Tulare City Zoning Code
TITLE 8
PUBLIC WAYS AND PROPERTY
§ 8.04.010 Purpose.
The purpose of this chapter is to protect the Master Street and Highway Plan adopted by the city. The Street and Highway Plan was adopted. as prescribed by law. in order to:
(A) Serve as a general guide for the development of streets and highways;
(B) Promote the public welfare, safety and convenience;
(C) Provide a comprehensive guide for capital outlay on streets and highway improvements in the city;
(D) Provide an authentic source of information for residents and investors in the city; and
(E) To obviate the menace to the public safety and the damage to property values resulting from inadequate provision of traffic thoroughfares.
(1995 Code, § 8.04.010)
§ 8.04.020 Official plan lines.
Official plan lines (future width lines) shall be designated on maps drawn up by the Engineer at the request of the Council, or at the request of the Planning Commission acting through the Council. The Official Plan Line Maps shall show all property divisions and buildings adjacent to the project at a scale of one inch equals 50 feet, and they shall show the existing and proposed right-of-way widths as well as a cross section of the proposed street. The maps shall be titled “Official Plan Lines of (name of street or highway)”. There shall be statements of adoption or affirmation by the Planning Commission and the Council on each map.
(1995 Code, § 8.04.020)
§ 8.04.030 Index map - Record of Official Plan Line Maps.
The Engineer is hereby instructed to make and keep up to date an index map which shall show the streets or portions of streets upon which official plan lines have been established. The Clerk is hereby directed to record all duly attested Official Plan Line Maps adopted under the provisions of this chapter in the office of the County Recorder. The Engineer is hereby directed to post permanent notices at intervals of not more than 1,000 feet on streets for which precise plan lines have been adopted. The notices shall contain the following words:
“The width of this street, (or other appropriate designation) is established as feet, according to the Master Street and Highway Plan of the City. All buildings or other structures hereafter erected must be outside the lines of the established width as shown on the Official Plan Line Map No. , recorded in the Office of the County Recorder, Visalia, California, a copy of which is on file in the office of the Clerk.”
(1995 Code, § 8.04.030)
§ 8.04.040 Adoption of Official Plan Line Maps.
(A) Action by Planning Commission. In order to adopt an Official Plan Line Map, the Planning Commission shall be in receipt of the map from the Engineer and shall hold at least one public hearing thereon. Notice of this hearing shall be given in a newspaper of general circulation in the city at least ten days in advance of the hearing. The Planning Commission shall submit its findings in writing to the Council.
(B) Action by Council. Upon receipt of the report from the Planning Commission, the Council shall set a date for at least one public hearing and give public notice of the hearing as prescribed by law. At such time as the hearing is concluded by the Council, they may adopt the Official Plan Line Map as an amendment to division (C) of this section, or resubmit the map to the Planning Commission for further study.
(C) Official Plan Line Maps part of chapter. Official Plan Line Maps and all the notations thereon are hereby made a part of this chapter at the time of their adoption by the Council, and the Maps constitute the divisions under this section.
(1) Plan Line Map of West Inyo Street from Howard Street to West Street;
(2) Plan line map of Prosperity Avenue from M Street on the west to Blackstone Street on the east and approved by the Planning Commission of the City of Tulare on March 1, 1971;
(3) Plan line map of Cross Avenue from Manor Street on the west to Cherry Street on the east and approved by the Planning Commission of the City of Tulare on June 7, 1971.
(1995 Code, § 8.04.040)
§ 8.04.050 No new structures to be in future streets.
No building or structure shall hereafter be erected or placed within the official plan lines of streets or highways established by § 8.04.040 of this chapter, except as provided for under the following section.
(1995 Code, § 8.04.050)
§ 8.04.060 Appeal procedure.
(A) General. The Council, upon receipt of a recommendation from the Planning Commission, shall hear and decide appeals for variances in the strict application of § 8.04.050 of this chapter.
(B) Action by appellant.
(1) The owner of any property affected by established official plan lines may appeal the strict interpretation of § 8.04.050 herein.
(2) The appeal should be made in writing to the Planning Commission.
(C) Action by Planning Commission. Upon receipt of an appeal, the Planning Commission shall set a date for at least one public hearing and publish notice thereof in a newspaper of general circulation in the city at least ten days in advance of the public hearing. At the conclusion of the public hearing, the Planning Commission shall make its recommendations by resolution in writing to the Council. In order to make a recommendation contrary to the provisions stated in § 8.04.050 herein, the Planning Commission must find:
(1) That the property of which the official plan line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance;
(2) That the property will not earn a fair return on the owner’s investment unless the construction involved is authorized; and/or
(3) That the granting of the application is necessary for the preservation of substantial property rights of the individual.
(D) Action by the Council. Upon receipt of the report from the Planning Commission, or upon expiration of 60 days from the time the applicant filed his or her appeal with the Planning Commission, the Council shall set a date for a public hearing thereon, with notices as required by law. At the conclusion of the public hearing, the Council may grant the applicant a variance from the provisions in § 8.04.050 of this chapter. In order to grant a variance contrary to the section, the Council must find:
(1) That the property of which the official plan line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance;
(2) That the property will not earn a fair return on the owner’s investment unless the construction is authorized; and
(3) That the granting of the application is necessary for the preservation of substantial property rights of the individual.
(1995 Code, § 8.04.060)
§ 8.04.070 Enforcement and penalties.
(A) It shall be the duty of the official vested with the authority of issuing building permits to enforce this chapter. The official shall not issue any such permit in conflict with the terms of this chapter; and any such permit or license issued in conflict with the provisions of this chapter shall be null and void.
(B) Any building or structure erected or moved contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful, and a public nuisance; and the attorney shall, upon order of the Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps, and shall apply to such courts as may have jurisdiction to grant the relief, as will abate and remove the building or structure.
(1995 Code, § 8.04.070)
Statutory reference:
Statute authority, see Cal. Gov’t Code § 65466
§ 8.04.080 City base.
The official city base or plane of reference for elevations in the city shall be the datum used by the United States Geological Survey or mean sea level.
(1995 Code, § 8.04.080)
§ 8.04.090 Bench mark - Location.
The official bench mark for the city shall be the United States Geological Survey benchmark, located in the northeast corner of the enclosure surrounding what is known as Library Hall.
(1995 Code, § 8.04.090)
§ 8.04.100 Elevation of bench mark.
The elevation of the bench mark is 285 feet above mean sea level.
(1995 Code, § 8.04.100)
§ 8.04.110 Description of elevations.
All official elevations hereafter established in the city shall be described with reference to their elevation as compared with the official base in feet and decimal parts of a foot.
(1995 Code, § 8.04.110)
§ 8.04.120 Conformance required.
No grade or official elevation shall be described or established other than by ordinance and in the manner described in this chapter.
(1995 Code, § 8.04.120)
§ 8.08.010 Ditches - Fences in public places.
No person shall erect, construct or maintain, or cause to be constructed, erected or maintained any ditch, canal, fence, barricade or other obstruction in or upon any street, alley, square or other public place in the city in such manner as to obstruct the free use, by the public of the street, alley, square or other public place or any part thereof.
(1995 Code, § 8.08.010) (Ord. 09-17, passed 12-15-2009)
§ 8.08.020 Removal of obstruction.
It shall be the duty of the Street Superintendent to remove any such obstruction that he or she may find to exist in the city after ten-days’ notice, in writing, to the person constructing, erecting or maintaining the obstruction as aforesaid.
(1995 Code, § 8.08.020) (Ord. 09-17, passed 12-15-2009)
§ 8.08.025 Railroad crossings - Safety and maintenance.
(A) Unless otherwise provided by contract made between the railroad and the city, it shall be the duty of all railroad companies or entities owning or operating and maintaining a railroad passing through the city to place, keep or maintain crossings, and all places within their right-of-way where the public streets or alleys of the city intersect and cross any of the railroad tracks, in a suitable and safe condition for public travel over and across the same.
(B) If the railroad facilities are at any time abandoned and removed, it shall be the duty of the railroad company or entity owning or operating and maintaining the crossing to remove the rails through the crossing at the same time as the remainder of the rails are removed and to reconstruct the crossing in the same manner as the remaining portions of the city street or alley are paved or in such other manner and with such other materials as shall be required by the city and in a suitable and safe condition for public travel. The term CROSSING, as used in this chapter, shall include viaducts and roadways under or over the tracks of any railroad.
(C) If any railroad crossing shall be at any time in bad condition or unsafe or inconvenient for public travel, the City Council, upon recommendation of the City Manager or his designee, may, by ordinance, resolution or motion call upon the proper railroad company to repair or replace the crossing and render the same safe and convenient for public travel. Unless otherwise ordered by the City Council, all railroad crossing replacements shall be made with steel rails or steel plates. A copy of every such ordinance, resolution or motion shall be served upon the local agent of the railroad company whose duty it is to maintain such crossing; and for a failure or refusal to comply with such ordinance, resolution or motion within 30 days after the service thereof, as aforesaid, such railroad company shall be deemed guilty of a misdemeanor.
(D) Whenever any highway or alley upon, along or through which any railroad track is laid, shall be ordered paved by the City Council, it shall be the duty of the railroad entity owning or operating such railroad track to pave all that portion of the street or alley, including in the space between the rails of its track or tracks, and for one foot on the outer edge of the rails, in the same manner as the remaining portions thereof are paved or in such other manner and with such other materials as shall be required by the city's regulations and requirements. In the case of any default on the part of such company to comply with this requirement, the City Council may cause such railroad track or tracks to be taken up, and pavement to be laid pursuant to the city's regulations and requirements, and every such railroad company shall be liable to the city for the cost and expense of paving such portion of the street or alley, together with lawful interest thereon from the completion of work.
(Ord. 09-16, passed 11-17-2009)
§ 8.08.030 Drainpipes.
All drainpipes which empty into any street or alley from buildings within the fire limits, not so constructed as to lead entirely to the ground, are hereby declared to be public nuisances. Any person failing to abate the nuisance declared by the section within 30 days shall be deemed guilty of a misdemeanor.
(1995 Code, § 8.08.040) (Ord. 09-17, passed 12-15-2009)
§ 8.08.040 Depth of new pipes.
All water and gas pipes laid in any street or alley in the city shall be placed not less than 18 inches below the surface of the street or alley.
(1995 Code, § 8.08.050) (Ord. 09-17, passed 12-15-2009)
§ 8.08.050 Playing in streets prohibited.
No person shall, upon any public highway, engage in playing ball or other boisterous game, use any sling or other missile weapon or throw stones or other missiles.
(1995 Code, § 8.08.060) (Ord. 09-17, passed 12-15-2009)
Statutory reference:
Statute authority, see Cal. Gov’t Code § 38775
§ 8.12.010 Street excavating.
Digging, excavating, disturbing or in any manner undermining or causing the same to be done in any street or alley in the city, except the duly authorized agents of corporations, duly organized for the purpose of supplying the city with water or gas, when they shall find it necessary to dig up, break, disturb, dig under or undermine a public street or alley for the purpose of gaining access to their pipes or mains or for laying the same, without permission from the Street Superintendent first had and obtained, whose duty it shall be to see that when any street or alley is so disturbed in any manner by any person the same shall be replaced and the streets or alleys left in as good condition as before; and if the ground in which any excavation has been made in any street or alley shall, after the refilling thereof, become in bad condition by reason of the excavation or refilling, it shall be the duty of the Street Superintendent to require the person making the same to immediately restore the ground to the condition the same was in before the excavation and a failure to comply with the request of the Street Superintendent within 24 hours will subject the person or corporation to prosecution for maintaining a nuisance.
(1995 Code, § 8.12.010)
§ 8.12.020 Warning lights.
When any street, alley or public highway within the city is excavated for any purpose and is not refilled before night of the same day, a lantern shall be placed and kept lighted at either end of the excavation, and if the same shall be greater in length than 75 yards, a lantern shall be placed at a distance of not more than 50 yards apart, between the ends and along the excavation.
(1995 Code, § 8.12.020)
§ 8.12.030 Width of excavation.
No excavation shall be made to extend more than one-half of the distance across a street or alley at any one time, when the same is traveled.
(1995 Code, § 8.12.030)
§ 8.12.040 Guards - Notices.
At all times, due and proper care shall be taken both day and night by necessary guards or notices to prevent accidents.
(1995 Code, § 8.12.040)
§ 8.12.050 Construction permit, data required.
No person shall lay, construct, reconstruct or repair, in any street, alley or other public place in the city, or in, over or through any property or right-of-way owned by the city, any curb, sidewalk, gutter or driveway, without first obtaining a permit in writing, so to do, from the Street Superintendent and without first obtaining the lines and grades therefor from the Engineer.
(1995 Code, § 8.12.050)
§ 8.12.060 Decorative curbs and sidewalks.
All curbs, gutters and sidewalks over and along the streets set forth in § 8.12.070 shall be decorative curbs and sidewalks and shall be designed and constructed according to the standards and specifications as and for the existing Downtown Plaza design, on file in the Public Works Department of the City of Tulare, or shall be equal to the design in width, height and amount of landscaping and shall have color or other form of decorative surface. Any deviation from the Downtown Plaza design must be approved by the Planning Commission of the City of Tulare.
(1995 Code, § 8.12.060)
§ 8.12.070 Decorative curbs and sidewalks - Streets designated.
The streets in the City of Tulare along which decorative curbs and sidewalks must be installed as referred to in § 8.12.060 are as follows: both sides of J Street between San Joaquin Avenue and Inyo Avenue; both sides of K Street between San Joaquin Avenue and Owens Avenue; both sides of L Street between King Avenue and Inyo Avenue; both sides of King Avenue between J Street and M Street; both sides of Tulare Avenue between J Street and M Street; both sides of Kern Avenue between J Street and M Street; both sides of Inyo Avenue between J Street and M Street; the south side of San Joaquin Avenue between J Street and K Street; the west side of M Street between King Avenue and Inyo Avenue.
(1995 Code, § 8.12.070)
§ 8.12.080 Limitations upon curb opening - Frontage.
No person shall in any event break away, tear away, construct or reconstruct any street curb, nor construct or reconstruct any sidewalk, gutter or driveway over any street curb where the opening would exceed 50% of the lot frontage facing the curb; and any permit granted hereunder shall specify the frontage of the opening and the location thereof upon the real property adjacent thereto.
(1995 Code, § 8.12.080)
§ 8.12.090 Maximum driveway width.
Any driveways or roadways shall not be more than 36 feet in overall width.
(1995 Code, § 8.12.090)
§ 8.12.100 Distance between driveways.
The minimum width between any two driveways upon or to any one lot in the city shall be 22 feet.
(1995 Code, § 8.12.100)
§ 8.12.110 Distance of curb opening from corner.
No driveway or curb opening shall be constructed in the city nearer to the intersection of the property lines of two intersecting streets than the point of curve of the curb return at such intersection, where such exists, and in any event not nearer than four feet to the property line intersection.
(1995 Code, § 8.12.110)
§ 8.12.120 Distance from utility structures.
No driveway or curb opening shall be constructed nearer than five feet to any fire hydrant, ornamental light standard, telephone or electric power pole, meter box or underground vault or manhole.
(1995 Code, § 8.12.120)
§ 8.12.130 Application for construction permit.
Any person desiring a permit to perform any work mentioned in the preceding sections of this chapter shall file a written application therefor with the Street Superintendent, on forms furnished by the Street Superintendent, which application shall state the location, nature and extent of the work to be performed, the material to be used, the length of time which will be required to complete the work, and such other information as the Street Superintendent may require.
(1995 Code, § 8.12.130)
§ 8.12.140 Modifications by Street Superintendent.
The Street Superintendent may modify the time specified for the completion of the work and may make such changes as to the location and extent of the work as are, in his or her judgment, necessary to prevent undue interference with traffic or danger to the safety of persons using the same.
(1995 Code, § 8.12.140)
§ 8.12.150 Conformance with specifications - Inspection.
All work mentioned in the preceding sections of this chapter for which a permit shall have been issued as provided herein shall be in accordance with the specifications and/or standard plans adopted by the city for the class of work, or the special plans and specifications prepared therefor and approved by the Engineer, and referred to in the permit, and shall be performed to the satisfaction of the Street Superintendent and under the supervision of an inspector appointed by the Engineer for the work; costs of inspection to be borne by the applicant at rates specified by the Engineer; provided, however, that inspection during actual construction of any and all patchwork, as defined by the Engineer as such, may by his or her action be waived.
(1995 Code, § 8.12.150)
§ 8.12.160 Replacement - Abutting landowner’s duty.
(A) Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of the maintenance and repair, may be done and the proceedings therefor may be had and taken in accordance with this section and the procedure therefor provided in Cal. Streets and Highways Code Chapter 22 of Division 7, Part 3. In the event of any conflict between the provisions of Cal. Streets and Highways Code Chapter 22 of Division 7, Part 3, and this § 8.12.160, the provisions of this section shall control.
(B) The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area or driveway approach between the opaquing strips, sidewalks, curbs and gutters, and persons in possession of the lots by virtue of any permit or right shall repair and maintain the sidewalk areas and pay the costs and expenses therefor, including a charge for the City of Tulare’s costs of inspection and administration whenever the city awards a contract for the maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under this section or handling of any lien placed on the property due to failure of the property owner to promptly pay the assessments.
(C) For the purposes of this part, maintenance and repair of sidewalk area or driveway approach shall include, but not be limited to maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of the sidewalk area.
(D) Notwithstanding the provisions of Cal. Streets and Highways § 5614, the Director of Public Works may in his or her discretion, and for sufficient causes, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed 74 days from the time the notice referred to in § 5614 is given.
(1995 Code, § 8.12.160) (Ord. 03-1924, passed - -2003)
§ 8.12.170 Liability for injuries to public.
The property owner required by § 8.12.160 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and non-dangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a non-dangerous condition as required by § 8.12.160, any person suffers injury or damage to person or property, the property owner shall be liable to the person for the resulting damages or injury and shall be required to indemnify and hold harmless the City of Tulare, its officers, agents and employees.
(1995 Code, § 8.12.165) (Ord. 03-1924, passed - -2003)
§ 8.12.180 Useless driveways.
Driveways which have been abandoned to general use, or at locations where, in the opinion of the Street Superintendent, the driveways do not contribute to the welfare and convenience of the general public, shall be so replaced.
(1995 Code, § 8.12.170)
§ 8.12.190 Request to make replacement.
Request of the owner of abutting property for the replacement of curbs, gutters and sidewalks shall be made by the Street Superintendent in writing to the owner of real property fronting the right-of-way and shall include the replacement of abandoned driveways.
(1995 Code, § 8.12.180)
§ 8.12.200 Replacement by city - Cost.
If, after 30 days subsequent to the written notification, the owner so notified has not proceeded to make replacements as requested, the Street Superintendent may authorize the work, and the cost thereof, if unpaid by the property owner 60 days after payment is requested, will become a lien against the property.
(1995 Code, § 8.12.190)
§ 8.12.210 Variance procedure.
(A) Variance conditions. The Public Works Director may authorize, upon request, the variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of this chapter will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that:
(1) Adherence to the strict letter of this chapter will cause difficulties and hardships upon the petitioner, the imposition of which is unnecessary in order to carry out the general purpose of this chapter;
(2) Special circumstances attach to the property covered by the application which do not generally apply to other properties in the same neighborhood;
(3) Because of special circumstances, property covered by this application is deprived of privileges possessed by other properties in the same neighborhood; and
(4) The granting of the variance is essential to the enjoyment of a substantial use of the property consistent with similar uses of property in the same neighborhood.
(B) Application information. Applications for variance shall be filed with the Public Works Director. The application shall contain the following information:
(1) A description of the requested variance together with a designation of the chapter provision from which relief is being requested;
(2) An accurate plot plan, if appropriate, indicating the manner in which the variance will be applied and its effect upon adjacent properties;
(3) A detailed explanation of the circumstances and reasons justifying the variance; and
(4) The application shall be accompanied by a fee set by resolution of the Council sufficient to cover the cost of handling the application as prescribed in this chapter.
(C) Appeal to Council.
(1) Within ten days following the date of a decision of the Public Works Director on a variance application, the decision may be appealed to the Council by the applicant or any other interested party. An appeal shall be made on a form prescribed by the Public Works Department and shall be filed with the Clerk. The appeal shall state specifically wherein it is claimed there was an error or a breach of discretion by the Public Works Director or wherein the decision is not supported by the evidence in the record.
(2) Within five days of filing of an appeal, the Public Works Director shall transmit to the Clerk the variance application, and other data filed therewith, and any reports, findings or other information which the Public Works Director has used in making a decision on the application.
(3) The Clerk shall give notice to the applicant and to the appellant (if the applicant is not the appellant) and may give notice to any other interested party of the time when the appeal will be considered by the Council.
(D) Action of the Council.
(1) The Council may affirm, reverse or modify a decision of the Public Works Director on a variance application; provided, that if a decision denying a variance is reversed or a decision granting a variance is modified, the Council shall, on the basis of the record transmitted by the Public Works Director and such additional evidence as may be submitted, make the findings prerequisite to the granting of a variance as prescribed in § 8.12.210(A) of this chapter.
(2) A variance which has been the subject of an appeal to the Council shall become effective three days following the date on which the variance is granted by the Council.
(E) Lapse of variance. A variance shall lapse and shall become void one year following the date on which the variance became effective unless prior to the expiration of one year, a building permit is issued by the Building Inspector and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application or a certificate of occupancy is issued by the Planning Officer for the site or structure which was the subject of the variance application. A variance may be renewed for an additional period of one year; provided, that prior to the expiration of one year from the date which the variance originally became effective, an application for renewal of the variance is made to the Public Works Director. The Public Works Director may grant or deny an application for renewal of a variance.
(F) Revocation. A variance granted subject to a condition shall be revoked by the Public Works Director if the condition is not complied with.
(G) New application. Following the denial of a variance application or the revocation of a variance, no application for the same, or substantially the same, variance on the same or substantially the same site shall be filed within one year of the date of denial of the variance application or revocation of the variance.
(1995 Code, § 8.12.200)
§ 8.16.010 Low tree limbs.
All overhanging limbs of trees along, bordering on, or upon the streets or other public thoroughfares of the city at a height of less than ten feet above the level of the sidewalk are hereby declared to be a nuisance.
(1995 Code, § 8.16.010)
§ 8.16.020 Duty to trim low limbs.
It shall be the duty of all property owners or their agents or other persons in charge to trim or cause to be trimmed all overhanging limbs of trees along the streets or other public thoroughfares of the city, to a height of not less than ten feet above the level of the sidewalk.
(1995 Code, § 8.16.020)
§ 8.16.030 Vegetation upon sidewalks.
All weeds, underbrush, shrubs and refuse matter in or upon any sidewalk is hereby declared to be a nuisance.
(1995 Code, § 8.16.030)
§ 8.16.040 Duty to keep sidewalk clear.
It shall be the duty of all property owners or their agents or other persons in charge to keep the sidewalk along their premises free from all woods, underbrush, shrubs and refuse matter and to allow no obstruction to be or remain on the walks.
(1995 Code, § 8.16.040)
§ 8.16.050 Display of goods on sidewalk.
No person shall use or occupy any public sidewalk in the city for the display of goods, wares, signs, advertising matter or merchandise or leave any goods, wares, merchandise, boxes, barrels, trucks or other articles upon any street or a portion of the street in the city.
(1995 Code, § 8.16.050)
§ 8.16.060 Gasoline pumps.
No person shall install, maintain or operate any oil or gasoline pump or other mechanical device used for the purpose of pumping oil or gasoline in, over or upon any street, alley or public place. Nothing contained in this section shall be deemed to prohibit the use, maintenance or operation of any oil or gasoline pump, or other mechanical device installed or in use prior to the adoption of this chapter.
(1995 Code, § 8.16.060)
§ 8.16.070 Use of bicycles, skateboards, coasters and roller skates.
No person shall ride a bicycle, skateboard, roller skates, coaster, toy vehicle or similar device upon any sidewalk within the Downtown Improvement District of the City of Tulare as described on the map attached to the City of Tulare Res. 1642 on file with the City Clerk.
(1995 Code, § 8.16.070)
§ 8.26.010 Purpose and findings.
(A) Purpose. This chapter is adopted to implement the provisions of the Quimby Act, which authorize a city to require the dedication of land for park or recreation facilities, or payment of fees in-lieu thereof (or a combination of both), incident to and as a condition of approval for a tentative map or parcel map.
(1) The park and recreational facilities for which dedication of land and/or payment of a fee in-lieu thereof is required by this chapter are in accordance with the Open Space and Conservation Element of the General Plan of the city and shall supersede any previously adopted plan to the extent of any inconsistency.
(2) The land, fees, or combination thereof that are dedicated pursuant to this chapter are to be used only for the purposes of developing new or rehabilitating existing pocket, neighborhood, community, or regional park or recreational facilities to serve the subdivision that prompts the dedication, and the amount and location of land to be dedicated or the fees to be paid will bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the subdivisions subject to this chapter.
(B) Findings. The amount of existing park area in the city is currently below four acres of park area per 1,000 city residents. The enactment of this chapter prevents new residential development from significantly further reducing the quality and availability of public services provided to residents of the city by requiring new residential development to contribute to the cost of expanding the availability of park and recreational facilities and amenities in the city.
(Ord. 2023-07, passed 8-15-2023)
§ 8.26.020 Authority.
This chapter is enacted pursuant to the authority granted by the Quimby Act.
(Ord. 2023-07, passed 8-15-2023)
§ 8.26.030 Definitions.
For the purposes of this chapter, the terms and words identified below shall be defined as follows:
AVERAGE NUMBER OF PERSONS PER DWELLING UNIT. Average number of persons per household in the city, based on the most recent data available in the form of the federal census. The most recent AVERAGE NUMBER OF PERSONS PER DWELLING UNIT may be reflected in a City Council resolution as determined by the Director, Community and Economic Development.
CITY. The City of Tulare.
DWELLING UNIT. Includes each single-family dwelling, multifamily dwelling, or each mobile home space designed to contain a mobile home trailer on a semi permanent or permanent basis. Single-family residential units, multifamily residential units, and mobile home units shall be defined according to the latest decennial U.S. or State of California Department of Finance census.
LAND ACQUISITION COST PER ACRE. The estimated per acre value of vacant residential land costs in the city as determined by the City Council based upon receipt sale records or appraisal. The most recent LAND ACQUISITION COST PER ACRE may be reflected in a City Council resolution. If the subdivider objects to such a valuation, the subdivider, at its own expense, may obtain an appraisal of the property by a qualified appraiser approved by the city, whose appraisal may be accepted or rejected by the City Community and Economic Development Director.
MERCHANT BUILDER. An individual, company, partnership, corporation, or similar entity that obtains land previously subdivided for the purpose of constructing new residential units upon the subdivided land.
NUMBER OF DWELLING UNITS. The number of dwelling units as determined by the city based upon the number of units allowed pursuant to the standards of the city’s Zoning Code or as otherwise specified by the city on the property included in the subdivision at the time the tentative map or parcel map is filed for approval.
QUIMBY ACT. Cal. Gov’t Code § 66477, as amended from time to time, or any successor statute.
QUIMBY FEES. Fees paid as a condition to the approval of a tentative map or parcel map pursuant to this chapter and the Quimby Act in lieu of dedicating land to the city for park and recreational purposes.
