Title 17
SUBDIVISIONS
Chapters:
17.04
General Provisions
17.08
Definitions
17.12
Design Standards
17.16
Standard Subdivision--Tentative Maps
17.20
Standard Subdivision--Final Maps
17.24
Minor Subdivisions
17.25
Merger of Contiguous Parcels
17.26
17.28
Penalty
17.32
Land Dedications/payment of Fees
17.36
Water-Efficient Landscaping
Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.010 Purpose.
17.04.020 Title.
17.04.030 Compliance
required.
17.04.040
Determination of procedure.
17.04.050 Exemptions.
17.04.060 Limitation on
effect of chapter.
17.04.070 Fees to be set by
resolution.
17.04.010 Purpose. For the
purposes of promoting the public health, safety, convenience and general
welfare, the design, improvement and survey data of subdivisions and the form
and content of tentative, record of survey and final maps thereof, shall be
governed by the provisions of the Subdivision Map Act and the Land Surveyors
Act, now embodied in Chapters 1 through 7, Division 2, Part 7 of the Government
Code of the state, adopted by legislature of the state, and by the additional
provisions of this title.
17.04.020 Title. The ordinance
codified in this title shall be known as the subdivision ordinance of the city.
17.04.030 Compliance required.
No building shall be constructed nor shall a permit for the construction of a
building be issued, nor shall any land to he used or a zoning permit be issued
on any parcel not conforming to this title.
17.04.040 Determination of
procedure. Whether the standard subdivision, or minor subdivision or record
of survey procedure shall be used in subdividing property shall be determined
as follows:
A. For any subdivision of
land into four or fewer lots or parcels, the minor subdivision procedure shall
be used.
B. For any subdivision of
land into five or more lots or parcels, the standard subdivision
procedure shall he used.
C. In all cases above where
this title makes no requirement for the filing of maps, approvals of making
improvements, the owner of any property may file a record of survey map if he
chooses to do so pursuant to Chapter 15 of the Surveyors Act.
17.04.050 Exemptions. This
title shall not apply to any parcel not conforming to the provisions of this
title for which a deed is of record or for which a contract of sale is
in full force and effect, recorded prior to the effective date of the ordinance
codified in this title, nor to any land dedicated for cemetery purposes under
the Health and Safety Code of the state.
17.04.060 Limitation on effect of
chapter. Nothing contained in this title shall prevent any owner from
processing a division of land as a subdivision.
17.04.070 Fees to be set by
resolution. The city council shall, by resolution, set fees from time to
time for the processing and review of application, maps and other proceedings
under Title 17 of this code. Such fees shall include sums to be paid to any
consultant retained by city and approved by the city council.
Chapter
17.08
DEFINITIONS
Sections:
17.08.010 Alley.
17.08.020 City council.
17.08.050 Design.
17.08.060 Easement.
17.08.070 Final map.
17.08.080 Improvements.
17.08.090
17.08.100 Owner.
17.08.110 Record of survey
subdivision.
17.08.120 Standard
subdivision.
17.08.140 Subdivider.
17.08.150 Subdivision.
17.08.160 Tentative map.
17.08.010 Alley. For the
purpose of this title, “alley” means a public or private thoroughfare which affords
only a secondary means of access to abutting property.
17.08.020 City council. For
the purpose of this title, “city council” means the city council of the city of
17.08.050 Design. For the
purpose of this title, “design” refers to street alignment, grades and widths;
alignments and widths of easements and rights—of—way for utilities, drainage
and sanitary sewers; and minimum lot area and width.
17.08.060 Easement. For the
purpose of this title, “easement” means an easement dedicated to the city, for
public utility or other public uses, which shall be continuing and irrevocable
unless formally abandoned by the city.
17.08.070 Final map. For the
purpose of this title “final map” refers to a map, prepared in accordance with
this title, which is designed to be placed on record with the
17.08.080 Improvement. For the
purpose of this title, “improvement” refers to such street work, drainage needs
and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private
streets, highways, ways and easements, as are necessary for the general use of
lot owners in the subdivision and the surrounding area, a condition precedent
to approval and acceptance of the final map.
17.08.090
17.08.100 Owner. For the
purpose of this title, “owner” means the individual, firm, partnership or
corporation having sufficient proprietary interest in the land sought to be
subdivided to commence and maintain proceedings to subdivide the same under
this title.
17.08.110 Record of survey
subdivision. For the purpose of this title, “record of survey subdivision”
means any subdivision prepared, filed and approved in accordance with state law
and Chapter 17.24.
17.08.120 standard subdivision.
For the purpose of this title, “standard subdivision” means any map prepared,
filed and approved in accordance with state law and Chapters 17.16 and 17.20.
17.08.140 Subdivider.
For the purpose of this: title, “subdivider” means a
person, firm, corporation, partnership or association who causes land to be
subdivided into a subdivision for himself or others.
17.08.150 Subdivision. For the purpose of this
title, “subdivision” means any real property, improved or unimproved, or
portion thereof, shown on the latest adopted county tax roll as a unit or as
contiguous units, which is divided for the purpose of sale or lease, whether
immediate or future, by any person, firm or corporation, or their assigns,
within any period. The following, however, are not subdivisions within the
meaning of this title:
A. The leasing of stores,
offices, apartments or similar space within buildings or spaces within a
trailer park.
B. Mineral, oil or gas
leases; cemeteries.
17.08.160 Tentative map. For the
purpose of this title, “tentative map” means any map made for the purpose of
showing the design of a proposed subdivision or record of survey showing the
existing conditions in and around it, prepared as required in this title.
Chapter 17.12
DESIGN STANDARDS
Sections:
17.12.010
Generally.
17.12.020
Minimum lot area and width.
17.12.030
Block Length.
17.12.040
Improved walkways.
17.12.050
Easements.
17.12.060
Watercourses.
17.12.070
Monuments.
17.12.080
Lots——Numbered consecutively.
17.12.090
Lots——Not to be divided by city boundary line.
17.12.100
Streets—-Continuance of existing orincipal streets.
17.12.110
Streets—Stubs.
17.12.120
Streets-—Right-angle intersections.
17.12.140
Reserve strips.
17.12.150
Alleys.
17.12.160
Streets-—Cul-de—sac.
17.12.170
Street names——Submittal.
17.12.180
Street names——Sign installation.
17.12.190
Offer of streets, rights—of—way and easements for dedication.
17.12.200
Streets——Conformance with master plan.
17.12.210
Streets——Curve radius.
17.12.220
Streets——Grades.
17.12.230
Streets——Design to conform to certain standards.
17.12.240
Streets——Slope easements.
17.12.250
Right—of—way width——Alleys in commercial areas.
17.12.260
Right—of—way width——Curb, gutter and sidewalk easements.
17.12.270
Improvements——Conformance with engineering standards.
17.12.280
Improvements——Required.
17.12.290
Improvements——May be required.
17.12.300
Improvements-—Plan approval and inspection of work——Fees.
17.12.310
Variance.
17.12.010 Generally.
Subdivision design and improvements shall be required as set forth in this
chapter.
17.12.020 Minimum lot area and
width. Minimum lot area and width shall be as set forth in the following
table unless a greater lot size or width is stipulated in this title. Where the
lot size is reduced through the use of Section 17.12.310, this table shall
serve as the criterion for gross lot density requirements:
Grading: Following
portion of the ground
Lot Size** surface shall remain
Topography
of Min. Min. Min.
in its natural state
Area** Area Width* Depth
(no cut or fill):**
Flat — 0—10%
Cross
Slope 6,000 60’ 90’ 0%
Cross Slope
8,000 80’ 120’ 15%
Steep
25% Cross Slop
10,000 90’ 130’ 30%
Very Steep
25% Cross Slope
20,000 120’ 150’ 60%
Bugged — Above
35%
Cross Slope
1 acre 150’ 200’ 80%
*Width at front property
line may be reduced by one— third where the frontage abuts the outside of any
sharp curve and by one—half on panhandle development where topography exceeds
fifteen percent cross slope and not more than one lot is served by the
panhandle. “Sharp curve” means a centerline radius of less than one hundred feet.
