He further agrees to compensate the city for providing such services should it be necessary that they be performed by city forces.

(c) Corrections of Defects. All improvements covered by agreement between the city and the developer will be accepted for maintenance and operation by the city when certification of completion has been received and accepted by the city council. The repair and correction of any defects or deficiencies due to workmanship or materials, which are discovered within one year from the date of acceptance by the city, shall be the responsibility of the developer. A bond for ten (10) per cent of the value of the public improvement (with a minimum amount of one thousand dollars ($1,000.00)) shall be posted with the city for the purpose of guaranteeing that such corrections will be made.

(d) Testing of Materials. The developer shall be required to provide certain material tests as determined by the city. All tests shall be made by laboratories or agencies approved by the city. All tests and reports shall be accomplished at no cost to the city. A copy of the report on the required tests shall be forwarded to the director of public works prior to the continuance of the next related phase of construction. The required tests in the following schedule shall be a minimum requirement:

(1) Subgrade. At least three (3) tests will be required, locations of tests to be selected by the director of public works or his appointed representative. The subgrade shall have a relative compaction of not less than ninety-five (95) per cent for a depth of one foot as determined by Test Method No. California 216.

(2) Aggregate Base. At least three (3) tests will be required, locations of tests to be selected by the director of public works or his appointed representative. The relative compaction of each layer of compacted base material shall not be less than ninety-five (95) per cent as determined by Test Method No. California 216.

(3) Concrete. Shall be sampled daily at such times as designated by the director of public works or his appointed representative. The minimum strength of any concrete shall be three thousand (3,000) pounds per square inch after twenty-eight (28) days unless specified otherwise.

(4) Plant Mixes Surfacing. Shall be sampled daily or for each one thousand (1,000) tons or fraction thereof as designated by the director of public works or his appointed representative. The samples shall be of uncompressed plant mix taken at the job site. Compaction of ninety-five (95) per cent relative density (using the nuclear procedure) shall be accomplished when the plant mix is no hotter than one hundred seventy-five (175) degrees Fahrenheit, (seventy-nine (79) degrees Celsius), nor colder than one hundred fifty (150) degrees Fahrenheit (sixty-six (66) degrees Celsius).

(e) Installation of Underground Utility Lines, etc.; Exceptions. New and existing utility lines, appurtenances and associated equipment, including, but not limited to electrical transmission, communication transmission, street lighting, and cable television shall be required to be placed underground as required in Article V of this chapter starting with section 21.111. (Ord. No. 81-11, § 1, 3-16-81; Ord. No. 89-17, § 1, 10-16-89)

ARTICLE III. MAPS

DIVISION 1. PRELIMINARY MAPS

21.36 Filing.

Prior to filing a tentative map, the developer may be required to submit to the planning department a preliminary map of a proposed subdivision. (Ord. No. 81-11, § 1, 3-16-81)

21.37 Form.

Copies of the preliminary map may be submitted in rough sketch form, together with such general information of existing conditions of the site and the proposed development as may be deemed necessary by the planning department including, but not limited to, the following:

(a) Map. A map, other drawing or freehand sketch, drawn to scale showing topographic features and delineating in simple form the proposed layout of streets, lots, and other features in relation to existing conditions.

(b) Map Details. The map or drawing shall show the subdivision or development name, if any, scale, north arrow, date, perimeter boundary line, unusual features of terrain such as rock out-crops, tree masses, watercourses in and adjacent to the proposed development, existing and proposed public utilities, sanitary sewer facilities, main traffic arteries, railroads, and other features considered pertinent by the planning department.

(c) Land Uses. A statement or diagram showing land proposed to be developed to residential, commercial, industrial, public, or other uses, and the minimum lot sizes thereof and the general location and identification of existing buildings.

(d) Location with Reference to Community. A sketch or key map showing the relationship of the proposed development to the existing community facilities and other developments which serve or influence it. (Ord. No. 81-11, § 1, 3-16-81)

21.38 Action necessary by planning department; conference of representatives of city departments and developer.

The planning department may distribute copies of the preliminary map and data to appropriate city departments and agencies for review, as well as all private and public utility companies serving the area. The planning department shall arrange with the developer a time and place of meeting between the developer and representatives of the city departments and agencies concerned to discuss the preliminary map. At such conference, the developer shall be given such advice as can be given by the representatives of the city departments and agencies based upon the information submitted which shall be advisory only and binding on neither party. (Ord. No. 81-11, § 1, 3-16-81)

DIVISION 2. TENTATIVE MAPS4

21.39 Filing.

Any tentative map submitted for a development within a neighborhood district or specific plan area shall not be considered to be complete or ready for filing until a completed environmental clearance document for the neighborhood district or specific plan area has been approved, and determined to be consistent with the proposed map. (Ord. No. 81-11, § 1, 3-16-81; Ord. No. 85-15, § 1, 8-19-85; Ord. No. 2015-01, § 1, 5-4-15)

21.40 Form.

The tentative map shall show the following information:

(a) The tract number and name, or designation;

(b) Sufficient legal description of the land as to define the boundaries of the proposed tract;

(c) Name and address of the owner, the developer, and of the registered civil engineer or licensed surveyor who prepared the map;

(d) The location, names and widths of all adjoining highways, streets and roads;

(e) The width and approximate grades of rights-of-way and roadways for all highways, streets and roads within such proposed development, with typical cross-sections showing proposed improvements;

(f) The widths and approximate locations of all existing or proposed easements, whether public or private, for roads, drainage, sewers, slope, or public utility purposes;

(g) Approximate radii of all curves;

(h) The proposed lot layout and the approximate dimensions of each lot;

(i) Approximate location, names and directions of flow of all watercourses and natural drainage channels; and approximate locations of all areas covered by water or subject to overflow by a one per cent flood;

(j) Source of water supply and proposed distribution system;

(k) Proposed method of sewage collection and disposal;

(l) Proposed route of drainage system;

(m) Proposed use of property;

(n) Proposed public areas, if any;

(o) Approximate contours where topography controls the street layout;

(p) Date, north point, and scale;

(q) Approximate location and outline to scale of each: Building, tree with a six-inch or greater caliper trunk at a level of three (3) feet above existing ground, or structure on the site and the identification of which of the above will not be moved or removed by development;

(r) Each street shown by its actual street name or by temporary name or letter for purpose of identification until the proper name of such street is determined. All names shall be as accepted by the street naming committee, the county communications agency and the fire chief and then approved by the city council. Duplication of existing names will not be allowed.

The following information shall be required for all vesting tentative maps at the time of application submittal:

(s) A soils report shall be prepared that examines the property of all phases from the proposed subdivision.