RESIDENTIAL DEVELOPMENT. Any development that creates new or increases the number of existing dwelling units on a property.
SUBDIVISION MAP ACT. Cal. Gov’t Code §§ 66410 et seq., as amended from time to time, or any successor statute.
(Ord. 2023-07, passed 8-15-2023)
§ 8.26.040 Parkland dedication standard.
All standards for park dedication and improvement shall comply with the Quimby Act, the California Subdivision Map Act, the Parks Master Plan, and the Open Space and Conservation Element of the city’s General Plan. The dedication and improvement of land and/or Quimby fees for park or recreational purposes shall be at the rate of either three or four acres of park area (and/or Quimby fees) per 1,000 subdivision residents, with this amount determined by the existing service level at the time of application for a tentative map or parcel map. If the existing service level of park area at the time of subdivision application exceeds four acres per 1,000 residents, the rate will be four acres per 1,000 residents. However, the rate will be three acres per 1,000 residents if the existing service level of developed park area at the time of subdivision application is less than four acres per 1,000 residents.
(Ord. 2023-07, passed 8-15-2023)
§ 8.26.050 Parkland dedication and/or in-lieu fee requirements.
As a condition of approval of any tentative map or parcel map, the city shall require the dedication of land and/or improvements/amenities, or payment of a fee in-lieu thereof, or a combination of both, at the option of the city, for park or recreational purposes to serve the future residents of the subdivided property.
(A) This requirement shall apply to all residential subdivisions, except those exempted by the Quimby Act.
(B) Except as provided in division (C), below, if a proposed subdivision contains less than 50 parcels, the subdivider shall not be required to dedicate any land for park and recreational purposes without his or her consent but may instead choose to pay a fee equivalent to the rate of four acres per 1,000 residents, in accordance with § 8.26.060(B), below.
(C) When a condominium, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. Pursuant to Cal. Gov’t Code § 66477(e), these kinds of developments shall be eligible to receive a credit, as determined by the legislative body, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses.
(D) Notwithstanding the requirement in this section that fees be used to serve the subdivision for which the fees were paid, fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision for which fees were paid as a condition to the approval of a tentative map or parcel map is located, if all of the following conditions are met:
(1) The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population.
(2) The neighborhood in which the subdivision for which the fees were paid has a park area per 1,000 members of the neighborhood population that meets or exceeds the ratio calculated pursuant to this chapter.
(3) The City Council holds a public hearing before using the fees pursuant to this chapter, and at that public hearing, makes a finding supported by evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the alternative neighborhood where the fees are spent.
(4) The fees shall be used within the geographic boundaries of the city, so long as a reasonable relationship can be demonstrated between the location of the use of the fees and the subdivision for which the fees were paid.
(5) The fees shall be used in a manner consistent with the Parks Master Plan and the Open Space and Conservation Element of the city’s General Plan, as well as any policy, standard, principle or guideline adopted in accordance therewith.
(Ord. 2023-07, passed 8-15-2023)
§ 8.26.060 Formulas for calculating amount of parkland dedication and/or Quimby fees.
(A) Formula for calculating the “dedication of land”. Where the requirements of this chapter are solely complied with on the basis of providing parkland, the minimum amount of land measured in acres to be provided shall be based on the existing level of service for developed park area per 1,000 residents as stipulated in § 8.26.040 of this chapter:
Number of Dwelling Units | X | Average Number of Persons per Dwelling Unit | X | .003 (3 Acres per 1,000 Residents) | = | Number of Acres to be Dedicated |
OR | ||||||
Number of Dwelling Units | X | Average Number of Persons per Dwelling Unit | X | .004 (4 Acres per 1,000 Residents) | = | Number of Acres to be Dedicated |
Whenever land is dedicated pursuant to this chapter, the subdivider shall provide the public improvements, as set forth in § 8.26.070 of this chapter.
(B) Formula for calculating the fee amount “Quimby fees”. Where the requirements of this chapter are solely complied with on the basis of the payment of in-lieu fees, such fees shall be calculated, at either of the two ratios stipulated in § 8.26.040 of this chapter, on a per residential unit basis, as follows:
Number of Dwelling Units | X | Average Number of Persons per Dwelling Unit | X | .003 (3 Acres per 1,000 Residents) | X | Land Acquisition Cost per Acre | = | Total Quimby Fee |
OR | ||||||||
Number of Dwelling Units | X | Average Number of Persons per Dwelling Unit | X | .004 (4 Acres per 1,000 Residents) | X | Land Acquisition Cost per Acre | = | Total Quimby Fee |
The Land Acquisition Cost per Acre amount of the Quimby fees may be adopted by resolution of the City Council. The Council may adopt and/or revise the fee amount as often as on an annual basis.
(C) Formula for calculating a combination of dedicated land and Quimby fees. Where the requirements of this chapter are complied with by both the provision of parkland and payment of Quimby fees, the amount of the Quimby fees shall be computed by determining the required amount of parkland in accordance with the provisions of division (A) and subtracting the amount of parkland actually provided. The remainder shall be converted to a fee in accordance with the provisions of division (B).
(Ord. 2023-07, passed 8-15-2023)
§ 8.26.070 Public improvements on dedicated parkland.
The subdivider shall provide utility and full street improvements consistent with the Circulation Element of the adopted General Plan and the city’s subdivision regulations in Chapter 8.24 of the Tulare Municipal Code, including but not limited to curbs, gutters, sidewalks, street paving, sewer, water and drainage improvements. The full cost of such improvements shall be borne by the subdivider and shall not be deducted from or credited against any fees or other amounts due the city under this chapter or otherwise. The land to be dedicated and improvements to be made pursuant to this chapter shall be approved by the city.
(Ord. 2023-07, passed 8-15-2023)
§ 8.26.080 Criteria for requiring combination of parkland dedication and Quimby fees.
For subdivisions consisting of 50 or more units, the subdivider shall have the option to either dedicate land or pay Quimby fees or a combination of both on the following basis:
(A) General Plan requirements. When only a portion of the subdivision is proposed for a future park site(s) in conformance with this chapter, such portion shall be dedicated to the city for park and recreational purposes pursuant to the dedication standards set forth in § 8.26.040, and any remaining parkland dedication requirements shall be satisfied through Quimby fees computed pursuant to §§ 8.26.060(A) and (B). If no parkland dedication is provided, the subdivider shall pay Quimby fees for the full three or four acres per 1,000 residents computed pursuant to § 8.26.060(C).
(B) Remainder dedications. When a major portion of a park or recreational site/facility serving the proposed subdivision has already been acquired by the city, and only a portion of additional land is needed from the subdivision to complete the site/facility, such remaining portion shall be dedicated to the city pursuant to the standards set forth in § 8.26.040, and any remaining parkland dedication requirements shall be satisfied through Quimby fees computed pursuant to § 8.26.060(C). Such fees may be used for either the improvement of the existing park and recreational site/facility or for the improvement of other park and recreational sites/facilities serving the subdivision at the sole discretion of the city.
(Ord. 2023-07, passed 8-15-2023)
§ 8.26.090 Determination as to requirement for fee or dedication.
(A) Whether the city accepts land dedication or elects to require payment of Quimby fees, or a combination of both, shall be determined by consideration of the following:
(1) Reasonable relationship. That the amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.
(2) Compatibility. Compatibility of dedication with the Open Space and Conservation Element of the city’s General Plan and any policy, standard, principle or guideline adopted in accordance therewith.
(3) Physical characteristics. Topography, geology, access, and location of land in the development available for dedication.
(4) General suitability. Suitability for patrol, supervision, and maintenance.
(5) Geographic dimensions. Size and shape of the development and land available for dedication.
(6) Feasibility. The feasibility of dedication.
(7) Alternative and additional parkland in the vicinity. Availability of previously acquired park property.
(B) The determination of the Planning Commission upon the recommendation of the Community and Economic Development Director as to whether land shall be dedicated or whether Quimby fees shall be paid, or a combination of both, shall be based upon the above factors in the totality of the circumstances, and shall be final and conclusive, unless timely appealed to the City Council pursuant to § 10.20.020 “Appeal” of the Tulare Municipal Code.
(Ord. 2023-07, passed 8-15-2023)
§ 8.26.100 Procedure for making payment or dedication.
(A) Application by subdivider. At the time of filing a tentative map or parcel map application, the subdivider shall, as part of such filing, state in writing whether it desires to dedicate property for park and recreational purposes, or to pay Quimby fees, or a combination of both. If the subdivider desires to dedicate land for this purpose, the area shall be designated on the tentative tract map or parcel map as submitted.
(B) Action of city. At the time of the tentative tract map or parcel map approval and in accordance with the criteria set forth in this chapter, the Quimby Act, the California Subdivision Map Act, the Open Space and Conservation Element of the city’s General Plan and any policy, standard, principle or guideline adopted in accordance therewith, the City Community and Economic Development Director shall determine as part of such approval, whether to require a dedication of the land within the subdivision, payment of Quimby fees, or a combination of both, based upon the totality of circumstances. The conditions of approval of any applicable tentative map or a parcel map shall require the dedication of land, the payment of Quimby fees, or a combination of both for park and recreational purposes to serve the future inhabitants of the subdivision. If the land is to be dedicated, the proposed dedication shall be shown on the approved tentative map or parcel map.
(C) Payment of in-lieu fees. Prior to the issuance of a building permit, the Community and Economic Development Director or his/her designee shall determine the amount of land to be dedicated and/or Quimby fees to be paid by the subdivider. Any fee required under this chapter shall be paid directly to the city prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The fees shall be placed in a specially designated fund and are used only for the acquisition and development of new, or improvement and/or rehabilitation of existing, park and recreational facilities. Any fees collected under this chapter shall be appropriated by the City Council, but need not be spent, within five years after the payment of such fees or the issuance of building permits on one half of the lots created by the subdivision, whichever occurs later. If such fees are not appropriated, they 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.
(D) Dedication of parkland. A dedication of parkland shall be made prior to the recordation of any applicable tentative map or parcel map. Where dedication is offered and accepted, such dedication shall be accomplished in accordance with the provisions of the Subdivision Map Act. All land dedicated to the city shall be conveyed in fee simple to the city free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the city agrees to accept.
(E) Improvement of parkland. The subdivider may choose to improve the dedicated parkland with amenities such as grass, trees, playground equipment and other improvements typical of a city park. If such improvements are made to the dedicated parkland, the cost of said improvements shall be estimated and applied as a credit against the parkland or the in-lieu fee identified as required per the calculation identified in § 8.26.060. The cost of said improvements and associated credit shall be determined in a manner meeting the approval of the Community Services Director.
(Ord. 2023-07, passed 8-15-2023)
§ 8.26.110 Procedure for merchant builders.
(A) When a proposed subdivision is a part of a major land development project, and the owner of such land proposes to permit development by one or more merchant builders, provisions for park and recreational facilities shall be made by the major landowner through the adoption of a comprehensive plan and not by the individual merchant builders. Where park and recreation facilities have been dedicated by requirements of the city in excess of this chapter’s requirements, the major landowner may, at the discretion of the city, be given 100% credit for the excess on subsequent projects within the adopted comprehensive plan.
(B) For the purpose of this chapter, a MAJOR LAND DEVELOPMENT PROJECT shall be a land development project exceeding 40 acres in size.
(C) Where development is proposed for construction in increments, a schedule for providing the park and recreation facilities shall be submitted for consideration by the city. All park facilities shall be developed consistent with any schedule approved by the city.
(Ord. 2023-07, passed 8-15-2023)
§ 8.26.120 Time for constructing improvements and amenities.
(A) A subdivider and the city may enter into a park development agreement that provides a schedule for the initiation, planning, design, construction, installation, completion and, where appropriate, dedication of any park and recreational improvements and/or amenities required by this chapter. A park development agreement shall:
(1) Clearly state the intent of the agreement is to establish a means to assure that park and recreational improvements and/or amenities are provided to the residents of the subdivision as required by this chapter;
(2) Specify the timing of the development of these improvements and/or amenities in relation to the development of residential dwelling units;
(3) Provide sufficient surety to guarantee that the improvements and/or amenities are completed and ready for public use within the timeframes specified in the agreement; and
(4) Provide that failure to comply with any deadline for the development of the improvements and/or amenities shall halt the issuance of building permits and suspension of all building inspections for residential dwelling units within the subdivision.
(B) In the absence of a park development agreement, all park and recreational improvements and/or amenities required by this chapter shall be constructed, installed, completed and ready for public use prior to the earlier of:
(1) The issuance of the first certificate of occupancy for any residential dwelling unit within the subdivision; or
(2) The final building inspections for any residential dwelling unit within the subdivision.
(Ord. 2023-07, passed 8-15-2023)
§ 8.26.130 Developments annexed to the city.
Where a proposed development lies within an area not currently within the city’s corporate boundaries but intended to be annexed into the city by the subdivider, the subdivider shall dedicate land, pay Quimby fees, or a combination of both, in accordance with the city’s General Plan and in accordance with the provisions of this chapter, and the General Plan shall be amended within 180 days following approval of the annexation.
(Ord. 2023-07, passed 8-15-2023)
§ 8.26.140 Exception for commercial and industrial developments.
The provisions of this chapter shall not apply to any industrial or commercial development.
(Ord. 2023-07, passed 8-15-2023)
§ 8.32.010 Purposes and objectives.
It is hereby declared that in order to promote the best interests of the city and its citizens, there be established a comprehensive program for the installation, maintenance and preservation of street trees and selected other trees within the city. This chapter provides regulations necessary to govern the installation, maintenance and preservation of street trees as a means to achieve the following objectives:
(A) To enhance property values;
(B) To reduce street noise, glare and heat;
(C) To purify the air by reducing dust and other air contaminants;
(D) To provide shade and wind protection;
(E) To screen unsightly objects and scenes;
(F) To keep the city’s streets free from dead, unhealthy and hazardous trees;
(G) To beautify and provide a pleasing, restful, healthful environment; and
(H) To preserve trees with historic or unusual value for the inhabitants of this city.
(1995 Code, § 8.32.010) (Ord. 08-12, passed 7-15-2008)
§ 8.32.020 Definitions.
Except as otherwise provided in this section, the words and phrases used in this chapter shall have the same meaning as described thereto, unless from the context hereof it clearly appears that a different meaning is intended.
CROWN DRIPLINE.
A vertical line extending from the outermost branch tips of the tree to the ground.
DEPARTMENT.
The Parks, Library and Recreation Department.
DIRECTOR.
The Community Development Director or designee.
MAINTAIN
or
MAINTENANCE.
When used in reference to street trees shall mean and include pruning, spraying, mulching, watering, fertilizing, cultivating, supporting, treating for disease or injury and promoting the health or beauty of street trees.
MASTER TREE LIST.
Those trees as specified in the Street Tree Plan that are permitted along parkways and planting easements.
PARKWAY
or
PLANTING STRIP.
That portion of public property available for planting between the street curb, or curb alignment, and the abutting private property line.
PERSON.
Individuals, associations, corporations, public agencies, joint ventures, partnerships, independent contractors and other agents and employees thereof.
PLANTING EASEMENT.
That portion of land made available as a public easement for the purpose of planting and maintaining city street trees.
PRESERVATION.
Acts to promote the life, growth, health or beauty of trees, shrubs or plants, including, but not limited to pruning, trimming, root pruning, spraying, mulching, watering, fertilizing, cultivating, supporting and treating for disease or injury.
STREET TREE.
Any tree whose center of trunk at ground level is within the parkway or planting easement.
STREET TREE PLAN.
A comprehensive plan of policies and objectives regulating street trees in the city formulated by the Parks and Recreation Commission.
TREE WELL.
A cavity of specific shape, construction and dimension per standard plans and specifications of the City and designed to facilitate the planting and maintenance of a street tree.
(1995 Code, § 8.32.020) (Ord. 14-05, passed 10-21-2014; Ord. 08-12, passed 7-15-2008; Ord. 03-1915, passed - -2003)
§ 8.32.040 Responsibilities of the Director.
The Director, under the general supervision of the City Manager, shall have the authority and responsibility to do the following:
(A) Carry out the provisions of this chapter;
(B) Remove and/or replace, or cause the removal and/or replacement of, any tree located within a parkway or planting strip, in accordance with the provisions of this chapter;
(C) Enter in or upon any part of a right-of-way or easement or adjacent property as is reasonably necessary for the purpose of planting and maintaining street trees; and
(D) Oversee the planting, maintenance and removal of street trees in any public way or place.
(1995 Code, § 8.32.040) (Ord. 08-12, passed 7-15-2008)
§ 8.32.050 Street tree plan.
The Director is authorized to formulate a street tree plan. Such plan shall consist of regulations pertaining to the installation, maintenance, preservation and removal of street trees. Such plan shall include a master tree list noting the trees permissible in the parkways of the city. The Director is authorized to amend, modify and add to such plan, from time to time, upon recommendation of the Parks and Recreation Commission.
(1995 Code, § 8.32.050) (Ord. 14-05, passed 10-21-2014; Ord. 08-12, passed 7-15-2008)
§ 8.32.060 Street tree and plant maintenance.
(A) It shall be the duty of all owners, agents, tenants or other persons having possession or control of real property within the city to properly cultivate, care for, and maintain all street trees, shrubs and plants, planted or set out within any parkway, planting strip or planting easement located immediately adjacent to the real property under their possession or control.
(B) All damage to any owner’s real property, including any improvements thereon, or to sewer laterals or water service lines or meters, by any parkway tree shall be the responsibility of the property owner having the duty to cultivate, care for and maintain the parkway tree as described above.
(C) The Director shall have the authority to require a property owner to take such action as is necessary to control insects, parasites, fungus and other injurious pests or plant material that would cause serious injury to street trees or other plant material. The Director shall notify the property owner in writing describing the conditions and stating the control necessary to correct the condition establishing a reasonable time in which the corrective step(s) should be taken.
(D) The Director shall have the authority to require property owners to remove any privately planted tree not in accordance with the street tree plan, or remove or prune any privately planted tree, shrub, vine or other plant material if it is determined by the Director to be seriously interfering with the growth and health of any street tree.
(1995 Code, §8.32.060) (Ord. 08-12, passed 7-15-2008)
§ 8.32.070 Protection of street trees.
(A) No person shall remove or cut any street trees in the planting strip or planting easement without first obtaining permission from the Director.
(B) No person shall interfere or cause any person to interfere with any work being done under the provisions of this chapter by any employee of the city, or by any person or firm doing work for the city or under a permit granted by the city.
(C) No person shall interfere or cause anyone to interfere with or damage any overhead wires or underground pipes or conduits while removing, trimming, pruning, spraying or cutting any street trees in a right-of-way or easement. The owner of such facilities shall be notified when the work may interfere with or cause damage to the facilities. The cost of repair of the damage to overhead wires, underground pipes or conduits shall be the responsibility of the person, firm or corporation doing or causing the work to be done. The city and its officers and employees shall be exempt from the provisions of this division.
(D) It shall be unlawful for any person to injure or destroy by any means any tree planted or maintained by the city in rights-of-way or easements including, but not limited to, the following:
(1) Constructing a concrete sidewalk or driveway or otherwise filling up the ground within five feet of the outside of the trunk at ground level of any street tree so as to shut off air or water from its roots;
(2) Piling building materials, equipment or other substances on non-paved areas within the “crown dripline” of any street tree;
(3) Pouring any deleterious material on any tree or on the ground within the crown dripline of any street tree;
(4) Posting any sign, poster, notice or other object on any tree, tree stake or guard or fastening any guide wire, cable, rope, nails, screws or other device to any tree, tree stake or guard;
(5) Causing or encouraging any fire or burning within the crown dripline of any street tree;
(6) Using any mechanical weeding device against a street tree;
(7) Constructing retaining walls, fences or other similar improvements which prohibit the planting or maintaining of street trees;
(8) Operating construction equipment in such a manner as to cause it to contact the street tree; and
(9) Disrupting the anchorage of the tree or changing the grade within the crown dripline of any tree.
(E) No person shall plant a tree or other plant material in a right-of-way or easement other than lawn or other similar planting materials, unless approved by the Director.
(1995 Code, § 8.32.070) (Ord. 08-12, passed 7-15-2008)
§ 8.32.080 Duty to trim trees.
(A) Notwithstanding other provisions of this chapter to the contrary, it is hereby the duty of the adjacent property owner to keep that portion of every tree extending over any street or alley trimmed to a height of at least 14 feet, and that portion of every tree extending over the sidewalk shall be trimmed to a height of at least ten feet. The sidewalk area beneath any tree, and tree canopy, is to be kept free of all debris.
(B) In addition, for properties located on corners, it shall be the duty of the property owner to keep trees and shrubs trimmed back to provide a clear line of sight for drivers, bicyclists and pedestrians.
(1995 Code, § 8.32.080) (Ord. 08-12, passed 7-15-2008)
§ 8.32.090 Location and spacing standards.
The location and spacing of street trees is subject to the approval of the Director.
(A) In the interest of public safety, trees shall be located not less than:
(1) Thirty feet from the end of the curb return at any intersection;
(2) Ten feet from any fire hydrant;
(3) Ten feet from the edge of any drive approach; and
(4) Five feet from any point on the ground which is the surface of any trench lines for underground utilities servicing private or public property.
(B) Spacing standards in residential property shall be as follows:
(1) Fifty feet for trees with an eventual height of 40 feet or more;
(2) Thirty-five feet for trees with an eventual height of 35 feet or less;
(3) Twenty-five feet from light standards for trees with an eventual height of 40 feet or more; and
(4) Eighteen feet from light standards for trees with an eventual height of 35 feet or less.
(1995 Code, § 8.32.090) (Ord. 08-12, passed 7-15-2008)
§ 8.32.100 Unauthorized planting.
(A) No tree, plant or shrub shall be planted or located in or upon any public right-of-way without a permit therefor having first been issued by the Director. The permit shall not require the payment of any application fee or other cost to the applicant and will only be issued if it is found that the proposed planting or placing is in accordance with the Street Tree Plan.
(B) Any tree, shrub or plant, planted within any parkway or planting easement without written permit of the Director may be removed by the Director. The Director shall notify the adjoining and abutting property owner(s) in writing, listing the unlawfully planted tree(s), shrub(s) or plant(s), ordering their removal, and establishing a reasonable time within which removal shall be accomplished. In the event the removal is not accomplished within the time specified, the Director is authorized to remove the tree(s), shrub(s) or plant(s) and the cost thereof shall be assessed to the property owner. The charge assessed the property owner shall be equal to the cost of labor (including overhead), equipment and materials.
(1995 Code, § 8.32.100) (Ord. 08-12, passed 7-15-2008)
§ 8.32.110 Criteria for granting tree removal permits.
(A) The Director may cause street trees or other plant material planted in a parkway or easement to be removed by the city if they are deemed by the Director to be unhealthy, hazardous, undesirable or causing excessive damage to existing public improvements or street trees.
(B) Any property owner desiring to remove a tree from the parkway or easement abutting his or her property shall make application to the Department. The Director shall determine whether or not the tree is required to be retained in order to preserve the intent and purpose of the Street Tree Plan. In making a determination, the Director shall consider the inconvenience or hardship which retention of the tree would cause the property owner, and consider also the condition, age, desirability of tree species and location. If the Director finds that the tree may be removed without violating the intent and spirit of the Street Tree Plan, the property owner may be authorized to remove such tree at the property owner’s own expense and liability providing that any trees removed shall be replaced by street trees in that location or elsewhere in the city as approved by the Director. Any replacement shall be made based upon evaluation by the Director of the condition of the site to determine whether replacement is warranted. If a permit is granted for removal of a street tree, all removal work shall be completed within 60 days from the date of issuance of the permit and shall be under the general supervision of, and in accordance with, rules established by the Director. All tree stumps shall be removed to a depth specified by the Director. All removal permits shall be null and void after the expiration of 60 days from the date of issuance, unless extended by the Director or designee.
(C) In determining whether a tree may be removed and replaced, the Director shall consider, among other things, the following:
(1) Whether the tree or trees pose a potential for safety problems despite a sound maintenance program;
(2) Whether the roots from adjacent parkway trees are interfering with sewer lines
servicing the abutting property to the extent that the property owner requires frequent repair of said sewer lines;
(3) Whether the tree is dead, dying or incurably diseased;
(4) Whether the tree is diseased and weakened by age, storm, fire or other injuries so as to pose a danger to persons, property, improvements or other trees;
(5) Whether the tree is of an undesirable species;
(6) Whether the tree poses a hardship to the adjacent property owner such as, but not limited to, the cracking or raising of a garage floor or, in the case of a handicapped person, special circumstances exist which cause the location of the tree to become a hindrance for vehicle, and handicapped access; and
(7) Whether removal is necessary for construction of a street widening or other public improvement project, or necessary street or public improvement repair work.
(1995 Code, § 8.32.110) (Ord. 08-12, passed 7-15-2008)
§ 8.32.120 Standards and specifications.
All tree work in public parkways, whether by the city, abutting property owner, contractor, nurseryman or individual, shall be done in accordance with the city improvement standards and standard specifications and standards of practice as established by resolution of the City Council, from time to time.
(1995 Code, § 8.32.120) (Ord. 08-12, passed 7-15-2008)
§ 8.32.130 Preservation of desirable trees - Heritage trees.
It is the intent of the City of Tulare that certain desirable street trees, bearing unique characteristics, and certain designated “heritage trees” be preserved even if the desirable or heritage trees are damaging adjacent pavement and property. Efforts to preserve such trees shall be made using one or more of the following procedures, giving due consideration to the site conditions of the tree:
(A) The use of gravel or packed decomposed granite or rubber sidewalk in place of concrete or asphalt paving over tree roots;
(B) The realignment of the sidewalk and curb around a problem root area; and
(C) Root pruning combined with installation of root control devices, and pavement restoration, to the extent the city has funds available to undertake such a project.
(D) All heritage trees require a pruning permit or removal permit from the department before any work may begin.
(1995 Code, § 8.32.130) (Ord. 08-12, passed 7-15-2008)
§ 8.32.140 Tree preservation in construction areas.
(A) Any tree growing upon public property which is to be removed for construction purposes shall be replaced, if site conditions permit, in accordance with the city’s tree planting policy. If the Director determines that a tree can be replaced, the person causing its removal shall, at their own expense, remove and replace such tree with a tree, or trees, at a location and of a size, number and species to be determined by the Director.
(B) Any tree growing upon public property near any excavation, construction or street work shall be sufficiently guarded and protected by those responsible for such work so as to prevent any injury to the tree. No person shall excavate any ditches, tunnels or trenches, or install pavement within a radius of four feet from any street tree without written permission of the Director.
(C) Whenever any parkway is paved, openings at intervals and sizes determined jointly by the City Engineer and the Recreation, Parks and Library Director shall be left unpaved, the openings plumbed for bubblers from the adjacent development, and trees planted in a manner acceptable to the Director.
(1995 Code, § 8.32.140) (Ord. 08-12, passed 7-15-2008; Ord. 03-1915, passed --2003)
§ 8.32.150 Tree well installation, planting and maintenance.