**Interpolation is
permitted.
17.12.030 Block length. Blocks
shall not be longer than one thousand feet between intersecting street lines
nor less than three hundred feet, unless in a cul-de-sac.
17.12.040 Improved walkways.
Improved walkways not less than ten feet in width may be required through
blocks more than nine hundred feet in length and through other blocks where
necessary to provide access to schools and parks.
17.12.050 Easements. Easements
not less than ten feet wide shall be required at the side of all lots and ten
feet wide at the rear of all lots where necessary for public utility facilities
and drainage and water mains. Where lots are side—to—side or back—to—back, the
easement may be split between lots.
17.12.060 Watercourses.
Watercourses shall be shown as easements, and storm drains shall be placed in
easements. The planning commission or city engineer may require watercourses to
be placed entirely in underground conduits or adequately fenced or otherwise
improved.
17.12.070 Monuments. Durable
metal monuments shall be installed or referenced to the following locations:
A. At all angle points and
points of curvature and at no greater interval than five hundred feet on long
tangents of the boundaries of the tract and blocks, by one and one—half inch
diameter and a minimum of twenty—four inches long iron pipes, properly tagged,
top eighteen inches underground with two inch by three inch redwood posts
property tagged on top;
B. At all lot corners not
falling on the above locations, by a three—quarter inch diameter by twenty—four
inch long pipe or larger size, properly tagged, top at finish grade or slightly
below grade;
C. At all intersections and
points of tangency in the centerline of streets, by permanent monuments
consisting of a six inch diameter by at least thirty inches long concrete
cylinder properly tagged, top twelve inches below finish grade and protected by
standard cast—iron ring and cover set on concrete collar, top of said ring and
cover at center line street grade.
17.12.080 Lots——Numbered
consecutively. All lots shall be numbered consecutively throughout the
subdivision.
17.12.090 Lots——Not to be divided
by city boundary line. No lot shall be divided by a city boundary line.
17.12.100 Streets—-Continuance of
existing principal streets. Existing principal streets shall be continued, as
required by the planning commission.
17.12.110 Streets--Stubs.
Street stubs shall be required to adjacent unsubdivided
property where, in the opinion of the planning commission, they are necessary.
17.12.120 Streets-—Right-angle
intersections. Streets shall intersect at as near right angles as is
practicable. Radius of curvature, where the property lines intersect, shall be
a minimum of ten feet.
17.12.140 Reserve strips.
Reserve strips, where required to control access over certain lot lines or over
the ends of street stubs, shall be dedicated to the city by indicating them on
the map and in dedication certificate.
17.12.150 Alleys. A. Alleys
shall have a minimum width of twenty feet and shall be constructed in
commercial, multiple—family areas and where necessary to control vehicular
access.
B. Where two alleys
intersect, a triangle corner cutoff of not less than ten feet shall be
required.
C. Where an alley ends in a
dead end, an adequate turning area shall be required.
17.12.160 Streets-—Cul-de—sac. Cul—de—sac
streets shall have the following limiting dimensions:
A. The maximum length shall
be five hundred feet.
B. The minimum radius to the
property line shall be:
1. Forty feet where the right-of-way widths
is forty feet or less;
2. Fifty feet on all other streets.
C. The minimum radius to the
curb shall be:
1. Thirty feet in hillside areas;
2. Forty feet in flat areas.
17.12.170 Street names——Submittal.
Names for proposed new streets shall be submitted on the tentative map for
approval by city.
17.12.180 Street names——Sign
installation. Standard street name signs shall be installed by the subdivider in locations approved by the planning
commission.
17.12.190 Offer of streets,
rights—of—way and easements for dedication. Streets, rights—of—way and
easements in any standard subdivision or record of survey subdivision shall be
offered for dedication. The city may, at its option, accept or reject any such
offer.
17.12.200 Streets——Conformance
with master plan. Streets shall conform, as to alignment and width to any
official master plan for streets and highways of the city.
17.12.210 Streets——Curve radius.
Minimum centerline radius on streets shall be as follows:
A. Major streets, five
hundred feet.
B. Secondary streets, two
hundred fifty feet.
C. Minor streets,
seventy—five feet.
17.12.220 Streets——Grades.
Grades shall be as follows:
A. Maximum permitted shall
be fifteen percent.
B. Minimum permitted shall
be 0.3 percent.
C. Maximum grade permitted on curves with a radius of less than two hundred feet shall not exceed five percent.
17.12.230 Streets——Design to
conform to certain standards. Street design shall conform to the
engineering standards of the city and to the requirements set in Sections
17.12.240 through 17.21.260.
17.12.240 Streets——Slope easements.
Where side slopes of street embankments extend onto private property, slope
easements shall be required.
17.12.250 Right—of—way
width——Alleys in commercial areas. Minimum right—of—way width for alleys in
commercial areas shall be twenty feet with twenty feet paving.
17.12.260 Right—of—way
width——Curb, gutter and sidewalk easements. Right—of—way widths and curb,
gutter and sidewalk easements shall be as provided below:
A. Flat Areas. For flat
areas, with a cross slope of zero to fifteen percent:
Type of Street,
and Adjacent Cross Section for
Land Use below 10,000 sq. ft. walk Requirements
Local residential Integral curb,
gutter
and sidewalk required
Local
commercial industrial Integral curb, gutter
and sidewalk required
Secondary residential Integral curb,
gutter
and sidewalk required
Secondary commercial
industrial Integral
curb, gutter
and sidewalk required
Major residential Integral curb,
gutter
and sidewalk required
Major commercial
industrial Integral
curb, gutter
and sidewalk required
B. Hillside Areas. For
hillside areas, with a cross slope of fifteen percent and above, and with the
right—of—way to contain slope:
Type of Street,
and Adjacent Cross Section for
Land Use below 10,000 sq. ft. walk Requirements
Minor
Residential Graded area required
Minor Commercial
Industrial Integral
curb, gutter
and sidewalk
Collector Residential Integral curb,
gutter
and
sidewalk
Collector Commercial,
Industrial Integral
curb, gutter
and sidewalk
Residential, Single
side “V”
concrete gutters 3’
Access Street graded
area one side
Major, Secondary
All Areas
17.12.270 Improvements——Conformance
with engineering standards. All improvements shall conform to the
engineering standards of the city as adopted by the city council. Any deviation
shall be only with the written approval of the city engineer.
17.12.280 Improvements——Required.
Improvements to be installed by each subdivider shall
include the following:
A. Curb, gutter and sidewalk
(or parking sidewalk where required)
B. Water lines and services
to serve each lot, including a meter box;
C. Fire hydrants;
D. Sanitary sewers and
laterals to serve each lot;
E. Storm sewers, drains;
F. Slope planting, silt
basins or other forms of erosion control;
G. Paved streets;
I. Street trees;
J. Street signs.
17.12.290 Improvements——May be
required. The following off—site improvements may be required:
A. The development of a
domestic water supply, including storage facilities, or financial contributions
for the improvement of any existing source of supply and the construction of
transmission lines from that supply to the proposed development to the extent
of the load added by the proposed development;
B. The development of sewage
disposal facilities or financial contributions for the improvement of any
existing sewage disposal systems and the construction of transmission lines
from the proposed improvements to the site of disposal to the extent of the
load added by the proposed development;
C. All necessary facilities
for the transmission of stormwater from the proposed
improvement to the nearest major and adequate storm drainage channel or
facility;
D. Properly graded, drained
and paved access roads;
E. The extension of other
utilities, except those normally installed by public utilities serving the area
under rules and regulations filed with the public utilities commission of the
state.
17.12.300 Improvements-—Plan
approval and inspection of work——Fees. In addition to all other
requirements in this chapter:
A. Improvement work shall
not be commenced until improvement plans for such work have been submitted to
and approved by the city engineer and city council, and an appropriate agreement
signed and undertaking provided, as required by this title and by the laws of
the state.
B. All improvements shall be
constructed under the inspection of, and to the satisfaction of, the
city engineer.
C.