(t) Proposed off-site routing plans for sewer, water, storm drainage, primary vehicular street access, and secondary emergency access shall be provided.

(u) Complete grading plans shall be prepared that illustrate all proposed cuts and fills.

If it is impossible or impracticable to place upon the tentative map any matter hereinabove in this section required, such matter or information shall be furnished in a written statement which shall be submitted with such map. (Ord. No. 81-11, § 1, 3-16-81; Ord. No. 85-15, § 2, 8-19-85)

21.41 Action on tentative map.

Action on the tentative map shall be taken as follows:

(a) Distribution of the Map. Within thirty (30) days from the date that the tentative map application is accepted as being complete, the secretary of the planning commission shall transmit prints of the tentative map to the city administrator, the director of public works, the director of parks and recreation, the fire chief, private and public utility companies serving the area, school district and to the Santa Clara Valley Water Conservation District, and other agencies which the secretary of the planning commission determines may have direct interest in the tentative map, together with a request for a report and recommendation thereon to be returned within fifteen (15) days of the date of transmittal. These comments shall be incorporated in a report to be presented to the planning commission at a regular or special meeting.

(b) Notification of Developer and Engineer. The secretary to the planning commission shall notify the developer and his engineer (when the engineer’s address is indicated on the application) of the date on which the tentative map will be considered by the planning commission and provide them with copies of the compiled report at least three (3) days prior to the hearing.

(c) Hearing on the Initial Reports, etc.; Recommendations to Planning Commission. On the date set for consideration of the tentative map, the planning commission shall hear the reports and recommendations and shall hear the comments and opinions of the developer and of his engineer. After giving due consideration to all such reports, recommendations, comments and opinions, the planning commission shall prepare its decision and, within sixty (60) days from the date thereof, shall transmit its recommendations, for approval or conditional approval, to the city council.

(d) Action by Planning Commission; Statement of Conditional Approval. The planning commission, within fifty (50) days from the date the tentative map application is certified or accepted and complete (except when an environmental review as required in accord with the California Environmental Quality Act) shall recommend approval, conditional approval, or disapprove the map and shall report its action to the developer. In the event of a disapproval of the map by the planning commission, the developer shall be furnished with a statement of the reason and authority for such disapproval. In the event of a conditional approval, the subdivider shall be furnished with a statement showing what changes are necessary to make the map conform to the requirements of the Subdivision Map Act and of this chapter including recommended conditions of approval.

(e) Basis for Disapproval. The planning commission must disapprove a tentative map if the only practical use which can be made of the property as proposed to be developed is a use prohibited by this Code, statute, law or other valid regulation, or if the land is subject to severe flood hazard or severe inundation.

(f) Extension of Time Limit for Action by Planning Commission. The time limit of sixty (60) days for acting on the tentative map may be extended by mutual consent of the subdivider and the planning commission or secretary to the planning commission. If mutual consent cannot be reached, the time limit may be automatically extended to the next regularly scheduled meeting of the Planning Commission.

(g) Failure of Planning Commission to Act Deemed Recommendation for Approval. If no action is taken by the planning commission within the time limits as specified in Section 21151.5 of the Public Resources Code, the tentative map as filed shall be deemed to be recommended for approval and it shall be the duty of the clerk of the city council to certify the recommended approval and submit the tentative map to the city council for their review and action.

(h) Appeal to City Council. If the developer is dissatisfied with any action of the planning commission with respect to the tentative map or the kinds, nature and extent of the improvements recommended by the advisory agency to be required, he may, within ten (10) days after such action, appeal to the city council for a public hearing thereon. The city council shall hear the appeal, upon notice to the developer and the planning commission, unless the developer consents to a continuance, within thirty (30) days or at its next succeeding regular meeting. At the time fixed for the hearing, the city council shall proceed to hear the testimony of the developer or any witnesses on his behalf and the testimony of the representatives of the planning commission or any witnesses on its behalf. It may also hear the testimony of other competent persons respecting the character of the neighborhood in which the development is to be located, the kinds, nature, and extent of improvements, the quality or kinds of development to which the area is best adapted and any other phase of the matter with respect to which it may desire to inquire into. Upon conclusion of the hearing, the city council shall within fifteen (15) days declare its findings based upon the testimony produced before it. It may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make such findings as are not inconsistent with the provisions of this chapter and of the Subdivision Map Act.

(i) Procedure after Recommendation for Approval by Planning Commission. Upon recommendation for approval of the tentative map by the planning commission, a copy thereof, together with a copy of commission’s recommendations on such map, shall be filed with the city council. The council may approve the map or refer the map back to the planning commission for further consideration, study or revision, after which it shall be again submitted to the council for final action.

Initial approval of a tentative map is valid for twenty-four (24) months. Said approval may, at council discretion, be conditionally extended for three (3) periods not to exceed an additional twelve (12) months each. (Ord. No. 81-11, § 1, 3-16-81; Ord. No. 82-2, § 1, 2-1-82; Ord. No. 83-7, §§ 1, 2, 6-20-83; Ord. No. 2015-01, § 2, 5-4-15)

21.41.1 Review by the city of tentative maps referred to it by other agencies.

The city may make recommendation concerning proposed subdivisions in any adjoining city or in any adjoining unincorporated territory provided such developments are within three (3) miles of the city’s sphere of influence. Said recommendations shall be in accordance with the provisions of Chapter 3, Article 3, Subdivision Map Act. (Ord. No. 81-11, § 1, 3-16-81)

DIVISION 3. FINAL MAPS5

21.42 Survey procedure and practice standards; allowable error of closure.

The procedure and practice of all survey work done on any subdivision shall conform to the accepted standards of the engineering profession. The allowable error of closure on any portion of a final map or approved record of survey map shall be one five-thousandths. (Ord. No. 81-11, § 1, 3-16-81)

State law references—Civil engineering provisions as applicable to persons engaged in surveying, B.& P.C., § 6743.