Tree wells in full width sidewalks are desired along major arterials and collectors. Street trees shall be installed pursuant to the following guidelines:
(A) An improvement agreement between the city and developer or abutting property owner shall include provisions for the installation of tree wells and irrigation in sidewalks abutting the affected property and the planting of an approved street tree;
(B) The subdivider, developer or owner shall pay the city a fee per street tree to be planted in each required tree well. The fee shall be determined on an annual basis by resolution of the Council and shall cover and include the cost of the requisite tree or trees, tree stake(s), soil amendment, root barrier, and irrigation, and will cover, the cost of installation by city forces or by parties under contract with the city, should that be necessary, and an administrative processing fee;
(C) All fees collected pursuant to this section shall be deposited in the Street Tree Trust Account as is described in this chapter and, upon completion of the improvements to the subject parcel or parcels, the unused portion of the fee paid by the owner, developer or subdivider, shall be returned following a satisfactory inspection by the department and a request from the owner, developer, or subdivider. Fees not requested within one year of project completion shall remain in the Street Tree Trust Account to be used for tree planting elsewhere in the city at the discretion of the Director;
(D) All street trees planted shall be of the species identified in the approved city street tree list;
(E) All trees shall be 15-gallon container size and shall include a root barrier and two stakes pursuant to city improvement standards;
(F) Spacing of the trees shall be determined on a case by case basis, but generally will be 35 feet apart in accordance with city spacing requirements; and
(G) Developer shall provide ongoing tree maintenance in these designated tree wells except as otherwise provided in this chapter.
(1995 Code, § 8.32.150) (Ord. 08-12, passed 7-15-2008)
§ 8.32.160 Root barriers.
(A) Root barriers shall be required in all street tree planting installations in tree wells and in new residential subdivisions and individual residential lots, whether new or existing, when street trees are installed in their parkways.
(B) Root barriers shall be installed pursuant to city improvement standards.
(1995 Code, § 8.32.160) (Ord. 08-12, passed 7-15-2008)
§ 8.32.170 Tree planting requirements for new residential construction.
Prior to the approval of a new residential subdivision in the city, the subdivider or developer shall obtain the approval, by the Director or designee, as to the number and size of parkway trees inside the new subdivision as well as outside the subdivision walls. The locations and spacing standards for new subdivisions shall be approved by the Director or designee and the subdivider’s or developer's plans shall provide for the planting of a maximum of two street trees for each residential unit of the subdivision, except for corner residential units which shall require a maximum of four trees per unit. The trees planted pursuant to this section shall be taken from fifteen-gallon containers and be staked according to city standards. Approval of the tree installation by the Director or designee shall be a condition for occupancy of the residential unit or units. All trees planted pursuant to this section shall be of a species approved by the Parks and Recreation Commission.
(1995 Code, § 8.32.170) (Ord. 14-05, passed 10-21-2014; Ord. 08-12, passed 7-15-2008)
§ 8.32.180 New residential planting - Fee and maintenance requirements.
(A) In all cases of street tree planting pursuant to § 8.32.170, and in all cases of street tree planting on individual residential lots, the subdivider, developer or owner shall pay the city a fee per street tree. This fee shall be determined on an annual basis by resolution of the Council. This fee shall include the cost of the requisite tree or trees, tree stake(s), soil amendment, root barrier and irrigation. The fee will cover, in part, the cost of installation by city forces or by parties under contract with the city, a maintenance fee for the interim period from planting until occupancy of the residential unit, and an administrative processing fee.
(B) There is hereby created a “Street Tree Trust Account” within the city for disbursement of funds necessary for the administration of this chapter, as well as to plant and maintain trees pursuant to § 8.32.170. All fees collected pursuant to this section shall be deposited in the Street Tree Trust Account. Upon completion of the subdivision or the individual residential lot, and following a satisfactory inspection by the department and a request from the owner, developer, or subdivider, the unused portion of the fee paid shall be returned. Fees not requested within one year of project completion shall remain in the Street Tree Trust Account to be used for tree planting elsewhere in the city at the discretion of the Director.
(1995 Code, § 8.32.180) (Ord. 08-12, passed 7-15-2008)
§ 8.32.190 Departmental cooperation.
(A) The Director and various city departments and agencies shall cooperate in the enforcement and fulfillment of the provisions of this chapter. The cooperation includes, but is not limited to, the provisions of this section.
(B) The Director of Public Works, the City Engineer, and the Planning Director, or their designee(s), shall notify the Director of any permits issued for new improvements which might require the removal of, or cause injury to, any street tree, or interference with the fulfillment of the street tree plan.
(1995 Code, § 8.32.190) (Ord. 08-12, passed 7-15-2008)
§ 8.32.200 Liability.
Nothing in this chapter shall impose any liability upon the city, or member of the Council, or any of its officials or employees, nor relieve the owner or occupant of any private or public property from the duty to keep his or her property, sidewalks, and rights-of-way abutting such property, in a safe condition, free from hazards to public use.
(1995 Code, § 8.32.200) (Ord. 08-12, passed 7-15-2008)
§ 8.32.210 Appeals.
The decision of the Director may be appealed by any person aggrieved by the decision. The appeal shall be in writing, signed by the applicant with a statement of reasons supporting the appeal. The appeal shall be filed with the Parks and Recreation Commission not later than the thirtieth day following the decision being appealed. The Parks and Recreation Commission shall hear the appeal and render an opinion within 30 days. Any person excepting to any decision rendered by the Parks and Recreation Commission may appeal to the Council, in writing, within 30 days of the date of mailing of the decision to the appellant.
(1995 Code, § 8.32.210) (Ord. 14-05, passed 10-21-2014; Ord. 08-12, passed 7-15-2008)
§ 8.32.220 Penalties.
(A) Any person who violates any provisions of this chapter, which are declared to be unlawful, shall be guilty of a misdemeanor, subject to a penalty of imprisonment in the County Jail not exceeding six months, or by a fine not to exceed $500 for each violation, or both. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.
(B) Any person convicted of an infraction under this chapter shall be punished by:
(1) A fine not exceeding $50 for a first violation;
(2) A fine not exceeding $100 for the second violation of this chapter within one year; and
(3) A fine not exceeding $250 for each additional violation of this chapter within one year.
(1995 Code, § 8.32.220) (Ord. 08-12, passed 7-15-2008)
§ 8.36.010 Definitions.
Except as otherwise provided in this section, the words and phrases used in this chapter shall have the same meaning as described thereto, unless from the context hereof it clearly appears that a different meaning is intended.
AVAILABLE SHELTER.
A public or private shelter or similar accommodation, with an available overnight space, open to an individual or family unit experiencing homelessness, at no charge. A shelter shall not be considered available when the individual cannot occupy said space due to overcapacity, exhaustion of stay limitations, or when religious observance is required as a condition of gaining shelter. If the individual refuses available shelter or otherwise cannot utilize the available shelter space due to voluntary actions including, but not limited to, intoxication, drug use, unruly behavior, or violation of shelter rules, the overnight shelter space shall be considered available.
CAMP.
Placing, setting up or utilizing camping equipment such as tents, tarpaulins, temporary shelters whether commercially produced or improvised from random materials, cooking facilities, hammocks, ground cover, bedding, sleeping bags or other equipment of a similar nature used for living accommodation or lodging purposes in the outdoors. CAMPING does not include use of umbrellas or sun shades during the time the park is open to the public or the use of temporary structures pursuant to a permit issued pursuant to this chapter. An activity shall constitute CAMPING when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. CAMPING shall not include merely sitting, lying or sleeping outside in a public park area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public.
CAMP EQUIPMENT.
Tents, tarpaulins, lean-tos, huts, cardboard boxes, or similar makeshift temporary shelters constructed from random materials, as well as cooking facilities, hammocks, ground cover, bedding, sleeping bags, or other similar equipment used for living in the outdoors.
CITY.
The City of Tulare.
DEPARTMENT.
The Parks, Library and Recreation Department.
DIRECTOR.
The Community Services Director of the city or his or her authorized representative.
IN-LINE SKATES.
A common roller skate with wheels in a straight line resembling the blade of an ice skate.
PARK.
Any outdoor area owned, leased, or controlled by the city opened to the public for recreational use, including but not limited to any body of water, land, campsite, recreation area, building, or structure.
PARK AND RECREATION COMMISSION.
An advisory board to the City Council to advise and assist in the development of park and recreation activities in the city.
ROLLER BLADES.
A type of roller skate in which the wheels are set in a single straight line under the boot; a type of in-line skate.
ROLLER SKATES.
A shoe, boot, or an apparatus worn on a shoe or boot with wheels attached, whether permanently or temporarily, to such shoe, boot or apparatus.
SKATEBOARD.
A four wheeled platform used for the activity of skateboarding that is propelled by pushing with one foot while the other remains on the board, or by pumping in structures such as a mega ramp, vert ramp, half-pipe, mini ramp, quarter pipe or bowl.
SKATEBOARD PARK.
Any area designated by the city for exclusive public use of in-line skates, roller blades, or skateboards.
TULARE CITY COUNCIL.
The elected or appointed legislative body of the City of Tulare.
(1995 Code, § 8.36.010) (Ord. 2021-06, passed 1-18-2022; Ord. 14-05, passed 10-21-2014; Ord. 03-1915, passed - -2003)
§ 8.36.020 Activities requiring permits for the use of a park.
A permit for the use of a park owned by or under the control of the city shall be required for the uses hereinafter set forth:
(A) Reservation of soccer fields, tennis courts and baseball and softball diamonds for organized play;
(B) Use of picnic pavilion for group picnicking activities;
(C) Use of all lighted facilities with the exception of coin-operated light meters for recreation use. Permits required for daytime and evening tennis tournament use;
(D) Group cultural activities; displays of wares and merchandise, fund-raising projects, exhibitions as part of an open, industrial wide-show; bandstand use; organized non-city sponsored athletic and nonathletic programs or projects; tournament play; traditional sports programs not city-sponsored;
(E) Nontraditional organized sports activities;
(F) Concessionaire, person, group or organization sale of food and/or nonalcoholic beverages when provided in conjunction with approved non-city-sponsored activities;
(G) Any group of 50 or more persons; and
(H) Any group or person that will install and/or use equipment or facilities which is not owned or operated by the City of Tulare.
(1995 Code, § 8.36.020) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.030 Permit - Application contents.
Whenever a permit is required in this chapter, an application shall be filed with the Director stating:
(A) The name and address of the applicant;
(B) The name and address of the person, group, organization or corporation sponsoring the activity;
(C) The nature of the proposed activity;
(D) The dates, hours and park location for which the permit is desired;
(E) An estimate of attendance;
(F) The signing of a waiver release holding the city, their officers and employees harmless against any and all liability; and
(G) Any other information which the Director, regarding public health, safety and welfare, finds reasonably necessary to a fair determination as to whether a permit should be issued.
(1995 Code, § 8.36.030) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.040 Permit - Standards for issuance.
The Director shall issue a permit hereunder when he or she finds:
(A) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;
(B) That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
(C) That all conditions, including where applicable, the payment of fees, approval of the Tulare City Council, and insurance coverage, are met;
(D) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;
(E) That the proposed activity or use will not entail unusual, extraordinary or burdensome expense or security operation by the Department;
(F) That the facilities desired have not been reserved for other use;
(G) The conduct of the activity or use of the area will not have an adverse impact on the surrounding neighborhood due to parking, noise or crowds;
(H) Insurance coverage shall be required, if in the opinion of the Director, the conduct of the event or program would potentially constitute a hazard to public safety. The Director, or his or her designee, may, at his or her discretion, require an insurance policy as a condition of the issuance of the permit. If a policy is required, the permittee must obtain, pay for, and maintain a policy of general liability insurance, approved as to form by City Attorney which shall insure the city, its officers and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee or his or her agents or employees and occurring during the period and as a result of the activities for which the permit was issued. The amount of coverage to be provided by the policy shall be determined by the Director, or his or her designee. The City Attorney may accept, as compliance with the requirement imposed by this division, the presentation of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, the city, its officers and employees, have been added as additional insured. The certificate shall additionally provide that the required insurance will not be modified, changed or terminated until at least ten days' written notice thereof has been transmitted to the Director; and
(I) It shall be a condition of the issuance of any park facilities permit that the permittee shall agree to defend and to hold the city, its officers and employees harmless from any and all claims and liability of any kind whatsoever resulting from or arising out of the issuance of the permit.
(1995 Code, § 8.36.040) (Ord. 2021-06, passed 1-18-2022; Ord. 14-05, passed 10-21-2014; Ord. 03-1915, passed - -2003)
§ 8.36.050 Violation of regulations - Sanctions.
(A) Any person violating the provision of this chapter shall be guilty of a misdemeanor and subject to the following penalties; a fine of not more than $500, by imprisonment for not more than six months in the County Jail, or both the fine and imprisonment. Notwithstanding the classification of a violation of this chapter as a misdemeanor at the time an action is amended to enforce the provisions of this chapter, the Trial Court, upon recommendation of the prosecuting attorney, may reduce the charge of the offense from a misdemeanor to an infraction pursuant to Cal. Penal Code § 19. Any person convicted of an infraction of this chapter shall be punished by:
(1) A fine not exceeding $50 for the first violation;
(2) A fine not exceeding $100 for the second violation of this chapter within one year; and
(3) A fine not exceeding $250 for each additional violation of this chapter within one year.
(B) The Director shall have the authority to revoke a permit upon a finding of violation of any regulation contained in this chapter or upon a finding of violation of other city ordinance or laws of this state.
(C) The Director shall have the authority to eject from any park, any person acting in violation of regulations contained in this chapter; and
(D) The regulations contained herein shall not prohibit any person authorized by the Director from the normal exercise of requested, assigned or contractual duties.
(E) Malicious injury or destruction of any real or personal property which constitutes vandalism under the provision of Cal. Penal Code § 594 shall be prosecuted as a violation of Cal. Penal Code § 594 and shall be punishable as either an infraction, misdemeanor, or a felony, as provided in Cal. Penal Code § 594. Under Cal. Penal Code § 594, if vandalism results in damage of $1,000 or more, the vandalism may constitute a felony punishable by a fine of $1,000 or up to a year in state prison or both.
(1995 Code, § 8.36.050) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.060 Authority to close facilities.
The Director shall have the authority to close any park or portion thereof and require the exit of all persons therein when he or she determines that conditions exist in the facility or portion thereof which present a hazard to the facility or to public safety. The Director shall have the authority to close to the public any park or portion thereof at any time and for any interval of time, either temporarily or at regular or stated intervals, and either entirely or merely to certain uses, as the Director shall find reasonably necessary.
(1995 Code, § 8.36.060) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.070 Failure to obtain required permit.
No person shall use, occupy or otherwise remain in any park or portion thereof for which a permit is required without first having obtained the permit.
(1995 Code, § 8.36.070) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.080 Priority of use.
Any person using a park or portion thereof which may be reserved by obtaining a permit, but who has not obtained the permit, shall vacate the area when holders of a valid permit present themselves.
(1995 Code, § 8.36.080) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.090 Exhibiting permit.
No person shall fail to produce and exhibit a permit he or she claims to have upon request of any department employee or any peace officer who desires to inspect the permit for the purpose of enforcing compliance with any regulation in this chapter.
(1995 Code, § 8.36.090) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.100 Selling and advertising.
Within the boundaries of any park or on public property adjacent to a park, no person shall sell, vend, peddle, expose, offer for sale or distribute after sale to the public any merchandise, service or property or sell tickets for any event, nor shall any person distribute, circulate, give away, throw or deposit in or on any park or on public property adjacent to a park, any handbill, circulars, pamphlets, papers or advertisements, which material calls the public attention in any way to any article or service for sale or hire, nor within any park or on public property adjacent to a park, shall any person solicit or collect donations of money or other goods from the public, without the express approval of the Park and Recreation Commission for such activity within the specific park or on public property adjacent to a park.
(1995 Code, § 8.36.100) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.110 Restrooms.
Male persons shall not enter any restroom set apart for females, and female persons shall not enter any restroom apart for males, except this shall not apply to children under the age of six years, who are accompanied by a person who is of the sex designated for that park and who has reason to be responsible for the child.
(1995 Code, § 8.36.110) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.120 Water pollution.
While within the boundaries of any park, no person shall throw, discharge or otherwise place or cause to be placed in the water or in any tributary, stream or drain flowing into such waters, any substances, matter or thing, liquid or solid, including, without limitation to, particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel, food matter, wood, fiber and plastics.
(1995 Code, § 8.36.120) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.130 Refuse.
No person shall dump, deposit or release any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or trash in or on any park except that refuse which is incidental to the use of the park may be deposited in the receptacles provided therefor. For purposes of this section, an incinerator, stove, fire ring, barbecue or other device used to contain fires or for cooking is not a proper receptacle for refuse or other waste material.
(1995 Code, § 8.36.130) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.140 No smoking.
No person shall smoke any substance in any area designated as a park.
(1995 Code, § 8.36.140) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.150 No fires.
(A) Without a permit issued by the Director, no person shall ignite, maintain or use any fire in any place within any park except in a barbecue cooker or other cooking device authorized by the Director for that purpose.
(B) No person shall ignite or maintain a fire or materials deposited in any can, box, trench, pit or other receptacle maintained for the purpose of garbage disposal or incineration.
(1995 Code, § 8.36.150) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.160 No fireworks.
No person shall possess or ignite in any park firecrackers or fireworks, including any material for the making of a pyrotechnic display. Nothing contained in this section, however, shall prohibit any discharge or display of fireworks defined and classified as "safe and sane fireworks" in Cal. Health and Safety Code § 12508 at any public gathering or patriotic celebration provided a permit for the discharge has been obtained from the Director.
(1995 Code, § 8.36.160) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.170 No firearms, airguns and other weapons.
No person other than peace officers in the discharge of their duties shall use, maintain, possess, fire or discharge any firearm, airgun, bow and arrow, sling shot or any other weapon potentially dangerous to wildlife or human safety except in areas, at times and under conditions, designated by the Director for the use. Firearms may be possessed with a valid concealed weapon permit.
(1995 Code, § 8.36.170) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.180 Animals.
No person shall:
(A) Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal within the boundaries of any park, nor remove or have in his or her possession the young, eggs or nest of any such creature;
(B) Abandon any animal dead or alive within any park;
(C) Remove any animal not his or her own from within any park; exception is made to the foregoing in that in proper season, fish may be fished and removed from areas designated for fishing by licensed persons;
(D) Bring into or maintain in or upon any park any dog, cat or other animal unless the animal at all times is kept on a leash and under full control of its owner or custodian; provided, however, the Director may designate areas and times within which person may show, demonstrate or train unleashed animals under full control of their owners or custodians;
(E) Permit cattle, sheep, goats, horses or other animals owned by him or her or in his or her possession, to graze within the boundaries of any park;
(F) Ride a horse, pony, mule, burro or other animal onto or over real property within any park other than at times and upon roads or trails designated for riding of animals; and
(G) Fail to promptly remove from any park to an appropriate receptacle fecal matter deposited thereon by a dog in the person's charge.
(1995 Code, § 8.36.180) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.190 Fishing in Del Lago Park.
(A) No person, other than a child or disabled person as defined by this section, shall fish in the lake in Del Lago Park.
(B) For the purpose of this section, CHILD shall mean any person aged 15 years or younger.
(C) For the purpose of this section, DISABLED PERSON shall mean any person with a developmental disability, as defined by Cal. Welfare and Institutions Code § 4512, as well as any condition that is substantially similar to a developmental disability but that originates after the age of 18. DISABLED PERSON shall also include any person having any permanent physical condition that substantially requires the use of a wheelchair for mobility.
(D) Any person violating this section is guilty of an infraction, and upon conviction thereof shall be punished by a fine of not more than $50 for the first violation; a fine of not more than $100 for the second violation within one year, and a fine of not more than $250 for each additional violation within one year.
(E) The Director, police officers, and code enforcement officers are charged with enforcing this section and may issue citations for any violation of this section.
(Ord. 2021-06, passed 1-18-2022; Ord. 09-12, passed 10-6-2009)
§ 8.36.200 Real property - Appropriation or encumbrance.
No person shall deposit any earth, sand, rock, stone or other substance within any park, nor shall he or she dig or remove any such material from within any park, nor shall he erect or attempt to erect any building, wharf or structure of any kind, by driving or setting up posts or piles, nor in any manner appropriate or encumber any portion of the real property owned, operated, controlled or managed by the Department, without a permit from the Director.
(1995 Code, § 8.36.190) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.210 Property - Use of.
No person shall:
(A) Dig up, pick, remove, mutilate, injure, cut or destroy any turf, tree, plant, shrub, bloom, flower, artifact or archeological site, or any portion thereof;
(B) Cut, break, injure, deface or disturb any building, sign, fence, bench, structure, apparatus, equipment or property, or any portion thereof; or
(C) Without authorization from the Director, make or place on any tree, plant, shrub, bloom, flower, buildings, sign, fence, bench, table, structure, apparatus, equipment or property, or any portion thereof, any rope, wire, mark, writing, printing, sign, card, display or similar inscription or device.
(1995 Code, § 8.36.200) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.220 Lock and keys.
No person other than one acting under the direction of the Director shall duplicate or cause to be duplicated a key used by the Department for a padlock or door lock of any type or description, nor shall any person divulge the combination of any lock so equipped to any unauthorized person.
(1995 Code, § 8.36.210) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.230 No motorized vehicle use.
No motorized vehicle shall be permitted within the boundaries of any park unless such park has been specifically designed and constructed to permit the use of motorized vehicles and a notice to this effect has been posted at the entrance of the park. In cases where the park has been designated and constructed and posted as aforesaid, the following regulations will apply:
(A) While within the boundaries of any park, no person shall drive or operate any automobile, motorcycle, motorscooter, trail bike, dune buggy, truck or other motorized vehicle on roads, turf, maintenance service roads and pathways, or trails other than those designated for that purpose.
(B) While within the boundaries of any park, no person shall drive any automobile, motorcycle, motorscooter, truck or other motorized conveyance, except an authorized emergency vehicle, at a rate of speed exceeding ten mph except as may be otherwise posted by the Director or in any case at speeds exceeding safe conditions dictated by prevailing circumstances.
(C) No person shall operate any automobile or other motorized vehicle within the boundaries of any park unless the vehicle is currently licensed, except unlicensed vehicles may be operated in areas designated and posted for the use and in accordance with the rules established for the areas.
(D) No person shall park any automobile or other motorized vehicle within any park except in areas specifically designated as parking areas. In no case shall any person park a motorized vehicle in a manner that presents a hazard to the public.
(E) No person shall park or otherwise allow automobiles and other conveyances to remain within the boundaries of any park during the hours the park is closed without a permit from the Director.
(F) No person shall abandon any motorized vehicle within the boundaries of any park.
(G) No person shall wash or repair any automobile or other motorized vehicle within the boundaries of any park.
(H) All motorized vehicles within the boundaries of any park shall be equipped with a property installed muffler device which is in constant operation and which prevents excessive or unusual noise. No muffler device or exhaust system shall be equipped with a cutout, by pass or other similar device.
(1995 Code, § 8.36.220) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.240 Use of bicycles and skateboards on pedestrian paths.
(A) No person shall ride a bicycle or skateboard on any grassy area, service roads or pathways, path or pathways designated for pedestrian use. A bicyclist shall be permitted to push a bicycle by hand over any such grassy area, path or walkway.
(B) No person shall leave a bicycle or skateboard in any place or position where other persons may trip over or be injured by it. Bicycles shall be left in a bicycle rack when one is provided and there is space available.
(1995 Code, § 8.36.230) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.250 Requirements for use of skateboard park.
(A) It is unlawful for any person to utilize the skateboard park unless that person is wearing proper safety equipment including, but not limited to: a helmet, elbow pads, knee pads and appropriate footwear (no sandals, open-toed footwear or bare feet).
(B) Any person who fails or refuses to comply with § 8.36.240 or any rules and regulations adopted by the Council covering the skateboard park or who is injured while using the skateboard park shall be deemed negligent.
(Ord. 2021-06, passed 1-18-2022; Ord. 08-13, passed 7-15-2008)
§ 8.36.260 Rules and Regulations for use of skateboard park.
The City Council by resolution upon the recommendation of the Director shall adopt Rules and Regulations for the operation and use of the skateboard park.
(Ord. 2021-06, passed 1-18-2022; Ord. 14-05, passed 10-21-2014; Ord. 08-13, passed 7-15-2008)
§ 8.36.270 Posting of rules.
The Parks, Library and Recreation Department shall cause a sign or signs to be posted at all such skateboard parks or facilities providing reasonable notice stating that any person failing to comply with the skateboard park rules shall be guilty of an infraction of the skateboard park rules and subject to citation.
(Ord. 2021-06, passed 1-18-2022; Ord. 14-05, passed 10-21-2014; Ord. 08-13, passed 7-15-2008)
§ 8.36.280 Hours of use.
The Director is authorized to promulgate responsible opening and closing hours for park facilities. No person shall enter, remain in or camp in or on any park during the hours or any part of the hour(s) the park is closed without a permit from the Director. This policy shall establish a curfew between 10:00 p.m. and 6:00 a.m. in all public parks.
(A) No person shall remain or camp in any public park between the hours of 10:00 p.m. and 6:00 a.m. of the following day.
(B) The prohibitions contained in division (A) of this section will not apply to:
(1) Special use facilities, as may be posted by the Department extending use hours;
(2) Any person attending a meeting, entertainment event, recreation activity, dance, or similar activity in the park, provided the activity is sponsored or co-sponsored by the Department or a permit therefor, has been issued by the Department;
(3) Any person exiting the park immediately after the conclusion of any activity set forth in division (B)(2) of this section;
(4) Any peace officer or employee of the city while engaged in the performance of his or her duties.
(1995 Code, § 8.36.240) (Ord. 2025-05, passed 5-6-2025; Ord. 2022-04, passed 5-17-2022; Ord. 2021-06, passed 1-18-2022)
§ 8.36.290 Dangerous activities prohibited.
The playing of rough or comparatively dangerous games such as football, horseshoes, soccer, baseball or any games involving thrown, hit or otherwise propelled objects such as golf balls, balls of other description, stones, arrows, javelins or model airplanes is prohibited except in fields, courts or areas specifically provided therefor, or with express permission of the Director in areas compatible to that use. Persons desiring to use a park for the specific purpose for which the park was established shall have the priority of use over the park for another non-prescribed purpose.
(1995 Code, § 8.36.250) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.300 No swimming in parks.
No person shall swim, bathe or wade in any water or waterways within any park when the activity is prohibited and so posted by the Director upon his or her finding that use of the water could be dangerous to the user, incompatible with the function of the park or inimical to public health.
(1995 Code, § 8.36.260) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.310 Alcohol sale and consumption by permission only.
Sale and/or possession and/or consumption of alcoholic beverages shall not be allowed upon the premises of any Tulare City Park, including adjoining parking lots, except that the sale of beer and wine may be sold and consumed on premises of Zumwalt Park in the City of Tulare pursuant to the following regulations and policies.
(A) Sale, possession and consumption shall be limited to beer and wine only.
(B) Beer and wine sales shall be limited to public, quasi-public and/or non-profit organizations.
(C) Events must be open to the general public. Closed or private events will not be issued a permit.
(D) Applicant must obtain license from the Department of Alcohol Beverage Control pertinent to the date(s) of event.
(E) A minimum of two security guards shall be required for all events. One guard shall be stationed at each point of alcohol sale. In the event attendance is anticipated to exceed 200, one additional guard shall be required for each additional 100 persons.