The cost of reviewing and checking the improvement plans shall be borne by the subdivider, and payment shall be accomplished as
hereinafter set forth. At or prior to the submittal to the city of the
improvement plans for review and checking, the subdivider
shall deposit with the city the sum of sixty dollars for each lot in the
subdivision. The sum so deposited shall hereinafter be referred to as the plan
check fee deposit. The plan check fee deposit shall be utilized to reimburse
the city for all direct, indirect and overhead costs and expenses incurred in
connection with the review and checking of the improvement plans so submitted,
including costs and expenses arising from the use of city staff and personnel
as well as the costs and expenses arising from employment of engineers,
consultants, or other persons who are not city personnel. In the event that the
plan check fee deposit shall not be sufficient to cover all said direct or
indirect costs and expenses, then, upon written demand made upon the subdivider by the city, the subdivider
shall forthwith pay to the city such additional sums as may be necessary for
complete reimbursement. In the event that the plan check fee deposit shall
exceed the amount necessary to reimburse the city for such direct and indirect
costs and expenses, then, upon completion of the subdivision and complete
performance by the subdivider of all of subdivider’s obligations pursuant to this title and
pursuant to the laws of the state, the city shall refund to the subdivider any such excess.
D.
The cost of inspection of the improvements shall be borne by the subdivider, and payment shall be accomplished as
hereinafter set forth. Prior to the time for inspection of the improvements,
the subdivider shall deposit with the city a sum of
money which shall be in the amount of two and one—half percent of the estimated
construction costs of the improvements to be dedicated as established by a
preliminary cost estimate approved by the city engineer. The sum so deposited
shall hereinafter be referred to as the inspection deposit. The inspection
deposit shall be utilized to reimburse the city for all direct, indirect and
overhead costs and expenses incurred in connection with the inspection of the
improvements, including costs and expenses arising from the use of city staff
and personnel, as well as costs and expenses arising from employment of
engineers, consultants or other persons who are not city personnel. In the
event that the inspection deposit shall not be sufficient to cover all said
direct or indirect costs and expenses, then, upon written demand made upon the subdivider by the city, the subdivider
shall forthwith pay to the city such additional sums as may be necessary for
complete reimbursement. In the event that the inspection deposit shall exceed
the amount necessary to reimburse the city for such direct and indirect costs
and expenses, then, upon completion of the subdivision and complete performance
by the subdivider of all of subdivider’s
obligations pursuant to this title and pursuant to the laws of the state the
city shall refund to the subdivider any such excess.
17.12.310 Variance. A.
Variances Based On Hardship. It is realized that there are certain parcels of
land of such dimension, subject to such title restrictions, so affected by
physical conditions and/or devoted to such use that it is impossible for the subdivider to conform to all of the rules of this chapter
when subdividing property.
The planning commission may
recommend to the city council the granting of a variance from the requirements
of this chapter when all of the following conditions are found to apply:
1. That any variance granted shall be subject
to such conditions as will assure that the adjustment thereby authorized shall
not constitute a grant of special privilege inconsistent with the limitations
upon other properties in the same vicinity;
2. That, because of special circumstances
applicable to the subject property, including size, shape, topography, location
or surroundings, the strict literal application of this title is found to
deprive subject property of privileges enjoyed by other properties in the
vicinity;
3. That, under the circumstances of this
particular case, the variance, rather than the sections at issue in this title,
actually carries out the spirit and intent of this title.
B. Exception Based on
Improved Design. The standards required by this chapter may be varied when
gross density of an area remains the same, and where, in the opinion of the
planning commission (or on appeal the city council), said exception will:
1. Reduce the area and unsightliness of cut
and fill banks;
2. Reduce the danger of erosion;
3. Create better community environment
through dedication of public areas, rearrangement of lot sizes, reforestation
of barren areas;
4. Use other techniques which will produce a
more desirable and liveable community than the
minimum requirements in this chapter.
As an incentive to creating
better overall communities the planning commission may recommend exceptions of
up to twenty percent reduction in lot size but with no increase in density in
the overall development. Said planning commission may authorize similar
deviations from other standards of this chapter where said deviations are for
the purposes outlined above.
Before
any variance based on improved design is recommended it shall be passed by not
less than a two—thirds vote of the total membership of the planning commission,
upon a finding that the variance, as recommended, will result in a community
which is a substantial improvement over the community which could have been
developed by following the actual requirements of this chapter.
Chapter 17.16
STANDARD SUBDIVISIONS--TENTATIVE MAPS
Sections:
17.16.010 Application of
provisions.
17.16.020 Contents.
17.16.030 Completion.
17.16.040 Filing.
17.16.050 Approval by
certain departments.
17.16.060 Planning
commission action.
17.16.070 Council action.
17.16.010 Application of
provisions. The procedure in this chapter shall apply to all subdivisions,
parts of subdivisions and divisions of land defined as a subdivision by Article
2, Chapter 1 of Division 2, Part 7 of the Government Code of the state.
17.16.020 Contents. The
initial action in connection with the making of a subdivision shall be the preparation
of a tentative map or maps, which shall comply with Chapter 17.12 as to design,
and shall show or be accompanied by the following data:
A. A sketch indicating the
location of the proposed subdivision in relation to the surrounding area or
region, and showing land use in the surrounding area;
B. The name and address of
the record owner and subdivider;
C. The name and address of
the surveyor or engineer who prepared said tentative map, if any;
D. Date, north point and
scale; minimum scale shall be one inch equals one hundred feet;
E. The names of all adjacent
subdivisions; location, names and width of adjacent streets, highways, alleys
and ways, together with the type and location of street-improvements thereon;
F. The contour of the land
at intervals of not more than one foot if the general slope of the land is less
than five percent, or of not more than two feet if the slope is between five
and ten percent, or of not more than five feet if the general slope of the land
is greater than ten percent;
G. Sufficient data to define
the boundaries of the tract, or a legal description of the tract and opaque red
border on the reverse side of the map to indicate tract boundaries;
H. The width, approximate
locations and purpose of all existing and proposed easements, together with all
building and use restrictions applicable thereto;
I. The width and approximate
grade of all streets, highways, alleys and other rights—of—way proposed for
dedication or not;
J. The approximate radii of
all curves;
K. The approximate
dimensions of all lots;
L. The approximate locations
of areas subject to inundation by stormwater overflow
and the location, width and direction of flow of all watercourses, existing and
proposed;
M. The location and outline
to scale of each building or structure within the subdivision, noting thereon
whether or not such building or structure is to be removed from or remain in
the development of the subdivision, and its future use;
N. The location and
approximate elevation of sewer manhole inverts;
O. The approximate elevation
at street intersections;
P. The proposed location of
street lights;
Q. The location, pipe size
and approximate grades of proposed sewers, water pipe and underground storm
drains, including the proposed location of fire plugs;
R. The location of existing
wells, cesspools, sewers, culverts, drain pipes, underground structures or
sand, gravel or other excavation within two hundred feet of any portion of the
subdivision, noting thereon whether they are to be abandoned or used;
S. Statements by the subdivider as follows:
1. A statement as to zoning provisions, if
any, and as to proposed use of property,
2. A statement as to intention of subdivider in regard to slope planting, erosion control and
improvements to be constructed by him, as required in chapter 17.12,
3. A statement as to front line setbacks and
building lines,
4. The proposed source of water supply and
sewage disposal, indicating whether or not Sections 17.12.270 through 17.12.300
can be complied with,
5. The type of tree planting proposed,
6. The proposed public areas to be dedicated,
7. A statement as to development of lots,
whether for sale as lots or fully developed house and lot;
T. A copy of any condition,
restrictive reservation or covenant existing or proposed shall be attached to
the statement.
17.16.030 Completion. A
tentative map shall be Considered complete for the consideration of the city
planning commission when maps or sketches have been submitted eighteen by
twenty—six inches in size or larger, drawn to scale of sufficient size to show
all details of the plan clearly, and indicating or accompanied by the data
required in Section 17.16.020. If the tract is a portion of a larger area which
may be subdivided later, the tentative map should roughly indicate the ultimate
plan for the whole.
