A.   The size, design, character, grade, location, orientation and configuration of lots within a proposed subdivision and improvements required in connection therewith shall be consistent with the density and uses authorized for the area by the general plan, the applicable specific plan, this title, and other land use regulations, and shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

   B.   The density, timing or sequence of development may be restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site (including soil conditions), the nature or extent of existing development, the availability of public utilities, environmental habitat or wildlife preservation or protection, or other provisions of this title.

   C.   All subdivisions shall result in lots that can be used or built upon. No subdivision shall create lots that are impractical for improvement or use due to steepness of terrain, location of watercourses, size, shape, inadequate frontage, access, building area, or other physical condition. Except for lots within a planned unit development, all residentially zoned lots shall have not less than 20 feet of public street frontage, approved private street frontage, or alley frontage. (Ord. 2021-0024 § 31; Ord. 2017-0009 § 10)

   A.   Each local street that provides access to lots within a subdivision shall connect directly to or by way of one or more local streets to a collector street or arterial street.

   B.   Each route of access to collector streets or arterial streets and the point of connection therewith shall be adequate to safely accommodate the composition and volume of vehicular traffic generated by the land uses that it serves. Residential subdivisions shall be designed to encourage vehicle speeds less than 25 miles per hour and traffic volumes less than 4,000 average daily traffic.

   C.   In determining the adequacy of a route of access, the deployment of fire equipment or other services under emergency conditions shall be considered.

   D.   A tentative map that makes use of a local street that passes through a predominately residential neighborhood as a route of access to industrial, commercial or other subdivisions generating traffic that would conflict with the residential character of the neighborhood may be denied. (Ord. 2017-0009 § 10)

   A.   Streets shall be laid out to conform to the alignment of existing streets in adjoining subdivisions and to the logical continuation of existing streets where the adjoining land is not subdivided.

   B.   The realignment of streets in contemplation of the development or use of adjoining property and the provision of streets or dead-end street extensions to facilitate the subdivision of adjoining property may be required.

   C.   Permanently dead-ended streets (except cul-de-sacs) are prohibited. When a street is temporarily dead-ended, a barricade or temporary turning area or temporary connection to another street may be required. Permanent turnarounds may be required at the end of dead-end streets where the future extension of the street is remote. (Ord. 2017-0009 § 10)

Where property is subdivided into lots substantially larger than the minimum size required by these regulations or by the zoning districts in which the subdivision is located, whichever is most restrictive, streets and lots shall be required to be laid out so as to permit future resubdivision in accordance with the provisions of these regulations. (Ord. 2017-0009 § 10)

   A.   A frontage road, or through or side-on lots, or other types of limited access layout may be required where a subdivision adjoins or contains an existing or proposed freeway or arterial street. To accomplish the purpose of this section, waivers of vehicular and pedestrian access rights to the freeway or arterial street may be required.

   B.   Waivers of vehicular and pedestrian access rights may also be required to prevent a local or collector street which passes through a predominantly residential neighborhood from being used as a route of access to industrial, commercial or other subdivisions generating traffic which would conflict with the residential character of the neighborhood. (Ord. 2017-0009 § 10)

   A.   All streets shall intersect or intercept each other so that for a distance of at least 100 feet the street is approximately at right angles to the street it intersects or intercepts.

   B.   Street alignment shall provide for streets entering opposite each other to have their center lines directly opposite. Where this is not possible, street jogs shall have a minimum center line offset of 120 feet. No jogs shall interrupt the continuity of a major or collector street. (Ord. 2017-0009 § 10)

Local streets shall be laid out so that their use by through traffic shall be discouraged. Maps of proposed subdivisions containing excessively long, straight residential streets, conducive to high-speed traffic, shall be denied. Curvilinear streets shall be encouraged. Maps of proposed subdivisions containing excessively long, straight residential streets, conducive to high-speed traffic, shall be denied. (Ord. 2017-0009 § 10)

A cul-de-sac street created by the proposed subdivision shall not exceed 500 feet in length. A proposed cul-de-sac may be reduced in length or may be eliminated in order to provide for the efficient circulation of traffic, the future development of the neighborhood street system, or the deployment of emergency services. (Ord. 2017-0009 § 10)

All streets and alleys and the location of improvements therein shall be designed to conform to adopted street standards, except where a tentative map design deviation or post-tentative map design deviation is expressly permitted by chapters 17.842 and 17.844 or where a special cross-section is required to conform to an adopted planned street line, applicable specific plan, bicycle master plan or pedestrian master plan. (Ord. 2017-0009 § 10)

Grades of all streets shall be consistent with adequate surface drainage requirements and the approved grading plan of the proposed subdivision. (Ord. 2017-0009 § 10)

All curves shall have sufficient length to avoid the appearance of an angle point. Reverse curves shall be connected by tangents of length approved by the director of public works. The center line radii of curves shall be as large as possible, but not less than the following:

 

 

(Ord. 2017-0009 § 10)

Proposed street and alley names shall be reviewed and approved by the city manager or city manager's designee. (Ord. 2017-0009 § 10)

(Ord. 2017-0009 § 10)

Improved pedestrian ways not less than 10 feet in width may be required where needed for traffic safety or for access to schools, playgrounds, shopping facilities, other community facilities or scenic easements. (Ord. 2017-0009 § 10)

Equestrian, hiking trails and biking paths shall be provided in locations established by the general or specific plans. Adequate access points for the public, maintenance and emergency vehicles and parking facilities shall be provided as necessary. (Ord. 2017-0009 § 10)

Utility easements shall be five feet in width across the rear of all lots in double tiers where required to locate utilities. In the case of single tier lots, the easement shall be 10 feet in width. Where easements are required on side lot lines, they shall be five feet in width on each side of the lot line. When water mains are required to reach fire hydrants, the easements shall be three feet in width. Anchor easements shall be five feet in width and 20 feet in length. A utility easement of seven and one-half feet in width adjacent to and along the exterior boundaries of a subdivision may be required in place of or in addition to those easements of the type and width hereinabove described in this section. (Ord. 2017-0009 § 10)

Utility easements shall be provided adjacent to all public right-of-way and shall be a minimum of 12.5 feet in width for utilities and street trees. (Ord. 2017-0009 § 10)

   A.   Easements for storm drains or flood control channels, slope rights, water mains, sewer mains, and other public uses shall be provided at locations and widths determined necessary by the advisory agency. In making its determination, the advisory agency shall be guided by the recommendation of the director of utilities and the director of public works.

   B.   Open space, public access, riverfront recreational and scenic easements shall be provided at locations and widths determined necessary to accomplish the objectives, policies and programs of the general plan and in accordance with the purposes and policies of these regulations, any other applicable specific plan of the city, and the requirements of the Subdivision Map Act. (Ord. 2017-0009 § 10)

Where determined by the planning and design commission to be necessary to promote the public health, safety or welfare, easements for centralized postal service facilities shall be provided in residential subdivisions. (Ord. 2017-0009 § 10)

   A.   Blocks shall be designed to allow for adequate building sites for the type of use proposed; to allow for convenient pedestrian and vehicular circulation, access, traffic control and safety; and with regard to limitations created by topography.