(F) Cup size for beer sales shall be limited to 12 ounces and cup size for wine shall be limited to ten ounces. The sale of wine by the bottle is prohibited.
(G) There shall be a two cup limit at each purchase.
(H) Beer gardens are not mandatory but may be required by the Director given the nature/type of event.
(I) Applicants shall furnish city with a $1,000,000 Liquor Liability Insurance Certificate naming the City of Tulare as an additional insured.
(J) Bring-on alcohol may be approved at the discretion of the Director.
(K) Alcohol sales may not extend beyond 9:00 p.m.
(L) The Director may impose additional requirements and/or restrictions as may be appropriate under the circumstances of the event.
(1995 Code, § 8.36.270) (Ord. 2021-06, passed 1-18-2022; Ord. 05-1978, passed 8-3-2005; Ord. 95-1769, passed - -1995)
§ 8.36.320 Personal gain.
No person shall operate, conduct or otherwise promote or sponsor activities that would result in personal gain, either financially or otherwise.
(1995 Code, § 8.36.280) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.330 Sale of food and beverage by groups and organizations.
The sale of food and/or nonalcoholic beverages may be permitted at a park providing the sale of food and/or beverage is not done so for personal gain or advantage and is done so in conjunction with a bona fide activity for which a permit has been issued by the Director. All food served, catered or otherwise presented, must comply with city, county and state health ordinances, codes and/or regulations.
(1995 Code, § 8.36.290) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.340 Regulations.
The Director may establish and post regulations governing the use of park facilities which are not inconsistent with the regulations contained in this chapter and which promote public health and safety and the preservation of property.
(1995 Code, § 8.36.300) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.350 Sound amplification equipment.
Within any park, no person shall use sound amplification equipment without a permit from the Director.
(1995 Code, § 8.36.310) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.360 Severability.
If any section, division, sentence, clause, phrase or portion of these regulations is for any reason held invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct and independent provision, and the holdings shall not affect the validity of the remaining portions thereof.
(1995 Code, § 8.36.320) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.370 Excessive noise.
No person in a park or on public or private property adjacent to a park shall produce, suffer or allow to be produced any loud noise from a radio, stereo, tape deck or other means, which noise disturbs the peaceful quiet enjoyment of any person in a public park.
(1995 Code, § 8.36.330) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.380 Prohibition of glass beverage containers.
This policy shall ban the presence of bottles and glass containers in public parks, including adjacent parking lots.
(A) It is unlawful for any person to possess any beverage container made of glass in any city park or playground or to bring, carry or transport any beverage container made of glass into any city park or playground.
(B) A first violation of this section shall constitute an infraction punishable by a fine not exceeding $25; a fine not exceeding $100 for a second violation within one year of the first; and a fine not exceeding $250 for each additional violation within one year of the first.
(1995 Code, § 8.36.340) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.390 Concession operations.
The sale of food and nonalcoholic beverages in public parks, by non-profit community based clubs and organizations and commercial vendors are permitted as part of an event sponsored by a community based non-profit group. The commercial vendor must receive prior approval of the department and obtain the appropriate permits. Conditions of sales shall include:
(A) Business license and compliance with applicable health codes;
(B) Filing of a department application;
(C) Motorized commercial concessionaires must obtain a special permit and be stationed in areas designated by the Department;
(D) In the case of sporting events by non-profit groups, concession areas will be established for each athletic field in areas designated by the Department; and
(E) All food served, catered or otherwise, must comply with city, county and state health ordinances, codes and/or regulations.
(1995 Code, § 8.36.350) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.400 Disorderly conduct.
No persons shall sleep or protractedly lounge on the seats, or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct, or behavior tending to breach the public peace.
(1995 Code, § 8.36.360) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.410 Exclusive use permit.
Parks may be made available for the exclusive use of bona fide public and tax exempt organizations within the Tulare service area and for activities sponsored by or supported financially or otherwise by the city, subject to the issuance of a permit by the Director. Organizations and groups may conduct fundraising activities only for community projects, charitable projects or educational projects.
(1995 Code, § 8.36.370) (Ord. 2021-06, passed 1-18-2022)
§ 8.36.420 Violation - Penalty.
Any person convicted of violating §§ 8.36.250 or 8.36.260 is guilty of an infraction, and upon conviction thereof shall be punished by a fine of $50 for the first offense; a fine of $100 for the second offense, and a fine of $150 for each additional offense. Upon the third offense the city shall have the right to seize the subject property of the offending party and the owner of said property forfeits all rights to recovery or reimbursement thereto.
(Ord. 2021-06, passed 1-18-2022; Ord. 08-13, passed 7-15-2008)
§ 8.37.010 Purpose.
The City Council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this chapter to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets by excluding any person who violates any provision of the Tulare Municipal Code, rule or regulation of the city, or any of the laws of the State of California.
(Ord. 2025-05, passed 5-6-2025)
§ 8.37.020 Definitions.
The following words, phrases and terms as used in this chapter shall have the following meanings:
CITY PROPERTY. All real property owned by the city, other than public right-of-way and utility easement, and all property held in proprietary capacity by the city.
HEARING OFFICER. The City Manager or their designee.
(Ord. 2025-05, passed 5-6-2025)
§ 8.37.030 Enforcement.
In addition to other measures provided for violation of this code, or any of the laws of the State of California, any department head of the City of Tulare may exclude someone from city property, excluding public rights-of-way, if that person violates any provision relating to the use, misuse, waste, or destruction of public property contained in the Tulare Municipal Code, rule or regulation of the city, or any of the laws of the State of California.
(Ord. 2025-05, passed 5-6-2025)
§ 8.37.040 Period of exclusion.
Exclusion under this chapter may be for a period of not more than 180 days and may apply to all or a portion of city property. The exclusion period will not begin until the sixth business day after the issuance of the exclusion or until the appeal is decided under Tulare Municipal Code § 8.37.070, whichever date is later, to allow for due process.
(Ord. 2025-05, passed 5-6-2025)
§ 8.37.050 Effect of exclusion and criminal trespass.
A person excluded from city property or city parks pursuant to this chapter may not enter or remain upon that city property or city parks during the exclusion period, except a person excluded from City Hall may enter upon or remain at City Hall to the extent necessary to file documents required to be filed with a city official. A person who knowingly violates an order of exclusion from city parks or city property may be charged with criminal or civil trespass.
(Ord. 2025-05, passed 5-6-2025)
§ 8.37.060 Written notice.
(A) Written notice shall be given to any person excluded from any city property or city parks.
(B) The notice shall specify the dates and places of exclusion. It shall be signed by the issuing party. The notice shall prominently display the consequences for failure to comply, including a violation of Cal. Penal Code § 602 and instructions for requesting a hearing to appeal the exclusion.
(Ord. 2025-05, passed 5-6-2025)
§ 8.37.070 Request for hearing.
A person receiving a notice of exclusion may request a hearing before a hearing officer to have the exclusion rescinded or the period shortened. Written notice of the appeal must be filed with the City of Tulare within three business days of receipt of the exclusion notice. Failure to file a written notice of appeal within three business days will be deemed a waiver of further action. No particular form shall be required of the appeal and must be filed with the City Clerk’s Office.
(Ord. 2025-05, passed 5-6-2025)
§ 8.37.080 Hearing procedures.
(A) When a timely request for a hearing is made, a hearing shall be held before a hearing officer.
(B) The hearing shall be set within three business days. The hearing may be scheduled for a later date if the person excluded so requests.
(C) At the hearing, the person excluded may contest the validity of the exclusion.
(D) The city official shall have the burden of proving the validity of the exclusion by a preponderance of evidence. The city official may present evidence either by testimony or written report of the officer. If the city evidence is presented only by written report and the hearing officer cannot resolve a question by information contained in the report, the hearing may be held open for a reasonable time to complete the record.
(E) If the hearing officer finds that:
(1) The person excluded violated any provision of this code, any law of the State of California, or any policy, rule or regulation of a city park or city property, then the hearing officer shall enter an order sustaining the exclusion; or
(2) The person excluded did not violate any provision of this code, any law of the State of California, or any policy, rule or regulation of a city park or city property, then the hearing officer shall enter an order rescinding the exclusion.
(3) Once a person has been deemed to be excluded, the 180-day exclusion will begin on the date of the ruling by the hearing officer.
(F) The decision of the hearing officer is final.
(Ord. 2025-05, passed 5-6-2025)
§ 8.37.090 Temporary waiver.
At any time within the period of exclusion, a person receiving such notice of exclusion may apply in writing to the City Manager for a temporary waiver from the effects of the notice of exclusion from city property or city parks. A waiver may be granted if the City Manager determines good cause exists.
(Ord. 2025-05, passed 5-6-2025)
§ 8.38.010 Purpose.
The City Council is committed to protecting the life, health, and safety of all people in the city and finds that certain public lands within the geographical boundaries of the city pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, the City Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The City Council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this chapter to set standards for the preservation and protection of human life, health, and safety to further the preservation and protection of sensitive public lands to prevent destruction of these assets, and to establish a process for the collection, storage, and disposal, recycling, or reuse of personal property found in encampments on public property.
(Ord. 2025-05, passed 5-6-2025)
§ 8.38.020 Definitions.
The following words, phrases and terms as used in this chapter shall have the following meanings:
ABATEMENT. The process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment according to the process in § 8.38.060 of this chapter.
CAMP. Placing, setting up, or utilizing camping equipment such as tents, tarpaulins, temporary shelters whether commercially produced or improvised from random materials, cooking facilities, hammocks, ground cover, bedding, sleeping bags, or other equipment of similar nature used for living accommodation or lodging purposes in the outdoors. Camping does not include the use of umbrellas or sunshades during the time the park is open to the public or the use of temporary structures pursuant to a permit issued pursuant to this chapter. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. Camping shall not include merely sitting, lying, or sleeping outside in a public park area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public.
CAMP PARAPHERNALIA. Personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture.
ENCAMPMENT. One or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. ENCAMPMENT includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.
PARK. Any outdoor area owned, leased, or controlled by the city opened to the public for recreational use, including but not limited to any body of water, land, campsite, recreation area, building, or structure.
SHELTER. Any city-funded shelter or shelter provided as part of the city’s coordinated intake system for shelter placements where individuals or families experiencing homelessness can access beds and other services or an area designated by the City Manager or their designee for use by individuals or families experiencing homelessness.
WASTE. Material of any nature that constitutes rubbish, solid waste, liquid waste or medical waste. WASTE also includes abandoned or unidentified personal property that is left unattended on public sidewalks and rights-of-way or other public property. WASTE does not include compost piles, composting or Recyclable material properly contained and disposed of in a timely fashion.
WATERWAY. All the portions, including embankments and vehicle easements, of Tulare Irrigation Canal, The People’s Ditch, Oakland Colony Ditch, Hooper Ditch, Railroad Ditch, Tulare Colony Ditch, Bates Slough Ditch, Elk Bayou Ditch, Porter Slough Ditch, Kaweah Canal, and any unnamed waterways found within the boundaries of the City of Tulare.
(Ord. 2025-05, passed 5-6-2025)
§ 8.38.030 Protection of waterways.
(A) It is unlawful for any person to do any of the following:
(1) Build or erect a structure of any type along the banks or in the body of any waterway, or drive a nail or other object into any tree or other
natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;
(2) Move boulders or large rocks, destroy vegetation, paved roads or paths created by the city, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway;
(3) Drive, park, or bring any vehicle along the banks of a waterway, except in places specifically provided and designated for vehicular use;
(4) Dig on the banks of a waterway; or
(5) Discharge or store items or waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway.
(B) Nothing in this section is intended to prohibit the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the City Manager or their designee or by any law, regulation, permit, order or other directive from a regulatory authority.
(Ord. 2025-05, passed 5-6-2025)
§ 8.38.040 Unauthorized encampments on public property.
(A) It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including in any street, sidewalk, parkway, lighting and landscaping areas, parking lots, park, Community Services Department buildings, waterway, and banks of a waterway.
(B) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment in the following locations:
(1) Within two blocks of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education provided signs are posted prohibiting camping that are clearly visible to pedestrians. School for purposes of § 8.38.040(B) does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
(2) Within two blocks of any shelter provided that signs are posted prohibiting camping that are clearly visible to pedestrians.
(3) In any waterway or the banks of a waterway.
(4) Within any transit hub or bus stop provided signs are posted prohibiting camping that are clearly visible to pedestrians.
(5) In any location where the City Manager or their designee determines there is a substantial public health and safety risk and provided signs are posted prohibiting camping that are clearly visible to pedestrians.
(Ord. 2025-05, passed 5-6-2025)
§ 8.38.050 Enforcement.
(A) This section is enforceable by any law enforcement officer, code enforcement officer, park ranger, or city staff as designated by the City Manager or their designee.
(Ord. 2025-05, passed 5-6-2025)
§ 8.38.060 Penalty.
For a first violation of this chapter, the officer shall issue a written warning that their conduct is in violation of this chapter and must give the person an opportunity to comply with the provisions of this chapter of at least 12 hours. A second violation of the provisions of this chapter, within a 12-month period shall, upon conviction thereof, be guilty of an infraction. A third violation under this chapter within a 12-month period, and every subsequent violation within a 12-month period shall be prosecuted as a misdemeanor by any office allowed to prosecute such crimes. Each violation of this chapter shall be a distinct and separate violation.
(Ord. 2025-05, passed 5-6-2025)
§ 8.40.010 Purpose.
This chapter is enacted for the purpose of adopting rules and regulations relative to the operation of the Mefford Field. These regulations are not intended to amend, modify or supersede provisions of federal or state law applicable to airport operations or any other specific contractual agreement of the city with which they may conflict.
(1995 Code, § 8.40.010)
§ 8.40.020 Definitions.
For the purposes of this chapter, certain words and terms used herein are defined as follows.
AGRICULTURAL OPERATOR. A person engaged in the business of supplying, loading and unloading agricultural and other chemicals used for crop dusting or other airborne spraying activities.
AIRPORT. Mefford Field including all property and improvements within the boundary lines of the airport.
AIRPORT MANAGER. The Airport Manager, as appointed by the City Manager or his or her designee.
CONCESSIONAIRE. Synonymous with FIXED BASE OPERATOR.
FIXED BASE OPERATOR. A person engaged in any business authorized by permit or agreement with the city on airport property.
FLYING CLUB. An association or group of more than three individuals jointly owning or leasing an aircraft where payment is made to the club for the operating time of the aircraft.
GLIDER. Any aircraft designed to operate without an engine or other means of propellant.
GROUND VEHICLE. Any motor vehicle other than an aircraft.
HANGAR. A building intended to house aircraft for storage, maintenance or other approved purpose.
ITINERANT OPERATOR. Any person using, on a temporary or intermittent basis, the airport or airport facilities in the conduct of a business.
PERMANENT BASED AIRCRAFT. Any aircraft parked or stored on the airport for 30 days or more.
RUNWAY. An area designated for landing and taking off of aircraft.
TIE DOWN. An unenclosed space where an aircraft may be tied down with ropes or devices to prevent unintentional movement.
TRANSIENT AIRCRAFT. Any aircraft parked or stored on the airport for less than 30 days.
(1995 Code, § 8.40.020)
§ 8.40.030 General provisions.
(A) Liability. The permission granted by the city to use the airport facilities shall be conditioned upon the assumption of full responsibility by each user. Each user shall release from, hold harmless of, and indemnify the city and its officers, agents and employees from any and all responsibility, liability, loss or damage caused by or on behalf of the person using the airport facilities.
(B) Insurance. Fixed base operators shall secure and maintain throughout the terms of their lease or agreement with the city public liability and property damage insurance in amounts to be specified by separate agreement and shall name the city as coinsured. A certificate of the insurance shall be filed with the Airport Manager.
(C) Accident reports. Every person involved in an accident on the airport property, including but not limited to pedestrian, aircraft or automotive occurring on the airport shall make a report to the Airport Manager not later than 24 hours after the accident occurs.
(D) Loitering.
(1) No person shall loiter in any building located on the airport or on airport property nor interfere, tamper with or put into motion any aircraft or other equipment without permission of the owner, unless directed by the Airport Manager.
(2) Any person refusing to comply with the rules and regulations of the airport, after proper request by the Airport Manager, shall be considered a trespasser.
(E) Motor vehicles.
(1) Operators of motor vehicles on the airport must possess a current valid driver’s license.
(2) Pedestrians and aircraft shall have the right-of-way over other vehicles. Vehicles shall pass to the rear of taxiing aircraft.
(3) When parked adjacent to a runway, vehicles must be placed parallel to the runway and at least 100 feet from the outside of the runway lights or from the runway shoulder where there are no lights.
(F) Trash disposal.
(1) Fixed base operators shall provide metal disposal bins, the location of which shall be approved by the Airport Manager.
(2) Petroleum products and chemicals shall not be placed in drains, basins or ditches on airport property.
(G) Flying clubs. Prior to operation on airport facilities, each flying club shall receive written permission from the Airport Manager. Each flying club shall file with the Airport Manager a list of the names and addresses of its members and a copy of the by-laws and regulations governing the flying club’s operations.
(H) Commercial activity. Persons engaged in commercial activity of any nature on the airport, including flight instruction, shall be required to enter into a written contract with the city unless specifically exempted from such requirement by the Airport Manager; except that an aircraft owner may perform repairs and inspection upon his or her aircraft provided that the work is conducted in an area approved by the Airport Manager so that it does not create a hazard or nuisance to other persons or aircraft. Other persons may assist the aircraft owner or supervise the maintenance work; however, if a fee for the service is charged, a city business license must be obtained.
(I) Signs. Signs, posters, advertisements, circulars or other written or printed matter shall not be placed or posted on the airport property or buildings without prior written permission of the Airport Manager, except that sale or lease signs may be placed in any aircraft. Each fixed base operator is requested to maintain a bulletin board on which to post the names and telephone numbers of the police, fire, Airport Manager, licensed physician and copy of the rules and regulations of the airport.
(J) Equipment or facility damage. Any person damaging any light fixture or other airport equipment or device by any means whatsoever, shall report the damage to the Airport Manager and shall be responsible for any costs required to replace or repair the damaged facility.
(1995 Code, § 8.40.030)
§ 8.40.040 Aircraft operation.
(A) General.
(1) Aircraft permanently based on the airport shall be registered with the Airport Manager.
(2) Permanently based aircraft shall be parked or hangared in specific areas designated by the Airport Manager.
(3) Disabled aircraft and aircraft parts shall be promptly removed from runways and taxiways to a designated storage area. If the owner or operator fails to move such disabled aircraft or parts within a reasonable time, the Airport Manager may require removal and storage at the owner’s expense.
(B) Ground operations.
(1) Engine warm up, prolonged engine test operations or pre-flight engine operational checks may not be performed in any area that would result in a hazard to other aircraft or persons.
(2) Aircraft shall be taxied in accordance with the with the prescribed taxiing procedures established by the Airport Manager. Taxiing is permitted only on a surfaced area prepared for that purpose or unless otherwise authorized by the Airport Manager.
(C) Flight operations.
(1) Mefford Field is an uncontrolled airport operating without a control tower. Aircraft using the airport shall operate in accordance with Federal Aviation regulations pertaining to operation at airport without air traffic control towers.
(2) Pilots of aircraft are encouraged to establish radio contract on the assigned Unicom Frequency prior to landing or take-off. Landings or take-offs shall be confined only to the designated runways.
(3) Aircraft shall not fly directly over the airport at an altitude of less than 500 feet above designated pattern altitude, 800 feet above ground, 1,100 feet above mean sea level unless in the process of land or taking off.
(4) Turns should not be made after take-off until the Airport boundary has been reached.
(5) Aircraft should enter the traffic pattern at a 45-degree angle. Straight in landing approaches are discouraged.
(6) Landing aircraft should maintain not less than the assigned traffic pattern altitude until turning onto the base leg, prior to commencing final approach.
(7) Three hundred sixty degree overhead tactical approaches are discouraged.
(8) The Airport Manager may delay or restrict any flight or other operations on the airport or may refuse take-off clearance to any aircraft in order to safeguard the safety of persons or property.
(1995 Code, § 8.40.040)
§ 8.40.050 Fire regulations.
Article 33, “Airports, Heliports and Helistops”, of the Uniform Fire Code, as adopted by the City Council shall be applicable on all airport property and facilities.
(1995 Code, § 8.40.050)
§ 8.40.060 Agricultural operations.
Reserved.
(1995 Code, § 8.40.060)
§ 8.40.070 Glider operations.
Reserved
(1995 Code, § 8.40.070)
§ 8.40.080 Operations manual.
In addition to the regulations contained herein, the operations at Mefford Field shall also be governed by an operations manual adopted by resolution of the City Council.
(1995 Code, § 8.40.080)
§ 8.40.090 Fees.
Fees shall be established from time to time by the City Council by separate resolution. Payment for use of airport facilities, storage or other services shall be made before flight departure. The Airport Manager may impound the subject aircraft if the payment has not been made or suitable credit arranged.
(1995 Code, § 8.40.090)
§ 8.40.100 Enforcement.
Any person operating or handling aircraft, operating any vehicle, equipment or apparatus, or using the airport or any of its facilities in violation of the rules and regulations contained herein may be removed from the airport by the direction of the Airport Manager. The person may be refused further use of the airport facilities for the length of time as the Airport Manager deems necessary in order to safeguard the public safety and the airport facilities. Any person violating or aiding in the violation of the provisions of this chapter shall be deemed guilty of an infraction. The Airport Manager shall be responsible to enforce the provisions of this chapter. If any portion of this chapter is declared invalid or unenforceable, all other portions shall remain in effect.
(1995 Code, § 8.40.100)
§ 8.40.110 Appeals.
Any person aggrieved by a decision of the Airport Manager under the terms of this chapter may appeal the decision to the City Council in writing. The Council shall review the decision of the Airport Manager and may affirm, reverse or modify the decision.
(1995 Code, § 8.40.110)
§ 8.44.010 Subdivision and parcel map fees.
The City Council of the city may, by resolution, adopt the fees and impose the same upon subdividers and applicants for parcel maps as it may determine to be necessary and convenient to defray the cost of processing subdivision and parcel map proceedings and to defray the city’s cost in the administration, engineering and inspection of improvements that may be required of subdividers and applicants for parcel maps. The fees may be changed from time to time.
(1995 Code, § 8.44.010)
§ 8.48.010 Establishment of Area.
There is hereby created and established a Parking and Business Improvement Area of the City of Tulare, hereinafter for brevity and convenience referred to as “Area.”
(1995 Code, § 8.48.010) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)
§ 8.48.020 Area boundaries.
The description of the boundaries of the proposed Area is as follows:
All that certain area situated in the City of Tulare, County of Tulare, State of California, more particularly described as follows: Beginning at a point on the Southern Pacific mainline approximately 600 feet north of centerline of Cross Avenue; thence southeasterly approximately 2,325 feet to the centerline of “O” Street; thence southerly along the centerline of “O” Street approximately 4,800 feet to the centerline of Alpine Avenue; thence westerly along the centerline of Alpine Avenue approximately 2,150 feet to a point on the Southern Pacific mainline approximately 1,500 feet south of the centerline of Inyo Avenue; thence northerly along the Southern Pacific mainline approximately 5,000 feet to the point of beginning.
(1995 Code, § 8.48.020) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)
§ 8.48.030 Establishment of benefit zones.
There is hereby created and established within said Area, two benefit zones designated as Benefit Zone A and Benefit Zone B.
(1995 Code, § 8.48.030) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)
§ 8.48.040 Benefit Zone “A” boundaries.
The description of the boundaries of proposed Benefit Zone A within said Area is as follows:
All that certain area situated in the City of Tulare, County of Tulare, State of California, more particularly described as follows: Beginning at a point on the Southern Pacific mainline approximately 600 feet north of the centerline of Cross Avenue; thence southeasterly approximately 1,560 feet to the centerline of “M” Street; thence southerly along the centerline of “M” Street approximately 1,900 feet to the centerline of King Avenue; thence easterly along the centerline of King Avenue approximately 800 feet to the centerline of “O” Street; thence southerly along the centerline of “O” Street approximately 1,000 feet to the centerline of Kern Avenue; thence westerly along the centerline of Kern Avenue approximately 1,200 feet to the centerline of “L” Street; thence southerly along the centerline of “L” Street approximately 480 feet to the centerline of Inyo Avenue; thence westerly along the centerline of Inyo Avenue approximately 825 feet to the centerline of “J” Street; thence northerly along the centerline of “J” Street approximately 480 feet to the centerline of Kern Avenue; thence westerly along the centerline of Kern Avenue approximately 280 feet to the Southern Pacific mainline; thence northerly along the Southern Pacific mainline approximately 3,060 feet to the point of beginning.
(1995 Code, § 8.48.040) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)
§ 8.48.050 Benefit Zone “B” boundaries.
The description of the boundaries of proposed Benefit Zone B within said Area is as follows:
All that certain area situated in the City of Tulare, County of Tulare, State of California, more particularly described as follows: All that area within the Parking and Business Improvement Area not included in Benefit Zone A.
(1995 Code, § 8.48.050) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)
§ 8.48.060 Assessments and charges.
There is hereby fixed, levied, determined and established a system of assessments and charges upon all businesses, located within the Area, which are required to obtain and maintain Tulare City business licenses, as follows:
(A) Within Benefit Zone A, each business shall pay assessments and charges in an amount equal to 100% of the amount said business entity is required to pay to the City of Tulare for a business license for said business; effective January 1, 2008 the assessment shall be 125%, effective July 1, 2008 the assessment shall be 150%, effective July 1, 2009 the assessment shall be 175%.
(B) Within Benefit Zone B, each business shall pay assessments and charges in an amount equal to 50% of the amount said business entity is required to pay to the City of Tulare for a business license for said business; effective January 1, 2008 the assessment shall be 62.5%, effective July 1, 2008 the assessment shall be 75%, effective July 1, 2009 the assessment shall be 87.5%.
(C) For purposes of computing the assessments and charges as set forth in divisions (A) and (B) hereinabove, the amount a business entity is required to pay the City of Tulare for a business license for said business shall not include any fee which is levied because said business owns or operates on the premises, an arcade and/or one or more music machines, billiard or pool tables, and/or amusements machines; provided that the operation of such an arcade, and/or such machines, does not constitute the primary business activity of said business entity at said location. (Ord. 1534, 09-15-87)
(D) There is further hereby fixed, levied, determined and established a system of assessments and charges upon all those business enterprises located within the Area, which are not required to obtain and maintain Tulare City business licenses, as follows:
(1) (a) Within Benefit Zone A, each business shall pay assessments and charges in an amount based on the number of employees at the rate of $15 per employee, with a minimum semi-annual assessment of $100 and with a maximum semi-annual assessment of $500.
(b) Effective January 1, 2008 each business shall pay assessments and charges in an amount based on the number of employees at the rate of $18.75 per employee, with a minimum semi-annual assessment of $125 and with a maximum semiannual assessment of $625.
(c) Effective July 1, 2008 each business shall pay assessments and charges in an amount based on the number of employees at the rate of $22.50 per employee, with a minimum semi-annual assessment of $150 and with a maximum semi-annual assessment of $750.
(d) Effective July 1, 2009 each business shall pay assessments and charges in an amount based on the number of employees at the rate of $26.25 per employee, with a minimum semi-annual assessment of $175 and with a maximum semi-annual assessment of $875.
