Chapter 16.21
SUBDIVISION IMPROVEMENTS
Sections:
16.21.010 Requirements Generally.
16.21.020 Agreement to Guarantee Completion—Required.
16.21.030 Installation and Construction Costs.
16.21.040 Lot Sizes in Excess of Ten (10) Acres—Requirements.
16.21.050 Minor Land Divisions—Requirements.
16.21.060 Parcel Maps—Five-Acre Minimum Lot Size Requirement.
16.21.070 Road Improvements.
16.21.080 Paving for Access Strips.
16.21.090 Improvements Other Than Highways and Street Lights.
16.21.100 Water Mains, Appurtenances and Fire Hydrants.
16.21.110 Supplemental Sewer or Drainage Improvements.
16.21.120 Fences for Watercourses or Drainage Facilities.
16.21.130 Street Lighting—Required.
16.21.140 Street Lighting Requirement Exception.
16.21.150 Street Tree Planting.
16.21.160 Planting Strips.
16.21.170 Sidewalks—Required.
16.21.180 Sidewalks—Not Required.
16.21.190 Major Thoroughfare and Bridge Fees.
16.21.200 Library Facilities and Technology Mitigation Fee.
16.21.210 Traffic Signal Timing.
16.21.010 Requirements Generally.
A. The subdivider shall improve, or agree to improve, all land dedicated or to be dedicated on a final map or parcel map, or by separate instrument, for roads and easements and all private roads and private easements laid out on a final map or parcel map, with those improvements, including sanitary sewers, needed for the general use of the lot owners in the division of land, and for neighborhood traffic and drainage.
B. This section does not require:
1. Improvements to flood-control channels, which improvements are not solely for the benefit of the divisions of land;
2. Improvements to freeways;
3. Improvements excepted by the provisions of Section 16.21.080.
16.21.020 Agreement to Guarantee Completion—Required.
A. If any improvements be not completed to the satisfaction of the City Engineer, Director of Parks, Recreation and Community Services and/or Director of Community Development before the final map is filed, the subdivider shall, prior to the approval by the City Council of the final map, enter as contractor into an agreement with the City of Santa Clarita whereby, in consideration of the acceptance by the Council of any dedication offered on the final map and the approval of the final map, the subdivider, as such contractor, agrees to furnish all necessary equipment and material and to complete such work within the time specified in such agreement.
B. If any improvements are not completed to the satisfaction of the City Engineer, the Director of Parks, Recreation and Community Services or the Director of Community Development before the parcel map is filed with the County Recorder, the subdivider shall, prior to the approval by the Planning Commission of the parcel map, enter as a contractor into an agreement with the City of Santa Clarita whereby, in consideration of the acceptance by the City of Santa Clarita of any dedications offered by the subdivider and the approval of the parcel map by the Planning Commission, the subdivider, as such contractor, agrees to furnish all necessary equipment and material and to complete such work within the time specified in such agreement. (Ord. 00-3, 2/8/00; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)
16.21.030 Installation and Construction Costs.
A. The cost of installing pipes and other facilities for the transmission of water may be paid for in whole or in part from revenues collected from the customers served at regular established water rates for the water company pursuant to regulations of the Public Utilities Commission where applicable, or by a public agency, as defined in Section 4401 of the California Government Code, from the net operating income only, as payment for the sale of water thereto.
B. The subdivider may be reimbursed for a portion of his costs as provided in Sections 66486 and 66487 of the Subdivision Map Act, or other reimbursement enabling acts.
C. Except for assessments authorized after tentative map approval for the financing and completion of improvements required of the subdivider, all outstanding or remaining assessments on the land of the subdivision established for improvements contracted under special assessment district proceedings shall be paid by the subdivider.
16.21.040 Lot Sizes in Excess of Ten (10) Acres—Requirements.
A. Where each parcel resulting from a division of land has a minimum gross area of twenty (20) acres or is one-half part of a quarter-quarter section resulting from the normal division of an undersized section of land, no improvements shall be required.
B. Where each parcel resulting from a division of land has a minimum gross area of ten (10) acres or is a quarter-quarter-quarter section, resulting from the normal division of an undersized section of land and having a minimum gross area of nine (9) acres, and the entire division of land is zoned agricultural (A) or residential estate (RE) by Title 17 of this code, streets or highways which traverse sloping terrain shall be graded in accordance with engineering plans approved by the City Engineer, unless all lots abutting any such street or highway are within an area zoned to have a required area of ten (10) acres or more by the development code as set out at Title 17 of this code. No other improvements shall be required.