   B.   The width of the blocks shall ordinarily be sufficient to allow for two tiers of lots. Block lengths shall not exceed 1,500 feet, except in subdivisions where unusual topographic or other conditions exist. (Ord. 2017-0009 § 10)

At intersections, all block corners shall have minimum 20 foot radius curves at property lines. Greater radii or cut-offs may be required where necessary for traffic safety. (Ord. 2017-0009 § 10)

When determined necessary to promote the general welfare, and assure the orderly development of a community, residential lots within a proposed subdivision may be required to be increased in size to more closely conform to the size of existing nearby lots fronting on the same street. (Ord. 2017-0009 § 10)

Flag lots for any proposed usage may be approved if the following findings are made:

   A.   Either the flag lot is required by topographic conditions, or there is no alternative design for the development of the interior portions of excessively deep parcels; and

   B.   The flag lot will not be detrimental to public health, safety or welfare. (Ord. 2017-0009 § 10)

Lots proposed for single-unit and duplex dwellings shall not have access to two parallel streets. (Ord. 2017-0009 § 10)

No lot shall be divided by a city or county boundary line. (Ord. 2017-0009 § 10)

Remnants of property that do not conform to lot requirements or are not required for a public or private utility or other public use or approved access purpose shall not be created by or left in a subdivision. (Ord. 2017-0009 § 10)

All lots shall be graded to provide adequate, positive drainage. Provision shall be made for proper erosion control, including the prevention of sedimentation or damage to off-site property. (Ord. 2017-0009 § 10)

All areas within a subdivision designated or planned as open space or for use for park or recreation purposes shall be either:

   A.   Designated as a separate parcel or parcels and dedicated or offered to the city for park and recreation purposes; or

   B.   Designated as a separate parcel or parcels and maintained as common open space within an approved planned development, condominium or community apartment project; or

   C.   Contained within the various lots of the subdivision and maintained by the owners of such lots. (Ord. 2017-0009 § 10)

Storm drains shall be designed in conformance with general drainage standards adopted by the director of utilities. (Ord. 2017-0009 § 10)

Where access to lots or structures within a planned development, condominium or community apartment project is to be provided by a system of private streets, the width, design and configuration of the street system shall be adequate to permit the safe deployment of fire equipment or other services under emergency conditions. (Ord. 2017-0009 § 10)

The configuration of lots and the design of improvements required by this chapter shall to the extent reasonable under the circumstance preserve indigenous natural resources including native trees, shrubs, wildlife and their habitat. (Ord. 2017-0009 § 10)

   A.   The design of all subdivisions shall provide adequate drainage to reduce exposure to flood damage and shall conform to the requirements of chapter 15.104, Floodplain Management Regulations, the national flood insurance program regulations, set forth in Subchapter B of Title 44 of the Code of Federal Regulations Parts 59 and 60, and the California Department of Water Resources urban level of flood protection substantial evidence requirements, when applicable.

   B.   All subdivision improvement plans shall show the measured elevations of the constructed finished floor elevations or building sites. The plans shall be certified by a licensed land surveyor or registered engineer licensed to practice land surveying in the State of California, as to being constructed to the elevations shown, and should be submitted to the director of public works and director of utilities upon completion of the subdivision improvements.

   C.   All subdivision proposals shall be consistent with the need to minimize flood damage.

   D.   All subdivision proposals shall have public utilities and facilities, including sewer, gas, electrical, and water systems, located and constructed to minimize flood damage. (Ord. 2017-0009 § 10)

   A.   It is the purpose and intent of this chapter to require a building permittee or parking facility permittee to dedicate property for street purposes and to improve such dedicated property in accordance with the requirements and standards set forth herein. The council finds and determines that the regulations set forth in this chapter are both reasonable and necessary for the following reasons:

      1.   The population growth and industrial growth of the Sacramento metropolitan area over the past decades has been accompanied by an even greater increase in the number of vehicles used on the streets within the city with resulting street and highway deficiencies; and

      2.   Plans for the improvements of streets within the city have been prepared but that the lack of public funds for the implementation of such plans has prevented the attainment of goals set forth therein and will prevent their attainment for decades in the future; and

      3.   The improvement and development of property for uses other than those set forth in section 17.502.040 generate an increase of traffic in the immediate vicinity of such property and that the improvements of such streets confer a direct benefit upon the owners and users of the developed property.

   B.   Definitions. The following definitions shall apply to this chapter:

      1.   "Adopted street standards" means the standard street sections adopted on October 9, 1998, by city council Resolution 98-510.

      2.   "Right-of-way guidelines" means the right-of-way width guidelines adopted on May 6, 1999, by city council Resolution 99-209. (Ord. 2017-0009 § 11)

   A.   No building or structure shall be erected or enlarged, and no building permit shall be issued therefor, on any lot if the lot abuts on a dedicated street, or a future street designated on a community plan, or on a street right-of-way designated in the current right-of-way width guidelines established pursuant to section 17.502.170, unless:

      1.   The one-half of the street or streets located on the same side of the street centerline as the lot has been dedicated and improved for the full street frontage of the lot and one traffic lane on the far side of the street for travel is constructed in accordance with the dedication and improvement standards for such street or streets pursuant to sections 17.502.170, 17.502.180, 17.502.190 and other applicable provisions of this chapter; or

      2.   Such dedication and improvements have been assured to the satisfaction of the director of public works.

   B.   The dedication and improvement requirements of this chapter shall also apply to the construction or alteration of all off-street parking areas, off-street loading or unloading areas, off-street pickup and delivery areas, and storage, sale, rental or service areas which are subject to the requirements of chapter 10.24. The term "building permit," as used in this chapter, includes the permit required by chapter 10.24.

   C.   As used in this chapter, the word "lot" means and includes one lot or parcel of record, or more than one individual lots or parcels of record which have been combined for purposes of development, construction or improvement as a single unit of land.

   D.   An owner of real property fronting a public street that is improved with street paving and curbs and gutters shall not be issued a building permit for new construction when concrete sidewalks have not been installed unless the owner, either as part of the construction covered by the building permit or under separate agreement satisfactory to the building inspector, constructs public sidewalks to city standards.

      1.   The provisions of this subsection shall apply to all property in other than residential use except in industrial areas where a "V" type curb and gutter has been installed.

      2.   The provisions of this subsection shall only apply to property in residential use in blocks where the frontage of existing sidewalks, when added to the frontage of unimproved properties, constitutes more than 50 % of the front footage of such block.

      3.   The term "block" as used in this section means property facing one side of any street between an intersecting street and the next intersecting street or between an intersection street and the end of a street which terminates in other than an intersection.

      4.   The city council may, upon application of a property owner affected by the provisions herein, waive the requirements for installation of sidewalks because of unusual circumstances or hardship. (Ord. 2017-0009 § 11)

Dedication requirements shall be subject to the following conditions:

   A.   The maximum area of land required to be dedicated shall not exceed 25% of the total lot area. In no event shall such dedication reduce the lot below a width of 50 feet or an area of 5,000 square feet.

   B.   No such dedication shall be required with respect to those portions of such a lot presently occupied by a building which was existing on the effective date and which will continue to exist following the completion of the work proposed in the building permit.

   C.   No additional improvement shall be required on such a lot where complete roadway, curb, gutter and sidewalk improvements exist within the present dedication contiguous thereto; provided, however, required additional dedications for future street construction shall be made.

   D.   No building or structure shall be erected on any such lot after the effective date within the area of dedication required by this chapter. (Ord. 2017-0009 § 11)

The provisions of section 17.502.020 do not apply to the following:

   A.   The creation of an off-street parking area in connection with the construction or improvement of a single-family or two-family residence.

   B.   Additions and accessory buildings incidental to a residential building legally existing on the lot, provided no additional dwelling units or guest rooms are created.

   C.   Additions and accessory buildings incidental to other than a residential building existing on the lot on the effective date provided that the total cumulative floor area of all such additions and accessory buildings shall not exceed five hundred square feet.

   D.   The creation of, the alteration of, or the addition to an off-street parking area, off-street loading or unloading area, off-street pickup and delivery area, or storage, sale, rental or service area, subject to the permit requirements of chapter 10.24, when the additional surfaced area created thereby does not exceed 1,000 square feet, or 10% of the gross area of the lot, whichever is the lesser sum. (Ord. 2017-0009 § 11)

   A.   Any person required to dedicate land by the provisions of this chapter shall prepare and make an offer to dedicate property executed by all persons having an interest in the land to be dedicated including, but not limited to, beneficiaries and trustees in deeds of trust as shown by a current preliminary title report prepared by a title company approved by the director of public works for that purpose. Such report shall be furnished by the applicant. Such offer shall be on a form approved by the city attorney, shall be in such terms as to be binding on the owner, his or her heirs, assigns or successors in interest; and shall continue until the director of public works accepts or rejects such offer or until one year from the date such offer is filed with the director of public works for processing, whichever occurs first. The offer shall provide that the dedication will be complete upon acceptance by the director of public works. The offer shall be recorded by the director of public works in the office of the county recorder of Sacramento County upon its acceptance. If the offer is rejected or not processed within one year, the director of public works shall issue a release from such offer unless the parties making the offer wish to have the time extended.

