Chapter 16.24
DESIGN STANDARDS

Sections:

16.24.010    Compliance required.

16.24.020    Curved-frontage lots--Flag lots.

16.24.030    Minimum depth.

16.24.040    Public access to natural resources.

16.24.050    Grading--Trees.

16.24.060    Streets and highways.

16.24.070    Bicycle paths--Pedestrian ways.

16.24.080    Utility easements.

16.24.090    Dedications--Nonexclusive access.

16.24.100    Reservations for public uses.

16.24.105    Provisions of parks or recreational facilities of the payment of in-lieu fees for subdivisions--Establishes in-lieu fee amounts.

16.24.110    Street lighting.

16.24.120    Fire protection devices.

16.24.130    Street and storm drains.

16.24.140    Sewerage.

16.24.150    Water improvements.

16.24.160    Improvement installation.

16.24.170    Plan-checking and inspection fees.

16.24.180    Improvement conveyances and agreements.

16.24.010 Compliance required.

To ensure that proposed subdivisions are developed in the best interest of the city, land subdivided under the provisions of this title shall conform to the design standards of this title and to any standards and specifications for construction and materials adopted by the city council. (Ord. 250 §7.01, 1981)

16.24.020 Curved-frontage lots--Flag lots.

Lots an a curved street or the rounded end of a cul-de-sac shall provide the minimum frontage at the required setback line. Flag lots will not be permitted. (Ord. 250 §7.02, 1981)

16.24.030 Minimum depth.

A.    The minimum depth of a lot shall be not less than one hundred feet.

B.    The depth of a lot shall not exceed three times its width when the lot has a width of less than two hundred fifty feet except:

1.    In areas planned on the general plan for permanent agricultural, recreation, commercial and industrial use;

2.    Where the full depth of the lot will not be buildable due to unusual topography such as the existence of steep slopes, floodplains and bodies of water;

3.    Where the full depth of the lot will not be buildable due to the existence of dedicated easements;

4.    When a future street pattern in accordance with the general plan provides for further divisions which will eliminate excessive depth-to-width ratios;

5.    When relieved of any requirements by the city council. (Ord. 250 §7.03, 1981)

16.24.040 Public access to natural resources.

All subdivisions adjacent to public natural resources, including any stream or reservoir owned in part or wholly by any public agency, shall be designed to provide reasonable public access to those resources as required by the Subdivision Map Act, Chapter 4, Article 3.5; Government Code Section 66478.1 et seq. (Ord. 250 §7.05, 1981)

16.24.050 Grading--Trees.

All subdivisions shall be designed so that grading incidental to the construction in the subdivision complies with the requirements of the city ordinances or resolutions regulating the grading of land in the city. Existing trees will be preserved where practical. Street trees of an approved type shall be planted when required by the planning commission. (Ord. 205 §7.06, 1981)

16.24.060 Streets and highways.

A.    Highways and Arterials. If the circulation element of the general plan shows any highway or arterial so located that any portion thereof lies within the proposed subdivision, such portion shall be improved, dedicated and shown as such within the subdivision.

B.    Location, Width and Alignment. The location, width and alignment of streets shall conform to the general plan and be arranged to produce the most advantageous development of the area in which the subdivision lies. Horizontal and vertical alignment shall be in accordance with improvement standards approved by the city council.

C.    Access to Abutting Arterials. Where a subdivision abuts on arterials, the access rights may be dedicated to the city except in those instances where the planning commission determines that some access is desirable.

D.    Access to Minor and Collector Streets. On minor and collector streets dedication of access rights may be required where lots are served by more than one street.

E.    Adjoining Unsubdivided Land. Where a subdivision adjoins unsubdivided land, adequate or necessary street and utilities dedications in the subdivision shall be extended to the adjacent unsubdivided land to provide access in the event of its future subdivision, and in a manner to provide the most advantageous development of the street pattern in the area.

F.    Cul-de-sac. A cul-de-sac in a residential subdivision shall not exceed six hundred feet in length and not serve more than twenty dwelling units. Streets temporarily dead-ended at a property line, but planned for future extension shall be provided a temporary cul-de-sac.

G.    Right-of-way. Normally a minimum sixty-foot street right-of-way shall be required. A minimum fifty-foot street right-of-way may be permitted for local access streets, a short through street, or unusual situation where a cul-de-sac is appropriate. In an industrial area a minimum sixty-foot right-of-way is required.

H.    Access to Each Parcel. Each parcel of land to be used for residential purposes shall have an approved access to a maintained public street or highway. Approved access shall be any encroachment that is in compliance with city ordinances or, in the case of a state highway, complies with all provisions established by the Department of Transportation.