C. As used in this section, the term “improvements” does not refer to required monuments. The provisions of this section shall apply notwithstanding the provisions of any other section. (Ord. 00-3, 2/8/00)
16.21.050 Minor Land Divisions—Requirements.
Improvements shall not be required as a condition precedent to filing a parcel map on a minor land division where the Planning Commission finds that the existing systems and improvements adequately serve adjacent developed parcels, unless such improvements are necessary for the development of parcels within the division of land or are necessary to be consistent with the General Plan.
16.21.060 Parcel Maps—Five-Acre Minimum Lot Size Requirement.
A. Except as otherwise provided in this section and Section 16.21.100, no improvements shall be required when all lots shown on a parcel map have a gross area of five (5) acres or more and are within a single-family residential or agricultural zone, or within a desert-mountain zone and used for residential or agricultural purposes.
B. As used in this section, the term “improvement” does not refer to required monuments.
C. On parcel maps of five (5) acre lot size or more, this note shall be placed: “Further division of this property to lot sizes below five (5) acres will require standard improvements be completed as a condition of approval. The improvements will include, but not be limited to, providing access, installation of water mains, appurtenances and fire hydrants, and conformance to City of Santa Clarita development standards.”
16.21.070 Road Improvements.
A. All road improvements, including drainage structures incidental thereto and including two (2) foot cement concrete gutters wherever cement concrete curb is required, shall be installed to a grade approved by the City Engineer. Plans, profiles and specifications for such improvements shall be furnished to the City Engineer no later than the time of submitting the final or parcel map to the City Engineer for checking, and such plans, profiles and specifications shall be subject to the approval of the City Engineer before any such map shall be approved or certified. Such plans, profiles and improvements shall be in accordance with the standards of the City, as adopted by the Council.
1. The developer is responsible for refurbishing the half section of pavement along the frontage of the development to the satisfaction of the City Engineer.
2. The developer is responsible for all street improvements along the project frontage with transitions built beyond site.
B. Where all lots in the division of land contain a net area of not less than twenty thousand (20,000) square feet, the rural street section, inverted shoulder, may be used in lieu of concrete curbs and gutters; provided, that curbs and gutters are not necessary for drainage purposes or to maintain an existing neighborhood pattern.
C. In all locations required by the Director of Transportation and Engineering Services, bus stops shall be installed which shall include bus turnouts, bus shelter/benches, trash receptacles and signage to the satisfaction of the City Engineer. The right-of-way necessary to contain such improvements shall be dedicated by the developer.
D. Developer shall pay street maintenance fees to cover the cost of one-time slurry seal of all pavements constructed as public streets within the development.
E. Subject to the approval of the City Engineer, the developer shall install enhanced pedestrian crossing treatments adjacent to schools, parks, and facilities frequented by children, senior citizens and/or disabled persons. These treatments may include, but not be limited to, raised crosswalks, curb extensions, passive pedestrian detection systems, grade separated pedestrian crossings and in-pavement crosswalk lights. At the discretion of the City, in lieu of providing said improvements, the developer shall pay a fee equal to the City’s cost of constructing the improvements. (Ord. 00-3, 2/8/00; Ord. 05-19 § 2, 12/13/05)
16.21.080 Paving for Access Strips.
A. The Planning Commission may require that single-access strips for flag lots be paved to a width of fifteen (15) feet or to full width, whichever is less, and that multiple-access strips be paved to a total width of twenty (20) feet or to the full combined width of the access strips, whichever is less, with asphaltic concrete or portland cement concrete.
B. Such surfacing shall be installed in accordance with the specifications for driveway paving in Title 17 of this code.
C. The Planning Commission may provide that a subdivider may submit a letter agreeing to the installation of such improvements in lieu of entering into an improvement agreement pursuant to the provisions of Section 16.21.020.