   B.   For purposes of this chapter, dedication shall be considered as satisfactorily assured when the director of public works accepts for recordation the offer to dedicate provided for herein. (Ord. 2017-0009 § 11)

Any person required to make improvements by the provisions of this chapter shall either make and complete the same to the satisfaction of the director of public works and director of utilities, or shall enter into an agreement with the city upon mutually agreeable terms to thereafter make the improvement required by this chapter. The agreement shall be secured by a bond filed with the director of public works by the permittee and shall be in an amount as the director of public works shall estimate and determine to be necessary to complete the required improvements. A letter of credit may be used to secure the agreement if acceptable to the director of public works. (Ord. 2017-0009 § 11)

The agreement authorized by section 17.852.080 shall be executed by the director of public works on behalf of the city and shall be on a form approved by the city attorney. (Ord. 2017-0009 § 11)

The bond required by section 17.852.120 may be either a cash bond or a bond executed by a company authorized to act as a surety in this state. The bond shall be payable to the city and be conditioned upon the faithful performance of any and all work required to be done, and that should such work not be done or completed within the time specified, the city may, at its option, cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The bond shall be executed by the owner of the lot as principal, and if a surety bond shall also be executed by a corporation authorized to act as a surety under the laws of the state. (Ord. 2017-0009 § 11)

Whenever the owner elects to deposit a cash bond, the city is authorized, in the event of any default on his or her part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner. (Ord. 2017-0009 § 11)

Whenever a surety bond has been filed in compliance with this chapter, the city is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all damage sustained by the city by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and in addition may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof. (Ord. 2017-0009 § 11)

When a substantial portion of the required improvement has been completed to the satisfaction of the director of public works and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the director of public works may accept the completed portion and consent to a proportionate reduction of the surety bond or the cash bond in an amount estimated and determined by the director of public works to be adequate to assure the completion of the required improvements remaining to be made. (Ord. 2017-0009 § 11)

The term of the bond shall begin on the date of the deposit of cash or the filing of the surety bond, and shall end upon the date of the completion to the satisfaction of the director of public works of all improvements required to be made. The fact of such completion shall be endorsed by a statement thereof signed by the director of public works, and the deposit shall be returned to the owner, or the surety bond may be exonerated at any time thereafter. (Ord. 2017-0009 § 11)

For purposes of this chapter, improvement shall be considered as satisfactorily assured when the director of public works enters into the agreement which is secured by the cash or surety bond provided for herein, when the improvement required to be made has been completed to his or her satisfaction or when he or she accepts a cash payment in lieu of immediate improvement. (Ord. 2017-0009 § 11)

   A.   All plans for street improvements shall be approved by the director of public works and the director of utilities prior to the construction of the improvements. Plans shall be drawn by a licensed civil engineer or licensed architect and shall show all pertinent elevations, to city datum, together with such off-site information as necessary to demonstrate workability of drainage and conformity with existing improvements.

   B.   The owner shall furnish one set of reproducible plans of the street improvements for the department of public works file. Fees for engineering services provided by the city will be established by resolution of the city council. Additional fees will be charged for unusual or extraordinary services. The issuance of a building permit shall constitute the necessary encroachment permit for a properly licensed contractor to do street work in the public street. (Ord. 2017-0009 § 11)

When all dedication and improvements required by this chapter have been completed or satisfactorily assured, the building or off-street parking permit may be issued. (Ord. 2017-0009 § 11)

On a lot which is affected by street dedication and improvement requirements imposed by this chapter, all required yards, setbacks, parking areas, loading space and building locations for new buildings or structures or additions to buildings or structures shall be measured and calculated from the new lot lines being created by such street dedication and improvement. (Ord. 2017-0009 § 11)

   A.   Dedications required under this chapter shall conform to and shall be governed by the right-of-way widths established for city streets under all applicable provisions and procedures of the adopted street standards and the right-of-way width guidelines, provided that, in the event of any conflict between the adopted street standards and the right-of-way width guidelines, the required dedication shall conform to the adopted street standards then in effect; and provided further that:

      1.   For any streets designated as an on-street bikeway in the Sacramento bikeway master plan adopted by city council Resolution No. 76-195 or any successor resolution then in effect, an additional 10 feet of right-of-way width shall be dedicated, unless the adopted street standards for the subject roadway includes bike lanes.

      2.   In the event of any conflict between the right-of-way width specified above and a right-of-way width which may be specified in an element of the general plan or in any applicable specific plan, the required dedication shall conform to the applicable general plan or specific plan requirements.

   B.   A copy of the city's current right-of-way width guidelines shall be maintained for public review in the office of the city clerk, and also shall be included in the city of Sacramento department of public works design and procedures manual. (Ord. 2017-0009 § 11)

If the right-of-way width for a street has not been designated in the adopted street standards or in the right-of-way width guidelines, or in an element of the general plan, or in any applicable specific plan, the dedication required for such street under this chapter shall conform to and be governed by the right-of-way width determined by the city's director of public works in accordance with standards that are commonly used for the design of a similar public street. (Ord. 2017-0009 § 11)

   A.   The right-of-way improvement standards applicable to the land dedicated pursuant to this chapter are as follows:

 

 

In the event that the proposed right-of-way width is not one of the widths specified above, the director of public works shall determine the improvement standards in accordance with standards that are commonly used for the design of a similar width public street.

   B.   Minor deviations from the requirements set forth above may be approved by the director of public works.

   C.   All improvements required to be made by the provisions of this chapter shall be constructed and completed in accordance with the applicable provisions of: (1) the current standard specifications of the city, as adopted by the city council; and (2) the street design standards of the city's current design and procedures manual

   D.   Modifications of the Standard Streets for in-fill developments may be approved by the director of public works. It is recognized that the standard streets may not be directly applicable to in-fill development. As a result, the street standards are intended to be flexible when applied to in-fill projects so the standards may be modified to fit a particular situation. Examples of reasons for modification of the standards include the need to match existing improvements, to promote high residential density in the medium- and high-density zones, to ensure a safe and appropriate design and to accommodate physical design constraints. When determining whether a standard or non-standard street design is appropriate for an in-fill project, a case-by-case evaluation of each location should be used to determine the appropriate street design, and the guidelines listed below should be applied. In all cases, proper engineering judgment and practices must be applied to the design of the street.

      1.   Determination of the appropriate street improvements for a particular project should be made upon consultation with the director of public works for overseeing in-fill development;

      2.   In general, the street standards should be applied to projects with more than 200 feet of street frontage and where street frontage improvements are required;

      3.   If the site has less than 200 feet of street frontage, required street improvements should match existing improvements on the roadway; and

      4.   The 200 foot length requirement may be modified if the site is on a corner, the site is on a block that does not have any other frontage improvements, there is an opportunity to adequately transition street improvements to other existing improvements, or some other similar limitations exist. If necessary to separate the sidewalk from the curb, the use of pedestrian access easements outside the right-of-way or other similar modification may be used. (Ord. 2017-0009 § 11)

   A.   The director of public works and the director of utilities may approve and allow such variations and deviations from the dedication and improvement requirements of this chapter as determined necessary by the conditions of the terrain and the existing improvements contiguous to the property involved or may accept a cash payment in lieu of immediate improvements of the dedicated right-of-way, which is based upon the director of public works current estimate of improvement costs.