17.16.040 Filing. Ten copies
of a tentative map and statement of the proposed subdivision of any land shall
be presented to the secretary of the planning commission at least fifteen days
prior to the commission meeting, at which the map will be formally filed,
together with a fee of thirty dollars, plus one dollar per lot, to cover the
cost of checking.
17.16.050 Approval by certain
departments. The planning commission secretary shall immediately transmit
copies of the tentative map to the city engineer, planning department, fire
department, public health officer and public utilities serving the area, and
the flood—control department and Division of Highways, if affected, and may
transmit copies thereof to other departments and agencies as he deems
advisable.
Upon receipt of a copy of
the tentative map, each office or department to which the same has been
transmitted shall examine the map to ascertain if it conforms to the
requirements coming within the authority of such department; and, within
fifteen days after receipt thereof, each department shall, and each public
utility may, make a written report thereon to the planning commission.
17.16.060 Planning commission
action. A. Actual filing of the map shall be deemed to be at the next
regular meeting following its presentation to the city as provided in Section
17.16.040.
B. The planning commission
shall act on any tentative map within forty days of the date of filing, unless
this time period is extended in writing by mutual consent of the subdivider and the planning commission. Failure of the
planning commission to act within the time limit prescribed shall be deemed
recommended approval of the tentative map.
C.
The planning commission shall determine whether a tentative map is in
conformity with the provisions of law and of this title, and upon that basis
shall recommend to the city council approval, conditional approval or
disapproval of said map. Such action shall be reported directly to the subdivider and also to the city council, along with a copy
of the tentative map and a record of action of the commission thereon.
D. The planning commission may recommend disapproval of a tentative map because of flood and inundation hazards and recommend protective improvements to be constructed as a condition precedent to approval of the map. A copy of the map and record of the action of the planning commission shall be forwarded to the city council.
17.16.070 Council action. The
city council, within forty—five days of receiving the tentative map and
planning commission recommendation concerning said map, shall approve,
conditionally approve or disapprove the map. The time limit for council
action may be extended in writing by mutual consent of the subdivider
and the city council.
Chapter 17.20
STANDARD SUBDIVISIONS--FINAL MAPS
Sections:
17.20.010 Improvement plans.
17.20.020 Time limit.
17.20.030 Form.
17.20.040 Contents.
17.20.050 Additional
material——Bond.
17.20.060 Completion.
17.20.070 Filing.
17.20.080 Approval by
certain departments.
17.20.090 council action.
17.20.100 Recording.
17.20.010 Improvement plans.
After the approval by the planning commission of the tentative map of any subdivision,
the subdivider shall furnish the following
information to the city engineer and shall receive authorization of the city
council and city engineer before starting construction or preparing the final
map:
A. Typical cross—sections
and final finished grades of all lots, roads, streets and highways in the
proposed new subdivision, together with a profile showing the relationship
between finish grades and existing property line grades;
B. Complete plans and
specifications, including elevations and grades, for any pipe culverts,
drainage ways or structures necessary for drainage, erosion or public safety;
C. Estimated costs of
improvements to be dedicated to the city or other public agency; the estimated
cost shall include ten percent contingency;
D. Any other pertinent information required by the conditional approval of the planning commission or by the city council, city administrator or city engineer.
17.20.020 Time limit. A.
Within one year after approval or conditional approval of the tentative map or
maps, the subdivider may cause the subdivision, or
any part thereof, to be surveyed and a final map to be prepared in accordance
with the tentative map, as approved or conditionally approved. Streets and
easements needed for access to any such part shall be provided on or with the
final map.
B. Upon application of the subdivider an extension of not exceeding one year may be
granted by the city council.
C. Any failure to record a
final map within one year from the approval or conditional approval of the
tentative map, or any extension thereof granted by the governing body, shall
terminate all proceedings. Before a final map may thereafter be recorded, a new
tentative map shall be submitted.
17.20.030 Form. A. The final
plan or map shall be made to a scale large enough to show the details clearly,
a minimum of one hundred feet to the inch or larger, using more than one sheet
if necessary to furnish the desired space. The original shall be drawn in
opaque black ink upon tracing cloth of good quality and the size of the sheets
shall be eighteen inches by twenty—six inches.
B. Each sheet shall be
numbered, the relation of one sheet to another clearly shown, and the number of
sheets used in the map shall be set forth in the title of the map. If more than
one sheet is necessary, an index map shall be required.
C. The title of each such
final map shall consist of a tract number and name, if any, conspicuously
placed at the lower right corner followed by the words, “consisting of
___________ sheets” (showing the number thereof) followed by the words, “Lying
within the City of Weed.”
D. The title sheet shall
also contain a subtitle giving a general description of the property being
subdivided by reference to maps which have been previously recorded or by
reference to the plat of any U.S. survey. Each reference in such description to
any tract or subdivision shall be spelled out and worded identically with the
original record thereof and references to book and page of record must be
complete.
17.20.040 Contents. The final
map shall show the following:
A. Boundaries and Streets.
The exterior boundaries of the property, shown in red; the border lines and
center lines of all proposed streets and alleys with their widths and names;
any other portions intended to be dedicated to the public use; in case of
branching streets, the line of departure from one street to another shall be
indicated;
B. Adjacent Streets. The
lines of all adjoining properties; the lines of adjacent streets and alleys,
showing their widths and names;
C. Lot Lines. All lot lines
and numbers for all lots and blocks; easements and their purposes;
D. Dimensions. All
dimensions, both linear and angular, for locating boundaries of subdivisions, lots,
street and alley lines, easements and building line setbacks; the linear
dimensions shall be expressed in feet and decimals of a foot;
E. Monuments. All permanent
monuments, together with their descriptions, showing fully and clearly their
location and size; and, if any points were reset by ties, that fact shall be
stated;
F. Title and Description.
Title and description of the property being subdivided, showing its location
and extent, points of compass, scale of plan, basis of bearing, and the name of
the subdivider and the engineer or surveyor platting
the tract;
G. Flood Areas. The
boundaries of any areas within the proposed subdivision which are subject to
periodic inundation by water;
H. Private Restrictions. Any
private restrictions shall be shown on the plat or reference to them thereon;
and the plats shall contain proper acknowledgement of owners and mortagees accepting said platting and restrictions;
I. City Boundaries. City
boundaries which cross or adjoin the subdivision shall be clearly designated
and located in relation to adjacent lot or block lines;
J. Certificates and
Acknowledgments. The following certificates and acknowledgements shall appear
on the title sheet of all such final maps in forms acceptable to the county:
1. Certificates of surveyor or engineer with
his registered engineer’s number or licensed land surveyor s number,
2. Owners certificate and
acknowledgement and offer of dedication, if any,
3. Certificate for execution
by the county recorder,
4. Certificate for execution
by the city engineer,
5. Certificate for execution
by the secretary of the planning commission,
6. Certificate for execution
by the city clerk stating that the city council approved the final map and
accepting the offers of dedication.
17.20.050 Additional
material——Bond. A. The following additional material shall be submitted
with the final map:
1. Traverse Sheets. The subdivider shall furnish the city engineer traverse sheets,
prepared by a registered civil engineer or licensed surveyor, showing the mathematical
closure within one foot to ten thousand feet of perimeter of the exterior
boundary of the tract and of each block within the tract and each irregular
lot.
2. Guarantee of Title. The subdivider shall furnish to the city council a guaranty of
title or letter from a competent title company certifying that the names of all
persons whose consent is necessary to pass a clear title to the land being
subdivided, and all acknowledgements thereto, appear on the proper certificates
and are correctly shown on said map, both as to consents as to the making
thereof and affidavits of the dedication where necessary. Such guaranty or
letter shall be issued for the benefit of the city of Weed and
protection of the city council and shall be continued complete up to the
instant of recording.
3. Improvement Agreement. In
the event drainage structures, grading, paving or other required improvements
have not been completed prior to presentation of the final map, the subdivider shall file an agreement for the improvement thereof
by him as required by this chapter, and as may be further required by the city
council or by law, and shall secure the performance thereof by a good and
sufficient surety bond executed by a responsible surety company to be approved
by the council or, in lieu of such surety bond, a cash deposit, which bond or
cash deposit shall be in an amount equal to the cost of the improvement as
estimated by the city engineer or by the city council, provided, however, that
the subdivider may, at his option, in lieu of such
agreement and bond or cash deposit, enter into a contract with the city
council, secured by a faithful performance bond or cash deposit in the manner
and condition as provided by Section 66499 of the Government Code of California
and all other laws applicable thereto.