16.21.090 Improvements Other Than Highways and Street Lights.
In the event that fences, walls, water mains, sanitary sewers, other means of sewage disposal or storm drains (other than structures incidental to road improvements) are installed or are to be installed as part of the improvement of a division of land, plans, profiles, specifications and all necessary details of the proposed construction shall be submitted to the City Engineer no later than the time of submitting the final map or parcel map for checking, and shall be subject to final approval by the City Engineer before such final map shall be transmitted to the City Council for approval, or before the parcel map shall be transmitted for filing with the County Recorder. Such plans, profiles and specifications shall show full details of the proposed improvement, which shall conform to the standards of the City of Santa Clarita. Plans for sanitary sewers shall comply with the Sanitary Sewer and Industrial Waste Ordinance. Plans for other methods of sewage disposal shall comply with the City of Santa Clarita Plumbing Code, Title 20 of this code. Plans for water mains and fire hydrants shall comply with Section 16.21.100. (Ord. 00-3, 2/8/00)
16.21.100 Water Mains, Appurtenances and Fire Hydrants.
A. The subdivider shall install, or agree to install, water mains and fire hydrants adequate for the domestic demand and general use of the lot owners and for fire protection to the division of land. This section shall not apply where all lots on the division of land map contain a minimum gross area of five (5) acres, and the area is within a single-family residential or agricultural zone, or within a desert-mountain zone and used for residential or agricultural purposes.
B. The water mains, appurtenances and fire hydrants required by this section shall comply in all respects with all statutes, ordinances, rules and regulations applicable at the time of installation. Such water mains, appurtenances and fire hydrants also shall be designed and constructed to deliver the fire flow and domestic water demands as determined by the Los Angeles County Forester and Fire Warden pursuant to the specifications of service, design and construction set out and in conformance with the Utilities Code and Water System Requirements.
C. On all final and parcel maps of five (5) acre lot size or more, the following note shall be placed: “Further division of this property to lot sizes below five (5) acres will require that standard improvements be completed as a condition of approval. The improvements will include but not be limited to providing access, installation of water mains, appurtenances and fire hydrants, and conformance to standard City of Santa Clarita development standards.”
16.21.110 Supplemental Sewer or Drainage Improvements.
Sanitary sewer or drainage improvements installed by the subdivider for the benefit of the division of land may be required to contain supplemental size, capacity, length, depth or number, or to be altered in location, for the benefit of property not within the division of land in order to facilitate the orderly development of the surrounding area in a manner consistent with the policies of the General Plan. Such improvements shall be dedicated to the public. The City Council shall enter into an agreement to provide for the payment of reimbursement to the subdivider and the collection of charges from the property benefitted by the supplemental improvements, in conformance with applicable state laws.
16.21.120 Fences for Watercourses or Drainage Facilities.
If, by reason of the location, shape, slopes, width, depth, velocity of water therein, or other characteristics of a watercourse or drainage facility on a dedicated easement, the proposed development of the division of land makes necessary the fencing of such watercourse or drainage facility, and the Planning Commission so finds, the subdivider shall improve such watercourse or drainage facility with a chain-link fence or equal, not less than five (5) feet high. Such fence shall be provided with an adequate number of gates to permit access for cleaning and maintenance. There shall be no apertures below the fence large enough to permit a child to crawl under such fence. If any portion of the channel of such watercourse or drainage facility constitutes any portion of the boundary of the division of land, the subdivider shall fence the side of such portion which is within the division of land. All other portions within the division of land shall be fenced on both sides of such watercourse or drainage facility.
16.21.130 Street Lighting—Required.
The subdivider shall provide a street lighting system in each division of land. Plans for street lights shall be submitted accordance with the Highway Permit Ordinance.
16.21.140 Street Lighting Requirement Exception.
The requirement for street lighting systems may be waived if the Planning Commission finds that street lights will not be in keeping with the neighborhood pattern, or all lots in the division of land contain a net area of not less than forty thousand (40,000) square feet and street lights are not necessary to serve such lots so as to maintain the continuity of an established neighborhood street lighting pattern.