   B.   Such in-lieu payments shall be held by the city in a special fund and used for the future improvement of the dedicated right-of-way. In any case, where the director of public works determines that some or all improvements required by this chapter are inappropriate based on the disproportionate cost of improvements to the cost of the development for which the permit is sought or based on physical conditions at the site, the director of public works may waive the requirement to install some or all of the improvements. (Ord. 2017-0009 § 11)

   A.   Notwithstanding section 17.812.060, any person required to dedicate land or to make improvements under the provisions of this chapter may appeal any determination made by the director of public works in regard to such matters to the city council. The appeal shall be in writing and shall be filed with the city clerk who shall present it to the council. The council shall set such appeal for hearing on a date not later than 30 days after the date on which the appeal is presented to the council by the clerk. The council shall direct the clerk to give written notice of the hearing date to the appellants at their address given in the written appeal.

   B.   If the matter appealed involves setback requirements or the location of structures in relation to setback lines, the appeal shall first be heard by the city planning and design commission.

   C.   Appeals involving such matters shall be presented in writing to the planning director and shall be scheduled and heard by the planning and design commission as a variance proceeding. The filing and investigation fee provided for by the Planning and Development Code shall be applicable to such hearings unless waived by the planning director. Decisions from determinations of the planning and design commission may be appealed to the council in the same manner as an appeal involving the granting or denial of a variance.

   D.   The city council may make such modifications in the requirements of this chapter or may grant such waivers or modifications of the determinations which are appealed to them hereunder as it shall determine to be required in order to prevent an unreasonable hardship under the facts of each case; provided, however, that each such modification or waiver shall be in conformity with the general spirit and intent of the requirements of this chapter. (Ord. 2017-0009 § 11)

   A.   The director of public works may accept and provide for contribution toward the cost of making any improvement required by the provisions of this chapter which he or she determines will cost an amount substantially in excess of the cost to the other property owners who are required to make improvements under the provisions of this chapter in the immediate vicinity of the improvement.

   B.   In addition, when a street to be dedicated and improved has a proposed improvement width in excess of 40 feet from face of curb to face of curb, the city may contribute a percentage of the total costs of improvements. Such contributions shall be limited to the cost of improvement of that portion of the street between the centerline of the street and a line 20 feet from the proposed face of the curb. (Ord. 2017-0009 § 11)

   A.   For purposes of this chapter, the center of a street shall mean the center of the right-of-way lines determined pursuant to section 17.502.170 or section 17.502.180, or if a right-of-way line for a street has not been established pursuant to such sections, the center of the street shall be the center of the street as shown on the official records of the city and county.

   B.   Whenever uncertainty exists as to the proper application of the provisions of this chapter in the matter of street alignment, the director of public works shall determine their application in conformity with the spirit and intent of this section. (Ord. 2017-0009 § 11)

All applications for either off-street parking facility permits or building permits (for other than single or two-family residential structures) shall be submitted to the director of public works for review. If the director of public works determines that the provisions of this chapter are applicable to property on which the proposed structure, addition or off-street parking area is to be located, he or she shall inform the permit applicant of his or her determination, of the specific requirements of this section which he or she determines to be applicable thereto and of the availability and procedure for appeal of his or her determination to the city council. (Ord. 2017-0009 § 11)

As used in this chapter, the term "effective date" shall mean January 1, 1972. (Ord. 2017-0009 § 11)

The subdivider shall construct and install all improvements in streets, alleys, pedestrian ways, biking paths, channels, easements, and other rights-of-way as are necessary for the general use of residents of the subdivision and to meet local traffic and drainage needs in accordance with the provisions of this title. Pursuant to chapter 17.852, improvement plans shall be completed by the subdivider, and accepted by the director of public works and the director of utilities, prior to the acceptance of the final map or parcel map. (Ord. 2017-0009 § 12)

   A.   Improvements shall be constructed and installed in accordance with the accepted plans and in accordance with the applicable standards, specifications and permit procedures established by this code and resolutions of the city council.

   B.   Improvements shall be constructed and installed to permanent line and grade satisfaction of the director of public works and the director of utilities. (Ord. 2017-0009 § 12)

In all portions of a subdivision, utility lines, including but not limited to electrical, natural gas, telephone, cable television and street lighting service lines, shall be placed underground; provided, however, that incidental, appurtenant equipment like transformers, terminal boxes and meter cabinets may be placed above ground when, in the opinion of the director of public works, it is impractical under the circumstance of a given case to place them underground. (Ord. 2017-0009 § 12)

In addition to permanent improvements, temporary improvements may be required to be made prior to or concurrent with permanent improvements. (Ord. 2017-0009 § 12)

The improvements necessary as conditions of approval of a tentative map or a parcel map may include, but are not limited to, the following:

   A.   Grade and fill to a grade acceptable to the director of utilities and construct all necessary grade crossings, culverts, bridges and other related works;

   B.   Construct and install all drains, drainage facilities, channel improvements and other drainage works required to provide adequate drainage for the subdivision and to protect all lots and adjacent land from flood or overflow by storm or flood waters in accordance with the accepted plans for drains and drainage works;

   C.   Construct and install concrete curbs, gutters and sidewalks on both sides of every street and on the proximate side of each existing or dedicated street bordering the subdivision. If a street is an extension of a turnaround or temporary turnaround, the bulbed portion shall be removed and required improvements be installed;

   D.   Install or provide for the installation of water mains, sanitary sewer, storm drains, necessary appurtenances and all laterals required to serve each lot;

   E.   Relocate or provide for the relocation of any underground or overhead utility, including irrigation lines and traffic signal lines, the relocation of which is necessitated by development of the subdivision;

   F.   All underground utilities, sanitary sewers, storm drains and other facilities installed in streets or alleys shall be constructed prior to the paving of the street or alley. Service connections for all underground utilities and sanitary sewers shall be laid at lengths to avoid disturbing the street or alley improvements when service connections thereto are made;

   G.   Install asphalt concrete pavement, base material and seal coat in all existing or dedicated streets or portions thereof;

   H.   Install concrete sidewalks; concrete pavement in all existing or dedicated alleys, pedestrian ways and bikeways; provided, however, pedestrian ways and bikeways may be improved with asphaltic concrete pavement with the consent of the director of public works;

   I.   Provide for the planting of residential street trees of the species, condition, size, and in the location prescribed by the director of public works at an appropriate future date by payment of a fee to the city in the sums established by resolution of the city council for each interior residential lot and for each corner residential lot within the subdivision. Trees shall be planted by city forces, or at the discretion of the director of parks and community services, by private contractors. The director of public works shall give consideration to the provision of solar access, to the extent feasible, to residential dwellings at the time of selecting and planting of street trees;

   J.   Install or provide for the installation of street lighting facilities of approved design and illumination in the locations and in the manner approved by the director of public works;

   K.   Based on the estimate of costs approved by the traffic engineer, provide a deposit for the purpose of paying the city its actual costs incurred for installing warning devices and traffic signal equipment where required by traffic conditions related to the subdivision. Based on fees set from time to time by resolution of the city council, provide a deposit for payment to the city for installation of initial signs required for the subdivision by city signing practices;

   L.   Construct and install street barricades, guardrails, retaining walls, and safety devices in accordance with standard specifications;

   M.   Construct acceleration and deceleration lanes and traffic channelization devices in streets as are determined necessary by the director of public works;

   N.   Construct a six-foot woven wire fence or masonry wall along a subdivision boundary line, where the boundary line is adjacent to or across a public street, alley or pedestrian way from an open and unfenced canal, storm channel, railroad, quarry, airport or other facility;

   O.   Construct a sound reduction barrier where required by the general plan, applicable specific plans, or mitigation measures incorporated into the project during the CEQA process. The barrier shall be designed in accordance with standard specifications;

   P.   Improve bike paths with adequate fencing designed in accordance with standard specifications;

   Q.   Construct improvements required and included as mitigation measures pursuant to CEQA. (Ord. 2017-0009 § 12)

   A.   No person shall establish or maintain vehicular access from that portion of a street used for vehicular travel to property without constructing a driveway.

   B.   No person shall construct, repair, relocate or otherwise establish a driveway, nor shall any person cause to be constructed, repaired, relocated or otherwise establish a driveway without first obtaining a permit from the director of public works and paying the fee required by this chapter for plan check and inspection. Prior to issuance of a driveway permit by the director of public works, the city traffic engineer shall approve the location and design of the driveway upon the basis of traffic engineering principles and standards.