I.    Centerlines of Streets. The centerlines of streets which are the extensions of existing streets shall continue the centerlines of the existing streets, as far as practicable, either in the same direction or by adjustment curves.

J.    Intersections. Streets entering upon opposite sides of any given street shall have their centerlines located directly opposite each other as far as practicable, or the centerlines located shall be offset at least one hundred twenty feet for minor residential streets, and at least two hundred feet for all other streets.

K.    Centerline Intersection. The centerlines of streets shall intersect each other at right angles.

L.    Grades and Alignment. The grades and alignment of all streets shall comply with standard design parameters for twenty-five miles per hour. Subdivisions shall be designed for this standard and shall be situated to minimize cut and fills without compromising the twenty-five-mile-per-hour design standard. The city engineer may allow reduced design speeds when special circumstances warrant reduced design standards.

M.    Required Frontage and Improvement. All lots created under the provisions of this title shall front on an improved city street. The planning commission may require substandard streets to be improved to city standard or upgraded to the satisfaction of the city engineer. The planning commission may require off-site access roads to a proposed subdivision to be improved to the city standard for the classification of road specified by the planning commission in accordance with Section 16.24.160. (Ord. 250 §7.07, 1981)

16.24.070 Bicycle paths--Pedestrian ways.

A.    In subdivisions of fifty or more parcels dedication or an irrevocable offer of dedication may be required for such additional land as is necessary to provide for bicycle paths for the use and safety of the residents of the subdivision. The planning commission may require construction of bicycle paths and pedestrian ways.

B.    Pedestrian ways shall have a minimum width of twenty feet and may be required:

1.    Through the middle of blocks over one thousand three hundred feet in length;

2.    To connect dead-end streets; or

3.    To provide access to parks, schools or similar facilities.

C.    All required accesses shall be dedicated to the city. (Ord. 250 §7.08, 1981)

16.24.080 Utility easements.

Easements for storm drainage, sewers or other public utilities may be required. In the event that the subdivision is traversed by any watercourse, channel, lake, stream or creek, the subdivider shall provide rights-of-way or easements for storm drainage purposes either conforming substantially with the lines of such watercourse, channel, lake, stream or creek, or he shall provide necessary rights-of-way or easements for any changes in the channel. The width of the rights-of-way or easements shall be adequate to provide for the necessary maintenance of the channels and incidental structures. (Ord. 250 §7.09, 1981)

16.24.090 Dedications--Nonexclusive access.

Dedication or irrevocable offers of dedication of real property within the subdivision may be required for streets and alleys, including access rights and abutters’ rights, drainage, public utility easements and other public easements. However, where the subdivision creates fewer than five parcels, such dedication may be limited to right-of-way, easements and the construction of reasonable off-site and on-site improvements for the parcels being created. All lands considered for division shall have deeded nonexclusive access. (Ord. 250 §7.10, 1981)

16.24.100 Reservations for public uses.

Areas of real property within the subdivision may be reserved for parks, recreational facilities, fire stations, schools, libraries or other public uses, consistent with the adopted specific plan or adopted general plan, provided:

A.    The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner;

B.    The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible. (Ord. 250 §7.11, 1981)

16.24.105 Provision of parks or recreational facilities of the payment of in-lieu fees for subdivisions--Establishes in-lieu fee amounts.

A.    Authority and Applicability. This section is enacted pursuant to the authority granted by Government Code Section 66477 and the city of Angels general plan.

The provision of this and following sections shall apply to all residential subdivisions as a condition of their approval within the city of Angels.

The provisions of this section shall not apply to any of the following:

1.    Industrial and commercial subdivisions;

2.    Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added;

3.    Resubdivisions; or

4.    Any subdivisions excluded from such requirements by the Subdivision Map Act.

B.    Dedication or Fees Required. The city council shall require either the dedication of land or the payment of fees in lieu of such dedication, or a combination of any of the above, for the purpose of providing park and recreational facilities to serve future residents of the subdivision.

1.    Dedication. The total area required to be dedicated shall be computed by multiplying the number of dwelling units to be included in the development by .0075 acre, up to the limits set forth in Section 66477 of the Subdivision Map Act. As used in this division, "dwelling unit" means a building or a portion thereof, or a mobile home designed for residential occupation by one person or a group of two or more persons living together as a domestic unit; or an undeveloped parcel on which only one residence may be constructed. Parcels on which one duplex or two residences are allowed as permitted or conditional uses shall count as two dwelling units.