21.43 Inclusion of center lines and reference.

In the event that the county surveyor, county road commissioner, the state highway engineer, or the city engineer shall have established the center line of any street or alley in or adjoining a subdivision, the final map shall show such center line, together with reference to a field book or map showing such center line and the monuments which determine it. (Ord. No. 81-11, § 1, 3-16-81)

21.44 Inclusion of boundary monuments; spacing requirements; description on map; specifications of durable monuments.

Each final map shall show durable monuments found or set at or near each boundary corner and at intermediate points, approximately one thousand (1,000) feet apart, or at such lesser distances as may be made necessary by topography or culture to insure accuracy in the re-establishment of any point or line without unreasonable difficulty. The precise position and the character of each such monument shall be shown on such map. Such durable monument shall be not less substantial than an iron pipe of a one and one-half (1 1/2) inch outside diameter, not less than two (2) feet in length, with plug and tack, and set at least two (2) feet into the ground or of such other character and stability as may be approved by the city engineer. The approximate elevation of the top of each such monument with respect to the surface of the ground shall be shown on said map. For state law as to monuments, see Chapter 4, Article 9, Subdivision Map Act. (Ord. No. 81-11, § 1, 3-16-81)

21.45 Setting deferred monuments.

In the event any or all of the monuments required to be set are to be set subsequent to the recordation of the final map, the map shall show which monuments are to be so set. Prior to the approval of the final map by the city council, the developer shall submit a written agreement in which he agrees that the monuments so deferred will be set within a specified time. (Ord. No. 81-11, § 1, 3-16-81)

21.46 Reserved.

    Editor’s note: Ord. No. 86-19, § 69, adopted October 6, 1986, repealed § 21.46 in its entirety. Former § 21.46 was concerned with the division of land on maps, and derived from Ord. No. 81-11, § 1, adopted March 16, 1981.

21.47 Required prints must accompany final map upon filing.

Upon the filing of a final map with the city engineer, it shall be accompanied by prints thereof as required by this chapter. (Ord. No. 81-11, § 1, 3-16-81)

21.48 Reports required from officers and departments after receipt of final map prints.

Each officer or department, within fifteen (15) days after the receipt of a print of a final map, shall report in writing to the city engineer as to the compliance or noncompliance of such map with law as to the matters coming under his or its jurisdiction, together with a statement of the changes necessary thereon to cause such map to comply with the law and with the approved tentative map and all approved revisions thereof. (Ord. No. 81-11, § 1, 3-16-81)

21.49 Evidence of title; certificate to be issued for the benefit of the city when map shows property to be dedicated to public use.

The evidence of title required by the provisions of the Subdivision Map Act shall be a certificate of title or a policy of title insurance issued by a title company authorized by the laws of the state or write the same, showing the names of all persons having any record title interest in the land to be developed, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on such final map, the said certificate of title or policy of title insurance shall be issued for the benefit and protection of the city. (Ord. No. 81-11, § 1, 3-16-81)

21.50 Subdivider to deposit fee required by law for recordation upon submission of final map.

Upon the submission of a final map, the developer shall deposit with the county surveyor a sum of money equal to the amount as prescribed in Section 37372 of the Government Code for recordation of a subdivision map, which money shall be deposited in a trust fund for that purpose and, upon the filing of such map for record in the office of the county recorder, such money shall be used by the surveyor in payment of the fee for the recording of such map. (Ord. No. 81-11, § 1, 3-16-81)

21.51 Deposited fee may be retained if intent to record map is abandoned.

In the event that the developer abandons his intention to cause such map to be recorded and so notified the county surveyor of such fact in writing, only such money shall be returned to the developer who deposited the same as was not used to process the map to the point of abandonment. (Ord. No. 81-11, § 1, 3-16-81)

21.51.1 Effect of delays in the processing of the final map.

If the final map is not recorded within sixty (60) days after all required signatures are obtained, the map shall be returned to the public works department, and retained there without recordation until the developer is prepared to record the map immediately. An approved or conditionally approved tentative map is valid for twenty-four (24) months. Said approval may, at council’s discretion, be conditionally extended for three (3) periods not to exceed an additional twelve (12) months each. If the map is not recorded by the time of expiration of the tentative map, the developer will be required to start with the tentative map process again, the final map may be declared null and void and the developer may be required to prepare a new map. (Ord. No. 81-11, § 1, 3-16-81; Ord. No. 86-19, § 70, 10-6-86)

21.52 Fees required upon submission of map; amounts of fees.

In addition to all other fees and charges required by law, upon submitting the final map, plans or approved record of survey map under the provisions of the Subdivision Map Act, the developer shall pay fees for map checking, recording, hydrant positioning, public works and engineering services, development fees, and fees for existing infrastructure related to the development. These fees shall be set from time to time by resolution of the city council, a copy of which shall be kept on file in the office of the director of public works. (Ord. No. 81-11, § 1, 3-16-81; Ord. No. 86-19, 71, 10-6-86)

21.53 Numbering or lettering blocks with subdivision; specifications for numbers or letters; blocks not to be divided between two or more streets.

In the event that the developer elects to number or letter the blocks in any subdivision, all blocks therein shall be numbered or lettered in numerical or alphabetical order, respectively, commencing with the numeral “1” or the letter “A” and continuing without omission or duplication. Such numbers or letters shall be solid and of sufficient size and thickness as to be conspicuous on the map, and shall be so placed as not to obliterate any figure or other design. Except where necessitated by a scale sufficiently large to show all details clearly, no block shall be divided between two (2) or more sheets. (Ord. No. 81-11, § 1, 3-16-81)

21.54 Numbering or lettering of lots within blocks.

In the event that the blocks of any subdivision are numbered or lettered, the lots in each block therein shall be numbered or lettered, the lots in each block therein shall be numbered beginning with the numeral “1” and continuing without omission or duplication in any such block; otherwise the lots shall be numbered beginning with the numeral “1” and continuing without omission or duplication throughout the entire tract. No prefix or suffix nor combination of letter and number shall be used. Each lot shall be shown entirely on one sheet. (Ord. No. 81-11, § 1, 3-16-81)

21.55 Distinctive border for subdivision boundary.

The boundary line of a subdivision shall be indicated by a distinctive border. Such border shall be of such density as to be transferred to a blue line print of such map and not to obliterate any line, figure or other data appearing on such map. (Ord. No. 81-11, § 1, 3-16-81)

21.56 Title sheet—Title and subtitle required.

The title sheet of each final map shall contain a title consisting of the number, name or designation of the subdivision, also the words “in the City of Gilroy” also except as provided in section 21.60 hereof, a subtitle consisting of a description of all the property being developed, by reference to such map or maps of the property shown thereon, as shall have been previously recorded. (Ord. No. 81-11, § 1, 3-16-81)

21.57 Same—Certificate of surveyor or engineer required; also setting of monuments.

A certificate by the engineer or surveyor responsible for the survey and final map is required. His certificate shall give the date of the survey, state that the survey and final map were made by him or under his direction, and that the survey is true and complete as shown. The certificate shall also state that all the monuments are of the character and occupy the positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. (Ord. No. 81-11, § 1, 3-16-81)

21.58 Same—Legibility.

Certificates, affidavits and acknowledgments shall be legibly printed upon the title sheet of the final map with opaque ink. (Ord. No. 81-11, § 1, 3-16-81)

21.59 Same—Maps filed for reversion to acreage.

Upon the title sheet of each map filed for the purpose or reverting subdivided land to acreage, the subtitle shall consist of the words “A Reversion to Acreage of _________” (insert a legal description of the land being reverted). (Ord. No. 81-11, § 1, 3-16-81)

    State law references—Reversions and exclusions to/of acreage, Ch. 6, Subdivision Map Act.