   C.   For the purposes of this chapter, "driveway" means the improved means of vehicular access from that portion of a street used for vehicular travel to the fronting property including the portion of the sidewalk lying within said way or means of access. A "driveway" including the flared portion shall be completely within the boundaries of the subject property.

   D.   No permit shall be required for standard single unit dwellings or duplex dwellings driveways abutting roll curbs where no construction in the public right-of-way is necessary; provided that such exempt driveways may not be constructed in violation of section 17.508.040, section 17.508.050, section 17.508.060, and section 17.508.070.

   E.   No permit shall be required for a driveway constructed as part of, or along with, other improvements for which public improvement plans showing the driveway are submitted to the city for approval. The permit and permit fees for such driveway shall be considered to be included with the fees collected for plan check and inspection of other public improvements. The construction of such driveway shall remain subject to all other requirements of this chapter. (Ord. 2017-0009 § 13)

Permit fees shall be established by resolution of the city council. Permit fees may be waived by the public works director where the driveway is reconstructed as part of a street construction project initiated by the city or other government agency. (Ord. 2017-0009 § 13)

   A.   In order to facilitate reasonable control of size and location of access to the public right-of-way and to protect the public safety, the director of public works shall require complete plot plans for all driveways serving a development other than single unit dwellings and duplex dwellings. All plot plans shall be to scale and shall additionally include the complete parking layout, buildings, doors, planters and other physical features; all pertinent off-site features such as existing and proposed paved streets, gutters, sidewalks, ditches, fences, poles, hydrants, valves, signals, trees, signs; other street furniture which may be near driveways or affect such driveways; and all existing driveways to remain or be removed.

   B.   The city traffic engineer may require a traffic engineering report and analysis if the city traffic engineer determines it is necessary to evaluate access to the public right-of-way. (Ord. 2017-0009 § 13)

The director of public works shall not issue permits for driveways and no person shall construct a driveway:

   A.   For a vacant lot where no immediate construction is expected to take place, except when the lot is used for agricultural purposes and the construction of a driveway is reasonably required for such usage;

   B.   Within the radius of the corner at an intersection;

   C.   In a turn lane if a hazardous condition would be created;

   D.   Within the taper area or next to an on-ramp or off-ramp;

   E.   Within 10 feet of a pedestrian ramp;

   F.   On any frontage where the abutting lot has no right of access;

   G.   Across a lot to serve another lot, unless there are established access rights;

   H.   Within 20 feet of another driveway, measured from the beginning of the driveway flair at the top of the curb, except for single unit dwellings and duplex dwellings or to create a one-way pair of driveways;

   I.   Within 10 feet of a property line between two contiguous lots that do not include dwelling units, measured from the beginning of the driveway flair at the top of the curb or future curb;

   J.   Within five feet of a property line between two contiguous residential properties measured from the ending of the driveway flair at the edge of walk;

   K.   At a location that would create hardships for the installation of public utilities;

   L.   At a T intersection where construction of a driveway will interfere with the establishment of crosswalks; and

   M.   At a location where the city traffic engineer determines, by established engineering standards, that a hazard would be created if a driveway is installed. (Ord. 2017-0009 § 13)

   A.   Residential Driveways. For residential driveways, the minimum driveway width shall be 10 feet; the maximum driveway width to serve a single-car parking area shall be 12 feet; and the maximum width serving a two-car parking area shall be 20 feet. Except as provided below, the parking area served by a residential driveway shall be a minimum of 20 feet in length measured from the right-of-way line.

Exception: For residential driveways serving one or two dwelling units on lots of 3,200 square feet or less located in the central city, the minimum length of the parking area served by the driveway shall be 18 feet measured from the right-of-way line, provided that if the driveway accesses an enclosed garage, the garage shall be equipped with a roll-up garage door.

   B.   Commercial Driveways. Commercial driveways shall be as follows:

      1.   One-way entrance: minimum width 16 feet, maximum width 25 feet;

      2.   One-way exit: minimum width 16 feet, maximum width 25 feet;

      3.   A one-way pair of driveways must be separated by 10 feet of full height curb;

      4.   Two-way driveways: minimum width 24 feet, maximum width 35 feet.

   C.   Industrial Driveways. The requirements for industrial driveways are the same as the requirements for commercial driveways, except the maximum width for a one-way entrance is 40 feet; the maximum width for a one-way exit is 35 feet; and the maximum width for two-way driveways is 45 feet.

   D.   Dimensions. All dimensions in this section shall be based on the bottom width (or the flat portion) of the driveway, measures at the curb where curbs are in place. Where curbs are not in place, dimensions will be measured at the ditch or flow line, or seven feet from the right-of-way line on the street side of the right-of-way line if no ditch and no curbs are in place. (Ord. 2017-0009 § 13)

A lot will be permitted only the smallest number of driveways necessary to serve that lot. The city traffic engineer shall establish reasonable limitations concerning the number of driveways necessary to serve a lot subject to the following limits:

   A.   For lots with less than 100 feet of frontage, the total driveway width, including the flared portion, shall not exceed 60% of the frontage;

   B.   For lots that have between 100 and 200 feet of frontage, the total driveway width shall not exceed 60 feet or 50% of the frontage, whichever is greater; and

   C.   For lots with frontage that exceeds 200 feet, the number of driveways will be determined by established engineering standards. (Ord. 2017-0009 § 13)

   A.   Except on minor local streets where the size or shape of the lot is such that development would be otherwise precluded, no commercial driveway, industrial driveway, or parking area shall be designed to require a vehicle to back into or out of the public right-of-way.

   B.   All driveways shall have an approach grade of at least 2% and no greater than 10% within 20 feet of the public right-of-way.

   C.   If required by the city traffic engineer, acceleration or deceleration lanes may be required on narrow or high speed roads or for large shopping centers, industrial developments, or other large developments.

   D.   Unless approved by the city traffic engineer, no gates or other obstructions may be placed within 20 feet of the public right-of-way on entrance driveways.

   E.   Site access via alleys.

      1.   Site access via an alley does not require a driveway permit.

      2.   Sections 17.508.040 and 17.508.060 and subsections A through D of this section do not apply to alley access.

      3.   Unless the design is approved by the city traffic engineer, if residential access to a garage is provided via an alley, the garage shall be set back four feet from the right-of-way line. (Ord. 2019-0006 § 10; Ord. 2017-0009 § 13)

The spacing between driveways and the distance from a driveway to an intersection must be approved by the city traffic engineer and shall be based on the City of Sacramento Department of Public Works design and procedures manual, consistent with traffic engineering principles and standards. (Ord. 2017-0009 § 13)

   A.   A variance is a waiver or modification of a requirement contained in section 17.508.040 through section 17.508.070. The following criteria must be satisfied before a variance will be approved:

      1.   A variance may be approved if justified by special conditions that prevent strict compliance with the requirements of this chapter.

      2.   A variance is not a special privilege available to only one property owner. The circumstances must be such that the same variance would be appropriate for any property owner facing similar circumstances.

      3.   A variance will only be approved if granting the variance would not create a potential hazard or a threat to public health or safety.

   B.   An application for a variance shall be filed with the city traffic engineer, who shall have authority to grant or deny the variance. A variance, if approved, may be made subject to conditions as are necessary to accomplish the purposes of this chapter. Upon approval of a variance, written notice of the approval shall be sent, by mail, to owners of property abutting the property where the variance has been granted. This written notice shall include the name of the applicant, location of the subject property, nature of the variance and shall provide notice of the right to appeal the approval of the variance in accordance with section 17.508.140.

   C.   For a driveway permit that requires a variance, no permit shall be issued and no public improvement plans shall be approved:

      1.   until the traffic engineer grants the variance and the period to appeal has expired; or

      2.   until the director of public works approves the variance on appeal.

   D.   If an application for a variance is denied by the city traffic engineer or by the director of public works on appeal no new application for the same or substantially the same variance shall be filed within one year after the date of denial unless the director of public works authorizes the filing of the new application.