2.    Fees In-Lieu. When fees are to be paid in lieu of land dedication, such fees shall be as established in the 2003 City of Angels Impact Fee Study by MAXIMUS, Inc., as follows:

Single-family residential

$937.50 per dwelling unit

Multifamily residential

$787.50 per dwelling unit

Mobile home

$675.00 per dwelling unit

C.    Annual Fee Adjustment. In-lieu fees, including cost recovery fees, shall be adjusted annually based on the California Construction Cost Index (a.k.a. Engineering News Record Building Cost Index). (Ord. 402 §§1, 2, 2003)

16.24.110 Street lighting.

Street lighting shall be provided as set forth in the improvement standards of the city.

A.    A street lighting system shall be furnished in place by the subdivider along all interior and boundary streets within all subdivision, including commercial and industrial subdivisions, in accordance with the standards set forth in the improvement standards of the city.

B.    Street lights and all appurtenances thereto shall be located within the street right-of-way or within easements dedicated for such purpose. Street lights shall be spaced along the street as required for the type of luminaire placed and in accordance with improvement standards of the city. (Ord. 250 §7.12, 1981)

16.24.120 Fire protection devices.

Fire protection devices shall be provided as set forth and shall be approved by the city fire chief.

A.    Fire hydrants, distribution lines and appurtenances to provide adequate fire protection shall be furnished in place by the subdivider.

B.    Fire protection facilities shall be furnished in accordance with the standards of the city and as approved by the fire chief. (Ord. 250 §7.13, 1981)

16.24.130 Street and storm drains.

All street improvements required shall be designed and constructed in accordance with the "City Improvement Standards." Curbs, gutters and sidewalks may be required as a condition of approval of any subdivision or parcel map. (Ord. 250 §7.14, 1981)

16.24.140 Sewerage.

A.    All collection, exporting, treatment and disposal facilities required by the planning commission or local ordinance shall be constructed in accordance with the "City Improvement Standards." City wastewater collection facilities shall be adjacent to and available to all lots created pursuant to this title. The city council may waive sewerage improvement requirements when a specific plan has been approved by the city council that shows the following:

1.    That sewerage improvements can be made at a reasonable cost to future property owners;

2.    That sewerage improvements can be built to city standards and all easements required therefor will be shown on the final map or parcel map;

3.    The waived improvements will not impose an unusual hardship on future property owners.

B.    When sewerage improvements are waived a note shall be placed on the parcel or final map that clearly sets forth the improvements required and that they must be constructed prior to issuance of a certificate of occupancy. The city council shall be the soul judge of the conditions required for waiving improvements. (Ord. 250 §7.15, 1981)

16.24.150 Water improvements.

All distribution or treatment facilities shall be constructed in accordance with city standards and shall be approved by the city engineer. (Ord. 489 §2, 2019: Ord. 250 §7.16, 1981)

16.24.160 Improvement installation.

A.    All required improvements shall be installed to permanent line and grade to the satisfaction of the city engineer. Improvements shall be in accordance with approved engineered plans and specifications. All drainage improvements shall be engineered and be in accordance with an approved drainage plan prepared by a licensed civil engineer. All improvements shall be in accordance with the improvement standards of the city.

B.    When it is apparent that the construction of the improvements in a proposed subdivision will leave contiguous areas of substandard improvement, and which substandard improvement will create a condition detrimental to public safety, health, interest and convenience, then the planning commission may recommend the simultaneous improvement of reasonably contiguous areas consistent with the purpose and intent of this chapter. When such a recommendation is made the city council shall make a specific finding that such improvements will be of public necessity and convenience when the council imposes the requirement.

C.    Where circumstances dictate that the public interest would be better served, improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity or number for the benefit of property not within the subdivision; such improvements shall be dedicated to the public.

1.    In the event of the installation of improvements required by this section, the city may enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.

2.    In order to pay the costs as required by the reimbursement agreement, the city may:

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

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

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

d.    Assess future development benefitting from the improvement an equitable and reasonable fee.

D.    All subdivisions shall be provided with a public sewer and water system as set forth in this title unless specifically exempted by the planning commission. (Ord. 250 §7.17, 1981)

16.24.170 Plan-checking and inspection fees.

Inspection and plan-checking fees shall be established by resolution of the city council.1 (Ord. 250 §7.18, 1981)

16.24.180 Improvement conveyances and agreements.

Conveyances of improvements to the city, agreements for constructing required improvements shall by formal written documents. The format for agreements and conveyances shall be similar to the following sample and shall be subject to city attorney approval.