16.21.150 Street Tree Planting.
Except as otherwise provided in this section, a subdivider shall plant trees along the frontage of all lots shown on a final map or parcel map. The number, species, and location of such trees shall be as specified by the City Engineer. Tree planting is not required unless it is determined to be in the public interest:
A. Along a segment of a street or highway to which the right of direct access from abutting lots has been relinquished; and
B. Along streets and highways which are not improved with curbs.
16.21.160 Planting Strips.
The Director of Parks, Recreation and Community Services shall advise subdividers and their successors in interest in the selection and care of trees or shrubs to be planted in any required planting strip reservation on private property. (Ord. 05-1 § 2, 1/25/05)
16.21.170 Sidewalks—Required.
Except as otherwise provided in this Title 16, the subdivider shall install sidewalks not less than five (5) feet wide:
A. On both sides of entrance and collector streets within the division of land;
B. On both sides of loop, interior and cul-de-sac streets;
C. Along one side of service roads adjacent to abutting lots;
D. Along highways shown on the Master Plan of Arterial Highways where no service road is provided, and lots in the division of land take direct access to the highway; and
E. Along highways shown on the Master Plan of Arterial Highways where necessary in order to provide for the safety and convenience of pedestrians. (Ord. 00-3, 2/8/00)
16.21.180 Sidewalks—Not Required.
The construction of sidewalks is not required where any one or more of the following conditions exist and the Planning Commission so finds:
A. Where all lots in the division of land contain a net area of not less than fifteen thousand (15,000) square feet or have an average width of not less than one hundred (100) feet, except where sidewalks are necessary to serve such lots so as to maintain the continuity of the established neighborhood sidewalk pattern;
B. The construction of sidewalks would be impractical because of topographical conditions or because of other physical obstacles;
C. Sidewalks will not be in keeping with the neighborhood pattern;
D. Sidewalks are not needed in, and will not benefit the area.
16.21.190 Major Thoroughfare and Bridge Fees.
A. A subdivider, as a condition of approval of a final map for property within an area of benefit, or a building permit applicant, as a condition of issuance of a building permit for property within an area of benefit, shall pay a fee as hereinafter established to defray the costs of constructing bridges over waterways, railways, freeways, and canyons, and/or constructing major thoroughfares.
B. The provisions herein for payment of a fee shall apply only if the bridge and/or major thoroughfare has been included in an element of the General Plan adopted by the City Council at least thirty (30) days prior to the filing of a map or application for a building permit on land located within the boundaries of the area of benefit.
C. Payment of fees shall not be required unless any major thoroughfares are in addition to or a widening or reconstruction of any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.
D. Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.
E. 1. Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of the City Engineer.
2. The City Council will set a public hearing for each proposed area benefitted. Notice of the time and place of said hearing, including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment shall be given pursuant to Section 65905 of the Government Code.
F. 1. At the public hearing, the City Council will consider the testimony, written protests and other evidence. At the conclusion of the public hearing, the City Council may, unless a majority written protest is filed and not withdrawn, determine to establish an area of benefit. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded with the County Recorder.
2. Such apportioned fees shall be applicable to all property within the area of benefit, and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the City Council shall make provision for payment of the share of improvement cost apportioned to such lands from other sources.
3. Written protest will be received by the Clerk of the City Council at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefitted, then the proposed proceedings shall be abandoned and the City Council shall not, for one year from the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protest may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public hearing.
4. If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the City Council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in subsection F of this section.
5. Nothing in this section shall prohibit the City Council, which in such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with such improvements or portion thereof.
G. Fees paid pursuant to this section shall be deposited in a planned bridge facility and/or major thoroughfare fund. A fund shall be established for each planned bridge facility project and/or each planned major thoroughfare project. If the benefit area is one in which more than one bridge and/or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects and/or major thoroughfares in the benefit area. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the City for the costs of constructing the improvement.
H. The City Council may approve the acceptance of considerations in lieu of the payment of fees established herein.
I. The City Council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund for such advances from planned bridge facility and/or major thoroughfare funds established pursuant to this section.
J. If a subdivider, as a condition of approval of a subdivision, is required or desires to construct a bridge and/or major thoroughfare, the City Council may enter into a reimbursement agreement with the subdivider. Such agreement may provide for payments to the subdivider from the bridge facility and/or major thoroughfare fund covering that specific project to reimburse the subdivider for costs not allocated to the subdivider’s property in the resolution establishing the area of benefit. If the bridge and/or major thoroughfare funds covers more than one project, reimbursements shall be made on a pro rata basis, reflecting the actual or estimated costs of the projects covered by the fund.
K. Except as otherwise provided in this document, a building or structure shall not be used on any lot or parcel of land, any portion of which is located within a bridge or major thoroughfare district established by the City of Santa Clarita, unless the required district fee has been paid as a condition of issuing a building permit.