   E.   An application for variance shall be accompanied by a filing and investigation fee established by resolution of the city council. (Ord. 2017-0009 § 13)

Substantial modifications of parking areas, maneuvering areas, or buildings served by a driveway shall constitute a new plan of operation. In all such cases, new applications for driveways must be submitted, including all plans and payment of all fees. (Ord. 2017-0009 § 13)

   A.   All abandoned driveways shall be removed by the lot owner within 60 days of the abandonment or within 45 days from the time the city traffic engineer gives the lot owner written notice, whichever occurs first.

   B.   All driveway removals shall be the responsibility of the lot owner, and all work shall be done at the owner's expense. Work in the public right-of-way shall be in accordance with the city standard specifications in effect at the time the permit is issued. (Ord. 2017-0009 § 13)

Driveway permits must be obtained prior to the issuance of building permits or parking facility permits. Driveway permits must be available at the site at the time construction begins and must remain available at the site during constructions until final driveway inspection. (Ord. 2017-0009 § 13)

   A.   Construction of all driveways in the public right-of-way shall be in accordance with the standard specifications of the city and under the inspection of the director of public works.

   B.   All construction in public right-of-way shall be completed in the shortest reasonable time. Construction not completed within the period provided for in the permit may be completed by the city and costs may be placed as a lien on the lot. (Ord. 2017-0009 § 13)

   A.   Any person who installs, or causes to be installed a driveway without obtaining a required permit is liable for the cost of restoration of the public right-of-way to its original condition.

   B.   Any person who begins construction of a driveway before obtaining a required permit shall be required to pay three times the standard permit fee for a permit.

   C.   Any person who installs a driveway without obtaining the required inspection of forms may be required to remove all surfacing materials for inspection of subgrade. (Ord. 2017-0009 § 13)

Any person may appeal to the director of public works an action taken under this chapter by the city traffic engineer, by filing a notice of appeal with the department of public works. The notice of appeal shall be filed with the department of public works no later than 10 days after the city traffic engineer's action, except that an appeal of a variance granted pursuant to section 17.508.080 shall be filed no later than 10 days after written notice is mailed to owners of property abutting the property where the variance has been granted, as specified in section 17.508.080.B. Upon receipt of a timely and complete notice of appeal, the department of public works shall schedule a date and time when the appeal will be heard by the public works director. Notice of the date, time, and location of the hearing shall be mailed to the person filing the notice of appeal no later than 10 days prior to the date of the hearing. (Ord. 2017-0009 § 13)

As a condition of approval of a tentative map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes as required in this chapter. (Ord. 2017-0009 § 14)

   A.   When parkland dedication required. Where a recreational or park facility is designated in the general plan or a specific plan, or the subdivider proposes to locate a recreational or park facility in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local recreation or park facility sufficient in size and topography to serve the residents of the subdivision.

   B.   Calculation of required parkland dedication.

      1.   The amount of land to be dedicated shall be determined according to the formula D x F = A in which:

         a.   D = the number of dwelling units;

         b.   F = a "factor" herein described;

         c.   A = the buildable acres to be dedicated.

      2.   A buildable acre is a typical acre of the subdivision, with a slope less than 10%, and on which building is not excluded because of flooding, public rights-of-way, easements, or other restrictions.

      3.   The factor in subsection B.1.b varies based on the type of dwelling units in the subdivision. Each factor is a constant based on census data that, when multiplied by the number of dwelling units permitted in the subdivision, will produce 1.75 acres per 1,000 population within the Central City Community Plan Area and 3.5 acres per 1,000 population within the remainder of the city. These factors are as follows:

      FS =.0047 relating to single-unit dwellings in the Central City Community Plan Area;

      FD =.0041 relating to duplex dwelling units in the Central City Community Plan Area;

      FM =.0037 relating to multi-unit dwellings in the Central City Community Plan Area;

      FS =.0095 relating to single-unit dwellings in the remainder of the city;

      FD =.0082 relating to duplex dwelling units in the remainder of the city; and

      FM =.0074 relating to multi-unit dwellings in the remainder of the city.

   C.   Determination of the number of dwelling units-multi-unit dwellings. Unless the subdivider enters into an agreement with the city for a lower density, the number of dwelling units on parcels that allow multi-unit dwellings or on parcels created by a master parcel map that will be further subdivided shall be determined as follows:

      1.   When a rezoning application accompanies the tentative map, the number of dwelling units shall be calculated according to the highest density of the zoning designation applied for;

      2.   When a rezoning application does not accompany the tentative map, the number of dwelling units shall be calculated according to the highest density of the existing zoning designation or existing specific plan density designation, whichever allows the highest density.

If all or a portion of the parkland dedication requirement is satisfied by payment of a fee under section 17.512.030 and, upon completion of build-out of the multi-unit dwellings or the recording of the final map for the last subdivision of a parcel created by a master parcel map, the actual number of dwelling units built or number of single-family lots created is less than the number of dwelling units determined under paragraph 1 or 2 of this subsection, then the subdivider may, within five years after payment of the fee, apply for a refund, without interest, of the difference between the fee actually paid and a fee calculated based on the actual density.

   D.   Determination of the number of dwelling units-attached dwelling units. Where individual lots that share a common wall are included in a subdivision, the attached dwelling units shall be considered single unit dwellings for the purpose of calculating the parkland requirement.

   E.   Required improvements on dedicated land. The subdivider shall:

      1.   provide full street improvements, including but not limited to, curbs, gutters, street paving, traffic control devices, street lights, and sidewalks, to land that is dedicated pursuant to this chapter;

      2.   provide fencing that meets city standards along the property line of that portion of the subdivision contiguous to the dedicated land;

      3.   provide improved surface drainage through the site;

      4.   provide water taps to the site, or if the site is larger than five acres, a water well may be required under section 13.04.845; and

      5.   provide other improvements that the city council determines are essential to the acceptance of the land for recreational purposes. (Ord. 2017-0009 § 14)

   A.   The subdivider shall, in lieu of dedication of land, pay a fee equal to the value of the land prescribed for dedication in section 17.512.020 if:

      1.   There is no park or recreational facility designated in the city's recreation and park plan, community plan, or specific plan to be located in the area proposed for development;

      2.   A park site is not designated on a subdivision map to be located in whole or in part within the proposed subdivision to serve the needs of the residents of the subdivision; or

      3.   The city council requires payment of the in lieu fee. The amount of the fee shall be determined under the provisions of section 17.512.040. The fee shall be used for recreational and park facilities to serve the residents of the area being subdivided.

   B.   If the proposed subdivision contains 250 or fewer dwelling units, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in section 17.512.020. The amount of the fee shall be determined under the provisions of section17.512.040. (Ord. 2017-0009 § 14)

   A.   When a fee is to be paid in lieu of land dedication, the amount of the fee shall be based on the fair market value, plus 20% for off-site improvements like utility line extensions, curb, gutter and pavement, and street lights.

   B.   For purposes of calculating the in-lieu fee under this section, the fair market value is determined as follows:

      1.   Appraisal. The subdivider shall request that an appraisal be prepared pursuant to the procedures set forth below, and shall pay the in-lieu fee based upon the fair market value established in that appraisal.

         a.   Upon request of the subdivider, the city shall cause an appraisal to be made by a person on the city's list of approved appraisers, who is qualified as a certified general real estate appraiser by the California office of real estate appraisers, and who meets the standards specified in the uniform standards of professional appraisal practice. The costs of the appraisal and the city's review of the appraisal must be paid by the subdivider to the city in advance. The appraiser shall appraise the property at its unencumbered (free and clear) value, as if at the approved tentative map stage of development and as if any assessments or other encumbrances to which the property is subject had been paid in full prior to the date of the appraisal. Factors to be considered during the evaluation shall include the following:

            i.   Conditions of the tentative subdivision map, including all required street and utility improvements facilitating use of the property;

            ii.   The general plan;

            iii.   Zoning and density;

            iv.   Property location;

            v.   Offsite improvements facilitating use of the property;

            vi.   Site characteristics of the property; and

            vii.   Existing public improvements.

         b.   The appraisal shall value the property as of a date no earlier than 90 days prior to the recording of the final map or parcel map, or the payment of the fee, whichever occurs later. The appraisal shall clearly state the fair market value of the property.