(e) Effective July 1, 2012 each business shall pay assessments and charges in an amount based on the number of employees at the rate of $30 per employee, with a minimum semiannual assessment of $200 and with a maximum semi-annual assessment of $1,000.
(2) (a) Within Benefit Zone B, each business shall pay assessments and charges in an amount based on the number of employees at the rate of $7.50 per employee, with a minimum semi-annual assessment of $50 and with a maximum semi-annual assessment of $250.
(b) Effective January 1, 2008: Within Benefit Zone B, each business shall pay assessments and charges in an amount based on the number of employees at the rate of $9.37 per employee, with a minimum semi-annual assessment of $62.50 and with a maximum semi-annual assessment of $312.50.
(c) Effective July 1, 2008: Within Benefit Zone B, each business shall pay assessments and charges in an amount based on the number of employees at the rate of $11.25 per employee, with a minimum semi-annual assessment of $78.12 and with a maximum semi-annual assessment of $390.62.
(d) Effective July 1, 2009: Within Benefit Zone B, each business shall pay assessments and charges in an amount based on the number of employees at the rate of $14.06 per employee, with a minimum semi-annual assessment of $97.65 and with a maximum semi-annual assessment of $488.27.
(e) Effective July 1, 2012: Within Benefit Zone B, each business shall pay assessments and charges in an amount based on the number of employees at the rate of $17.57 per employee, with a minimum semi-annual assessment of $122.06 and with a maximum semi-annual assessment of $610.33.
(3) For purposes of computing the assessment and charges as set forth in divisions (D)(1) and (D)(2) hereinabove, the number of employees shall be determined as those employees who are employed for at least 20 hours per week.
(4) It is expressly found and determined that this assessment approximately equates said businesses with those businesses within the benefit zones which do pay business license taxes, for purposes of assessments under this chapter.
(5) Such assessments on business enterprises shall be levied at the same time as the city levies business license tax.
(1995 Code, § 8.48.060) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007; Ord. 1604, passed 7-17-1990)
§ 8.48.070 Use of revenues collected.
The revenues generated from the collection of the assessments and charges herein may be utilized within the Area, as determined by the City Council, for any of the following purposes:
(A) Acquisition, construction, installation or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(1) Parking facilities.
(2) Benches.
(3) Trash receptacles.
(4) Street lighting.
(5) Decorations.
(6) Parks.
(7) Fountains.
(B) Promotion of activities, including, but not limited to, the following:
(1) Promotion of public events which benefit businesses in the area and which take place on or in public places within the Area.
(2) Furnishing of music in any public place in the Area.
(3) Activities which benefit businesses located and operating in the Area.
(1995 Code, § 8.48.070) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007; Ord. 1604, passed 7-17-1990)
§ 8.48.080 Annual determination of uses of revenues.
(A) The Advisory Board shall cause to be prepared a report for each fiscal year for which assessments are to be levied and collected to pay the cost of the improvements and activities described in the report. The report may propose changes, including, but not limited to, the boundaries of the Parking and Business Improvement Area or any benefit zones within the Area, the basis and method of levying the assessments, and any changes in the classification of businesses, if a classification is used.
(B) The report shall be filed with the Clerk and shall refer to the Parking and Business Area by name, specify the fiscal year to which the report applies, and with respect to that fiscal year shall contain the following:
(1) Any proposed changes in the boundaries of the Parking and Business Improvement Area or in any benefit zones within the Area;
(2) The improvements and activities to be provided for that fiscal year;
(3) An estimate of the cost of providing the improvements and activities for that fiscal year;
(4) The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year;
(5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and
(6) The amount of any contribution to be made from sources other than assessments levied pursuant to this part.
(C) The Council may approve the report as filed by the Advisory Board or may modify any portion contained therein and approve it as modified. The City Council shall not approve a change in the basis and method of levying assessments which would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments. After the approval of the report, the City Council shall adopt a resolution of intention to levy an annual assessment for that fiscal year. The resolution of intention shall do all of the following:
(1) Declare the intention of the City Council to change the boundaries of the Parking and Business Improvement Area, or in any benefit zone within the Area, if the report filed proposes a change;
(2) Declare the intention of the City Council to levy and collect assessments within the Parking and Business Improvement Area for the fiscal year stated in the resolution;
(3) Generally describe the proposed improvements and activities authorized by the ordinance establishing the Parking and Business Improvement Area and any substantial changes proposed to be made to the improvements and activities;
(4) Refer to the Parking and Business Improvement Area by name and indicate the location of the area;
(5) Refer to the report on file with the Clerk for a full and detailed description of the improvements and activities to be provided for that fiscal year, the boundaries of the Area and any benefit zones within the Area, and the proposed assessments to be levied upon the businesses within the Area for that fiscal year;
(6) Fix a time and place for a public hearing to be held by the City Council on the levy of the proposed assessments for that fiscal year. The public hearing shall be held not less than ten days from the adoption of the resolution of intention; and
(7) State that at the public hearing, a written or oral protest may be made.
(D) The Clerk shall give notice of the public hearing by causing the resolution of intention to be published once in a newspaper of general circulation in the city not less than seven days before the public hearing.
(1995 Code, § 8.48.080) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007; Ord. 1604, passed 7-17-1990)
§ 8.48.090 Advisory board.
The City Council shall appoint an Advisory Board which shall make a recommendation to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments. The City Council may designate existing advisory boards or commissions to serve as the Advisory Board for the Area or may create a new Advisory Board for that purpose. The City Council may limit the membership of the Advisory Board to persons paying the assessments.
(1995 Code, § 8.48.090) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007; Ord. 1604, passed 7-17-1990)
§ 8.48.100 Collection of assessments and charges.
The collection, from businesses within the Area, of the assessments and charges imposed by this chapter shall be made at the same time and in the same manner as the city collects its business license tax from said businesses pursuant to the applicable provisions of the Tulare City Code.
(1995 Code, § 8.48.100) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)
§ 8.48.110 Enforcement of provisions.
It shall be the duty of the Director of Finance and his or her deputies to collect all assessments and charges levied pursuant to this chapter. All assessments and charges required to be paid under the provisions of this chapter shall be deemed a debt owed by the business to the city. Any business, and the owners thereof, owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount.
(1995 Code, § 8.48.110) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)
§ 8.48.120 Criminal penalties.
It shall be unlawful for any business entity, and all owners thereof, to violate any of the provisions of this chapter. Any such violation of the provisions of this chapter shall be punished pursuant to the penalty provisions of Chapter 1.12 of this code.
(1995 Code, § 8.48.120) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)
§ 8.48.130 Liberal construction - Partial invalidity.
This chapter is intended to be construed liberally and, in the event any section or part of any section thereof should be held invalid, the remaining provisions shall remain in full force and effect.
(1995 Code, § 8.48.130) (Ord. 12-07, passed 6-5-2012; Ord. 10-11, passed 4-6-2010; Ord. 07-12, passed 7-17-2007)
§ 8.52.010 Definitions.
For the purposes of this chapter, certain words and terms used herein are defined as follows.
DIRECTOR. The Recreation, Parks and Library Director of the City of Tulare or his or her designated representative.
DRIPLINE. The circumference of a circle drawn around the tree with the radius being a line beginning at the center of the trunk of the tree and ending at a point directly below the outermost branch tips of the tree.
HERITAGE TREE. Any Valley Oak Tree (Quercus lobata), with a trunk diameter of two inches or greater at a point four and one-half feet above the root crown (also referred to as two inches D.B.H.), or any living tree designated by resolution of the Council as a historic tree because of an association of some event or person of historical significance to the community or because of special recognition due to the size, condition, or aesthetic qualities. Qualification as a heritage tree, except a Valley Oak Tree (Quercus lobata), will require the consent of the persons owning the property as of the date of the designation, and shall be based upon standards, including, but not limited to the following:
(A) Any tree which is indigenous to the area or which has adapted exceptionally well to the climatic conditions of the Tulare area, or is one of a kind;
(B) Any stand of trees the native of which makes each of its species dependent upon others for survival;
(C) Any tree which has an exceptional size for its species or is a representative of a species, or outstanding specimen;
(D) Any tree which has an exceptional age or size for its species; and
(E) Any tree which has distinctive structural interest or is generally different.
PERSON. Individuals, associations, corporations, public agencies, joint ventures, partnerships, independent contractors and other agents and employees.
PRESERVATION. Acts to promote the life, growth, health or beauty of trees, shrubs or plants, including but not limited to, pruning, trimming, topping, root pruning, spraying, mulching, watering, fertilizing, cultivating, supporting and treating for disease and injury.
PRUNING STANDARDS. Those pruning standards established by the Western Chapter of the International Society of Arboriculture dated May 9, 1998, as revised by the Organization from time to time, and as amended by this chapter.
(1995 Code, § 8.52.010) (Ord. 14-05, passed 10-21-2014; Ord. 03-1915, passed - -2003)
§ 8.52.020 Permit required to remove or destroy trees.
No person shall destroy or remove any heritage tree growing on private or public property within the city limits without a permit, except as provided in this chapter.
(1995 Code, § 8.52.020)
§ 8.52.030 Permit applications.
Any person desiring to destroy or remove a heritage tree on private or public property must first obtain a removal permit by applying writing to the Director for such a permit. Within seven days of receipt of the application, the Director shall inspect the premises whereon the heritage trees are located, and shall issue an intended decision in writing as to whether or not the application will be approved, with or without conditions; provided, however, that failure to render an intended decision within such period shall not be deemed approval. The intended decision of the Director shall be based upon reasonable standards, including, but not limited to, the following:
(A) The condition of the heritage tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services and its status as host for plant, pest or disease endangering other species of trees or plants with infection or infestations.
(B) The necessity of the requested action to allow construction of improvements or otherwise allow economic or other reasonable enjoyment of property.
(C) The topography of the land and the effect of the requested action on soil retention, water retention and diversion or increased flow of surface waters.
(D) The number, species, size and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty and the general welfare of the city as a whole.
(E) Good forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support. In the intended decision on an application for a permit, the Director may attach reasonable conditions to insure compliance with the stated purposes of this chapter, such as, but not limited to, a condition requiring up to two replacement trees from 15-gallon containers or larger, in a suitable location as substitutes for the removed tree or trees, at the sole expense of the applicant. Any such intended decision shall include a statement for the reasons for the decision.
(1995 Code, § 8.52.030)
§ 8.52.040 Appeals.
The decision of the Director may be appealed by any person aggrieved or affected by the decision. The appeal shall be in writing, signed by the applicant with a statement of reasons supporting the appeal. The appeal shall be filed with the city’s Parks and Recreation Commission not later than the tenth day following the decision being appealed. The city’s Parks and Recreation Commission shall hear the appeal and render an opinion within 45 days. Any person excepting to any decision rendered by the city’s Parks and Recreation Commission may appeal to the Council in writing, within 30 days of the date of mailing of the decision to the appellant. If no appeal is filed within such time, the Director shall promptly implement his or her intended decision by denying or issuing the permit, with or without conditions. An appeal shall automatically stay execution of the implementation of the intended decision until the appeal has been considered and decided by the City Council. The City Clerk shall place all such appeals on the agenda of the next regular Council meeting and shall give notice to the applicant and/or appellant. The City Council shall consider and decide all issues raised in the appeal, and the decision of the Council shall be final.
(1995 Code, § 8.52.040) (Ord. 14-05, passed 10-21-2014)
§ 8.52.050 Emergencies - Public utility line clearance.
(A) In the case of emergency caused by the dangerous condition of a heritage tree requiring immediate action for the protection of life or property, a tree may be cut down in whole or in part on the order of the Director or any on-duty member of the Tulare Police Department.
(1995 Code, § 8.52.050)
§ 8.52.060 Notice of intent to prune.
Except in cases of emergencies as described in § 8.52.050, no person shall prune or cause to be pruned any heritage tree limb of a diameter of six inches or greater, or any Valley Oak tree limb of a diameter of two inches or greater, within the city without first submitting a completed heritage tree Intent to prune notice or oak tree intent to prune notice, with the Director as provided herein.
(A) The notice shall be delivered to the Director prior to the start of the work to be performed.
(B) The notice shall be in a form as provided by the Director and shall include the following information:
(1) The name, address and telephone number of the property owner;
(2) The name, address and telephone number of the person’s intending to prune the tree;
(3) The date(s) of the pruning;
(4) A description of the tree(s) to be pruned, including the approximate size and location of the tree with sufficient specificity to enable the Director to precisely locate and identify the subject tree(s);
(5) If the work is to be performed in any public right-of-way, proof of insurance coverage for general liability, property damage and workers’ compensation in case of injury or damage to person or property; and
(6) Proof of the possession of a valid City of Tulare business license.
(C) A copy of the notice must be in the possession of the person pruning the heritage or oak tree at all times during the course of the work being performed.
(1995 Code, § 8.52.060)
§ 8.52.070 I.S.A. pruning standards.
That certain document known and designated as Pruning Standards, dated May 9, 1988, as revised dated June 6, 1988, as prepared by the Western Chapter of the International Society of Arboriculture Certification Commission, is hereby adopted by the City Council as the standards for pruning heritage trees, including Valley Oaks located within the city, to all intents and purposes and to the same effect as if each and every section, paragraph, division, word, phrase, clause or illustration contained therein were fully set forth herein except for the deletion of any provisions as provided for in this chapter.
(1995 Code, § 8.52.070)
§ 8.52.080 Copies of standards on file.
Reference is hereby made to three copies of the standards filed in the office of the Recreation, Parks and Library Director of the city which are now so filed for full particulars of the Pruning Standards.
(1995 Code, § 8.52.080) (Ord. 03-1915, passed - -2003)
§ 8.52.090 Public assistance for property owners.
If the Director determines that a property owner, who has submitted a notice of intent to prune, pursuant to § 8.52.060 herein, cannot properly prune his or her heritage tree without the assistance of a professional tree trimmer, and that the property owner cannot afford to hire a professional tree trimmer because he or she does not have the financial resources to pay for such services, the city may provide financial assistance to the property owner for the purpose of pruning the tree or trees, if the following conditions are met:
(A) The property owner either:
(1) Uses the property where the tree(s) is located as his or her principal place of residence; or
(2) Is a non-profit group, agency or organization and uses the property where the tree(s) is located in the conduct of its business or operations as such an organization;
(B) In the case of a property owner described in division (A)(1) above, the aggregate gross income of all persons 18 years of age or older residing on the property does not exceed the minimum amount as may be set from time to time, by resolution of the City Council, pursuant to this division.
(C) The Director determines that it is necessary to prune the tree to remove hazardous conditions, remove disease, rot, pests, other harmful conditions or promote healthy growth of the tree(s). The financial assistance shall include, but not be limited to the following: low interest loans; work performed by the city, or ordered by the city, with the cost borne in part or in whole by the property owner; work performed by the city, or ordered by the city, with the cost borne by the city to be repaid by the property owner upon such terms as the city and property owner shall agree; or any combination thereof.
(1995 Code, § 8.52.090)
§ 8.52.100 Preservation and maintenance of existing heritage tree.
(A) When proposed developments encroach into the dripline area of any heritage tree, special construction to allow the roots to breathe and obtain water, as determined by the Director, shall be required with respect to any application for building or zoning permit.
(B) The existing ground surface within six feet (measured horizontally) of the trunk of any heritage tree shall not be cut, filled, compacted or paved. Tree wells may be used when advisable. Excavation adjacent to any heritage tree shall not be permitted where material damage to the root system will result.
(C) The City Council shall, by resolution, adopt guidelines for commercial, industrial and residential development and construction on property within the city where any heritage tree is located. The guidelines adopted pursuant to this division shall be made a part of this subdivision and shall be enforced as hereinafter set forth.
(1995 Code, § 8.52.100)
§ 8.52.110 Building permits.
When any building permit or zoning permit is applied for pursuant to the city code and a proposed structure would require the destruction, removal or pruning of a heritage tree, the official issuing the permit shall take into consideration the provisions of this chapter and the granting or denying of the permit; and, the applicant shall be required to either obtain the requisite permit or file the requisite notice in accordance with the provisions of this chapter. In event a permit to destroy or remove a heritage tree is issued in order to enable the applicant to carry out some project of development or improvement of his or her property, the permit shall be valid and effective only in connection with the actual accomplishment of the project.
(1995 Code, § 8.52.110)
§ 8.52.120 Wilful destruction of heritage trees.
It shall be unlawful for any person to wilfully destroy, mutilate, poison or attempt to kill a heritage tree in the city. Exceptions to this section are to be found in § 8.52.050 which provides for emergency destruction, removal or pruning of a heritage tree.
(1995 Code, § 8.52.120)
§ 8.52.130 Enforcement.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Director. In the enforcement of this chapter, the Director and his or her designated representative may enter upon private or public property to examine any heritage tree after first having obtained permission from property owner or occupant except the Director and his or her designated representative in the exercise of the city’s enforcement responsibility, may enter upon private or public property to inspect and examine the property in the case of a violation observable from a point located off the public or private property, and may enter upon private or public property in the event there exists, in the opinion of the Director or his or her designated representative, a situation considered an emergency where the integrity of the heritage tree is threatened, or a situation exists which may lead to injury to person or property due to the condition of the heritage tree and/or the property upon which the heritage tree is located. In either case, the Director or his or her designated representative need not obtain permission from the property owner or occupant. The Director and his or her designated representative may issue citations for any violation of this chapter. Conditions giving rise for entry upon private or public property by the Director or his or her designated representative to examine any heritage tree, with the permission of the property owner or occupant, include, but are not limited to, the following:
(A) When the Director or his or her designated representative has reasonable cause to believe a violation of this chapter exists on the property;
(C) To monitor any activities fallen pursuant to § 8.52.060 of this chapter; and
(D) In cases of routine inspections, inventory of heritage trees, and the gathering of survey data which may be initiated by the city.
(1995 Code, § 8.52.130)
§ 8.52.140 Severability.
(A) If any section, division, paragraph, sentence, clause, or phrase of this chapter is held to be unconstitutional or invalid or ineffective by any court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter, or any part thereof.
(B) If the application of any provision of this chapter to any person, property, or circumstance is found to be unconstitutional or invalid or ineffective in whole or in part by any court or tribunal of competent jurisdiction, the effect of the decision shall be limited to the person, property or circumstance immediately involved in the controversy, and the application of any such provision to other persons, properties or circumstances shall not be affected.
(1995 Code, § 8.52.140)
§ 8.52.150 Penalties.
(A) It shall he unlawful and a misdemeanor for any person to remove a heritage tree without a permit or to fail to have a removal permit in one’s immediate possession during the course of removing a heritage tree, or for any person to violate any of the construction guidelines as provided by resolution as described in § 8.52.100(C). Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction pursuant to Cal. Penal Code § 19c.
(C) Any person convicted of a misdemeanor under this chapter shall be punished by a fine not to exceed $1,000 and/or six months in the County Jail. Each day that a violation continues shall be regarded as a separate offense. Any person convicted of an infraction of this chapter shall be punished by a fine not to exceed $500. Each day the violation continues shall be regarded as a new and separate offense.
(1995 Code, § 8.52.150)
§ 8.52.160 Nuisances.
It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in the city which has one or more heritage trees located thereon to intentionally, negligently, accidentally or otherwise maintain the premises in such a manner so as to cause harm to and of the heritage trees, by reason of any of the following conditions:
(A) Water saturation or deprivation;
(B) Nailing, screwing, stapling, bolting or otherwise attaching board, fences, signs, placards, posters or any other material which might cause injury to the heritage tree;
(C) Neglect in the pruning or trimming of overgrown, diseased, decaying, dead or rotting limbs, branches and foliage. Whenever any premises or heritage tree(s) exist, or are permitted to exist, within the city contrary to these provisions the City Council, by resolution, may declare the same to be a public nuisance; the resolution shall declare the intention of the City Council to commence abatement proceedings, as herein provided, and shall refer to the street and number under which it is officially or commonly known and describe the property upon which the nuisance exists by giving the legal description of the land.
(1995 Code, § 8.52.160)
§ 8.52.170 Abatement.
All premises or heritage trees declared to be the public nuisances and ordered to be abated may be abated by watering, conditioning the soil, construction berms, pruning or trimming, or removing offending materials affixed to the heritage tree which might cause injury to the tree, pursuant to the procedures set forth in this code.
(1995 Code, § 8.52.170)
§ 8.52.180 Notice of hearing to abate.
(A) Within 30 days after the passage of the resolution provided for in § 8.52.170, the City Clerk shall cause to be conspicuously posted on the premises, where the heritage tree(s) is located, a certified copy of the resolution of the City Council declaring the same to be a public nuisance; the resolution shall declare the intention of the City Council to commence abatement proceedings, as herein provided, it shall refer to the street and number under which it is officially or commonly known to describe the premises upon which the nuisances exist by giving the legal description of the land, and shall be substantially in the following form:
NOTICE OF HEARING TO ABATE NUISANCE |
Notice is hereby given that on the day of , , the City Council of the City of Tulare passed a resolution declaring that certain heritage tree(s) located or standing upon that certain lot, piece or parcel of land, situated in the City of Tulare, State of California, known and designated as , in the city, and more particularly described as Lot No. , Tract No. in the city, constitutes a public nuisance and must be abated by the rehabilitation of such premiss by the watering, pruning, trimming or other methods; otherwise the nuisance will be abated by the municipal authorities of the city, in which case the cost of the rehabilitation, watering, pruning or trimming will be assessed upon the land on which the heritage tree(s) is or are located and the cost will constitute a lien upon the land until paid. (Reference is hereby made to the resolution for further particulars.) |
(B) The City Clerk shall cause to be served upon the owner of each of the heritage tree(s) declared to be a public nuisance and sought to be rehabilitated by watering, pruning or trimming one copy of the notice and a certified copy of the resolution of the City Council, in accordance with these provisions. The notices and resolutions must be posted and served as aforesaid, at least 30 days before the time fixed for the hearing before the City Council and proof of posting and service of the notices and resolutions shall be made by affidavit which shall be filed with the City Council.
(1995 Code, § 8.52.180)
§ 8.52.190 Form of proper service of notice.
Proper service of the notice and resolution shall be by personal service upon the person owning the property as such person’s name and address appears on the last equalized assessment roll, if he or she is found within the city limits, or if he or she is not to be found within the city limits, by depositing a copy of the notice and resolution in the U.S. Post Office properly enclosed in a sealed envelope and with the posting thereon fully prepaid. The mail shall be registered or certified and addressed to the owner at the last known address of the owner. The service is complete at the time of deposit.
(1995 Code, § 8.52.190)
§ 8.52.200 Hearing by City Council.
At the time stated in the notices, the City Council shall hear and consider all objections or protests, shall receive testimony and other evidence from owners, witnesses and parties interested relative to the alleged public nuisance and as to rehabilitation of the premises by the watering, pruning or trimming, or by other abatement thereof, and may continue the hearing from time to time. Upon the conclusion of the hearing, the City Council shall allow or overrule any or all of the protests. If the City Council finds that good and sufficient cause does exist why the premises should be rehabilitated heritage tree(s) should be watered, pruned, trimmed or treated, the City Council shall prepare and file a report of such findings with the City Clerk. Following the public hearing, the City Council may by resolution order the Director to abate the nuisance, after a period of 30 days, by having the heritage tree(s) watered, pruned, trimmed, treated or the nuisance otherwise spared, and he or she and his or her authorized representatives are hereby expressly authorized to enter upon private property for that purpose.
(1995 Code, § 8.52.200)
§ 8.52.210 Service on owner of resolution to abate.
A copy of the resolution ordering the Director to abate the nuisance shall be served upon the owner of the property in accordance with the provisions of this chapter and shall contain a detailed list of needed corrections. Any property owner shall have the right to have any such heritage tree(s) watered, pruned, trimmed, treated or the nuisance otherwise abated at his or her own expense, provided the same is completed prior to the expiration of the time set forth in the resolution.
(1995 Code, § 8.52.210)
§ 8.52.220 Record of cost for abatement.
The Director shall keep an account of the cost (including incidental expenses) of abating the nuisance on each separate lot, or parcel of land where the work has been done and shall render an itemized report in writing to the City Council showing the cost of watering, pruning, trimming or treating the heritage tree(s), and incidental expenses, on each separate lot or parcel of land; provided, that before the report is submitted to the City Council, a copy of the same shall be posted for at least five days upon the premises or property upon which the heritage tree(s) are situated, or the nuisance committed, together with a notice of the time when the report shall be submitted to the City Council for confirmation. A copy of the report and notice shall be served upon the owner of the property, in accordance with the provisions of this chapter, at least five days prior to submitting the same to the Council. Proof of the posting and service shall be made by affidavit and filed with the City Clerk. The term
INCIDENTAL EXPENSES shall include, but not be limited to the expenses and costs of the city in the preparation of notices, specifications and contacts, and in inspecting the work, and the costs of printing and mailing required hereunder.
(1995 Code, § 8.52.220)
§ 8.52.230 Hearing and proceedings.
At the date and time fixed for receiving and considering the report the City Council shall hear and pass upon the report of the Director, together with any objections or protests which may be raised by any of the owners of property liable to be assessed for the work of sharing the nuisance, or by any other interested persons. Thereupon, the City Council may make the revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted, or as revised, corrected or modified, shall be confirmed; provided, that the hearing or consideration may be continued from time to time. The decision of the City Council on all protests and objections which may be made, shall be final and conclusive.
(1995 Code, § 8.52.230)
§ 8.52.240 Assignment of costs against property - Lien.
The amount of the costs of abating the nuisance upon any lot or parcel of land, as confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land, and as thus keep a lien on the property for the amount of the assessment. After the confirmation of the report, a copy shall be turned over, to the Assessor and the Tax Collector of the county, acting on behalf of the city, whereupon it shall be the duty of the Assessor and Tax Collector to add the amounts of the respective assessments to the next regular bills of taxes levied against the respective lots and parcels for land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as other municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for other municipal taxes.
(1995 Code, § 8.52.240)
§ 8.52.250 Authority.
Any and all nuisances declared and abated hereunder shall be processed pursuant to the authority set forth in Cal. Gov’t Code §§ 38771 et seq., in the manner described in this chapter.
(1995 Code, § 8.52.250)
§ 8.52.260 Penalty.
Any person violating any abatement order provided in this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500 or by imprisonment in the City Jail or County Jail for a period of not more than six months, or by both the fine and imprisonment.
(1995 Code, § 8.52.260)
§ 8.56.010 Legislative findings.
The City Council of the City of Tulare hereby finds and declares as follows.
(A) The State of California, through the enactment of Cal. Gov't Code §§ 66001 through 66009 has, among other things, determined the nexus that must be established in the enactment of development impact fees.
(B) The imposition of development impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of public facilities and service improvements necessary to accommodate new development. This must be done in order to promote and protect the public health, safety and welfare.
(C) This chapter recognizes that all new development within the city will result in additional growth and that the growth will place additional burdens on various city facilities, infrastructure and services. This chapter further recognizes the types of land development that will generate impacts necessitating the acquisition of land and construction of public facilities and expansion of services and infrastructure in order to meet and accommodate them.
(D) All land uses within the city should bear a proportionate financial burden in the construction and improvement of public facilities and services necessary to serve them.