21.60 Identification of stakes, monuments, etc., determining boundaries; designation of corners of adjoining subdivision or land developments necessary to locate boundaries.

On each final map shall be fully and clearly shown and identified such stakes, monuments or other evidence determining boundaries of the subdivision or land development as were found on the ground, together with sufficient corners of adjoining subdivisions or land developments by lot and block number, tract name and place of record, or by section, township and range, or other proper designation as may be necessary to locate precisely the limits of the subdivision or land development. (Ord. No. 81-11, § 1, 3-16-81)

21.61 Orientation for convenient reading from map to book.

The map on each sheet and the lettering thereon shall be so oriented that, with the north point directed away from the reader, the map may be read most conveniently from the bottom or lower right corner of such sheet, the binding edge to be at the left and lengthwise of the sheet, keeping in mind that the sheets are always on the right page of the map book, the left page being always blank. (Ord. No. 81-11, § 1, 3-16-81)

21.62 Make up of sheets.

Each sheet of a final map, except the title sheet or sheets thereof, shall bear the main title of the map, the scale of the map, north point, and sheet number, together with a designation of the relation, if any, between each sheet and each other sheet thereof. (Ord. No. 81-11, § 1, 3-16-81)

21.63 Bearings and lengths of lines shown on final map; no ditto marks, etc., permitted.

The bearing and length of each lot line, block line and boundary line shall be shown on the final map; provided that when bearings or lengths of lot lines in any series of lots are the same, such bearings or lengths may be omitted from each interior parallel lot line of such series. Each required bearing and length shall be shown in full and no ditto mark or other designation of repetition shall be used. (Ord. No. 81-11, § 1, 3-16-81)

21.64 Accuracy of area designation.

Upon each lot containing an area of three-fourths of an acre or more shall be designated the acreage of such lot shown not less accurately than to the nearest one-hundredth of an acre. (Ord. No. 81-11, § 1, 3-16-81)

21.65 Curve data which must be shown.

The length, radius and total central angle or bearing or terminal radii on each curve and the bearing of each radial line to each corner on each curve, or the central angle of each segment within each lot, shall be shown thereon. (Ord. No. 81-11, § 1, 3-16-81)

21.66 Center lines of highways, streets or ways to be shown; includes widths, widths to be dedicated, etc., as well as curve data; also widths of railroad rights-of-way, easements, etc.

There shall be shown upon each final map or approved record of survey map the center line of each highway, street or way, the total width thereof, the width of that portion, if any, to be dedicated, and in the case of any existing highways, streets or ways, the width thereof, and the width of each highway, street or way on each side of the center line thereof. On each such center line shall be shown the bearing and length of each tangent, and radius, central angle, semitangent, chord and length of each curve.

The final map shall show the width of each railroad right-of-way, flood control or drainage easement and other easement appearing on such map, whether previously of record or offered for dedication on such map. (Ord. No. 81-11, § 1, 3-16-81)

21.67 Center lines of easements must be shown; for easements not definitely located, a statement must be placed on map; easements reserved for public utilities, etc., shall be shown.

Upon a final map shall be shown the center line or sidelines of each easement to which the lots in the subdivision or development are subject. In the event that such easement is not definitely located of record, a statement showing the existence of such easement shall be placed on the map. Easements reserved by the owner for public utilities or for other purposes shall be shown on the map and so designated thereon. (Ord. No. 81-11, § 1, 3-16-81)

21.68 Easements being dedicated shall be set out in certificate.

If an easement is being dedicated by a final map, it shall be properly set out in the owner’s certificate of dedication on the map. (Ord. No. 81-11, § 1, 3-16-81)

21.69 Natural watercourses to be shown.

The location of any watercourse, channel, stream or creek shall be shown on the final map. (Ord. No. 81-11, § 1, 3-16-81)

21.70 Agreement to meet standards of drainage facilities in exchange for city’s maintenance and operation.

In consideration for the acceptance by the city of responsibility for maintenance and operation for the useful life of the drainage facilities, on site and off site, the subdividers and property developers shall enter into an agreement covering the cost, type, quality and character of installing same in accordance with the stipulations set forth in the applicable resolution as the same now exists or may hereinafter be amended. (Ord. No. 81-11, § 1, 3-16-81)

21.71 Agreement to meet standards of sanitary sewers in exchange for city’s maintenance and operation.

In consideration for the acceptance by the city of responsibility for maintenance and operation for the useful life of the sanitary sewers and water utilities, necessary connecting system, general plan and appurtenances, the subdivider and property developers shall enter into an agreement covering the cost, type, quality and character of installing same in accordance with the stipulations set forth in the applicable resolution as the same now exists or may hereinafter be amended. (Ord. No. 81-11, § 1, 3-16-81)

21.72 Land shown as intended for public use; private streets.

Except as set out in this chapter, all parcels of land intended for public use in a subdivision or development shown on the final map thereof, shall be offered for dedication for public use. Provided, however, that with the approval of the city council, a street, highway or way which is intended to be kept physically closed to the public travel or posted as a private street at all times may be shown as a private street, but in any such case, the final map shall contain a conditional offer of dedication which may be accepted by the city council at such time as the street shall have been opened to public travel for a period of three (3) months or more. Any such private street shall be shown on such map by heavy dashed lines. Sufficient data shall be shown on each private street to define its boundaries, as is required for a public street, and also sufficient mathematical data to show clearly the portion of each lot within such street. The design and improvement of any such private street shall be subject to all of the requirements prescribed by this chapter for public streets, unless otherwise approved by the planning commission. (Ord. No. 81-11, § 1, 3-16-81)

21.73 Delineation of structures within easements must accompany final map; publicly owned drainage lines, etc., not included as structures.

Any final map of a subdivision or development presented to the city for acceptance of easements and recordation shall be accompanied by an additional copy on which is delineated all structures existing within the easements, except publicly owned storm drains, water lines, sewers, and other sanitary facilities, whether such structures are on recorded easements or not. (Ord. No. 81-11, § 1, 3-16-81)

21.74 Accepting right-of-way or easement for dedication without consent of those having an interest in the right-of-way or easement.