      2.   Alternative: Area Valuation. The city council may, by resolution, approve a fixed market value per acre of land as determined to be appropriate by the city council. The values so established shall be updated periodically, and once established may be used, at the option of the subdivider, in place of the appraisal process provided in paragraph 1 of this subsection to determine the market value per acre of the property to be subdivided for purposes of calculating the inlieu fee. (Ord. 2017-0009 § 14)

Fees collected pursuant to this chapter shall be used and expended solely for the acquisition, improvement, and expansion of the public parks, playgrounds and recreational facilities reasonably related to serve the needs of the residents of the proposed subdivision. The fees may also be used for the development of recreational areas and facilities on public school grounds that provide a desirable recreational site and immediate access to a public street. (Ord. 2017-0009 § 14)

When the proposed subdivision lies within an area not within the general plan but to subsequently be included within the city's general plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, according to the adopted park and recreational principles and standards of the city's general plan and according to the provisions of this chapter. (Ord. 2017-0009 § 14)

Whether 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.   Recreation and parks plan, and element of the city's general plan;

   B.   Topography, geology, access and location of land in the subdivision available for dedication;

   C.   Size and shape of the subdivision and land available for dedication;

   D.   Feasibility of dedication;

   E.   Compatibility of dedication with the city's recreation and park plan; and

   F.   Availability of previously acquired park property. The determination of the city council whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. (Ord. 2017-0009 § 14)

Any fees collected under this chapter shall be committed within five years after payment of the fee or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fee is not committed, it shall be distributed and paid to the then-record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. (Ord. 2017-0009 § 14)

   A.   The city may grant credit for privately owned and maintained open space or local recreation facilities, or both, toward the dedication requirement. Credit is subject to the following requirements:

      1.   Yards, court areas, setbacks, and other open space areas required to be maintained by this title and other regulations shall not be considered private open space or local recreation facilities and shall not be eligible for local recreation credit. Projects that deviate from required open space standards are not eligible for local recreation credit;

      2.   Provision is made by written agreement or other contractual instrument, or recorded covenants running with the land that the areas shall be adequately maintained;

      3.   The use of private open space or recreation facilities is limited to park and local recreation purposes and shall not be changed to another use without the express written consent of the city council;

      4.   Projects may receive a maximum credit of 25%; and

      5.   The total square footage of the private open space and facilities shall be subtracted from the total area of parkland required.

   B.   Private land or facilities, or both, that may qualify for credit toward the parkland requirement will generally include the following types of open space or local recreation facilities:

      1.   Open spaces, which are generally defined as parks, extensive areas with tree coverage, low land along streams or areas of rough terrain when the areas are extensive and have natural features worthy of scenic preservation, golf courses, or open areas on the site in excess of 20,000 square feet;

      2.   Hard game courts (hard paved surface dedicated for active recreation uses like tennis, basketball, pickleball, handball, racquetball, roller hockey, or shuffleboard) or soft game courts (either real or artificial turf surfaces with required safety zones for badminton, croquet, lawn bowling, tennis, bocce, horseshoes or volleyball) that comply with current city standards;

      3.   Swimming pools, including deck and surrounding turf area;

      4.   Community rooms, recreation buildings or rooms, or spas;

      5.   Garden areas of at least 900 square feet, with a minimum width of 30 feet, containing a combination of paving or landscaping of plant varieties or designed in a way to encourage enjoyment of the garden (i.e., showy plants), or having garden plots for the exclusive use of the residents;

      6.   Tot lots or children's play areas that comply with California playground regulations and current city standards;

      7.   Picnic areas (facilities containing benches, at least three tables, barbecue pits and trash receptacles) that comply with current city standards;

      8.   Turf playing fields (uninterrupted, contiguous turf facilities to accommodate informal or formal active recreation activities like field sports) of at least 8,000 square feet;

      9.   Plaza areas of at least 900 square feet, with a minimum width of 30 feet, containing a combination of paving or landscaping and amenities like seating or tables to encourage social gatherings;

      10.   Other recreational amenities, subject to a finding by the director of parks and recreation that the special recreational benefit to the development is not otherwise provided in park and recreational facilities.

   C.   Joint use public park and stormwater detention facilities are eligible for 80% parkland dedication credit if all the following criteria are met:

      1.   For every three acres of joint use parkland no less than one-half acres of parkland above flood level is required;

      2.   The joint use parkland is well drained and suitable for parkland improvements;

      3.   The basin floor shall have a minimum of 8,000 square feet of uninterrupted, flat area, suitable for active recreational purposes, with a grade from 2% up to 3%; and

      4.   Basin sideslopes in excess of 10% slope, vegetated swales, infiltration basins, or intake facilities around drain inlets or other drainage appurtenances shall not be eligible for parkland credit.

   D.   A subdivider shall receive credit for land dedicated or fees paid pursuant to this chapter under a previously approved final map or parcel map in the event a new map is submitted for approval. The credit shall be subtracted from the dedication or fee required under this chapter for the new map. The city shall not be required to return any fee paid or any land dedicated pursuant to this chapter as a condition of a previously approved final map or parcel map. (Ord. 2017-0009 § 14)

   A.   The dedication requirement shall be indicated as a condition of approval on a tentative map, including the following information, where applicable:

      1.   The amount of land to be dedicated;

      2.   That a fee be charged in lieu of dedication;

      3.   That both dedication and a fee be required;

      4.   That a credit be given for private recreation facilities, unique natural and special features, or for any other reason provided in section 17.512.100;

      5.   The location of the park land to be dedicated; and

      6.   The approximate time when development of the park or recreation facility shall commence.

   B.   At the time of filing a final map or parcel map, the subdivider shall dedicate the land and pay the fee, as indicated in the conditions of approval. If a parcel map is not filed because it has been waived, the subdivider shall pay the fee required by the applicable tentative map or as prescribed in section 17.512.030. The amount of the fee shall be determined according to section17.512.040, and payment shall be made prior to issuance of the certificate of compliance. To receive credits as provided for in section 17.512.090, open space covenants for private park or recreational facilities shall be submitted to the city council prior to approval of the final map or parcel map and shall be recorded contemporaneously with the final map or parcel map. (Ord. 2017-0009 § 14)

The provisions of this chapter shall not apply to subdivisions:

   A.   Not used for residential purposes. Provided, however, that a condition shall be placed on the approval of the subdivision that if a building permit is requested for construction of one or more residential structures on any of the parcels within four years of recording the map, the owner of each parcel shall be required to pay an in-lieu fee pursuant to this chapter, calculated as of the date the building permit is issued, as a condition to the issuance of a building permit; a note to this effect shall be placed on the final map or parcel map.

   B.   To permit separate ownership of two or more existing residential dwelling units when all units are more than five years old and no new units are added. (Ord. 2017-0009 § 14)

All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the planning and design commission or the city council if the planning and design commission or the city council determines that public street access is unnecessary for the maintenance of the park area or use thereof by the residents. (Ord. 2017-0009 § 14)

If, during the ensuing times between dedication of land for park purposes and the commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (like a gift of park land or change in school location) by mutual agreement of the subdivider or owner and the city council, the land may be sold upon the approval of the city council with the resulting funds used for the purchase of a more suitable site. (Ord. 2017-0009 § 14)

   A.   At the time of filing a final map or parcel map that includes less land than is included in the tentative map, the director of parks and recreation shall recalculate the amount of land required to be dedicated in accordance with this chapter, based on the land included in the proposed final map or parcel map.

   B.   If it is determined at the hearing on the tentative map the requirements of this chapter would be satisfied by the payment of a fee or that land located within the proposed final map or parcel map be dedicated and the amount of the land is equal to or smaller than the amount of land required to be dedicated pursuant to subsection A of this section, the subdivider shall dedicate the land or pay the fee, or both, at the time of filing the final map or parcel map.