(E) The cost of providing public facilities and service improvements occasioned by development projects within the City of Tulare exceeds the revenue generated by fees exacted from the development projects.
(F) The City of Tulare hereby adopts the Impact Fee report from TischlerBise dated October 22, 2019 which establishes the costs for providing public facilities and service improvements occasioned by development projects within the City of Tulare.
(G) The development impact fees established by this chapter are based upon the costs which are generated through the need for new facilities and other capital acquisition costs required, incrementally by new development within the City of Tulare.
(H) The fees established by this chapter do not exceed the reasonable cost of providing public facilities occasioned by development projects within the City of Tulare.
(I) The fees established by this chapter relate rationally to the reasonable cost of providing public facilities occasioned by development projects within the City of Tulare, which public facilities are consistent with the General Plan and the various Elements of the General Plan of the City of Tulare.
(J) The public facilities and anticipated future development herein referenced are based upon an analysis of existing land use and zoning.
(K) The fees established by this chapter are consistent with the goals and objectives of the city's General Plan and are designed to mitigate the impacts caused by new development throughout the city. Development impact fees are necessary in order to finance the required public facilities and service improvements and to pay for new development's fair share of their construction costs.
(L) Imposition of fees to finance public facilities and service improvements is necessary in order to protect the public health, safety and welfare.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.020 Definitions.
For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings respectively ascribed to them by this section.
CITY COUNCIL. In addition to the City Council of the City of Tulare, the Tulare Board of Public Utilities Commissioners whenever the Board is the appropriate decision making body as established by the City Charter.
DEVELOPMENT PROJECT. Any project undertaken for the purpose of development. DEVELOPMENT PROJECT shall include a project involving the issuance of a permit for construction or reconstruction, remodeling, or any work requiring any permit under the ordinances of the City of Tulare, as the same presently exist or may be amended from time to time hereafter. The term DEVELOPMENT PROJECT shall also include permits for erection of manufactured housing or structures, and structures moved into the city.
FEE. A monetary exaction, other than a tax or special assessment, which is charged by the city to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Cal. Gov't Code § 66477, fees for processing applications for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Cal. Gov't Code Article 2.5 (commencing with § 65864) of Chapter 4, Division 1, Title 7.
LOW-DENSITY. Property located in City of Tulare zoning classifications A, UR and RA.
PUBLIC FACILITIES. Includes public improvements, public services and community amenities.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.030 Establishment of development fees and providing for their adoption by resolution.
The following development impact fees are hereby established and imposed on the issuance of all building permits for development within the city to finance the cost of the following categories of public facilities and improvements required by new development. The development impact fees consist of the following fees that are hereby established:
(A) Fire. A development impact fee is hereby established for fire that includes components for facilities, apparatus and a proportionate share of the cost of the city's development impact fee study.
(B) General government. A development impact fee is hereby established for general government that includes components for facilities, corporation yard improvements, and a proportionate share of the cost of the city's development impact fee study.
(C) Library. A development impact fee is hereby established for the Tulare City Library that includes components for materials, facilities, and a proportionate share of the cost of the city's development impact fee study.
(D) Parks. A development impact fee is hereby established for parks that includes components for community parks, recreation facilities, trails, and a proportionate share of the cost of the city's development impact fee study.
(E) Police. A development impact fee is hereby established for police that includes components for facilities, vehicles, and a proportionate share of the cost of the city's development impact fee study.
(F) Transportation. A development impact fee is hereby established for transportation that includes components for local streets, grade separations, bridges, state highways, and a proportionate share of the cost of the city's development impact fee study.
(G) Storm drainage. A development impact fee is hereby established for storm drainage that includes components for pipelines, basins, pump stations and a master plan.
(H) Wastewater. A development impact fee is hereby established for wastewater that includes components for collection system improvements, treatment plant improvements, the wastewater master plan, and a proportionate share of the cost of the city's development impact fee study.
(I) Water. A development impact fee is hereby established for water that includes components for pipelines, wells, storage, the water master plan, and a proportionate share of the cost of the city's development impact fee study.
(J) Groundwater recharge. A development impact fee is hereby established for groundwater recharge that includes components for recharge facilities and surface water.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.040 Imposition of development impact fee.
(A) Any person who, after the effective date of the ordinance codified in this chapter, seeks to develop land within the city by applying for a building permit or applying for any discretionary land use permit, is hereby required to pay the appropriate development impact fees established pursuant to this chapter as the same may be applicable, in the manner, amount and for the purposes therein referenced.
(B) No permits or extension of permits for the activities referenced in division (A) of this section shall be granted unless and until the appropriate development impact fees hereby required have been paid to the city.
(C) Notwithstanding anything to the contrary set forth in division (A) of this section or in any other provision of this chapter, the development impact fees as established pursuant to this chapter shall not apply to any development project which has heretofore received a tentative map approval or other discretionary land use approval from the city, prior to the effective date of the ordinance codified in this chapter, nor to any application for approval which was submitted in completed form to the city prior to October 22, 2019; provided that:
(1) Any portion of a development project which has already received discretionary approval, or for which a completed application has been submitted prior to October 22, 2019, which requires future discretionary approvals, shall be subject to the fees in effect at the time of such further approvals. For purposes of this division (C)(1) only, a design review application requirement is not deemed to be an additional discretionary land use permit with reference to existing lots of 20,000 square feet or less zoned multiple family, commercial or industrial;
(2) Any portion of an existing development project, or an existing lot zoned multi-family, commercial or industrial, consisting of 20,000 square feet or less, which requires no further discretionary land use approvals, other than design review application approval, not completed within two years of the effective date of the ordinance codified in this chapter shall be subject to the development impact fees in effect as of the time that building permits are issued. For purposes of this division (C)(2) only, completion within two years of the effective date hereof, shall mean the existence of a lot created by an approved map which requires no additional discretionary land use permit or approval; and
(3) Provided further that any existing approvals, which expire after October 22, 2020, shall be required to pay the development impact fees in existence at the time of issuance of a building permit, as a condition of the granting of any extension of time for the approval.
(D) Any person who, after the effective date of this chapter, installs a second dwelling unit on a single family parcel, in accordance with Chapter 10.144 of the Municipal Code, is hereby required to pay development impact fee equal to 50% of the appropriate fees for single-family residences otherwise established pursuant to this chapter.
Editor's note:
Ord. 1723 was adopted as an emergency measure on January 4, 1994, to clarify the City Council's intent, when § 8.56.040 was originally adopted. As an emergency measure Ord. 1723 went into effect immediately.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.050 Annual adjustment.
Each fee imposed by this chapter shall be adjusted on July 1 of each fiscal year, beginning on July 1, 2020, by resolution of the City Council, or as soon thereafter as practical. In the alternative, the Council may elect, by resolution, to automatically adjust fees by a percentage equal to the Engineering Cost Index as published by Engineering News Record for the preceding 12 months or any other index, which the Council adopts by resolution. Any such automatic adjustments shall not apply to fees which are based on variable factors which themselves result in an automatic adjustment or those which are specifically indicated otherwise.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.060 Creation of special funds.
Each fee collected pursuant to this chapter shall be deposited in a special fund created to hold the revenue generated by each such fee. Monies within each such fund may be expended only by appropriation by the City Council for specific projects which are of the same category as that for which the money was collected. In this regard, the following special funds are hereby created and established for the purposes indicated.
(A) A Fire DIF Fund is hereby established. The Fire DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated cost of fire stations and apparatus, including any required acquisition of land, and a proportionate share of the costs of the city's development impact fee study.
(B) A General Government DIF Fund is hereby established. The General Government DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of constructing and improving the general municipal facilities within the city, including the corporation yard and related facility planning studies, including any required acquisition of land, and a proportionate share of the costs of the city's development impact fee study.
(C) A Library DIF Fund is hereby established. The Library DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of materials and facilities within the city, including any required acquisition of land, and a proportionate share of the costs of the city's development impact fee study.
(D) A Parks DIF Fund is hereby established. The Parks DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of constructing and improving community parks and recreation facilities, community centers, and trails that serve the entire city, not just a specific neighborhood, including any required acquisition of land, and a proportionate share of the costs of the city's development impact fee study.
(E) A Police DIF Fund is hereby established. The Police DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of law enforcement buildings and vehicles, including any required acquisition of land, and a proportionate share of the costs of the city's development impact fee study.
(F) A Transportation DIF Fund is hereby established. The Transportation DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of the design, upgrading or improvement of city arterials, intersections, traffic signals, railroad grade separations, bridges and state highway improvements, including any required acquisition of land, and a proportionate share of the costs of the city's development impact fee study.
(G) A Storm Drainage DIF Fund is hereby established. The Storm Drainage DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of constructing and improving the storm drain facilities within the city, including any required acquisition of land, preparation of the Storm Drain Master Plan, and a proportionate share of the costs of the city's development impact fee study.
(H) A Wastewater DIF Fund is hereby established. The Wastewater DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of constructing and improving the sewer collection system and wastewater treatment facilities within the city, including any required acquisition of land, preparation of Wastewater Master Plans, and a proportionate share of the costs of the city's development impact fee study.
(I) A Water DIF Fund is hereby established. The Water DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated cost of constructing and improving the potable water supply, water distribution, and holding facilities within the city, including any required acquisition of land and/or the purchase of any required water rights, and a proportionate share of the costs of the city's development impact fee study.
(J) A Groundwater Recharge DIF Fund is hereby established. The Groundwater Recharge DIF Fund is a fund for the deposit of fees collected for, and the payment of, the actual or estimated costs of land acquisition, construction, and equipment to develop groundwater recharge facilities, the capital cost of diverting seasonal surface water to recharge basins, and a proportionate share of the costs of the city's development impact fee study.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.070 Computation of fees.
Residential projects shall pay a development impact fee based on a per unit basis, excepting that Storm Drainage and Groundwater Recharge fees will be calculated on a per acre basis. Non-residential projects shall pay development impact fees based on a per square foot of building area basis, excepting that Wastewater and Water fees will be based upon water meter size, and Storm Drainage and Groundwater Recharge fees will be calculated on a per acre basis. Public properties shall be classified into either the residential, commercial or industrial land use category, and shall pay fees pursuant to that classification, as determined by the Director of Planning of the city (herein "Planning Director") or his or her duly authorized designee. All fees due hereunder shall be determined and calculated by the City Engineer (herein "City Engineer") or his or her duly authorized designee. The City Engineer or his or her designee shall have the further authority to determine the specific amount of development impact fees to be assessed against a use which is not specifically or typically associated with the various land use zone districts for which the development impact fees are established. In the determination and calculation, the City Engineer shall establish a written record of the calculation and nexus to infrastructure impacts for the projects identified above.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.080 Payment of fees.
The fees established pursuant to this chapter shall be paid for the property on which a development project is proposed at the time of the issuance of any required building permit, except as otherwise provided below.
(A) Fees imposed on residential development shall be collected in accordance with the provisions of Cal. Gov't Code § 66007, as the same presently exists or may hereafter be amended from time to time. An applicant for a residential building permit may request that payment be deferred until the date of final inspection. The request shall be approved when the property owner posts proper security in the form of cash deposit, letter of credit or other similar instrument retrievable at the time a request is made for final inspection and fees paid, or executes a contract to pay the fee at the time a request is made for final inspection. The form and manner of the security or contract shall be approved by the City Manager.
(B) Fees imposed on industrial and commercial development may be deferred by action of the City Council. The action shall consist of the adoption of a resolution consistent with the following terms and conditions:
(1) A determination is made that such action will promote and stimulate economic development within the city. The City Council shall make specific findings setting forth how the subject project accomplishes this goal;
(2) Establish a specific timetable for payment in full of the deferred fees. The City Council may also require a percentage to be paid with the issuance of a building permit. In no event shall deferral of payment in full be permitted for more than five years;
(3) Interest on the unpaid portion of deferred impact fees shall accrue at a rate equal to the Local Agency Investment Fund (LAIF) interest rate in effect at the time the resolution is adopted and shall be articulated in the resolution. Interest shall be due and payable, in full, with the final payment, although interest may be paid earlier at the election of the party developing the project;
(4) A written guarantee of payment in full of the impact fees, in the form of a surety bond or some other form of surety instrument as may be acceptable to the City Engineer and the City Attorney, shall be executed and delivered to the city prior to the issuance of a building permit for the project. Interest in real property may be deemed an appropriate form of surety; and
(5) A determination is made that the deferral of the fees shall not materially affect the financial ability of the city to satisfy its then current five-year capital improvement program.
(C) Development impact fees shall be paid prior to map recordation or deed recordation on parcels intended for water well sites, storm drainage basins, park, police, fire or other government facilities.
(D) The term "building permit" as used herein includes any permits required for construction, reconstruction, remodeling, moving structures into the city, and the like, such as electrical and plumbing permits, moving permits and the like.
(E) The fees created pursuant to this chapter shall be calculated on the basis of building area, or number of units, as set forth in the resolution referenced in § 8.56.030 of this chapter. All fees collected shall be promptly deposited in the appropriate fund referenced in § 8.56.060 of this chapter. All fees paid pursuant to this chapter shall be the fees in effect at the time of collection; provided that fees collected pursuant to division (B) hereinabove shall be those in effect at the time the City Council adopts the required resolution.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.090 Fee adjustments.
(A) A developer of any project subject to the fees described herein may apply to the City Council for a reduction, adjustment, or waiver of any one or more of the fees, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fee(s) charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than:
(1) Ten days prior to the public hearing on the development permit application for the project; or
(2) If no development permit is required, at the time of the filing of the request for a building permit.
(B) The application shall state in .detail the factual basis for the claim of waiver, reduction or adjustment.
(C) The City Council shall consider the application at the public hearing on the permit application or at a separate public hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The hearing shall be noticed and conducted in the same fashion and manner as prescribed by the laws of the city for hearing on development permits. The decision of the City Council shall be final.
(1) If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee if the change in use would render the same inappropriate.
(2) The City Council may, from time to time, and as the need may arise, set forth, by resolution, specific limitations which will apply to reductions, adjustments or waivers of development impact fees which may be made pursuant to this section. In this regard, this chapter shall be considered enabling and directory.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.100 Use of funds.
(A) Funds collected from development impact fees shall be used for the purpose of:
(1) Paying the actual or estimated costs of constructing and/or improving the public facilities within the city to which the specific fee or fees relate, including any required acquisition of land or rights-of-way therefor;
(2) Reimbursing the city for the development's share of those public facilities already constructed by the city or to reimburse the city for costs advanced, including, without limitation, administrative costs incurred with respect to a specific public facilities project; or
(3) To reimburse other developers who have constructed public facilities described in the resolution adopted pursuant to § 8.56.030 of this chapter, where those facilities were beyond that needed to mitigate the impact of the developer's project or projects.
(B) In the event that bonds or similar debt instruments are issued for advanced provision of public facilities for which development impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type to which the fees involved relate.
(C) At least once each fiscal period, the City Manager of the City of Tulare (herein "City Manager"), or his or her duly authorized designee, shall present to the City Council a proposed five-year capital improvement program for the various public facilities referenced in the resolution adopted pursuant to § 8.56.030 of this chapter assigning monies (including any accrued interest) from the funds referenced in § 8.56.060 of this chapter to specific improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same fund until the next fiscal period except as provided by the refund provisions of § 8.56.110 of this chapter.
(D) Funds may be used to provide refunds as described in § 8.56.110.
(E) The city shall be entitled to make loans of funds collected from one fund to another, provided that the loans are properly recorded in the records of the Finance Department and repaid with interest equal to the interest earned by the city on its funds invested with the Local Agency Investment Fund (LAIF) through the state.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.110 Refund of fees paid.
(A) If a building permit expires without commencement of construction, then the fee payer shall be entitled to a refund, without interest, of the impact fee paid as a condition for its issuance, except that the city shall retain 1% of the fee to offset a portion of the costs of collection and refund. The fee payer must submit an application for such a refund to the City Manager within 30 calendar days of the expiration of the permit. Failure to timely submit the required application for refund shall constitute a waiver of any right to the refund.
(B) In the event any fee collected pursuant to this chapter remains unexpended or uncommitted in any fund established pursuant to § 8.56.060 five or more years after deposit of the fee, the city shall make findings once each fiscal year to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.
(C) The unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to division (B) of this section shall be refunded to the then-current record owner or owners of lots or units of the development project or projects on a prorated basis.
(D) The provisions of Cal. Gov't Code § 66001 (d), (e) and (f) shall apply fully to any refund of fees remaining unexpended or uncommitted in any such city fund for five or more years after deposit, and the provisions of divisions (B) and (C) of this section shall be subordinate to the section and shall be applied consistent therewith.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.120 Exemptions.
(A) Any claim of exemption with respect to any one or more of the fees referenced in § 8.56.030 of this chapter must be made no later than the time of application for a building permit.
(B) The following shall be exempted from payment of the development impact fees of this chapter:
(1) Alterations or renovations of an existing building or structure where no additional dwelling units are created, water meter size is not increased, and/or the use is not changed; and
(2) The replacement of a destroyed or partially destroyed or damaged building or structure with a new building or structure of the same size and use.
(3) Effective January 1, 2020, accessory dwelling units are subject to the fee exemptions and/or fee restrictions provided for within Cal. Gov't Code § 65852.2.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.130 Credits.
(A) New development that, through demolition or conversion, will eliminate existing development is entitled to a fee credit if the existing development is a lawful use under the Zoning Ordinance, including a nonconforming use.
(B) New development that will replace development that was partially or totally destroyed by fire, flood, earthquake, mudslide or other casualty or Act of God, is entitled to a fee credit if the development that was partially or totally destroyed was a lawful use under the Zoning Ordinance, including a nonconforming use, at the time thereof.
(C) Credit for the eliminated development or development that was partially or totally destroyed (as above specified) shall be calculated by the City Engineer in accordance with the fee schedule set forth in the resolution adopted pursuant to § 8.56.030 of this chapter and shall be applied to new development on the same site.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.140 Developer construction of facilities.
(A) In-lieu fee credits for construction of improvements.
(1) A developer that has been required by the city to construct any facilities or improvements (or a portion thereof) described in the resolution adopted pursuant to § 8.56.030 of this chapter as a condition of approval of a development permit may request an in-lieu credit of the specific development impact fee(s) involved for the same development. Upon request, an in-lieu credit of fees shall be granted for facilities or improvements that mitigate all or a portion of the need therefor that is attributable to and reasonably related to the given development. To be eligible for in-lieu fee credits, the facilities or improvements must be constructed at prevailing wage rates.
(2) Only costs proportional to the amount of the improvement or facility that mitigates the need therefor attributable to and reasonably related to the given development shall be eligible for in-lieu credit, and then only against the specific, relevant fee(s) involved to which the facility or improvement relates.
(3) Fees required under this chapter shall be reduced by the actual construction costs of the facilities or improvements that relate to the fees, as demonstrated by the applicant and reviewed and approved by the City Engineer, all consistent with the provisions of divisions (A)(1) and (2) above. Subject to the applicable provisions of division (B) of this section, if the cost of the facilities or improvements is greater than required relevant fees, this chapter does not create an obligation on the city to pay the applicant the excess amount.
(4) An amount of in-lieu credit that is greater than the specific fee(s) required under this chapter may be reserved and credited toward the fee of any subsequent phases of the same development, if determined appropriate by the City Engineer. The City Engineer may set a time limit for reservation of the credit.
(5) Credits shall be calculated by the City Engineer in accordance with the fee schedule set forth in the resolution adopted pursuant to § 8.56.030 of this chapter.
(B) Developer construction of facilities exceeding needs related to development project. Whenever an applicant is required, as a condition of approval of a development permit, to construct any facility or improvement (or a portion thereof) described in the resolution adopted pursuant to § 8.56.030
, which facility or improvement is determined by the city to exceed the need therefor attributable to and reasonably related to the given development project, a reimbursement agreement with the applicant and a credit against the specific relevant fee which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The credit shall be applied with respect to that portion of the improvement or facility which is attributable to and reasonably related to the need therefor caused by the development, and shall be determined, administered and processed in accordance with and subject to the provisions of this section. The amount to be reimbursed shall be that portion of the cost of the improvement or facility which exceeds the need therefor attributable to and reasonably related to the given development. The reimbursement agreement shall contain terms and conditions mutually agreeable to the developer and the city, and shall be approved by the City Council. To be eligible for reimbursement by the city, the facilities or improvements must be constructed at prevailing wage rates.
(C) Site-related improvements. Credit shall not be given for site-related improvements, including, but not limited to, traffic signals, right-of-way dedications or providing paved access to the property, which are specifically required by the project in order to serve it and do not constitute facilities or improvements specified in the resolution referenced in § 8.56.030
of this chapter.
(D) Determination of credit. The developer seeking credit and/or reimbursement for construction of improvements or facilities, or dedication of land or rights-of-way, shall submit the documentation, including without limitation, engineering drawings, specifications and construction cost estimates based upon prevailing wage rates, and utilize such methods as may be appropriate and acceptable to the City Engineer to support the request for credit or reimbursement. The City Engineer shall determine credit for construction of improvements or facilities based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if he or she determines that such estimates submitted by the developer are either unreliable or inaccurate. Prior to city approval of a Notice of Completion and subsequent execution of an Oversized Construction Reimbursement Agreement per Chapter 8.64: Oversized Construction Reimbursement, in which final reimbursement costs are defined, the maximum credit given for construction of improvements shall not exceed 80% of their estimated cost. The City Engineer shall determine whether facilities or improvements are eligible for credit or reimbursement.
(E) Time for making claim for credit. Any claim for credit must be made no later than the application for a building permit, or within 60 days of completion of the construction dedication, whichever occurs first. Any claim not so made shall be deemed waived.
(F) Transferability of credit; City Council approval. Credits shall not be transferable from one project or development to another without the approval of the City Council.
(G) Appeal of determinations of City Engineer. Determinations made by the City Engineer pursuant to the provisions of this section may be appealed to the City Council by filing a written request with the City Manager, together with a fee established by resolution of the City Council, within ten calendar days of the determination of the City Engineer.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.150 Review.
(A) Except for the first year the ordinance codified in this chapter is in effect, no later than six months following the end of each fiscal year, the City Manager shall prepare a report for the City Council identifying the balancing of fees in the various funds established pursuant to § 8.56.060 of this chapter, the facilities constructed, and the facilities to be constructed. In preparing the report, the City Manager shall adjust the estimated costs of the public improvements in accordance with the approved cost adjustment criteria established pursuant to § 8.56.050 of this chapter.
(B) At a noticed public hearing, the City Council shall review the report and the development impact fees to determine whether the fee amounts continue to be reasonably related to the impact of development and whether the described public facilities are still needed. The Council may revise the development impact fees to include additional projects not previously foreseen as being needed.
(C) The report prepared by the City Manager and its review by the City Council, as well as any findings thereon, shall be subject to the provisions of Cal. Gov't Code § 66001(d), to the extent applicable (which shall be controlling in the event of any conflict).
(Ord. 19-08, passed 12-17-2019)
§ 8.56.160 Controlling state law.
The provisions of this chapter and any resolution adopted pursuant hereto, shall at all times be subject and subordinate to the provisions of Cal. Gov't Code Chapter 5 (commencing with § 66000), Division 1, of Title 7, as the same presently exist or may hereafter be amended from time to time, to the extent the same are applicable. In the event of any conflict between the provisions of this chapter and the state law, the latter shall control.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.170 Superseding provisions.
The provisions of this chapter and any resolution adopted pursuant hereto, shall supersede any previous ordinance or resolution to the extent the same is in conflict herewith.
(Ord. 19-08, passed 12-17-2019)
§ 8.56.180 Severability.
If any section, phrase, sentence or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct and independent provision; and the holding shall not affect the validity of the remaining portions hereof.
(Ord. 19-08, passed 12-17-2019)
§ 8.60.010 Benefit district refunding agreements.
(A) In the event that storm drain facilities or street improvements approved by the city are installed by the city, or by an applicant, which serve properties other than theirs and for which benefit districts are to be established by provisions of this code, the City Engineer shall establish a benefit district to collect appropriate fees from those other benefiting properties, and refund the fees to the city or applicant as may be applicable.
(B) However, if an applicant installed the improvements, the establishment of the benefit district shall subject to the following conditions:
(1) Within 90 days following the notice of completion of the main, the applicant shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating the cost (excluding any anticipated city reimbursement) of the installation of the improvements.
(2) Actual costs shall be limited to engineering, applicable fees paid to the city, county, state, contractor, surety bonding company, and for staking, compaction tests and interest as defined in § 8.60.040 below.
(3) If the financial statement is not filed within this time period, the applicant shall not be eligible for any reimbursements under this chapter. The benefit district shall remain active for 20 years from the notice of completion of the improvements, or until the applicant has been fully reimbursed, whichever comes first. Payments shall be made annually in July, or as soon thereafter as practical
(1995 Code, § 8.60.010) (Ord. 06-2026, passed - -2006)
§ 8.60.020 Delineation of district boundaries.
When the applicable authority finds it necessary to install storm drain or street improvements for which a benefit district is to be created, the authority shall delineate the area which may be served by the facility or improvement and thereby be benefited. The area to exclude existing streets, highways and public ways and shall be based solely on property frontage at the time of the installation of the aforesaid improvement. The authority may designate such area as a benefit district where other refunding procedures are not economically feasible for an applicant and the administration of such benefit district will not result in overlapping of benefit districts or areas served by the same type of facility or improvement.
(1995 Code, § 8.60.020) (Ord. 06-2026, passed - -2006)
§ 8.60.030 Costs.
(A) Benefit districts shall be based on the actual cost of installation, which shall be submitted to the City Engineer for review and approval. Actual costs shall be limited to engineering, applicable fees paid to the city, county, state, contractor, surety bonding company, and for staking, compaction tests and interest as defined in § 8.60.040 of this chapter.
(B) The installing applicant shall submit to the appropriate authority the actual costs of installation within 90 calendar days of acceptance of the installation by the city. All costs are subject to review and approval by the city. Where costs are not available, the fee rate shall be established by resolution based on current costs of similar improvements.
(1995 Code, § 8.60.030) (Ord. 06-2026, passed - -2006)
§ 8.60.040 Interest.
Costs shall be adjusted by annual compounding with a variable interest rate until the tenth year anniversary from the date on the city's notice of completion. The interest rate used for each calendar year until the tenth anniversary shall not exceed the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month. Beginning with the tenth anniversary, the cost shall be fixed at its value on the tenth anniversary.
(1995 Code, § 8.60.060) (Ord. 06-2026, passed - -2006)
§ 8.60.070 Surplus.
Any surplus of monies remaining after the applicant has been reimbursed in accordance with the applicable provisions of this code may be expended for construction or reconstruction of the facilities including raising of, facilities to grade or work for which the funds were collected.
(1995 Code, § 8.60.070)
§ 8.60.080 Severability.
If any section, division, paragraph, sentence, clause or phrase of this chapter is held to be unconstitutional or invalid or ineffective by any Court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter, or any part thereof.
(1995 Code, § 8.60.080)
§ 8.60.090 Street and storm drainage in-lieu fees.
Whenever the City Engineer determines it is impractical or unreasonable for an applicant to install street improvements and/or storm drainage facilities on a street frontage for which such installation would otherwise be required, the applicant shall pay to the city an in-lieu fee for their fair share of the future installation of the improvements. The fee shall be based on an estimate of the applicant's fair share of the cost of the improvements, as approved by the City Engineer.