If the owner of an easement or right-of-way of any kind or nature in any right-of-way offered for dedication, who has no other interest whatever in any part of the lands included within the development, refuses to make his easement subject to any right-of-way offered to the public, but the final map in all other respects complies with this chapter, with the Subdivision Map Act, and with every other applicable statute and ordinance, and the city council finds that the developer has in good faith attempted to obtain the necessary signature from such owner and has been unable to do so, and that a refusal to accept the final map for recordation would work an undue hardship on the developer, then by a majority vote of all its members the city council may accept such map. (Ord. No. 81-11, § 1, 3-16-81)

21.75 Developer’s duty to grade and improve land dedicated.

The developer shall grade and improve or agree to grade and improve all land dedicated or to be dedicated on a final map for streets, highways, public ways, and easements, and all private streets and private easements laid out on a final map in such a manner and with such improvements as are necessary for the general use of the lot owners in the development and local neighborhood traffic and drainage needs as required by city standards. (Ord. No. 81-11, § 1, 3-16-81)

21.76 Plans, etc., for improvements must be submitted prior to submitting final map; subject to city engineer’s approval.

Plans, profiles, and specifications for improvements set out in the previous section shall be furnished to the city engineer not later than the time of submitting the final map to the county surveyor for checking and such plans, profiles, and specifications shall be subject to the approval of the city engineer before any such final map shall be approved. (Ord. No. 81-11, § 1, 3-16-81)

21.77 Agreement to furnish equipment necessary to complete—For improvements not completed at time of recording and filing final map.

If any improvements be not completed to the satisfaction of the city council before the final map is recorded or filed, the developer shall, prior to the approval by the city council of the final map, enter as contractor into an agreement with the city whereby, in consideration of the acceptance by the city of the dedications offered on the final map and the approval of the final map, the developer, as such contractor, agrees to furnish all necessary equipment and material and to complete such work within the time specified in such agreement. (Ord. No. 81-11, § 1, 3-16-81)

21.78 Same—Performance bond to accompany agreement.

The agreement shall be accompanied by a faithful performance bond guaranteeing the faithful performance of all work, the inspection of which is the duty of the city engineer, in a penal sum which, in the opinion of the city council, equals the cost thereof. (Ord. No. 81-11, § 1, 3-16-81)

    State law references—Authority of city to require bond, B.& P.C., § 11612; deposit in lieu of bond, B.& P.C., § 11613.

21.79 Same—Cash deposit to accompany agreement; equal to cost of setting monuments; may be retained by the city.

The agreement referred to in section 21.46 shall be accompanied by a cash deposit in an amount estimated by the city engineer to be sufficient to pay the cost of setting the monuments. If such monuments are not set within the specified time, the city engineer shall so notify the developer and the engineer or surveyor signing the map. If, within thirty (30) days from the date of such notice, the monuments are not set, the city engineer shall order the engineer or surveyor signing the map to set the monuments, and upon satisfactory completion thereof, shall pay or cause to be paid to said engineer or surveyor the amount of the above-mentioned deposit. If the engineer or surveyor signing the map is deceased or is found to be unable to perform such work, the monuments shall be set by the city engineer and the deposit shall be retained by the city. (Ord. No. 81-11, § 1, 3-16-81)

21.80 Alternative security for performance bond.

In lieu of any faithful performance bond required by this article, the developer may deposit with the city council a sum of money or negotiable bonds equal to the required amount of such bond as security for the faithful performance thereof, or deliver any other form of security permitted under the Subdivision Map Act for such an undertaking; provided, that such alternative form of security is approved in advance by the city engineer. (Ord. No. 2014-10, § 1, 8-4-14)

21.81 Same—A reduction in the performance bond or a partial reduction of funds upon partial completion.

When any portion of an improvement has been actually fully completed, the officer whose duty it is to inspect such improvement may report such fact to the city council who may authorize from time to time a reduction in the bonds or a partial withdrawal of funds, which bonds or funds were deposited in lieu of a faithful performance bond required by this article, equal to the estimated cost of such completed portion. (Ord. No. 81-11, § 1, 3-16-81)

21.82 Certificates and acknowledgments which must appear on the title sheet.

The following certificates and acknowledgments must appear on the title sheet of the final map:

(a) Owner’s certificate, including the offer of dedication, if any;

(b) Engineer’s or surveyor’s certificate;

(c) City engineer’s certificate of approval, including statement that final map conforms substantially to the approved tentative map and to any approved alterations thereof;

(d) Certificate of approval of planning commission;

(e) City clerk’s certificate of approval by the city council and acceptance of the offer of dedication;

(f) Such other affidavits, certificates, acknowledgments, endorsements, and notarial seals as are required by law and by the provisions of this chapter. (Ord. No. 81-11, § 1, 3-16-81)

    State law references—Certificates and acknowledgments on final maps, Ch. 2, Subdivision Map Act.

21.83 Action on final map after certification by city engineer.

After checking and certifying the correctness and completeness of the final map and its conformance with the approved tentative map, if required, the city engineer shall transmit the same to the city council, together with all other appurtenant and necessary information, including bonds. The city council, at its next regular meeting after receipt of such map, shall accept the bonds and approve the map if it is satisfied with the same, or it may order changes in the map as well as in the bonds and then approve the same when such changes are made, or it may refer the map back to the planning commission and the bonds back to the city engineer for further study, examination, revision and report, after which the map and bonds shall again be delivered to the council for final approval. After approval, the map shall then be transmitted to the county surveyor or county engineer for recording. (Ord. No. 81-11, § 1, 3-16-81)

21.83.1 Vesting maps.

(a) The rights conferred by a vesting map, as provided under Chapter 4.5 (titled Development Rights) from the California Subdivision Map Act, shall be valid for a period of twelve (12) months beyond the recording of the final map. When more than one final map is being recorded on various phases of a project covered by a single vesting tentative map, the twelve (12) month time period shall begin for each phase when the final map for that individual phase is recorded.

(b) The initial twelve (12) month time period shall be automatically extended by that amount of time that is used by the city for processing a completed application for either a grading permit or revised architectural and site review beyond thirty (30) days, from the date that an application is deemed complete.

(c) Prior to the expiration of the initial twelve (12) month time period, the subdivider may request from the planning commission a single twelve (12) month extension. The commission shall forward their recommendation to the city council, within fifteen (15) days, for their final review. The city council shall consider the report of the planning commission, but shall not be bound thereby.

(d) If a completed application for a building permit is submitted within the specified time periods, stated within subsections (a) and (b) above, the rights conferred by the vesting map shall continue until the expiration of the building permit, or any extensions of the permit allowed by City Code. (Ord. No. 85-15, § 3, 8-19-85)

21.84 Taxes and special assessments—Filing of certification that no liens for unpaid taxes, etc., are outstanding prior to filing with governing body.