   C.   If at the hearing on the tentative map it is determined that the requirements of this chapter would be satisfied by the dedication of land located outside the proposed final map or parcel map or the amount of land required to be dedicated at the time of approving the tentative map exceeds the amount required to be dedicated pursuant to subsection A, the planning director or designee shall recommend that the subdivider:

      1.   Dedicate full title to part of the parksite;

      2.   Dedicate an undivided partial ownership interest in entire parksite;

      3.   Dedicate as specified in subsections C.1 or C.2 and enter into an agreement with the city to reserve the undedicated portion;

      4.   Solely pay in-lieu fees; or

      5.   Be granted credit in accordance with sections 17.512.090 and 17.512.100.

   If the subdivider concurs with the recommendation of the planning director, the subdivider shall dedicate the land or pay the fee, or both, in accordance with the recommendation prior to filing the final map or parcel map. Open space covenants for private park or recreational facilities shall be submitted to the city council prior to the approval of the final map or parcel map and shall be recorded at the same time as the final map or parcel map.

   If the subdivider objects to the recommendation of the planning director, the city council shall determine at a public hearing the land to be dedicated, whether a fee is to be charged, and whether any credit shall be granted. Prior to filing the final map or parcel map, the subdivider shall dedicate the land pay the fee, or both, as determined by the city council. Open space covenants for private park or recreational facilities shall be submitted to the city council prior to the approval of the final map or parcel map and shall be recorded at the same time as the final map or parcel map.

   D.   Nothing in subsection C shall be construed to:

      1.   Require the dedication of land located outside the proposed final map or parcel map; or

      2.   Prohibit a subdivider from dedicating land in excess of the amount required to be dedicated pursuant to subsection A. (Ord. 2017-0009 § 14)

There may be required the payment of fees for the purpose of defraying the cost of constructing bridges or major thoroughfares in accordance with the conditions set forth in chapter 4, Article 5 of the Subdivision Map Act. (Ord. 2017-0009 § 15)

   A.   Facilities to be constructed shall conform to the general plan and for bridges to the transportation, circulation or flood control provisions thereof which identify railways, freeways, or streams for which bridge crossings are required, and in the case of major thoroughfares, to the provisions of the circulation element which identifies those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.

   B.   Major thoroughfares to be constructed shall be those that are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time the boundaries of the area of benefit are established.

   C.   Bridges to be constructed shall be an original bridge serving the area or an addition to any existing bridge facility serving the area at the time the boundaries of the area of benefit are established. No fees shall be collected or expended to reimburse the cost of constructing existing bridge facilities.

   D.   In establishing the property liable for payment of fees under this section, there may be included in the area of benefit land in addition to that which may be the subject of any subdivision map or building permit application being considered concurrently with the proceedings to create a benefiting district.

   E.   In determining the method of fee apportionment for major thoroughfares, land which abuts the proposed improvement shall not be allocated higher fees than land not abutting the improvement unless the abutting property is provided direct usable access to the major thoroughfare. (Ord. 2017-0009 § 15)

Whenever the council deems it necessary to form a district representing an area of benefit under the provisions of this chapter, the council shall by resolution declare its intention to form such a district to establish fees for the construction of bridges or major thoroughfares. The resolution of intention shall state the following:

   A.   The time and place of the public hearing;

   B.   The boundaries of the area of benefit;

   C.   The description of the proposed improvements;

   D.   The estimated cost of the construction of the proposed improvements, including right-of-way design and contract administration;

   E.   The estimated advance or contribution of funds by city;

   F.   The method of fee apportionment;

   G.   The estimated fee which will be established as a condition of approval of final subdivision maps or for issuance of building permits; and

   H.   The method and time for filing of protests. (Ord. 2017-0009 § 15)

Notice of hearing shall be given by publishing a copy of the resolution of intention once at least 10 days prior to the time fixed for the hearing in the city official newspaper. Such notice shall also be given by mailing a copy of said resolution of intention at least 15 days before the time fixed for the hearing to each owner of land within the proposed improvement district as shown on the last equalized county assessment roll. (Ord. 2017-0009 § 15)

At the time and place fixed in the resolution of intention, the council shall hear any owner liable for the payment of fees who may appear and present testimony material to the matters set forth in the resolution of intention. Also, the council shall hear and pass upon all written protests filed by the owners of land within the proposed improvement district. Written protests must be filed with the city clerk prior to the time of the hearing and must contain a description of the property in which each signer thereof is interested. Each description must be in sufficient detail to clearly identify the same. If the signers of the protests are not shown on the last equalized assessment roll as the owners of such property, the protest must contain or be accompanied by written evidence that such signers are the owners of such property. The hearing may be continued from time to time by the council. (Ord. 2017-0009 § 15)

   A.   If within the time when a protest may be filed under the provisions of this section there is a written protest filed with the city clerk by the owners of more than one-half of the area of the property to be benefitted by the improvements, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefitted, then the proposed proceedings shall be abandoned and the council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvements or acquisition under the provision of this section. Protests may be withdrawn by the owner making the same, in writing, at any time prior to the conclusion of the public hearing.

   B.   If any majority protest is directed against only a portion of the improvements, then all further proceedings under the provisions of this section to construct that portion of the improvements so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the improvements or acquisition so protested against. Nothing in this section shall prohibit the city council, within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds by the affirmative vote of four-fifths of its members that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with such portion of the improvements or acquisition. (Ord. 2017-0009 § 15)

   A.   If a majority protest is not filed, or if filed and protests are withdrawn such that less than a majority protest exists at the conclusion of the hearing, the council shall by resolution determine whether or not it is deemed necessary to form the district representing an area of benefit and establish the fees therefor. A certified copy of the resolution designating a benefitting district shall be recorded by the city in the office of the Sacramento county recorder. The apportioned fees specified in said resolution shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final subdivision map or as a condition of issuing a building permit for new construction of a building.

   B.   Any action or proceeding to attack, review, set aside, avoid or annul the resolution forming the district, designating the area of benefit and establishing the fees therefor, or any of the proceedings, acts or determinations taken, done or made prior to the adoption of such resolution shall not be maintained by any person unless such action or proceeding is commenced within 60 days after the date of adoption of such resolution. Thereafter, all persons are barred from any such action or proceeding or from raising as a defense any defense of invalidity of such resolution or of such proceedings, acts or determinations.

   C.   Any defect, error or informality in the publication or mailing of notices of the hearing, or of the land owner or person interested in the land to receive the notice shall not invalidate any proceedings conducted or resolution adopted pursuant to this section. (Ord. 2017-0009 § 15)

   A.   Fees paid pursuant to this chapter shall be deposited in a planned bridge facility or major thoroughfare fund. A separate fund shall be established for each planned bridge facility project or major thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area.

   B.   Moneys in such funds shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the city for the cost of constructing the improvement.

   C.   A resolution adopted pursuant to this chapter may provide for the dedication of land or construction of improvements in lieu of the payment of fees. (Ord. 2017-0009 § 15)

   A.   The city may advance money from its general or other fund to pay the cost of constructing all or a portion of the improvement and may reimburse the general or other fund for such advance from planned bridge facility or major thoroughfare funds established to finance the construction of such improvements.

   B.   Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the council shall make provision for payment of the share of the improvement cost apportioned to such land from sources other than the planned bridge facility or major thoroughfare fund. (Ord. 2017-0009 § 15)

Whenever a subdivider or land developer is required to pay a fee for the construction of a bridge or improvement of a major thoroughfare as a condition precedent to the acceptance of a final subdivision map or as a condition of issuing a building permit and the facility is, or is to be, dedicated to the public, the council may contract with the subdivider or land developer for the construction of the bridge or improvement of a major thoroughfare, and reimburse the subdivider or land developer for the cost of constructing the facility from the fees collected from the benefitting district. (Ord. 2017-0009 § 15)