(1995 Code, § 8.60.090) (Ord. 06-2026, passed - -2006)
§ 8.64.010 Oversize.
OVERSIZE shall mean improvements installed by a subdivider or developer, hereinafter referred to as “applicant”, as a condition of project approval that are of a supplemental size, capacity, number or length for the benefit of property not within the subdivision or development, and are dedicated to the public. If such condition is imposed, provision for reimbursement to the applicant, in the manner provided by the Subdivision Map Act, shall be contained in the subdivision improvement agreement entered into pursuant to these regulations, or in a separate development agreement, prior to any work being undertaken. Determination of oversize shall be in accordance with the applicable provisions of this code.
(1995 Code, § 8.64.010) (Ord. 12-08, passed 8-21-2012)
§ 8.64.020 Reimbursement agreements.
(A) Whenever improvements are required to be installed adjacent to property other than that being developed or in greater size or capacity than that required for the development of the property under consideration, the applicant installing the improvements may be eligible to enter into a reimbursement agreement with the city if the following conditions are satisfied:
(1) The city and applicant agree that the improvements significantly benefit and serve property that is not within the subdivision or site development area;
(2) All anticipated oversize improvement costs have been reviewed and approved by the City Engineer, and included in the subdivision improvement agreement or separate development agreement, prior to the start of their construction;
(3) The improvements are included in the city’s development impact fee program as a fee generating component, unless otherwise authorized by City Council;
(4) The city and applicant enter into a reimbursement agreement in a form approved by the City Attorney; and
(5) The applicant submits evidence of the actual costs of the improvements described in the reimbursement agreement as follows:
(a) Evidence shall be provided in the form of receipted bills, canceled checks, or contracts, and shall be subject to the review and approval of the City Engineer.
(b) Evidence shall be submitted within 90 days of the city’s acceptance of the improvements by notice of completion. If the required evidence is not submitted within this time period, the applicant shall not be eligible for any reimbursements under this ordinance.
(B) The reimbursement agreement shall generally include the following:
(1) All oversize costs which are to be reimbursed to the applicant;
(2) The circumstances surrounding the installation of the improvements;
(3) The party or parties to which reimbursement is to be made;
(4) That transfer of reimbursement rights requires an amendment to the agreement, and is subject to City Council approval;
(5) The method of calculating interest;
(6) The effective date of the agreement; and
(7) Other provisions appropriate for the execution of the intent of reimbursement for oversize.
(C) Reimbursement shall be made from a fund established by the city pursuant to Cal. Gov’t Code § 66487 and in accordance with any of the provisions provided for therein. Reimbursements shall be made subject to the availability of funds, and in accordance with the following:
(1) For improvements funded through the city’s development impact fee program, the city shall not be required to reimburse more money than is identified and collected through the development impact fee program as improvement costs attributable to new development.
(2) Reimbursements shall be made only when the city collects sufficient funds from the developers of new projects, notwithstanding any provision of any law, this code or the reimbursement agreement. Failure or error by the city resulting in funds not being collected will not subject the city to any liability, obligation or debt owed the original developer.
(1995 Code, § 8.64.020) (Ord. 12-08, passed 8-21-2012; Ord. 06-2026, passed - -2006)
§ 8.64.030 Costs.
Oversize costs eligible for reimbursement, subject to the limitations set forth in § 8.64.020(C), shall be as follows:
(A) For improvements that are of a supplemental size, capacity or number, eligible costs shall be based on the actual cost of materials and equipment installed for the benefit of property not within the subdivision or development. Where a difference in pipe size is involved, eligible oversize costs shall be limited to the additional material and equipment costs.
(B) Eligible costs for excessive right-of-way dedications shall be the fair market value based on the property’s zoning and state of improvement at the time the right-of-way is first specified as a condition of development approval.
(C) The costs of engineering, staking, compaction tests and all fees paid to the city, county or state shall be excluded from eligible oversize cost calculations, except for that portion of the inspection fees that can be directly attributed to the oversized portion of the improvements.
(1995 Code, § 8.64.030) (Ord. 12-08, passed 8-21-2012)
§ 8.64.040 Interest.
Interest shall be paid on the remaining principal and shall be at a variable rate compounded annually. The interest rate used for each calendar year shall not exceed the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month.
(1995 Code, § 8.64.040)
§ 8.64.050 Severability.
If any section, division, paragraph, sentence, clause or phrase of this chapter is held to be unconstitutional or invalid or ineffective by any court or tribunal of competent jurisdiction, the decision shall not affect the validity or effectiveness of the remaining portions of this chapter, or any part thereof.
(1995 Code, § 8.64.050)
§ 8.68.010 Purpose and application.
This chapter is designed to regulate video service providers holding state video franchises and operating within the city.
On January 1, 2007, the State of California became the sole authority with power to grant state video franchise pursuant to the Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”). Pursuant to DIVCA, the City of Tulare shall receive a franchise fee from all state franchises. Additionally, each state franchisee must remit to the city its pro rata share of any cash payments for the ongoing costs of public, education, and governmental access channel facilities or institutional networks, as long as there are such payment obligations imposed by a city issued franchise. DIVCA confirmed that the city may establish and enforce penalties, consistent with state law, against all state video franchise holders operating within the city for violations of customer service standards. DIVCA precludes the city from adopting its own standards and grants all authority to adopt customer service standards to the state. DIVCA leaves unchanged the city’s authority to regulate the city’s current cable franchises and any city franchise(s) issue on or before January 1, 2008, until the expiration of any such franchise(s).
(Ord. 16-07, passed 6-21-2016)
§ 8.68.020 State video franchise fees.
(A) Any state video franchise holder operating within the boundaries of the city shall pay a fee to the city equal to 5% of the gross revenue of that state video franchise holder.
(B) Gross revenue, for the purposes of this section, shall have the definition set forth in Cal. Public Utilities Code § 5860.
(Ord. 16-07, passed 6-21-2016)
§ 8.68.030 Audit authority.
Not more than once annually, the City Manager or his/her designee may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with § 8.68.020.
(Ord. 16-07, passed 6-21-2016)
§ 8.68.040 Customer service penalties under state video franchises.
(A) The holder of a state video franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service.
(B) The City Manager or his designee shall monitor the compliance of state video franchise holders with respect to state and federal customer service and protection standards. The City Manager or his/her designee will provide the state video franchise holder written notice of any material breaches of applicable customer service standards, and will allow the state video franchise holder 30 days from the receipt of the notice to remedy the specific material breach. Material breaches not remedied within the 30 day time period will be subject to the following penalties to be imposed by the city:
(1) For the first occurrence of a violation, a fine of up to $500 may be imposed for each day the violation remains in effect, not to exceed $1,500 for each violation.
(2) For a second violation of the same nature within 12 months, a fine of up to $1,000 may be imposed for each day the violation remains in effect, not to exceed $3,000 for each violation.
(3) For a third or further violation of the same nature within 12 months, a fine of up to $2,500 may be imposed for each day the violation remains in effect, not to exceed $7,500 for each violation.
(C) A state video franchise holder may appeal a penalty assessed by the City Manager to the City Council within 60 days of the initial assessment. The City Council shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. The City Council’s decision on the imposition of a penalty shall be final.
(Ord. 16-07, passed 6-21-2016)
§ 8.68.050 City response to state video franchise applications.
(A) Applicants for state video franchises within the boundaries of the city must concurrently provide complete copies to the city of any application or amendments to applications filed with the California Public Utilities Commission (PUC). One complete copy must be provided to the City Manager.
(B) Within 30 days of receipt, the City Manager will provide any appropriate comments to the PUC regarding an application or an amendment to an application for a state video franchise.
(Ord. 16-07, passed 6-21-2016)
§ 8.70.010 Purpose.
The purpose of this chapter is to regulate parades occurring on, upon, or along any city street, sidewalk, alley, or other public way to ensure the safety of parade participants and observers, promote the free flow of vehicular and pedestrian traffic, and facilitate multiple uses of such property.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.020 Definitions.
The following words and terms when used in this chapter shall have the meanings herein ascribed to them.
EXPRESSIVE ACTIVITY. The sole or principal object of which is the expression, dissemination, or communication of opinion, views, or ideas by verbal, visual, literary, or auditory means.
PARADE. Any parade, march, rally, protest, picketing, assembly, vigil, ceremony, show, review, exhibition, pageant, motorcade, athletic event or procession of any kind, or any similar display, which is to assemble or travel in unison on, upon, or along any portion of any public street, sidewalk, alley or other public way and which:
(1) Does not comply with the normal and usual traffic regulations or controls, or
(2) Is likely to impede, obstruct, impair or interfere with the free use of such public street, sidewalk, alley, or other public way.
PARADE ORGANIZER. Any person who conducts, manages, promotes, organizes, aids or solicits attendance at a parade.
STREET, SIDEWALK, ALLEY, OR OTHER PUBLIC WAY. Includes all streets, highways, avenues, lanes, sidewalks, alleys, and other public ways in the city open to public use for purposes of vehicular or pedestrian travel.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.030 Persons obstructing streets.
No person shall loiter or stand or sit in or upon any public street, highway, lane, alley, sidewalk or crosswalk in the city so as to, in any manner, hinder or obstruct the free passage therein of persons or vehicles passing along the same, or so as, in any manner, to annoy or molest persons passing along the same.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.040 Obstructing entrances to public assemblage.
No person shall loiter or stand or sit in or at the entrance to any church, hall, theater or any place of public assemblage in the city so as to, in any manner, obstruct the entrance.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.050 Permit required - Parades and events.
No person shall hold, manage, conduct, carry on or cause or permit to be held, conducted or carried on, any parade, march or procession of any kind; or hold, conduct or address any assemblage, meeting or gathering of persons or make or deliver any public speech, lecture or discourse or conduct or take part in any public debate or discussion; or make any display of or use, beat or operate any wind instrument, stringed instrument or musical instrument in or upon any public street, sidewalk, public park or public place in the city without having first obtained from the City Manager a written permit so to do. Funeral processions are exempt from obtaining permits.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.060 Enforcement officer designated.
It shall be the duty of the City Manager, or his or her designee, to enforce the provisions of this chapter.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.070 Permit - Application.
Every person desiring to carry on, engage in or do any acts set forth or regulated by this chapter shall first make a written application to and secure from the City Manager a written permit therefore and which permit shall be signed by the applicant if he or she be an individual, or by the managing agent thereof if the applicant be a firm, corporation or association.
(A) Place and time for filing. Applications shall be filed with the City Clerk's Office and shall be filed not less than ten calendar days before the proposed date of the parade.
(B) Application fee. All applications, except for events that qualify as an expressive activity, shall be submitted with payment of a nonrefundable fee.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.080 Permit - Issuance.
(A) Review by City Manager. Upon the filing of complete application for a parade permit, the City Manager, or his or her designee, shall review for compliance with this section.
(B) Action on permit application.
(1) The City Manager, or his or her designee, shall approve any application for a permit if the following criteria have been met:
(a) The proposed parade will not substantially disrupt vehicular traffic, public transportation, or pedestrian traffic within the city;
(b) The proposed parade will not unreasonably interfere with access to police or fire stations, or other public safety facilities;
(c) The proposed parade would not present unreasonable danger to the health, safety, or welfare of the applicant, spectators, city employees, or members of the public;
(d) The parade is not proposed for a time and place for which another parade permit has been or will be issued to a prior applicant;
(e) There is sufficient on-street and/or off-street parking to accommodate parade participants;
(f) The proposed area for the assembly or route of the parade will physically accommodate the number of participants expected to participate in the parade;
(g) The application is complete and does not contain fraud, misrepresentation or false statement;
(h) The applicant has not violated any provision of this chapter;
(i) The applicant's permit has not been previously revoked as provided in this chapter.
(2) The City Manager, or his or her designee, may condition any permit approved pursuant to division (B)(1) of this section with reasonable time, place and manner regulations to protect the public health, safety and welfare, to facilitate multiple uses of public property, to prevent dangerous, unlawful or impermissible uses of public property, and to regulate vehicular and pedestrian traffic; provided, that such conditions shall not be imposed in a manner that will unreasonably restrict expressive activity or other conduct protected by the California or United States Constitutions. Conditions that may be imposed on a parade permit include, but are not limited to:
(a) The accommodation of the parade's pedestrian and vehicular traffic, including the restriction of parade participants to city sidewalks, or portions of city streets or other public ways;
(b) Conditions designed to lessen interference with public safety and emergency service access;
(c) The provision and use of barricades and/or police escort;
(d) Noise restrictions.
(3) The City Manager and the Chief of Police, or their designees, shall review for approval any applications for expressive activity.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.090 Amplified sound.
Any event proposing the amplification of sound must comply with § 6.40.050 of Chapter 6.40 of Title 6 of this Code. A separate administrative fee will be applied for processing an amplified sound permit.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.100 Police Department fees.
Additional fees may be imposed by the Police Department, if it is requested by the applicant or determined by the Chief of Police that police escorts are needed for the event.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.110 Demonstration equipment prohibited.
(A) No person shall carry or possess while participating in any demonstration, rally, picket line or public assembly, any length of lumber, wood, or wood lath unless that object is one-quarter inch or less in thickness and two inches or less in width, or if not generally rectangular in shape, such objects shall not exceed one-half inch in its thickest dimension.
(B) No person shall carry or possess while participating in any demonstration, rally, picket line or public assembly, any metal standards or poles, or objects with sharpened, pointed or jagged surfaces.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.120 Indemnification and insurance.
(A) Indemnification agreement. Each applicant shall execute a hold harmless agreement in a form approved by the City Attorney agreeing to defend, protect, indemnify and hold the city, its officers, employees, agents, and volunteers free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted parade.
(B) Insurance.
(1) Prior to the issuance of a permit, the applicant shall obtain general liability insurance from an insurance company licensed to do business in the state of California and having a rating in Best's Insurance Guide of at least "B." Such insurance shall be in an amount of at least $1,000,000 combined single limit. If the applicant intends to use vehicles in activities associated with the permit, the applicant shall obtain automobile liability insurance from an insurance company licensed to do business in the state of California and having a rating in Best's Insurance Guide of at least "B" in an amount of at least $1,000,000 per accident. Proof of insurance shall be filed with Human Resources/Risk Management and such insurance shall remain in full force and effect for the duration of the permitted parade.
(2) Applicants who intend to engage in expressive activity are exempt from providing insurance, unless there is a specific demonstrable history of personal injury or property damage claims being awarded against the applicant attributable to the applicant's conduct of previous parades in the city that are similar to the proposed parade.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.130 Permit - Use.
A permittee shall comply with all permit conditions, and with all applicable laws and ordinances. The parade organizer or other person heading or leading the parade shall carry the parade permit upon his or her person during the conduct of the parade and shall exhibit the permit upon the request of any city official.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.140 Transfer of permit.
All permits issued pursuant to this chapter shall be nontransferable and nonassignable and shall be for one act or action and for but one place or course.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.150 Revocation of permit.
The City Manager or Chief of Police shall have the authority to revoke any permit granted by it, without notice, for any violations of these regulations or if deemed for the best interests of the public peace, health and safety of the city and the inhabitants thereof.
(Ord. 09-17, passed 12-15-2009)
§ 8.70.160 Public conduct.
(A) No person shall unreasonably hamper, obstruct, impede or interfere with any parade or with any person, vehicle, or animal participating or used in a parade.
(B) Except for emergency vehicles, no driver of a vehicle shall drive between the vehicles, animals, or persons comprising a parade when such vehicles, animals or persons are conspicuously designated as a parade.
(C) The city shall, when necessary for the safety and protection of parade participants and observers, to prohibit or restrict the parking of vehicles along the street or part thereof constituting a part of the route of a parade.
(Ord. 09-17, passed 12-15-2009)
§ 8.74.010 Administrative Fine Schedule.
The City Council of the City of Tulare in an effort to more efficiently administer all fines, as referenced within each chapter of the Tulare Municipal Code and associated with its administrative citation process hereby sets forth an Administrative Fine Schedule to be established and adopted by resolution.
(Ord. 10-15, passed 4-20-2010)
§ 8.24.010 Purpose.
(A) General. The Subdivision Ordinance is adopted to implement the California Subdivision Map Act ("Map Act") and to protect the health, safety, and general welfare of the residents of the City of Tulare.
(B) Specific. The Subdivision Ordinance is intended to give effect to the Map Act, Cal. Gov't Code §§ 66410 et seq.
(1) Plan implementation. To give effect to the General Plan and specific plans of the City of Tulare relative to the subdivision of land and development of subdivisions.
(2) Local ordinance. To regulate, by local ordinance, those matters of land division, merger, reversion, and lot line adjustment not governed by the Map Act.
(3) Orderly development. To facilitate and ensure orderly development of lands in the City of Tulare.
(4) Consistency. To implement the objectives established for the development of the City of Tulare in conformance with its General Plan and specific plans, and to ensure that a proposed subdivision or land division shall be considered in relation to those plans.
(5) Improvements. To provide standards governing the surveys, designs, and improvements of subdivisions, and the submission of maps, plans, and specifications for the construction of improvements.
(6) Utilities. To provide for standards for streets, roads, highways, public utilities, and other improvements within subdivisions.
(7) Building sites. To provide for the creation of reasonable building sites by establishing appropriate standards for streets and lots, and to ensure that each property has a means of ingress and egress.
(8) Flooding. To control the division of land that is subject to inundation by flooding from natural streams or artificial ponding, and other detrimental influences which may cause land to be unsuitable for satisfactory development.
(9) Soil conditions. To control the division of land which may be subject to dangerous or unsuitable soil conditions of any type, or subject to any other impediments affecting the use of the land for human habitation.
(10) Rules and regulations. To provide rules and regulations governing the contents of tentative subdivision maps, tentative parcel maps, vesting tentative subdivision maps and final maps, to establish methods for the processing and filing of the maps, and to regulate other related matters.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.020 Title of provisions.
This chapter shall be known as, and may be cited as, the "Subdivision Ordinance of the City of Tulare."
(Ord. 15-12, passed 12-15-2015)
§ 8.24.030 Conformance to provisions required.
(A) Prior to the subdivision of any land in the City of Tulare, the subdivider shall conform to and comply with the requirements of this chapter.
(B) No land shall be subdivided or developed for any purpose that is not in conformity with the General Plan, any applicable specific plan, or the City of Tulare Public Ways and Property Ordinance, Title 8 of the Tulare Municipal Code.
(C) The type and intensity of land use as shown in the General Plan or specific plan shall determine the type of streets, roads, highways, utilities, and public services to be provided by the subdivider.
(D) No subdivision shall be approved, and no certificate of compliance shall be issued, if a lot would be created that is inconsistent with the requirements of this chapter.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.040 Applicability.
(A) General. All subdivisions of real property for sale, lease, or financing in the City of Tulare shall comply with this chapter and the Map Act.
(B) Approval. All subdivisions of real property for sale, lease, or financing in the City of Tulare shall be permitted through the approval of a map in compliance with this chapter and the Map Act.
(C) Conflicts. The Map Act shall govern in the event of any conflict between the Map Act and this chapter.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.050 Advisory agency and appeal board.
(A) Advisory agency.
(1) Designation. The designated advisory agencies as defined in Cal. Gov't Code § 66415 of the Map Act are identified as "review authority" in Table 8.24-1.
(2) Role. The advisory agency, as review authority, is authorized to make decisions on a given action, as identified in Table 8.24-1.
(B) Responsibilities.
(1) Community Development Director. The Community Development Director is responsible for the following:
(a) Processing applications for subdivision maps and approvals as required by this chapter.
(b) Reviewing subdivision applications for compliance with the General Plan, the Zoning Ordinance, and this chapter.
(c) Forwarding subdivision application materials to the City Engineer and other city departments for review and comment.
(d) Conducting environmental analyses related to proposed applications in compliance with the California Environmental Quality Act (CEQA).
(e) Scheduling meetings and hearings for items reviewed by the Parcel Map Committee, the Planning Commission, and City Council.
(f) Providing notice of public hearing as required by this chapter.
(g) Membership on in the Parcel Map Committee and participation in all duties and responsibilities of the Committee.
(h) Preparing written reports for items acted upon by the Parcel Map Committee, the Planning Commission, and the City Council.
(i) Certifying, as Secretary of the Planning Commission, decisions and actions of the Planning Commission.
(j) Providing applicants with notice of City decisions on proposed tentative subdivision maps, vesting tentative subdivision maps, and tentative parcel maps.
(k) Making decisions and providing recommendations on decisions as shown in Table 8.24-1.
(l) Making decisions on requests to waive the requirement for a tentative parcel map as allowed by Cal. Gov't Code § 66428.
(m) Certifying approval of minor amendments to tentative subdivision maps, vesting tentative subdivision maps, and tentative parcel maps.
(n) Reviewing and approving provisions prepared by a subdivider for the maintenance and ownership of private streets.
(o) When necessary to carry out these responsibilities, the Community Development Director may designate and authorize a representative to act on the Community Development Director's behalf.
(2) City Engineer. The City Engineer is responsible for the following:
(a) Reviewing and commenting on applications for tentative subdivision maps, tentative parcel maps, lot line adjustments, voluntary lot mergers, and reversions to acreage.
(b) Preparing a written report to the Planning Commission on whether a tentative subdivision map application complies with this chapter and the Map Act.
(c) Reviewing and commenting on requested certificates of compliance.
(d) Membership on the Parcel Map Committee and participation in all duties and responsibilities of the Committee.
(e) Reviewing and commenting on requested tentative parcel map waivers.
(f) Certification of approved amendments to a tentative subdivision map or tentative parcel map.
(g) Waiving of final subdivision map and parcel map requirements that are not applicable to a proposed subdivision.
(h) Issuing of certificates for final subdivision maps and parcel maps.
(i) Accepting and reviewing final subdivision map and parcel map submittals.
(j) Approving parcel maps that do not require dedications subject to City Council approval.
(k) Transmitting certified final subdivision maps and parcel maps to the County Recorder.
(l) Approving amendments or certificate(s) of correction to final subdivision maps and parcel maps allowed with City Engineer approval and recommendation to the City Council on amendments to final subdivision maps and parcel maps requiring City Council approval.
(m) Maintaining the latest edition of the city's Standard Drawings and Specifications in the Office of the City Engineer.
(n) Reviewing and approving subdivision improvement plans in compliance with official city standards.
(o) Approving deviations from the city's standard plans and specifications for subdivision improvements.
(p) Determining required payment for maintenance of trees and landscaping within a subdivision after completion.
(q) Reviewing master water, sewer, and storm drain plans for a subdivision subject to multiple incremental final subdivision maps.
(r) Approving deferred improvement agreements.
(s) Approving improvement securities.
(t) Approving extensions to the required completion date of subdivision improvements.
(u) Recommending to the City Council acceptance of all public subdivision improvements.
(v) When necessary to carry out these responsibilities, the City Engineer may designate and authorize a representative to act on the City Engineer's behalf.
(3) Parcel Map Committee. The Parcel Map Committee is responsible for approving, conditionally approving, or denying all applications for:
(a) Tentative parcel maps.
(b) Amendments to tentative parcel maps.
(c) Discretionary extensions to tentative parcel maps.
(d) Lot line adjustments not requiring a variance.
(e) Reversions to acreage.
(f) Lot mergers.
(4) Planning Commission. The Planning Commission is responsible for approving, conditionally approving, or denying all applications for:
(a) Tentative subdivision maps and vesting tentative subdivision maps.
(b) Amendments to vesting tentative subdivision map or a tentative subdivision map.
(c) Amendments to a parcel or final subdivision map to reflect changed circumstances.
(d) Discretionary extensions to a vesting tentative subdivision map or a tentative subdivision map.
(e) Hearing appeals of decisions of the Community Development Director, City Engineer, and Parcel Map Committee.
(5) City Council. The City Council is responsible for:
(a) Approving, conditionally approving, or denying all applications for final subdivision maps.
(b) Accepting all dedications of land, rights-of-way, and easements.
(c) Hearing appeals of decisions of the Community Development Director, City Engineer, Parcel Map Committee, and Planning Commission.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.060 Standard conditions of approval.
Pursuant to its police power, the city may impose conditions on the approval of any map. The City Council may adopt, by resolution, a listing of standard conditions of approval, which may be imposed on the approval of any map by reference. Any, all, or none of the standard conditions of approval may be imposed by the city by such reference. Imposition of standard conditions of approval does not in any way abrogate the power of the city to impose other conditions.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.070 Public notice.
When a map is filed for the division of land, all public notice requirements listed in Cal. Gov't Code § 66451 et seq. and the Tulare Municipal Code shall be followed.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.080 Appeals process.
When this chapter allows for an appeal of an action, the appeals process shall be in accordance with Cal. Gov't Code § 66452.5 and as follows:
(A) Appeal Community Development Director, City Engineer, and Parcel Map Committee actions. Community Development Director, City Engineer, and Parcel Map Committee actions may be appealed to the Planning Commission as follows:
(1) Within ten days after the action of the Community Development Director, City Engineer, or Parcel Map Committee from which the appeal is taken, the action may be appealed to the Planning Commission by filing a notice of appeal with the Community Development Director. The notice of appeal shall be accompanied by payment of a fee as required by resolution of the City Council. If no appeal is filed, the action shall be final.
(2) Within 30 days after the date of filing an appeal, the Planning Commission shall hold a hearing to consider the matter. At the hearing of the appeal, the Planning Commission shall consider the report of the Community Development Director, City Engineer, or Parcel Map Committee, as applicable, in addition to testimony presented at the hearing.
(3) The Planning Commission may sustain, modify, reject, or overrule any action of the Community Development Director, City Engineer, or Parcel Map Committee, and make findings that are consistent with city ordinances or the Map Act. Within ten days following the hearing, the Planning Commission shall render its decision on the appeal.
(B) Appeal of Planning Commission action. Planning Commission actions may be appealed to the City Council as follows:
(1) Within ten days after the action by the Planning Commission from which the appeal is taken, the action may be appealed to the City Council by filing a notice of appeal with the Clerk of the City Council and the Community Development Director. The notice of appeal shall be accompanied by payment of a fee as required by resolution of the City Council. If no appeal is filed, the action shall be final.
(2) Within 30 days of the filing of an appeal, the City Council shall hold a hearing to consider the matter. At the hearing of the appeal, the City Council shall consider all of the following, as applicable, in addition to testimony presented at the hearing:
(a) The report of the Community Development Director.
(b) The minutes of the Planning Commission.
(c) The staff report.
(3) The City Council may sustain, modify, reject, or overrule any action of the Planning Commission and make findings that are consistent with city ordinances or the Map Act. Within ten days following the hearing, the City Council shall render its decision on the appeal, which shall be final.