Prior to the filing of the final map with the city council, the developer shall file with the clerk of the board of supervisors of the county, in which any part of the development is located, showing that according to the records of his office, there are no liens against the development or any part thereof for unpaid state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. (Ord. No. 81-11, § 1, 3-16-81)

    Cross references—Taxation generally, Ch. 22.

21.85 Same—Developer must file certificate estimating taxes and assessments not yet payable.

As to taxes or special assessments collected as taxes not yet payable, the developer shall file with the clerk of the board of supervisors mentioned, a certificate by each proper officer giving his estimate of the amount of taxes and assessments which are a lien but which are not yet payable. (Ord. No. 81-11, § 1, 3-16-81)

21.86 Same—Prior to recording final map, a bond must be filed equal to all taxes or special assessments not yet payable; money or negotiable bonds may be deposited in lieu of bond.

Whenever any part of the development is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded until the owner or developer executes and files with the board of supervisors of the county wherein any part of the development is located, a good and sufficient bond to be approved by the board and by its terms made to inure to the benefit of the county and conditioned upon the payment of all state, county, municipal and local taxes and all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable, in lieu of a bond, a deposit may be made of money or negotiable bonds in the same amount, and of the kind approved for securing deposits of public money. (Ord. No. 81-11, § 1, 3-16-81)

21.87 Same—Bond or deposit only need to be for sum sufficient to pay taxes on developed portion of larger parcel.

If the land being developed is a portion of a larger parcel shown on the last preceding tax roll as a unit, the bond or deposit for payment of taxes need be only for such sum as may be determined by the board of supervisors to be sufficient to pay the taxes on the land being developed, together with all accrued penalties and costs if such taxes are allowed to become delinquent. (Ord. No. 81-11, § 1, 3-16-81)

21.88 Requirements for center line monuments at intersections, points on curves, etc.

Center line monuments shall be set to mark the intersections of streets, intersections of streets with the tract boundary, or to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points. Each such monument shall be not less durable and substantial than that required by the city. In unsurfaced, graveled or oiled surfaces, a two-inch iron pipe shall be set not less than twelve (12) inches below the surface. (Ord. No. 81-11, § 1, 3-16-81)

21.89 Notes required to determine center line intersection monuments.

For each center line intersection monument set, the engineer or surveyor under whose supervision the survey has been made shall furnish to the city engineer a set of notes showing clearly the ties between such monument and four (4) durable distinctive reference points or monuments. Such reference points or monuments may be leads and tacks in curbs or sidewalks, or two-inch by two-inch stakes set back of the curbline and below the surface of the ground, or such substitute therefor as appears to be not more likely to be disturbed. Such set of notes shall be of such quality, form and completeness and shall be on paper of such quality and size as may be necessary to conform to the standardized office records of the city engineer. All such notes shall be indexed and filed by the city engineer as a part of the permanent public records of his office. (Ord. No. 81-11, § 1, 3-16-81)

21.90 Identification of engineer.

All monuments set as required in this chapter shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made. (Ord. No. 81-11, § 1, 3-16-81)

21.91 Inspection and approval.

All monuments shall be subject to inspection and approval by the city engineer. (Ord. No. 81-11, § 1, 3-16-81)

21.92 Redemption of subdivided land.

If land being subdivided is sold for taxes, it may be redeemed from such sale without the redemption of the remainder of the larger parcel of which it is a part pursuant to the provisions of the revenue and taxation code as if it were held in ownership separate from and other than the ownership of the remainder. (Ord. No. 81-11, § 1, 3-16-81)

ARTICLE IV. LOTS

DIVISION 1. LOT DEVELOPMENT

21.93 Areas and widths.

Each lot in any subdivision shall have an area of not less than the required area for the zone in which the lot or any portion thereof is located. Each lot shall have an average width of not less than the required width, or shall contain an area of not less than the required area. (Ord. No. 81-11, § 1, 3-16-81)

21.94 Angle of sideline to street upon which lots front.

The sidelines of lots shall be at an approximate right angle to the street upon which such lots front, except as otherwise approved by the planning commission. (Ord. No. 81-11, § 1, 3-16-81)

21.95 Minimum frontage; exception as to unusual conditions.

Each lot shall have a street frontage of not less than forty (40) feet except under certain unusual conditions such as: Areas where the topography makes it impractical to provide such frontage or the original parcel is shaped in such a manner that the property could not be reasonably developed without such an exception and a formal tentative map is approved for the site. With such approval, a lot may have a strip of land not less than twenty-five (25) feet in width connecting the building site(s) with the street. The area of such a strip of land shall be excluded in computing the required lot area and widths and the length of such strip of land shall not exceed three hundred (300) feet. (Ord. No. 81-11, § 1, 3-16-81)

21.96—21.106 Reserved.

DIVISION 2. LOT DIVISION

21.107 Lot divisions must comply with all applicable regulations of this division.

Any person desiring to divide any single lot or parcel of land shown in the last preceding tax roll as a unit into not more than four (4) building sites whether for residential, commercial or industrial purposes, shall comply with all applicable regulations of this division. (Ord. No. 81-11, § 1, 3-16-81)

21.108 Certificates of compliance.

The city engineer determines that lots have been shown on the tax rolls for at least ten (10) years as separate parcels, or when in his opinion a lot line adjustment is minor and does not create additional or undesirable parcels, he shall, upon request of the owner, file with the county recorder a certificate of compliance noting that said parcels are exempt from the provisions of the subdivision and land development ordinance. (Ord. No. 81-11, § 1, 3-16-81)

21.109 Lot merger.

The city engineer may, upon request of the owner, file with the county recorder a certificate of compliance merging contiguous parcels under common ownership without reverting to acreage. (Ord. No. 84-20, § 1, 9-17-84)

21.110 Reversion to acreage.

A parcel map may be filed for the purpose of reverting to acreage land previously subdivided and consisting of four (4) or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map. (Ord. No. 84-20, § 1, 9-17-84)

ARTICLE V. REQUIREMENTS FOR UNDERGROUNDING UTILITIES6

21.111 Purpose of article.

The purpose of the utility facilities undergrounding program established in this article is to implement the urban design policies of the general plan for the City of Gilroy by requiring developers to place all new and existing utilities underground when constructing new development, constructing new streets, and completing partially-constructed streets. (Ord. No. 2004-04, § II, 4-19-04)

21.112 Utility facilities—Definition.

For the purposes of this article, “utility facilities” shall mean wires, cables and other facilities supplying electric, communication, or similar services, and shall include distribution lines and service lines. (Ord. No. 2004-04, § II, 4-19-04)

21.113 Exemptions.

(a) Projects for which street frontage is solely adjacent to a street or streets within an underground utility district established prior to July 1, 1989.