4. Taxes. Prior to the
filing of the final map the subdivider shall file
with the clerk of the county a certificate from the official computing
redemptions in Siskiyou County and the city, showing that, according to the
records of his office, there are no liens against the subdivision 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.
As to taxes or special assessments
collected as taxes not yet payable, the subdivider
shall file with the clerk of the county 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.
B. Whenever any part of the subdivision 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 subdivider executes and files with the board of supervisors 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.
17.20.060 Completion. A final
map shall be considered complete for filing when it complies with the previous
section and is accompanied with the statements, agreements, cash and/or bonds
required.
17.20.070 Filing. The subdivider shall file the following:
A. Two blueline
copies of the final map, boundary traverse map, improvement plans, and a
checking fee of thirty dollars, plus two dollars per lot, for such detailed
examination of final maps and field checking as may be necessary for the city
engineer to make his required certification. Said map shall be accompanied by
traverse sheets and work sheets showing the closure within allowable limits of
the exterior boundaries and of each irregular block and lot;
B. Title guarantee, deed
restrictions, improvement agreement and bond with the city clerk, if required
and not previously filed.
17.20.080 Approval by certain
departments. The following functions shall be acted upon within twenty days
after filing:
A. The city engineer shall
examine the final map. If he determines that the surveys are correct and that
the map is technically correct, and substantially conforms to the tentative map
and any approved alteration thereof, and to the provisions of this title and
state law, he shall so certify on said map and transmit the same to the city
clerk. If he finds that full conformity has not been made, he shall so advise
the subdivider and afford him an opportunity to wake
the necessary changes.
B. The planning commission
shall examine the final map. If the commission determines that the map
substantially conforms to the approved tentative map, the secretary shall so
certify on said map.
C. When filing is completed
and approved as outlined, the city clerk shall transmit the following, as
provided by the subdivider: an original lien and two
duplicate transparencies on vellum suitable for reproduction with all
accompanying statements, agreements, cash and/or bonds required to the city
council for consideration and the recording fee.
17.20.090 Council action. Upon
presentation of the material required by this chapter by the city clerk, the
city council shall consider the map, the plan of subdivision and the offers of
dedication. The city council may reject any or all offers of dedication or
require dedication of all proposed streets. In the event that improvements are
required under the terms of this title or by law, the city council shall
approve a contract with the subdivider for posting a
bond or cash deposit as provided in this chapter. In such case, when the
agreement and bond or cash deposit have been approved by the city attorney as
to form and by the city engineer or city council as to sufficiency, the city
council may consider the final map.
After the city council
determines that the map is in conformity to the requirements of this title, it
shall approve said map. In case the city council determines that said map is
not in conformity with the requirements of this title, it shall disapprove said
map, specifying reasons therefor and advising the subdivider of such disapproval. Within ninety days
thereafter, the subdivider may file with the city
engineer a map altered to meet with approval of the city council, and shall
conform with the procedures specified herein.
17.20.100 Recording. The city clerk,
after approval by the city council and after signatures and seals have been
affixed, shall transmit the final map and duplicate vellums accompanied by the
necessary recording fee to the clerk of the board of supervisors. No map shall
have any force or effect until it has been approved by the city council, and no
title to any property described in any offer of dedication shall pass until
recordation of the final map.
Chapter 17.24
MINOR SUBDIVISIONS
Sections:
17.24.010 Preparation.
17.24.020 Filing——Recommendations.
17.24.030 Extension of time
limit.
17.24.040 Council action.
17.24.050 Limitation of
approval.
17.24.060 Record of survey
maps.
17.24.010 Preparation. Where
required by Section 17.04.040, minor subdivision maps shall be prepared and
filed with the secretary of the planning commission, as follows:
A. Design and Improvements.
Division of property by this chapter shall be governed as to design by Sections
17.12.010 through 17.12.260 and may be governed as to improvements by Sections
17.12.270 through 17.12.300.
B. Minor Subdivision Map
Information. A legible tentative map, 8—1/2 x 11” in size, shall be prepared
showing:
1. Name, address and phone number of person
filing map;
2. Name and legal designation of tract in which
the subdivision is located and ties to adjoining tracts;
3. Any other data necessary for the
intelligent interpretation of the various items and locations of the points,
lines and areas shown, including: elevations where topography is a vital factor;
centerlines of important watercourses; areas subject to flood; and roads,
accurately located.
C. Statements. Accompanying
the tentative map shall be statements by the subdivider
as to drainage, surfacing or other required improvements to be constructed by
him, and whether proposed roads, widenings or street
openings are offered for dedication.
17.24.020 Filing——Recommendation.
A. A statement regarding proposed improvements and seven copies of the
tentative record map shall be filed with the secretary of the planning
commission at least ten days prior to the planning commission meeting at which
action is expected. He shall immediately transmit a copy of said map to the
city engineer and to each public utility serving the general area of the
proposed minor subdivision.
B. If the city engineer
finds compliance with Section 17.24.010 and the minor subdivision map to be
technically correct, he shall endorse a statement on it attesting to his
examination thereof, and shall present it to the planning commission for
approval. Otherwise, he shall return it to the person who presents it, together
with a written statement of the changes necessary to make it conform to the
requirements of this title.
C. Any utility company
concerned may make a report to the planning commission as to the adequacy of
the proposed easements.
D. The planning commission shall determine whether the minor subdivision map is in conformity with provisions of law and this title as to design, drainage, road improvements and offers of dedication or deed. Upon this basis they shall, within fifteen days recommend approval, conditional approval or disapproval to the city council. The commission shall report such action direct to the subdivider.
17.24.030 Extension of time limit.
The time limits for acting and reporting on a minor subdivision, as provided in
this title may be extended upon mutual consent in writing of the person filing
the map and the planning commission.
17.24.040 Council action.
After its first or second regular meeting following the filing of the minor
subdivision map, the city council shall decide whether the map is in conformity
to law and this title, including satisfactory lot layout, drainage, offers of
dedication, deeds, road improvements, and agreements to complete such improvements
as set forth in subsection A(3) of Section 17.20.050. If the city council finds
that the map, proposed improvements or agreements are unsatisfactory, it shall
disapprove the map and advise the owner or his agent so that he may make
appropriate changes or additions.
17.24.050 Limitation of approval.
The approval or conditional approval of such map shall be valid for a period of
one year from the date of the final action thereon. Such approval or conditional
approval may be extended for a period not to exceed one additional year period
by the city council upon written request, providing such request is made prior
to the expiration of the one year approval or conditional approval period.
17.24.060 Record of survey map.
When a minor subdivision map has been approved in accordance with this title, a
record of survey map of the division may be recorded. Three copies of the
record of survey, as recorded, shall be filed with the secretary of the
planning commission. The secretary of the planning commission shall state in
writing on each copy whether it is in substantial conformance with the division
of land map as approved.
Chapter 17.25
Sections:
17.25.010 Authority for merger
of contiguous parcels.
17.25.020 Owner-initiated
merger of contiguous lots or parcels.
17.25.030 City-initiated
merger of contiguous lots or parcels.
17.25.040 Form of
application.
17.25.050 Findings.
17.25.060 Recordation of
instrument evidencing the merger.
17.25.070 Failure to conform
to procedures——Application may be voided.
17.25.080 Merger application
processing fee
17.25.010 Authority for merger of
contiguous parcels. Two or more, but less than five contiguous parcels or
lots of subdivided real property which have been created under the provisions
of the Subdivision Map Act of the California Government Code or any prior law
regulating the division of land, or a city ordinance enacted pursuant thereto,
or which were not subject to those provisions at the time of their creation,
may be merged without a reversion to acreage and an associated parcel
map, under the authority of Section 66499.20 3/4 of the Subdivision Map Act of
the California Government Code.