A.    Parcel map improvement waiver agreement:

PARCEL MAP IMPROVEMENT WAIVER AGREEMENT

THIS AGREEMENT, made and executed this ______ day of _____________, 19___, by and between ____________________, hereinafter referred to as "Subdivider" and

THE CITY OF ANGELS, a political subdivision of the State of California, acting by and through its City Council, hereinafter referred to as "City".

WITNESSETH

SUBDIVIDER desires to subdivide land situated in the City of Angels, County of Calaveras, State of California in accordance with tentative parcel map ____________________, Ordinance No. 250, and

SUBDIVIDER proposes to do and perform that certain work of improvement required as condition of approval of the tentative parcel map outlined as follows:

    _________________________________________________________

    _________________________________________________________

    _________________________________________________________

SUBDIVIDER desires to file final map prior to completion of said required improvements.

SUBDIVIDER declares that he is familiar with the regulations contained in said Ordinance and the Subdivision Map Act (Government Code Sections 66410-66499.37) and agrees to comply therewith.

NOW, THEREFORE in consideration of the approval and acceptance by the city council of the final parcel map SUBDIVIDER agrees as follows:

1.    SUBDIVIDER shall, at his own expense, complete all of the improvements referred to herein on or before the first day of _________________, 19___.

2.    SUBDIVIDER shall complete all improvements in a good and workmanlike manner in accordance with the laws now in force and effect in the city, particularly Ordinance Nos. ________________, the terms and conditions of which are incorporated herein by reference.

3.    SUBDIVIDER shall file with the County surety in accordance with Resolution ________________. The amount of surety shall be ________________ and is based upon the approved engineers estimate attached hereto. Said surety shall guarantee that all improvements and work thereto shall be completed as required herein.

4.    SUBDIVIDER shall pay for inspection cost as required by Resolution ________________.

RELEASE AND INDEMNIFICATION

SUBDIVIDER hereby releases City from all liability for nonperformance and personal injury and agrees to indemnify and save City harmless from and against all claims resulting directly or indirectly from any work performed in accordance with this agreement.

Executed on _____________________, 19___, at Angels Camp, California

    Angels City council

    By _____________________

    Mayor

    "SUBDIVIDER"

     _____________________

     _____________________

     _____________________

APPROVED TO FORM:

_____________________

City Attorney.

APPROVED TO CONTENT:

_____________________

City Engineer

B.    Sample conveyance agreement:

SAMPLE AGREEMENT (CONVEYANCE)

THIS AGREEMENT, made and entered into this ___________ day of _____________, by and between the CITY OF ANGELS, hereinafter referred to as "The City" and ____________________ ________________, hereinafter referred to as "Developer".

RECITALS:

WHEREAS, Developer has prepared, or caused to be prepared, at Developer’s sole cost, expense and responsibility, plans and specifications entitled ____________________ ________________________________________________________, for construction of various improvements and also appurtenances thereto generally described as follows:

WHEREAS, the approved plans and specifications attached hereto and made a part of this Agreement contained in Exhibit "A" meet with the city’s approval; and

WHEREAS, the facilities and lands to be served by said improvements lie within the boundaries of the city and are more particularly described in Exhibit "A"; and

WHEREAS, the Developer desires City to accept said improvements into City’s overall system upon completion; and

WHEREAS, City, subject to the following terms and conditions, is willing to accept said improvements upon completion provided the system is constructed in accordance with the approved plans and specifications and in a manner meeting City’s approval:

NOW, THEREFORE, the parties mutually agree as follows:

ARTICLE 1 - RECITALS: The recitals contained herein are integral part of the Agreement.

ARTICLE 2 - APPROVED PLANS: Attached hereto marked and made a part of this Agreement is one set of approved plans and specifications for construction of __________________.

ARTICLE 3 - CHARGES AND CONNECTION FEES: All parcels served by these improvements, upon application for sewerage service, shall be subject to those charges and fees as established by the City and in effect at the time.

ARTICLE 4 - BEGINNING OF WORK: Developer shall cause construction of the improvements to commence within six months from the date of this Agreement and shall cause completion of work within _________ months from the date of this Agreement.