(b) Utility facilities not covered under P.G.&E. Electric Rule 2.6 for distribution voltage shall be exempt from the provisions of this article. For example, facilities used to transmit electrical energy at nominal voltages of sixty-four thousand (64,000) volts or more shall be exempt.

(c) Projects for which the city engineer determines underground installation of utility facilities would be unreasonable or impractical due to physical constraints such as topography or soil conditions.

(d) Exemptions authorized by the city council, upon recommendation of the planning commission, as enumerated in section 26A.6 of this Code. Authorizing exceptions for one portion of a development shall not affect the requirements for the balance of that development. (Ord. No. 2004-04, § II, 4-19-04)

21.114 Undergrounding required with new streets and development.

(a) All utility facilities within newly constructed streets shall be placed underground. For the purposes of this section, “newly constructed streets” shall mean that as part of an approved project, a street is completed, or a half street is built.

(b) All new and existing utility facilities within a new development shall be placed underground. In commercial and industrial areas of the city in which development has occurred with overhead or above-ground utility facilities in or along the frontage of properties, these existing utility facilities shall be placed underground in connection with development. In residential areas of the city in which development has occurred with overhead or above ground utility facilities in or along the frontage of properties, these existing utility facilities shall be placed underground in connection with a development or redevelopment of property consisting of four (4) or more dwelling units.

(c) When undergrounding is required under this section, any existing poles or other above-ground facilities shall be removed. No new poles may be placed in conjunction with the facilities required to be placed underground pursuant to this section; all required underground facilities shall connect to the nearest existing pole on property not covered under this article. (Ord. No. 2004-04, § II, 4-19-04)

21.115—21.123 Reserved.

ARTICLE VI. TRAFFIC IMPACT FEE

21.124 Purpose of article.

The purpose of the citywide traffic impact fee established in this article is to finance street and highway improvements identified as necessary to achieve the guiding policies set by the Gilroy General Plan regrading the transportation of people and goods within the general plan planning area, as the general plan and planning area may be amended from time to time, by requiring development projects within the City of Gilroy to contribute to a fund that will finance these improvements, thereby reducing the adverse citywide traffic impacts the development projects cause. (Ord. No. 92-19, § II, 11-16-92)

21.125 Development project; definition.

For the purposes of this article, “development project” shall include:

(1) Any new residential, commercial, industrial or other nonresidential buildings;

(2) Any additions or alterations to existing residential improvements that create one (1) or more additional dwelling units; and

(3) Any additions or alterations to existing nonresidential improvements that increase the gross square footage of the improvement, in which case:

a. The citywide traffic impact fee shall apply only to the increase in gross square footage if the proposed use is in the same fee rate category as the existing use; or

b. The citywide traffic impact fee shall apply to the entire gross square footage of the improvement if the proposed use is in a higher fee rate category than the existing use, except that credit shall be applied in an amount based on the existing gross square footage in the existing fee rate category.

“Development project” shall not include governmental entity buildings utilized solely for governmental purposes by that entity and which otherwise are legally exempt from such city-imposed fees.

“Development project” shall not include a building added to existing private school facilities for use by that school’s population only, that the city determines will not create a traffic impact, provided that the school enters into an agreement with the city which includes restrictions to preclude changes in use that could increase the school’s population or generate traffic impacts. (Ord. No. 92-19, § II, 11-16-92; Ord. No. 2006-04, § I, 2-27-06)

21.126 Fee required.

Approval of any development project by the city shall be conditioned upon the payment of a citywide traffic impact fee in an amount as fixed from time to time by resolution of the city council. The fee will be calculated upon the number of dwelling units for residential developments projects, and upon gross square footage for nonresidential development projects, except as otherwise provided in section 21.124(c). The council resolution shall establish categories of development projects and fix a fee rate for each category. When a development project does not clearly fall under one of the established fee rate categories, the planning director shall have discretion and final authority to assign it to an established category. (Ord. No. 92-19, § II, 11-16-92)

21.127 Time of payment.

The time of payment of the traffic impact fee is as follows:

(1) For residential projects, at the earliest time authorized by California Government Code section 66007, as it may be amended from time to time;

(2) For nonresidential projects, at the earlier of the time specified by an agreement with the city or prior to issuance of a building permit. (Ord. No. 92-19, § II, 11-16-92)

21.128 Developer construction; fee credit.

The traffic impact fee is the minimum contribution toward the mitigation of traffic impacts to be required of a development project. If because of special conditions caused by a development project, the development project is required to construct any improvement or portion thereof which was to be finance by the city-wide traffic impact fee, the development project shall receive a credit against its fee. The credit shall be equal to the construction cost of the improvement identified in Exhibit A to Resolution No. 92-78 as it may be amended from time to time, or if only a portion of the improvement is constructed, equal to the prorated portion of said construction cost. In no event, however, shall the credit exceed the traffic impact fee the development project would otherwise pay. (Ord. No. 92-19, § II, 11-16-92)

    Note: Exhibit A has not been set out herein but is available in the office of the city clerk.

21.129 Separate fund; limited use of fees.

(a) All fees collected pursuant to the provisions of this article and any earnings thereon, shall be placed in a separate citywide traffic impact fee fund in a manner to avoid any commingling of the fees with other revenues and funds, except for temporary investments or as may otherwise be permitted by law.

(b) All fees collected pursuant to the provisions of this article, and any earnings thereon, shall be expended solely for the construction of street and highway improvements identified as necessary to achieve the guiding policies set by the general plan regarding the transportation of people and goods within the general plan planning area. (Ord. No. 92-19, § II, 11-16-92)

21.130 Reimbursement to city of costs advanced for rights-of-way or improvements.

(a) In cases where the city advances the costs for rights-of-way acquisition or for construction of improvements for a portion of a street which is part of the city’s circulation element of the general plan, and for which an owner or developer is responsible to acquire or dedicate rights-of-way and/or construct improvements, owners or developers of land which abuts upon such portion of such street shall repay such advanced costs to city, to be redeposited in the traffic impact fee fund, when and if such land is sought to be developed and a development permit is issued or approved therefor. The repayment shall be made prior to and as a prerequisite for approval of a final or parcel map on the property, even if repayment was for any reason not imposed as a condition of the tentative map. If no such approval is being sought, the repayment shall be made prior to and as prerequisite to issuance of a building permit for the property.