17.25.020 Owner-initiated merger
of contiguous lots or parcels. The owner(s) of any two or more, but less
than five, contiguous lots or parcels may request a merger of said lots or
parcels upon the submittal of an application of all the owners of record of the
real property in question requesting such merger, and by filing with the city
administrator an application for owner-initiated merger and waiver of parcel
map, on a form provided by the city. All owners must have an interest in each
of the parcels sought to be merged. The petition and application shall be
processed and the request approved, denied and/or appealed in accordance
with the provisions of Section 17.25.040 of this code.
A. Any one or more of the
contiguous lots or parcels held by the same owner does not conform to the
minimum parcel size and/or dimensional standards set forth for the zoning
district in which such lots or parcels are located.
B. One or more of the
parcels or lots is developed, or will be developed, with a single primary
structure, that is also partially sited on a contiguous lot or parcel under the
same ownership.
C. One or more of the
parcels or lots is developed, or will be developed, with a primary use or
structure that will be partially or wholly sited on a contiguous lot or parcel
under the same ownership.
D. Merger is required by the
city as a condition of any land use approval or for the issuance of any permit.
17.25.040 Form of application.
The application cited in Section 17.25.020 shall contain the following
information:
A. Evidence of title (e.g.
grant deeds and title report) to all of the parcels of real property involved
in the merger.
B. Written consent of all
the owners of interest(s) in all of the parcels of real property involved in
the merger. The consent shall be notarized.
C. An exhibit, drawn to a
standard engineering scale, delineating the existing parcel boundaries and the
location of any existing structures and easements; and delineating the
boundaries of the parcel after the merger.
D. Evidence of any
variances, encroachment permits, or other evidence of entitlement to deviation
from existing zoning law requirements.
E. Evidence of legal and
physical access to the parcel and evidence that access to adjoining lots and
parcels will not be eliminated or restricted by the merger.
F. Evidence that all
property taxes are current for all of the affected parcels.
G. After receipt of the
application, applicant may be required to provide such other pertinent
information as may be determined by the city administrator and/or the city
engineer to be needed for the proper processing of the application. Such
additional information may include, but is not limited to the following:
topographic data, data relative to drainage conditions or flood hazards,
relative location of public facilities and improvements, information relative
to the potential environmental impact of the merger, record survey, etc.
17.25.050 Findings. The real
property described in Section 17.25.030 of this code may only be merged when
the city administrator finds that:
A. The lots to be merged
are, at the time of merger, under common ownership and all owners have an
interest in the real property to be merged have consented to the merger, an
writing;
B. The parcel(s) or lot(s)
to be created by the merger meet or exceed the minimum dimensions and area as
to size established by the zoning district in which said lots or parcels are
located, or a variance thereto has been granted;
C. The lot or parcel to be
created by the merger has legal and physical access, and access to adjoining
lots or parcels will not be eliminated or restricted by the merger;
D. All property taxes are
current for all affected parcels. Any delinquent property taxes have been paid
on all affected lots/parcels that are the subject of the merger;
E. It clearly appears from
the record, as determined by the city administrator, that any easements of
record affecting the lots or parcels to be merged, or for adjoining lots or
parcels, will not be restricted or eliminated by the merger. Alternatively,
where it appears from the record, as determined by the city administrator, that
any such easement may be restricted or eliminated, a written, notarized,
statement of noninterference has been received from the easement holder;
F. No new lot lines will be
created through the merger.
17.25.060 Recordation of
instrument evidencing the merger. Upon the granting of a merger by the city
administrator, a notice of merger shall be prepared by the city administrator.
The notice of merger shall specify the names of the record owner or owners and
describe the real property. The notice of merger shall be filed with the city
clerk, who shall be responsible for recording the document with the county
recorder of the
17.25.070 Failure to conform to
Procedures--Application may be voided. Failure by the applicant to conform
to any of the procedures or time limits set forth herein may result in the
voiding of the merger application.
17.25.080 Merger application
processing fee. Applicant may be charged a reasonable fee, in an amount not
to exceed the costs as determined by resolution of the city council, for
processing the merger application.
Chapter 17.26
Sections:
17.26.010 Definition.
17.26.020 Authority for lot
line adjustment
17.26.030 Application.
17.26.040 Findings.
17.26.050 Recordation of
instrument evidencing the adjustment.
17.26.060 Failure to conform
to procedures— Application may be voided.
17.26.070 Adjustment
application processing fee.
17.26.010 Definition. A lot
line adjustment is any division of land exempt from the requirements of the
Subdivision Map Act of the California Government Code, in which no more parcels
are created by the division than originally existed prior to the adjustment.
17.26.020 Authority for lot line
adjustment. Two or more existing adjacent parcels or lots of subdivided
real property which have been created under the provisions of the Subdivision
Map Act of the California Government Code or any prior law regulating the
division of land, or a city ordinance enacted pursuant thereto, or which were
not subject to those provisions at the time of their creation, may have their
lot lines adjusted without an associated parcel map, under the authority of
Section 66412(d) of the Subdivision Map Act of the California Government Code.
17.26.030 Application. An
application shall be submitted in writing, on a form provided by the city that
shall contain the following information:
A. Evidence of title (i.e.,
grant deeds and title report) to all of the parcels of real property involved
in the adjustment.
B. Written consent of all
the owners of interest(s) in all of the parcels of real property involved in
the adjustment. The consent shall be notarized.
C. An exhibit, drawn to a
standard engineering scale, delineating the existing parcels boundaries and the
location of any existing structures and easements; and delineating the
boundaries of the parcel after the adjustment.
D. A legal description of
the parcels after the adjustment.
E. Evidence of any
variances, encroachment permits, or other evidence of entitlement to deviation
from existing zoning law requirements.
F. Evidence of legal and
physical access to the parcels and evidence that access to adjoining lots and
parcels will not be eliminated or restricted by the adjustment.
G. Evidence that all
property taxes are current for all of the affected parcels.
H. After receipt of the
application, applicant may be required to provide such other pertinent
information as may be determined by the city administrator and/or the city engineer
to be needed for the proper processing of the application. Such additional
information may include, but is not limited to the following: topographic data,
data relative to drainage conditions or flood hazards, relative location of
public facilities and improvements, information relative to the potential
environmental impact of the adjustment, record survey, etc.
17.26.040 Findings. The real
properties described in Section 17.26.030 of this code may only have lot lines
adjusted when the city administrator finds that:
A. The lots with the line(s)
to be adjusted are, at the time of the adjustment, have all owners with an
interest in the real property consenting to the adjustment, in writing;
B. All the parcel(s) or
lot(s) to be created by the adjustment meet or exceed the minimum dimensions
and area as to size established by the zoning district in which said lots or
parcels are located, or a variance thereto has been granted;
C. No new lot or lots are
created through the adjustment;
D. All the lots or parcels
to be created by the adjustment have legal and physical access, and access to
adjoining lots or parcels will not be eliminated or restricted by the
adjustment;
E.
All property taxes are current for all affected parcels. Any delinquent
property taxes have been paid on all affected lots/parcels which are the
subject of the adjustment; and
F. It clearly appears from
the record, as determined by the city administrator, that any easements of
record affecting the lots or parcels to be adjusted, or for adjoining lots or
parcels, will not be restricted or eliminated by the adjustment. Alternatively,
where it appears from the record, as determined by the city administrator, that
any such easement may be restricted or eliminated, a written, notarized, statement
of noninterference has been received from the easement holder.
17.26.050 Recordation of
instrument evidencing the adjustment. Upon the granting of an adjustment by
the city administrator, a notice of lot line adjustment shall be prepared by
the city administrator. Applicant shall cause to be prepared a description
thereon which is in conformance with the lot line adjustment. The applicant
shall be responsible for the accuracy of the legal description appearing on
such document. The notice of lot line adjustment shall specify the names of the
record owner or owners and describe the real property. The notice of lot line
adjustment shall be filed with the city clerk, who shall be responsible for
recording the document with the county recorder of the county of Siskiyou.