L. This fee does not apply to the use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel land, if the total value of such alteration, enlargement or construction does not exceed one-half of the current market value of existing buildings or structures on such lot or parcel of land. (Ord. 02-5, 4/23/02)
16.21.200 Library Facilities and Technology Mitigation Fee.
A. 1. The provisions of this section shall apply only to residential development projects which, as of the effective date of the ordinance codified in this section, are yet to receive final discretionary approval and/or the issuance of a building permit or other development right and to any new residential use of existing buildings which has not yet commenced as of said effective date.
2. No tract map, parcel map, conditional use permit, other land use permit or other entitlement shall be approved unless payment of the library facilities fee is made a condition of approval for any such entitlement.
B. The library facilities and technology mitigation fee is established by separate resolution of the City Council.
C. The amount of the fee established shall be reviewed annually by the City and/or the Los Angeles County Librarian. No adjustment shall increase or decrease the fee to an amount more or less than the amount necessary to recover the cost of providing the applicable library facilities.
D. 1. No building or similar permit for residential use shall be issued and no new residential use of an existing building shall occur until the applicant has paid the applicable library facilities mitigation fee to the building and safety division of the City. In the event that an applicant desires to proceed with development of a portion of the residential development project, the applicant may obtain building permits for that portion of the project after paying a proportional share of the total library facilities and technology fee for the project to the satisfaction of the Director of Community Development.
2. The provisions above shall apply to payment of the library facilities and technology mitigation fee for a residential development project if the fee will reimburse the City for expenditures already made, or if the City and/or County of subsection (D)(1) of this section has previously adopted a capital improvement plan or proposed construction schedule and has established an account and appropriated funds for the library facilities to be financed by the fee. In all other cases, notwithstanding the provisions of this section, payment of the fee for a residential development project shall not be required prior to the date of the final inspection or the date the certificate of occupancy is issued for the first dwelling in the development, whichever occurs first. In such cases, execution of an agreement to pay the required fee or applicable portion thereof within the time specified herein shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the payment of the fee and shall be enforceable as provided in Government Code Section 66007.
E. The following shall be exempt from the provisions of this section:
1. Additions or modifications to existing residential units; provided, that such additions or modifications do not increase the number of households that can be housed in such residential units.
F. All library facilities and technology fees received by the City shall be deposited in a special library capital facilities fund and expended solely for the purposes for which the fee was collected. A separate library capital facilities fund account shall be established by the City. All interest income earned shall be credited to the account and shall be used solely for the purposes for which the fee was collected.
G. The City Manager or designee may accept substitute consideration in lieu of the library facilities fee required pursuant to this section, provided the City Manager or his or her designee finds that the proposed substitute consideration:
1. Has a value equal to or greater than the applicable library facilities fee otherwise due;
2. Is in a form acceptable to the City Manager or designee; and
3. Is within the scope of the applicable library facilities project.
H. The City Manager or designee may accept substitute consideration in lieu of a portion of the library facilities mitigation fee required pursuant to this chapter where the City Manager or designee finds that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the City and is within the scope of the applicable library facilities project. Such substitute consideration may be accepted by the City only after payment of an amount equal to the difference between the value of the substitute consideration, as solely determined by the City Manager or designee, and the amount of the otherwise required fee.
I. The provision referenced in subsection (H) of this section shall not prevent the execution of a reimbursement agreement between the City and a developer for that portion of the cost of library facilities paid by the developer which exceeds the need for the library facilities attributable to and reasonably related to the development.
J. This section is intended to establish an alternative method for the financing of public library facilities, the need for which is generated directly or indirectly by a residential development project or projects. The provisions of this section shall not be construed to limit the power of the City to utilize any other method for accomplishing this purpose but shall be in addition to any other fees or requirements which the City is authorized to impose as a condition to approving new development pursuant to State and local laws. (Ord. 00-3, 10/26/99; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)
16.21.210 Traffic Signal Timing.
A developer, as a condition of issuance of a building occupancy permit, shall update the traffic signal timing at all signalized locations determined by the City to experience significant changes in vehicular volumes and/or travel patterns due to said project. At the discretion of the City, in lieu of updating the traffic signal timing, the developer shall pay a fee in accordance with the City’s current fee schedule established by the City Council. Such fee shall be separate and apart from any other fee collected or imposed by any other City ordinance or regulation. (Ord. 05-19 § 2, 12/13/05)