(b) For purposes of this section, the costs of rights-of-way or improvements shall mean the sum total of the costs incurred or expended by the city in the form of purchase price or eminent domain judgment for the acquisition of rights-of-way. Said costs shall also include engineering costs for preparation of plat maps and boundary descriptions necessary for such acquisitions. Such costs shall also mean the sum total of all costs incurred or expended by city for the construction of street improvements, including but not limited to engineering costs and expenses, costs and expenses of preparing plans and specifications, costs and expenses for inspection, publication, advertising and printing, costs of construction contract, costs of extra work and materials approved by city, and costs of preparation of environmental review documents for the required improvements.

(c) Improvements may include but shall not be limited to paving (including all preparation, removal, excavation, fill base material compaction), curbs, gutters, sidewalks, street lights (including cables and electrical conduit), median islands and any and all appurtenances to the foregoing improvements. (Ord. No. 96-6, 5-20-96)

21.131—21.149 Reserved.

ARTICLE VII. LIBRARY IMPACT FEES

21.150 Purpose of article.

The purpose of library impact fees is to finance expansion of the Gilroy Library to meet the projected needs of the city’s growing population by imposing fees on development projects. (Ord. No. 2002-14, § I, 8-5-02)

21.151 Definitions.

(a) “Development project” shall have the same meaning as stated in Section 21.125 of this Code.

(b) “Time of payment” shall have the same meaning as stated in Section 21.127 of this Code. (Ord. No. 2002-14, § I, 8-5-02)

21.152 Library impact fee required; fund established.

(a) Approval of any residential development project by the city shall be conditioned upon the payment of library impact fees in amounts in effect at the time of payment of the fees and as fixed from time to time by resolution of the city council. The city council resolution shall establish categories of development projects and fix fee rates for each category. The fees applicable to a particular residential development project shall be calculated upon the number and types of residential dwelling units.

(b) All fees collected pursuant to the provisions of this article, and any earnings thereon, shall be placed in a separate library impact fee fund in a manner to avoid any commingling of the fees with other revenues and funds, except for temporary investments or as may otherwise be permitted by law. The fees collected, and unharnessing thereon, shall be expended solely for the acquisition and development of library facilities and the repayment of any indebtedness incurred by the city therefor. (Ord. No. 2002-14, § I, 8-5-02)

21.153—21.159 Reserved.

ARTICLE VIII. PUBLIC FACILITIES FEES

21.160 Purpose of article.

The purpose of the public facilities development impact fees is to finance expansion of public facilities in the areas of police, fire, parks and recreation, library, and general public facilities to meet the projected needs of the city’s growing population by imposing fees on development projects. This fee shall supplant the requirement for a development project to pay development impact fees under the existing police, fire, parks and recreation, library and general public facilities impact fees. (Ord. No. 2004-17, § I, 11-1-04)

21.161 Definitions.

(a) “Development project” shall have the same meaning as stated in section 21.125 of this Code.

(b) “Time of payment” shall have the same meaning as stated in section 21.127 of this Code.

21.162 Public facilities impact fee required; fund established.

(a) Approval of any development project by the city shall be conditioned upon the payment of public facilities impact fees in amounts in effect at the time of payment of the fees and as fixed from time to time by resolution of the city council. The city council resolution may establish separate fee rates for different categories of development projects.

(b) All fees collected pursuant to the provisions of this article, and any earnings thereon, shall be placed in a separate public facilities impact fee fund in a manner to avoid any commingling of the fees with other revenues and funds, except for temporary investments or as may otherwise be permitted by law. The fees collected, and any earnings thereon, shall be expended solely for the acquisition and development of public facilities and the repayment of any indebtedness incurred by the city therefor. (Ord. No. 2004-17, § I, 11-1-04)

21.163 Effective date; annual adjustment; five-year review.

(a) This public facilities impact fee shall be collected as a combined fee commencing on January 1, 2005. From and after that date, no further impact fees for the five component fees that have been merged into this public facilities fee shall be collected, except that said fees shall be collected for any development project that has vested rights precluding the application of this public facilities fee to it.

(b) The public facilities impact fee shall be adjusted annually effective January 1 of each calendar year based upon any increase in the Construction Cost Index as published by the Engineering News-Record (ENR) as measured from October to October of each year, starting with October, 2004. If the index decreases, no adjustment shall be made. In addition, the city council by resolution may adjust the amount of the fee from time to time based on new data.

(c) Every five (5) years commencing in the year 2009, the city shall comprehensively review this public facilities impact fee and the data upon which it is based, and shall reset the rates as appropriate for the ensuing five-year period. (Ord. No. 2004-17, § I, 11-1-04)

21.164 Reimbursement for developer construction.

If because of special conditions caused by a development project, the development project is required to construct any improvement or portion thereof which is listed in the most current approved city capital improvement budget, then the full public facilities impact fee hereunder shall be collected from the development project, but the development project shall be reimbursed for the full cost of the improvement constructed (or, if only a portion of the improvement is constructed, the prorated portion of said construction cost), using the project cost as listed in said capital improvement budget as increased by the ENR index in the same manner that this fee is increased. In no event, however, shall the reimbursement exceed the cost or prorated cost of the improvement shown in the capital budget. This section shall also apply to contributions or dedications of land by a development project. (Ord. No. 2004-17, § I, 11-1-04)


1

Editor’s note: Ord. No. 81-11, § 2, enacted March 16, 1981, repealed and replaced Ch. 21. The former chapter derived from Ord. No. 80-18, § 1, enacted June 2, 1980; Ord. No. 77-15, § 18, enacted April 18, 1977; Ord. No. 832, § 1, enacted Oct. 21, 1978, and the following legislation: Ord. No. 602, §§ 1.1, 1.4, 1.6, 1.7, 2.1—2.6, 3.1—3.28, 4.1—4.3, 4.12, 5.1—5.44, 6.1, 7.1, 8.1, 9.1; Ord. No. 663, § 1; Ord. No. 696, § 1; Ord. No. 743, § 1; Ord. No. 744, §§ 1, 2; Ord. No. 756, § 1; and Ord. No. 757, § 1.


2

State law references—Subdivisions generally, Subdivision Map Act, Gov. C., §§ 6641066499.37.


3

State law references—Advisory agency, B. & P.C., § 11509.


4

State law references—Tentative map, Subdivision Map Act, Gov. C., § 66452 et seq.


5

State law references—Final map, Subdivision Map Act, Gov. C., § 66410 et seq.


6

Editor’s note: Ord. No. 2004-04, §§ I, II, adopted April 19, 2004, repealed former Art. V, §§ 21.111—21.123, in its entirety which pertained to similar subject matter and derived from Ord. No. 89-17, § 2, 10-16-89; 90-19, § 1, 8-20-90.