17.26.060 Failure to conform to
procedures—-Application may be voided. Failure by the applicant to conform
to any of the procedures or time limits set forth herein may result in the
voiding of the adjustment application.
17.26.070 Adjustment application
processing fee. Applicant may be charged a reasonable fee, in an amount not
to exceed the costs as determined by resolution of the city council, for
processing the lot line adjustment application.
Chapter 17.28
PENALTY
Sections:
17.28.010 Designated.
17.28.010 Designated. Any
offer to sell or contract to sell or any sale contrary to the provisions of
this title shall be a misdemeanor, and any person, firm, corporation,
partnership or copartnership, upon conviction
thereof, shall be punishable by a fine of not less than twenty-five dollars and
not more than five hundred dollars, or by both such fine and imprisonment,
except that nothing contained in this section shall be deemed to bar any legal,
equitable or summary remedy to which the city or other political subdivision,
or any person, firm, corporation, partnership or copartnership
may otherwise be entitled; and the city or any other political subdivision or
person, firm, corporation, partnership or copartnership
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 title.
Chapter 17.32
LAND DEDICATIONS/PAYNENT OF FEES
Sections:
17.32.010 Purpose.
17.32.020 Requirement.
17.32.030 Determination of
land or fee.
17.32.040 General standard.
17.32.050 Formula for
dedication of land.
17.32.060 Fee in lieu of
land.
17.32.070 Determination of
fair market value.
17.32.080
Fee for mobile home parks.
17.32.090 In—lieu fees in
small subdivisions.
17.32.100 Exemptions.
17.32.110 Improvement of
dedicated areas.
17.32.120
Use of money received.
17.32.130 Sale of dedicated
land.
17.32.140
Credit for private parks.
17.32.150 Effective date.
17.32.010 Purpose. This
chapter is enacted pursuant to California Government Code Section 66477, and
the general police power of the city. The park and recreation facilities for
which dedication of land and/or payment of a fee is required by this chapter
are consistent with the recreation element of the Weed General Plan.
17.32.020 Requirement. At the
time of approval of the tentative map or parcel map, the approving body shall
determine the land required for dedication or amount of in-lieu fee pursuant to
Sections 17.32.050 and 17.32.060. As a condition of approval of a final
subdivision map or parcel map, the subdivider shall
dedicate land, pay a fee in lieu thereof, or a combination of both, at the
option of the city, for neighborhood and community park or recreational
purposes at the time and according to the standards and formula contained in
this chapter.
17.32.030 Determination of land or
fee. Whether the approving body of the city accepts land dedication or
elects to require payment of a fee in lieu thereof, or a combination of both,
shall be determined by consideration of the following:
A. The compatibility of
dedication with the general plan of the city;
B. The natural features,
access and location of land in the subdivision available for dedication;
C. The size and shape of the
subdivision and land available for dedication;
D. The feasibility of
dedication;
E. The location of existing
and proposed park sites and trail ways;
F. The then-current
availability of resources to properly develop and maintain a dedication.
17.32.040 General standard.
The city council finds that the public interest, convenience, health, welfare
and safety require that five acres of land for each one thousand persons
residing within this city be devoted to neighborhood and community park and
recreational purposes in accordance with the open space recreational element of
the General Plan of the city.
17.32.050 Formula for dedication
of land. A. The city council finds, based on historical experience and
current statistical trends, that the average occupancy of a single-family
dwelling is 2.44 persons, that for a duplex or triplex dwelling is 2.07 persons
and that for an apartment unit is 1.79 persons.
B. The formula for the
minimum area of land to be dedicated under this chapter is thus:
(DUs x Persons
per Unit) x Gen. Std. = Dedication
Where:
“DUs” = Number
of new dwelling units within the subdivision;
“Persons per Unit” = Statistical average
occupancy under subsection A of this section;
“Gen. Std.” = General Standard of park
land required per person under Section 17.32.040;
“Min. Acre. Dedication” = The minimum area
of land to be dedicated by the property owner to the city of Weed under this
chapter.
17.32.060 Fee in lieu of land.
If the city opts to accept a cash payment in lieu of a dedication of land, the subdivider shall pay a fee in an amount calculated as
follows:
Min. Acre. Dedication x FMV per Acre =
Amount of Cash Payment
Where:
“Min. Acre. Dedication” = The minimum area
of land to be dedicated under this chapter, as calculated under Section
17.32.050;
“FMV per Acre” = Fair market value of an
acre of buildable park land, as determined according to Section 17.32.070, plus
twenty percent of that amount for minimum improvement costs.
17.32.070 Determination of fair
market value. The fair market value of an acre of buildable park land shall
be established, from time to time, by resolution of the city council, which
determination shall be final and not subject to appeal, and shall apply to all
complete subdivision applications filed thereafter.
17.32.080 Fee for mobile home
parks. If the development or operation of a mobile home park results in a
subdivision of land as such is defined in the California Subdivision Map Act,
at the time of the approval of the final map or parcel map for such subdivision
the developer or owner of each parcel shall pay to the city, in addition to any
and all other requirements of this code, an in-lieu fee of one hundred dollars
per mobile home space to offset the costs of public provision of park and recreational
facilities to serve the needs of the inhabitants of the mobile home park.
11.32.090 In—lieu fees in small
subdivisions. In subdivisions containing fifty parcels or less, the city
may, at its option, require only the payment of fees in lieu of the dedication
of land.
17.32.100 Exemptions. A. The
provisions of this chapter as to dedications of land or payment of in-lieu fees
shall not apply to any of the following:
1. Commercial or industrial subdivisions;
2. Condominium projects which consist of the
subdivision of air space in an existing apartment building which is more than
five years old, but to which no new dwelling units are added; or
3. Residential subdivisions which will create
less than five parcels.
B. The approving body may,
upon written request, waive the dedication and in-lieu fee requirements of this
chapter if imposition of the same would violative of
any state or federal law or regulation.
C. Subdivisions which, because
they were not proposed to be used for residential purposes, were exempt from
the dedication and fee-in-lieu requirements of this chapter shall be subject
hereto if subsequent thereto a building permit is requested for construction of
a residential structure on one or more of the parcels of such subdivision
within four years of its approval, and a few may be required to be paid by the
applicant therefor as a condition to the issuance
thereof, the amount of the fee to be determined in the manner provided in
Section 17.32.060.
17.32.110 Improvement of dedicated
areas. Where land is dedicated to the city for park and recreational
purposes pursuant to this chapter, the subdivider
shall, without credit, pay and be responsible for the improvement of the
dedicated area, and including curbs, gutters, drains, street lights, traffic
control devices, street trees, street paving, sidewalks and improved drainage
identical to the standards of improvements required for the other areas of the
subdivision, as well as other minimal improvements which the city council
determines to be essential to the acceptance of the land for recreational
purposes. All land offered for dedication to local park or recreational
purposes shall have access to at least one existing or proposed public street,
provided however, that this requirement may be waived by the city council if it
determines that the public street access is unnecessary for the maintenance of
the park area or use thereof by residents.
17.32.120 Use of money received.
A. The funds collected pursuant to this chapter, and interest accrued thereon,
shall be used only for the purpose of acquiring, developing or rehabilitating
park land or park recreational facilities and improvements reasonably related
to serving the subdivision from which such fees are collected.
B. The city shall assign
funds to the general geographical area in which the subject subdivision is
located. The city council may, by resolution, formally designate a number of
geographical areas within the city for which such funds shall be assigned.
C. Funds shall be spent in
the manner provided in this section within five years following the end of the
fiscal year in which they were collected. If such fees are not so spent within
the time specified, they shall be refunded, along with accrued interest, less
an administrative charge, shall be distributed and paid to the then-record
owners of the lots within the subdivision in the same proportion that the size
of each lot bears to the total area of all lots within the subdivision.
D. The park lands acquired
may, at the option of the city council, and with the acceptance of the
governing body of the Weed recreation and park district or any successor public
agency responsible for providing park and recreational services, be leased or
conveyed in fee to the district on such terms and conditions as the city and
the district may agree.
E. The city, or if
applicable, the park district, shall develop a schedule specifying how, when
and where it will use the land or fees, or both, to develop park or
recreational facilities to serve the residents of the subdivision.