ARTICLE 5 - CONSTRUCTION: Except as otherwise specified in Article 3 of this Agreement, Developer shall cause the improvements to be constructed by a properly licensed contractor, without expense to City, and City shall not be responsible for any of the cost of said sewerage system or for the performance or nonperformance of the work of construction of said sewerage systems, and the Developer shall hold City free and harmless from any claim or liability resulting from or arising out of the construction work. The Developer is not acting as a contractor, agent, official or representative of City in constructing or providing such improvements or associated facilities or in causing such system and facilities to be installed. This Agreement simply provides for the transfer and assumption of responsibility for such improvements and facilities upon performance of all terms of this Agreement. The approval of the plans and specifications as presented by. Developer shall not be deemed as warranty or guarantee by City of proper design or proper specifications of materials or construction. City specifically relies upon the design and specifications as prepared as being in accordance with the conditions of the geography and as having specific materials and equipment of the highest practicable quality and character.

ARTICLE 6 - NOTIFICATION OF DEVIATIONS OR FAILURES: City agrees to notify Developer in writing as to any deviations or failure in construction of the improvements pursuant to said plans and specification and requirements of said City as soon as any deviation is brought to City’s attention, and Developer shall immediately cause such deviation or failure to be corrected at the sole cost of Developer.

City is not by inspection of the construction or installation of the subject facilities representing Developer or providing a substitute for inspection and control of the work by Developer. Any inspections and observations of the work by City are for the sole purposes of providing notice of the stage and character of the work. The failure of the City to note variances from the plans and specifications for the project does not excuse or exempt Developer from complying with all terms of these plans and specifications

ARTICLE 7 - CONVEYANCE: Upon completion of the system in a manner meeting City’s approval, Developer shall immediately convey said sewerage system and title thereto free and clear from all liens, encumbrances and expense to City by such conveyances and documents as deemed necessary by City, together with the following:

1.    A signed statement offering the improvements for dedication to the City. The statement shall be prepared by Developer and shall read as follows:

DEDICATION

TO:    The City of Angels

_____________________________

Angels Camp, California 95222

I/We hereby offer to convey, transfer and dedicate all right, title and interest in and to that certain sewerage system and appurtenances more particularly described in Exhibit "A" attached to the agreement by and between the City of Angels and     , dated      a copy of which is on file in the City Hall located in Angels Camp, California; to the City of Angels assuring and warranting to said City that the improvements are free and clear of all liens, encumbrances and other expense.

Dated: _______________, 19___

DEVELOPER:

BY _____________________________

    BY _____________________________

2.    One set of 24 inch by 36 inch reproducible "As Built" drawings on Mylar, of the facilities’ construction.

3.    All easements and rights-of-way required by City.

4.    Developer shall furnish a bond or other form of surety meeting City’s approval in an amount of not less than 20% of construction cost of the improvements, protecting the City against any failure of the work due to faulty materials, poor workmanship, or defective equipment within a period of one year after acceptance of the improvement by City (said bond shall name Developer as principal and City as Obligee), upon approving the work in writing, shall accept conveyance of title of said sewerage system and include said system into its overall sewerage system and shall operate, maintain and repair said system.

ARTICLE 8 - APPLICATION FOR SEWERAGE SERVICE: No sewage shall be delivered to or conveyed by or through any sewerage improvements, other than for testing purposes, until said sewerage system improvements are conveyed to City, formally accepted by City and proper applications for sewage service having been filed with City and accepted.

ARTICLE 9 - OBLIGATIONS FOR PIPELINE AND/OR FACILITIES: City shall be under no obligation to provide additional pipelines and/or facilities in order to serve Developer’s project. Upon acceptance of the sewerage system by City, it shall become the sole property of City and shall be used and operated at City’s sole discretion.

ARTICLE 10 - RULES AND REGULATIONS: Upon the system being accepted by City, Developer together with his heirs, successors and assigns, shall be subject to and shall comply with all of the rules and regulations of City and shall pay the fees, rates, tolls and charges and standby charges as may be levied and/or established by The City Council from time to time.

ARTICLE 11 - ASSIGNMENT: No transfer or assignment may be made by Developer of this Agreement of any part or interest of law, unless such transfer or assignment is approved in writing by the City. In the event of such transfer or assignment, City may at its sole option and in addition to any other remedy that it may have, elect to terminate this Agreement.

ARTICLE 12 - TERMINATION: This Agreement shall terminate and be of no further force and effect at City’s discretion if City determines that construction of the improvements have not commenced within six (6) months from the date of this Agreement.

ARTICLE 13 - NOTICES: The mailing address of City and Applicant for purposes of giving any notice required pursuant to this agreement are as follows:

CITY:

    ________________________________

    ________________________________

    ________________________________

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

CITY OF ANGELS:

BY          ____________________________

Mayor

BY          ____________________________

City Clerk

DEVELOPER:

BY     _____________________________

________________________________

    Title

(Ord. 250 §7.19, 1981)


1

For provisions on fees, see Ch. 15.16 of this code.