F. The city administrator,
or chief financial officer of the city shall report to the city council not
less than annually as to the in-lieu fees on deposit, the income received since
the last report and the identity, if any, of the geographical area of the city
to which the sums have been designated.
17.32.130 Sale of dedicated land.
If, during the ensuing time between dedication of land for park purposes and
commencement of development of the land for such purpose, circumstances arise
which indicate that another site would be more suitable for local park or
recreation purposes serving the subdivision and the neighborhood, the land may
be sold by the city upon the approval of the city council, with the resultant
funds being used for purpose of a more suitable site, or retained in an account
dedicated to such purpose and spent therefor within
five years after the date of dedication, in the manner specified in Section
17.32.120. If the city determines to dispose of the property, the subdivider or its successor shall have a right of first
refusal to purchase the property at fair market value.
17.32.140 credit for private parks.
Where private open space for parks and recreational purposes is provided in a
proposed subdivision and such space is to be privately owned and maintained by
the future residents of the subdivision, such areas may, at the discretion of
the city council be credited against the dedication and in-lieu requirements of
this chapter, provided that the city council finds it in the public interest to
do so, and that the following standards are met:
A. Yards, court areas,
setbacks and other open areas required by the zoning and building regulations
shall not be included in the computation of such open space;
B. Private ownership and
maintenance of the open space shall be by a homeowner’s association composed of
all property owners in the subdivision and being an incorporated nonprofit
organization capable of dissolution only by a one hundred percent affirmative
vote of the membership, operated under recorded land agreements through which
each lot owner in the neighborhood is automatically a member and each lot is
subject to a charge for a proportionate share of expenses for maintaining the
facilities; or found by the city council to be expenses for maintaining the
facilities; or found by the city council to be otherwise adequately provided
for by written agreement;
C. The use of the private
open space shall be irrevocably restricted to park and recreational purposes by
recorded covenants which run with the land in favor of the future owners of
property within the tract and which cannot be defeated or eliminated without
the consent of the city council;
D. The proposed private open
space shall be reasonably adaptable for use for park and recreational purposes,
taking into consideration such factors as size, shape, topography, geology,
access and location of the private open space land;
E. The facilities proposed
for the open space shall be in substantial accordance with the provisions of
the recreational element of the General Plan of the city and are approved by
the city council;
F.
The open space and/or facilities provide for the park and recreation needs of
the project in such a manner as to reduce the impact on existing facilities or
reduce the need to provide new facilities by the city.
17.32.150 Effective date. This
chapter shall apply to all subdivisions except those subdivisions for which a
completed application is on file prior to the effective date of the ordinance
codified in this chapter.
Chapter 17.36
Sections:
17.36.010 Applicability.
17.36.020 Landscape
documentation package.
17.36.030 Water conservation
concept statement.
17.36.040 Landscape design
plan.
17.36.050
Irrigation design plans and specifications.
17.36.060
Certification.
17.36.070
Provisions for existing landscapes.
17.36.010 Applicability. A. This chapter shall
apply to the following:
1. All new and rehabilitated landscaping for
public agency projects and private development projects that requires a city
permit; and
2. Developer-installed landscaping in
single-family and multi—family projects;
B. This chapter shall not
apply to homeowner-provided landscaping at single-family and multifamily
projects.
17.36.020 Landscape documentation
package. A. A landscape documentation package shall be submitted to the
city. No permit shall be issued until the city reviews and approves this
package.
B. Each landscape
documentation package shall include the following elements:
1. Water conservation concept statement as
set forth in Section 17.36.030;
2. Calculation for the estimated total water
use;
3. Landscape design plan as set forth in
Section 17.36.040;
4. Irrigation design plan as set forth in
Section 17.36.050;
5. Certificate of substantial completion. (To
be submitted after installation of the project.)
17.36.030 Water conservation
concept statement. Each landscape documentation package shall include a
cover sheet, referred to as the water conservation concept statement similar to
the following example. It serves as a check list to verify that the elements of
the landscape documentation package have been completed and has a narrative
summary of the project.
SAMPLE WATER CONSERVATION CONCEPT STATEMENT
Project Site: Project Number:
Project Location:
Designer/Contractor:
Landscape Architect/Irrigation Designer:
Included in this project submittal
package are:
(Check to indicate completion)
_________
1. Estimated total water use:
_________gallons/year
(attach sheet showing method of
calculation)
_________
2. Landscape Design Plan
_________
3. Irrigation Design Plan
DESCRIPTION
OF PROJECT
(Briefly describe the planning and design
actions that
are intended to achieve conservation and
efficiency in
water use.)
Date: _________________
Prepared by:
17.36.040 Landscape design plan.
A. A landscape design plan meeting the following requirements shall be
submitted as part of the landscape documentation package:
1. Recirculating
water shall be used for decorative water features;
2. Pool and spa covers are encouraged.
B. The landscape design plan
shall be drawn on project base sheets at a scale that accurately and clearly
identities:
1. Property lines and street names;
2. Streets, driveways, walkways and other
paved areas;
3. Pools, ponds, water features, fences and
retaining walls;
4. Existing and proposed buildings and
structures including elevation, if applicable;
5. Natural features including, but not
limited to, rock outcroppings, existing six-inch diameter trees, shrubs that
will remain;
6. An estimate of the total landscaped area.
17.36.050 Irrigation design plans
and specifications. A. An irrigation design plan meeting the following
conditions shall be submitted as part of the landscape documentation package:
1. Runoff and Overspray. Soil types and
infiltration rate shall be considered when designing irrigation systems. All
irrigation systems shall be designed to avoid runoff, low-head drainage,
overspray or other similar conditions where water flows onto adjacent property,
nonirrigated areas, walks, roadways or structures.
Proper irrigation equipment and schedules, including features such as repeat
cycles, shall be used to closely match application rates to infiltration rates
therefore minimizing runoff.
2. Separate landscape water meters shall be
installed for all projects except for single-family homes or any project with a
landscaped area of less than one thousand square feet.
3. Automatic control systems shall be
required for all irrigation systems and must be able to accommodate all aspects
of the design.
4. Irrigation systems shall be designed to be
consistent with hydrozones.
5. The irrigation design plan shall use the
same format as the landscape design plan. The scale should be the same as that
used for the landscape design plan.
6. The irrigation design plan shall
accurately and clearly identify:
a. Location and size of separate water
meters for the landscape if applicable;
b. Location, type and size of all
components of the irrigation system, including automatic controllers, main and
lateral lines, valves, sprinkler heads, moisture sensing devices, rain
switches, quick couplers and backflow-prevention devices;
c. Static water pressure at the point of
connection to the public water supply;
d. Flow rate (gallons per minute),
application rate (inches per hour) and design operating pressure (psi) for each
station.
17.36.060 Certification. A.
Upon completing the installation of the landscaping and the irrigation system,
an irrigation audit shall be conducted by the owner or a licensed landscape
contractor.
B. The owner, or a licensed
landscape contractor, shall conduct a final field observation and shall provide
a certificate of substantial completion to the city. The certificate shall
specifically indicate that plants were installed as specified, that the
irrigation audit has been performed, along with a list of any observed
deficiencies.
C. Certification shall be
accomplished by completing a certificate of substantial completion or a form
approved by the director of public works and delivering it to the city and to
the owner of record.
17.36.070 Provisions for existing
landscapes. A. Water Management.
1 All existing landscaped areas to which the
city provides water that are one acre or more, including golf courses, green
belts, common areas, multifamily housing, schools, businesses, parks,
cemeteries and publicly owned landscapes shall be checked for water usage
yearly.
2. If the project’s water bills indicate that
they are using less than or equal to the total estimated water usage for that
project, an audit shall not be required.
3. Recognition of projects that stay within
the maximum applied water allowance is encouraged.
B. Water Waste Prevention.
1. The city shall prevent water waste
resulting from inefficient landscape irrigation by prohibiting runoff, low-head
drainage, overspray or other similar conditions where water flows onto adjacent
property, nonirrigated areas, walks, roadways or
structures.