(Ord. 15-12, passed 12-15-2015)
Key
R Recommended D Decision A Appeal - Not Applicable | Role of Review Authority | ||||
Community Development Director | City Engineer | Parcel Map Committee | Planning Commission [1] | City Council | |
Key
R Recommended D Decision A Appeal - Not Applicable | Role of Review Authority | ||||
Community Development Director | City Engineer | Parcel Map Committee | Planning Commission [1] | City Council | |
Map Approvals | |||||
Final Subdivision Map | R | R | - | - | D |
Parcel Map | R | D [2 ] | - | A | A |
Tentative Parcel Map | R | R | D | A | A |
Tentative Subdivision Map | R | R | - | D | A |
Vesting Tentative Subdivision Map | R | R | - | D | A |
Tentative Parcel Map Waivers | D | R | - | A | A |
Map Amendments | |||||
Amendment to a Parcel Map or Final Map to Correct Errors and Omissions | - | D | - | A | A |
Amendment to a Parcel Map or Final Map to Reflect Changed Circumstances | - | R | - | D | A |
Amendment to a Tentative Parcel Map | R | R | D | A | A |
Amendment to a Tentative Subdivision Map or a Vesting Tentative Subdivision Map | R | R | - | D | A |
Map Extensions | |||||
Automatic Extension to a Tentative Subdivision Map or a Tentative Parcel Map | D | - | - | A | A |
Discretionary Extension to a Tentative Subdivision Map or a Vesting Subdivision Tentative Subdivision Map | R | R | - | D | A |
Discretionary Extension to a Tentative Parcel Map | R | R | D | A | A |
Other Decisions | |||||
Accepting Dedication of Land, Rights- of-Way and Easement | R | R | - | R | D |
Lot Line Adjustment | R | R | D[ 2] | A | A |
Certificate of Compliance | R | R | D | A | A |
Deferred Improvement Agreement | - | D | - | A | A |
Reversion to Acreage | R | R | - | D | A |
Voluntary Lot Merger | R | R | D | A | A |
Notes: [1] The Planning Commission is the review authority for lot line adjustments requiring a variance. [2] Any dedications must be approved by the City Council. | |||||
(Ord. 15-12, passed 12-15-2015)
§ 8.24.090 Prohibitions and penalty for violation.
(A) Prohibitions.
(1) Noncompliance. No person shall offer to sell or lease, to contract to sell or lease, or to finance any lot of real property or to commence construction of any building for sale, lease or financing, except for model homes, or to allow occupancy, for which a parcel map or final parcel map is required by this chapter, until a parcel map or final subdivision map in compliance with the provisions of this chapter has been filed for record by the County Recorder.
(2) Conveyance of property. Conveyances of any part of a division of real property for which a final subdivision map or parcel map is required by this chapter shall not be made by parcel or block number, initial or other designation, until the map has been filed for record by the County Recorder.
(3) Development contrary to public health or safety. The city shall not issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted in a division, in violation of the provisions of this chapter, if it finds that development of the property is contrary to public health or public safety. If the city issues a permit or grants approval for the development of the property, it may impose additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.100 Certificate of compliance.
(A) Purpose. A certificate of compliance is an official determination of the City of Tulare that a property complies with the requirements of this chapter and the Map Act.
(B) Application. Any person owning real property may submit to the Community Development Director an application for a certificate of compliance. The application shall be subject to the fees as set forth in the City of Tulare's Planning Fee Schedule.
(C) Review. The Community Development Director, in consultation with the City Engineer, shall review the application to determine whether the property complies with the requirements of this chapter and the Map Act.
(D) Issuance and recordation. If the Community Development Director is able to determine from this review that the parcel complies with this chapter and the Map Act, a certificate of compliance shall be issued by the Parcel Map Committee and delivered to the County Recorder for recordation. The certificate of compliance shall identify the property and state that the property complies with this chapter and the Map Act.
(E) Non-compliance. If the Community Development Director cannot determine that the property complies with this chapter and the Map Act, the Parcel Map Committee shall issue a conditional certificate of compliance pursuant to Cal. Gov't Code § 66499.35(b).
(Ord. 15-12, passed 12-15-2015)
§ 8.24.110 Remainder lots.
(A) General. A subdivider may designate as a remainder lot the portion of a subdivision which is not divided for the purpose of sale, lease, or financing. A designated remainder lot is not counted as a lot for the purpose of determining whether a parcel map or subdivision map is required.
(B) Construction of improvements. For a designated remainder lot, the fulfillment of construction requirements for improvements is not required until:
(1) A permit or other grant of approval for development of the remainder lot is issued by the city;
(2) The construction of the improvements is required under an agreement between the subdivider and the city; or
(3) The city makes a finding that fulfillment of the construction requirements is necessary for reasons of:
(a) The public health and safety; or
(b) The required construction is a necessary prerequisite to the orderly development of the surrounding area.
(C) Agreement for deferred improvements. When fulfillment of the construction requirements is to be delayed, the subdivider shall record, with the City Engineer's approval, an agreement with the city, stating:
(1) What the required improvements are; and
(2) That the subdivider or a successor owner is required to complete them all before the city will grant a permit or other approval for development.
(D) Sale of remainder lots. If a designated remainder lot is subsequently sold, the city may require the subdivider or the owner to obtain a certificate of compliance or conditional certificate of compliance in compliance with § 8.24.100.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.120 Adopted.
Any words or phrases not defined in this chapter, but which are defined in the Map Act, shall apply as though set forth in this chapter.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.130 Definitions.
The following words and phrases shall have the meanings respectively ascribed to them.
(A) Definitions, "A".
ADVISORY AGENCY. The city official or body responsible for acting on an application, permit, or approval required by this chapter.
ALLEY. A way intended primarily for vehicular service access to the back or side of properties otherwise abutting on a street, and providing only secondary access to such property.
APARTMENT. Apartment house as defined in § 5.04.010 of the Tulare Municipal Code.
APPEAL BOARD. A designated board or other official body charged with the duty of hearing and making determinations upon appeals with respect to divisions of real property, the imposition of
requirements or conditions, or the kinds, nature, and extent of the design or improvements, or both, recommended or decided by the advisory agency to be required.
APPLICANT. The owner(s), developer, or subdivider of a project as their interests may appear.
ARTERIAL. Any street which carries or will carry the major flow of traffic, and for which the interval and extent of fronting uses, access, and traffic entering it from side streets and roadways may be restricted and otherwise controlled.
(B) Definitions, "B".
BICYCLE PATH. A path, trail, route, or land designated for use by bicycles and other non-motorized traffic.
BLOCK. An area of land entirely bounded, or to be entirely bounded, by streets, highways or ways, railroads, or subdivision boundaries, except alleys.
(C) Definitions, "C".
CENTERLINE. An imaginary or actual line dividing a road, street, or path into equal halves, often marked with a painted line.
CERTIFICATE. A formal, valid, written authorization.
CERTIFICATE OF COMPLIANCE. A certificate, recorded by the city, determining that the subdivision of real property complies with the provisions of the Map Act and city ordinances enacted pursuant to the Map Act. A recorded final subdivision map or parcel map shall constitute a certificate of compliance for the lots of real property described in the map.
CEQA. The California Environmental Quality Act, which provides an objective process to disclose and minimize environmental impacts.
CITY CLERK. The City Clerk of the City of Tulare and designated staff.
CITY ENGINEER. The City Engineer of the City of Tulare and designated staff. If registered as a civil engineer after January 1, 1982, the City Engineer shall not be authorized to prepare, examine, or approve surveying maps and documents. The examinations, certifications, and approvals of the surveying maps and documents shall only be
performed by a person authorized to practice land surveying pursuant to the Professional Land Surveyors Act, Cal. Business and Professions Code §§ 8700 et seq. or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers Act, Cal. Business and Professions Code §§ 6700 et seq.
CITY COUNCIL. The City Council of the City of Tulare and designated staff.
COLLECTOR STREET. Any street intermediate in function between minor streets and arterials which, because of its location relative to other streets or traffic generators, carries or will carry traffic between minor and arterial streets, or serves as a primary access to a neighborhood unit, or for the circulation of traffic within or through such a neighborhood unit.
COMMUNITY DEVELOPMENT DIRECTOR. The Director of the Planning Department and associated staff of the City of Tulare.
CONDOMINIUM. Includes the following:
(a) Real property consisting of an undivided interest in common in a portion of a lot of real property together with a separate interest in space in a residential, industrial, or commercial building on the real property.
(b) A condominium project, as defined in Cal. Civil Code § 4125, containing two or more condominiums, as defined in Cal. Civil Code § 783.
(c) A community apartment project, as defined in Cal. Business and Professions Code § 11004, containing two or more rights of exclusive occupancy.
(d) A stock cooperative, as defined in Cal. Business and Professions Code § 11003,2, containing two or more separately owned lots or areas.
(e) Any other project as defined by state law, including developments which offer own-your-own or fee-ownership units, where the individual owns land directly below the "footprint" of the unit.
CONDOMINIUM CONVERSION. The conversion or division of a single ownership lot of existing improved real property, such as an apartment project into a condominium form of ownership involving separate ownership of individual units.
CUL-DE-SAC. A minor street which connects to another street at one end only.
(D) Definitions, "D".
DEDICATION. The deliberate setting aside of land by an owner for general or public use.
DEPARTMENT OF COMMUNITY DEVELOPMENT. The Department of Community Development of the City of Tulare.
DESIGN.
(a) Street alignments, grades and widths.
(b) Drainage and sanitary facilities and utilities, including alignments and grades.
(c) Location and size of all required easements and rights-of-way.
(d) Fire roads and fire breaks.
(e) Lot size and configuration.
(f) Traffic access.
(g) Grading.
(h) Land to be dedicated for park or recreational purposes.
(i) Other specific requirements in the plan and configuration of the entire subdivision as necessary or convenient to ensure consistency with, or implementation of, the General Plan and applicable specific plan, utility master plan, or similar plan-level document.
DEVELOPER.
(a) A person, firm, corporation, partnership, or association who proposes to construct, or constructs, or causes to be constructed, any development on or for any portion of any land proposed to be subdivided in accordance with this chapter, or on, or for, any land previously subdivided.
(b) The owner or subdivider with controlling proprietary interest in a condominium project, or the person or organization making application for a condominium project.
DEVELOPMENT. Any man-made change to real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DEVELOPMENT AGREEMENT. A contract executed and legally binding between the City of Tulare and a developer(s) that delineates the terms and conditions agreed upon by two or more parties.
DOUBLE FRONTAGE LOT. Any lot whose front and rear property lines abut street rights-of-way.
DWELLING UNIT. A building or a portion of a building containing one or more habitable rooms used or designed for occupancy by individuals for living and sleeping purposes, including kitchen and bath facilities.
(E) Definitions, "E".
EASEMENT. The granting of certain property rights or limits on uses by the property owner to another party.
(F) Definitions, "F".
FINAL SUBDIVISION MAP. A map prepared in accordance with the provisions of this chapter and the Map Act of the state, designed to be recorded in the office of the recorder of the county, for subdivisions of five or more lots and as otherwise provided in the Map Act and this chapter.
FLOOD LINE. The flood line established pursuant to the Zoning Ordinance that designates the portion of the flood plain area of a river or stream which is subject to flood plain zoning regulations.
FREEWAY. As defined in Cal. Streets and Highways Code of the state, means a highway which, because of its design and relation to the state and county highway system, is, or will be used, primarily for fast, heavy, or dense traffic, and to which rights of access from abutting properties or streets along the right-of-way therefor will be prohibited or limited.
FRONTAGE. The front portion of a lot, typically located adjacent to a street.
FRONTAGE STREET. A street or road adjacent to an arterial, thoroughfare, or freeway, which provides access to properties and protection from the through-traffic on adjacent streets.
(G) Definitions, "G".
GENERAL PLAN. The City of Tulare's statement of goals and policies adopted by the City Council as a long-range, comprehensive guide to the city's growth and development.
(H) Definitions, "H". None.
(I) Definitions, "I".
IMPROVEMENT PLAN. An engineering plan, submitted by a civil engineer licensed to practice in the state, showing the design, sanitary sewers,
water systems, grading, and earthwork, and all other development, appurtenant structures, and facilities and construction, including engineering calculations, comprising on-site and off-site improvements required for a subdivision.
IMPROVEMENT AGREEMENT. A contract executed and legally binding between the City of Tulare and another party that delineates the terms and conditions relating to public improvements and agreed upon by two or more parties.
IMPROVEMENTS. Street work and utilities, grading and earthwork, to be installed, or agreed to be installed, by the subdivider and/or developer on the land to be used for public or private streets, highways, ways, and easements, as necessary for the general use of the lot owners in the subdivisions or of the site and local neighborhood traffic and drainage needs, as a condition prior to the approval and acceptance of the final map or parcel map of the subdivision. IMPROVEMENTS also refer to such other specific improvements or types of improvements, the installation of which, either by the subdivider and/or developer, by public agencies, by private utilities, or by any other entity approved by the City Council, is necessary or convenient to ensure conformity to or implementation of the General Plan.
INDUSTRIAL STREET. A street primarily designed to serve industrial uses.
(J) Definitions, "J". None.
(K) Definitions, "K".
KEY LOT. Any lot placed in a block, facing a different direction and plotted more or less at right angles to the normal pattern for that block.
(L) Definitions, "L".
LANDSCAPING. The planting and maintenance of living plant material, including the installation, use, and maintenance of any irrigation system for the plant material, as well as nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).
LOCAL ORDINANCE. Refers to the portion of the City of Tulare Municipal Code regulating the design and improvement of subdivisions.
LOCAL STREET. A street primarily designed to serve adjacent properties.
LOT. A portion of land separated from other portions by description, as on a subdivision or record of survey map for purpose of sale, lease, or separate use. In common usage, lot and parcel are used interchangeably. The term lot is used within this chapter to include parcels as defined by the Map Act and the municipal ordinance.
LOT LINE. The line bounding a lot, as shown in a survey or map.
(M) Definitions, "M".
MEDIAN. The area separating the traveled ways of opposing directional movements of vehicular traffic along and within a roadway.
MERGER. The joining of two or more contiguous lots of land under one ownership into one lot.
MOBILE HOME. A structure designed for human habitation and for being transportable on a street or highway under permit pursuant to Cal. Veh. Code § 35790, and as defined in Cal. Health and Safety Code § 18008. MOBILE HOME does not include a recreational vehicle, as defined in Cal. Civil Code § 799.29, or a commercial coach, as defined in Cal. Health and Safety Code § 18001.8.
MOBILE HOME PARK. An area of land where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for habitation.
MONUMENT. A permanent marker set in the ground to mark the boundaries of a property, as referenced in Cal. Gov't Code § 66434(c).
(N) Definitions, "N". None.
(O) Definitions, "O".
OWNER. The individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
(P) Definitions, "P".
PARCEL. One or more lots, as identified for tax purposes. In common usage, lot and parcel are used interchangeably. The term lot is used within this chapter to include parcel as defined by the Map Act and the municipal ordinance.
PARCEL MAP. A map prepared in accordance with the requirements of this chapter and
the Map Act of the state, which map is designed to be recorded in the office of the County Recorder for subdivisions of fewer than five lots and as otherwise provided in the Subdivision Map Act and this chapter.
PARCEL MAP COMMITTEE. The Parcel Map Committee of the City of Tulare, composed of one Planning Commission member, the Community Development Director or designee, and the City Engineer or designee.
PARKWAY. A strip between the sidewalk and the property line or between the curb and sidewalk within the street right-of-way, or between the pavement of a frontage street and the primary thoroughfare, arterial street, limited access highway, or freeway it parallels which is intended to be planted with trees or otherwise landscaped.
PARTIAL-WIDTH STREET. A street substandard in the right-of-way width.
PEDESTRIAN WAY. An improved right-of-way restricted to foot traffic and providing access to schools, playgrounds, shopping centers, transportation, or other community facilities.
PERIPHERAL STREET. An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.
PLANNING COMMISSION. The Planning Commission of the City of Tulare.
PLANNING DEPARTMENT. The Planning Department of the City of Tulare. The Community Development Director is the Director of the Planning Department and associated staff of the City of Tulare.
PRIVATE STREET. A road owned and maintained by a private party.
PUBLIC FACILITIES. All improvements installed to serve the public, including, but not limited to cable television, cemeteries, churches, communication equipment, corporation yards, electricity substations, fire stations, hospitals, landscaping, parks, public utility distribution, schools, sanitary sewer, storm drainage, street improvements, street lights, telephone, and water facilities.
(Q) Definitions, "Q". None.
(R) Definitions, "R".
RECOGNIZED LOT.
(a) Any lot which was a separate lot of record on December 1, 1977, as shown in the official records of the County Recorder.
(b) Any lot which has been, or is, created after December 1, 1977, in accordance with state law or any applicable city ordinance.
(c) Any lot which, at the time of annexation to the city, is a separate lot of record, as shown in the official records of the County Recorder.
REMAINDER LOT. A portion of land which was not divided when only part of a real property was subdivided.
REIMBURSEMENT AGREEMENT. A contract executed and legally binding between the City of Tulare and another party that delineates the terms and conditions relating to reimbursement agreed upon by two or more parties, as described in the Tulare Municipal Code, Ch. 8.60 (Benefit Districts) and Ch. 8.64 (Oversized Construction Reimbursement).
REVERSION TO ACREAGE. The abandonment of a previously approved subdivision resulting in a merger of the subdivided lots and reestablishment of the pre-subdivision lot lines.
(S) Definitions, "S".
SITE DEVELOPMENT. The development of any lot or area of land.
SPECIFIC PLAN. A plan for a sub-area of the City of Tulare that implements the goals and policies of the General Plan and follows the structural requirements in Cal. Gov't Code § 65451.
SPECIFICATIONS. Specifications for construction materials, methods of construction, tests, design and construction standards, and related conditions of the City of Tulare as adopted by ordinance or resolution of the City Council.
STREET. A thoroughfare, including a road or highway that provides the principal means of access to abutting property. For the purpose of interpreting this chapter, any throughway except an alley shall be considered a street.
STREET, ARTERIAL. Any street which carries or will carry the major flow of traffic, and for which the interval and extent of fronting uses, access, and traffic entering it from side streets and roadways may be restricted and otherwise controlled.
STREET, COLLECTOR. Any street intermediate in function between minor streets and arterials which, because of its location relative to other streets or traffic generators, carries or will carry
traffic between minor and arterial streets, or serves as a primary access to a neighborhood unit, or for the circulation of traffic within or through such a neighborhood unit.
STREET, STUBBED. A street having only one outlet for vehicular traffic and which is intended to be extended or continued in the future.
SUBDIVIDER. A person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided, real property into a subdivision for him or herself or for others.
SUBDIVISION. The division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements, or railroad rights-of-way. SUBDIVISION includes a condominium project as defined in Cal. Civil Code § 851, or a community apartment project as defined in Cal. Business and Professions Code § 11004, or the conversion of five or more existing dwelling units to a stock cooperative as defined in Cal. Business and Professions Code § 11003.2. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of lots.
SUBSTANDARD LOT. Any lot which does not meet the minimum dimension or area requirements for the zone as defined in the City of Tulare Zoning Ordinance.
SUBDIVISION MAP ACT. The Subdivision Map Act of the State, Cal. Gov't Code §§ 66410 et seq, as amended.
(T) Definitions, "T".
TENANT. A person who rents, leases, or subleases, through either a written or oral agreement, residential property from another.
TENTATIVE MAP. A map, prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the state, for the
purpose of showing the design of a proposed subdivision, the existing conditions in and around such subdivision, and other information as may be required at the time it is filed in accordance with this chapter. It is prepared prior to preparation of either a final map or a parcel map.
TURNAROUND. A circular or semicircular area at the end of cul-de-sac streets intended to allow for vehicular "U" turns.
(U) Definitions, "U".
UNIT. The particular area of land or airspace that is designed, intended, or used for exclusive possession or control of individual owners or occupiers, whether or not they have interests in common areas of the project.
(V) Definitions, "V".
VESTING TENTATIVE SUBDIVISION MAP. A tentative subdivision map that confers a vested right to proceed with development in substantial compliance with the city's ordinance, policies, and standards in effect at the time the vesting tentative subdivision map application is deemed complete.
(W) Definitions, "W".
WALKWAY. A way, path, or trail designed for pedestrian traffic and not intended for use as a way for motor-driven vehicles. Public walkways, paths, and trails shall include only those for which rights-of-way are dedicated or deeded to and accepted by the city.
WARRANTY SECURITY. Bonds, cash deposits, instruments of credit, a lien upon the property, or other form of security submitted by the subdivider to the city to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period.
(X) Definitions, "X". None.
(Y) Definitions, "Y". None.
(Z) Definitions, "Z". None.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.140 Purpose and function of tentative maps.
(A) Purpose. These following sections establish procedures for submittal, review, and action on tentative parcel and tentative subdivision maps, collectively known as "tentative maps."
(B) Function. Tentative maps display the layout of a proposed land division for review prior to the approval and recordation of a parcel map or final subdivision map.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.150 When required
(A) Tentative subdivision maps.
(1) General. A tentative subdivision map is required for subdivisions creating five or more lots, five or more condominium dwelling units, a community apartment project containing five or more lots, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units.
(2) Exceptions. Cal. Gov't Code § 66426 identifies instances when a parcel map may be prepared instead of a tentative subdivision map regardless of the number of lots created.
(B) Tentative parcel maps. A tentative parcel map is required for subdivisions creating less than five lots and in cases when a parcel map is prepared instead of a tentative subdivision map as allowed by Cal. Gov't Code § 66426.
(C) Tentative parcel map waivers.
(1) General. Consistent with Cal. Gov't Code § 66428, the Community Development Director may waive the requirement for a tentative parcel map for the following:
(a) Subdivisions created by eminent domain procedures, partition, probate, or other civil judgments or decrees.
(b) Subdivisions created by short-term leases (terminable with 30 days notice) of an operating railroad right-of-way of a railroad corporation as defined by Cal. Public Utilities Code § 230.
(c) Land conveyed to or from a public agency or utility for a public purpose.
(d) Construction of a condominium project on a single lot.
(e) A subdivision merged under this title, the California Subdivision Map Act ("Map Act"), or any prior city ordinance.
(f) Any other subdivision division of property which would otherwise require a parcel map.
(2) Application for waiver. A person requesting a tentative parcel map waiver shall file an application with all the information deemed necessary by the Community Development Director.
(3) Findings. The Community Development Director may grant a tentative parcel map waiver after conferring with the City Engineer and finding that:
(a) The land being divided consists of a lot shown on a recorded parcel map or final subdivision map or a legally created lot and the full street improvements have been constructed and monuments are evident.
(b) The proposed division of land complies with the requirements of the city and Map Act as to area, improvement and design, floodwater drainage control, public street improvements, sanitary disposal facilities, water supply availability, environmental protection, and any other requirements that may apply.
(4) Conditions of approval. The Community Development Director may attach conditions to a tentative parcel map waiver to ensure the proposed division of land complies with the requirements of the California Environmental Quality Act, the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare.
(5) Final parcel map required. Whenever a tentative parcel map is waived under this section, a parcel map shall be submitted to and reviewed for approved by the City Engineer as required by this chapter.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.160 Basic requirements.
(A) Compliance with Map Act. Tentative maps shall be filed and processed in accordance with the Map Act.
(B) Consistency. Land may be subdivided and developed only for purposes that are consistent with the Tulare General Plan, Zoning Ordinance, and any applicable specific plans.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.170 Review authority.
(A) Tentative subdivision maps. The Planning Commission shall take action on all tentative subdivision map applications.
(B) Tentative parcel maps. The Parcel Map Committee shall take action on all tentative parcel map applications.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.180 Application submittal.
(A) Preparation. A tentative map shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the State of California.
(B) Application contents. A tentative map application shall be filed with all fees, deposits, information, and materials as required by the city and the Map Act.
(C) Tentative subdivision map contents. A tentative map shall contain the information listed below, as well as any other information required by the city and the Map Act:
(1) The title of the subdivision and the legal description of the property.
(2) The name and address of the owner of the property being subdivided.
(3) The name and address of the surveyor or engineer preparing the map.
(4) The approximate acreage.
(5) The north point.
(6) The scale to which details are drawn; ideally, the scale shall be 1 inch to 50 feet or less, and in no case more than 1 inch to 200 feet.
(7) The date on which the map was prepared.
(8) Boundary lines and location of adjacent lot lines.
(9) The location and name of streets.
(10) Width of streets and alleys.
(11) The name, location, and width of adjacent streets.
(12) Location of existing trees, indicating trunks four inches or larger in diameter.
(13) Dimensions of reservations.
(14) Existing structures and adjacent structures, including surrounding land use and zoning.
(15) Watercourses.
(16) Land subject to overflow or inundation.
(17) Railroads.
(18) Lot lines, approximate dimensions, and lot numbers.
(19) Approximate radius of curves.
(20) Lands and parks to be dedicated for public use.
(21) Proposed land uses.
(22) Name and tract number of adjoining subdivisions.
(23) The name of any geologist or soils engineer who assisted with the preparation of the tentative map.
(D) Water supply assessment. For any residential subdivision(s) seeking entitlements through the City of Tulare, the subdivider shall submit an application and any applicable deposit, for a water supply assessment through the City Engineer requesting written verification from the City of Tulare Water Division of available water supply to serve the subdivision.
(E) Filing. Tentative map applications shall be filed with the Community Development Director.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.190 Application review.
(A) Review for completeness.
(1) Initial review. The Community Development Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed.
(2) Basis for determination. Community Development Director acceptance shall be based on full compliance with the provisions of the Map Act and this chapter.
(3) Notification of applicant. Within 30 calendar days of application acceptance, the Community Development Director shall inform the applicant in writing that the application is complete and has been accepted for processing or that the application is incomplete and additional information is required.
(4) Submittal of additional information.
(a) For an application deemed incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness for resubmitted materials shall occur.
(b) The additional required information shall be submitted in writing.
(B) Referral of application. Within ten days of accepting a complete application, the Community Development Director shall forward an application for a tentative map to the City Engineer, the Board of Public Utilities, the Fire Chief and such other city departments or other public agencies as may be affected or concerned with the results of the proposed subdivision.
(C) Staff report. A staff report for a proposed tentative map shall be prepared in the following manner.
(1) City Engineer evaluation. The City Engineer shall provide the Community Development Director with a written report to the Planning Commission, as to whether the application conforms to the provisions of this title and the Map Act.
(2) Community Development Director recommendation. The Community Development Director shall make a recommendation as to whether the application should be approved, conditionally approved, or denied.
(3) Report. The Community Development Director shall provide a written report to the Planning Commission, incorporating the City Engineer's report, affected department(s) considerations and comments, and the Community Development Director's recommendation.
(4) Distribution. The staff report shall be furnished to the applicant at the same time it is provided to the Planning Commission, but always at least three days prior to a hearing or action on the map.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.200 Environmental review.
(A) CEQA review. After acceptance of a complete application, the Community Development Director shall review the project for compliance with the California Environmental Quality Act (CEQA) to determine whether:
(1) The proposed project is not a project as defined by CEQA;
(2) The proposed project is exempt consistent with CEQA;
(3) A Negative Declaration may be issued;
(4) A Mitigated Negative Declaration may be issued; or
(5) An Environmental Impact Report (EIR) is required.
(B) Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and any adopted City CEQA Guidelines.
(C) Costs. The applicant shall be responsible for payment of all costs associated with CEQA compliance.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.210 Public notice and hearing.
(A) General.
(1) A noticed public hearing is required for the approval of a tentative map.
(2) The hearing body shall be the Planning Commission for a tentative subdivision map and the Parcel Map Committee for a tentative parcel map.
(B) Scheduling of the hearing. A public hearing for a tentative map shall be scheduled after the preliminary finding of exemption from CEQA or certification of an EIR or Negative Declaration.
(C) Noticing. Notice of the public hearing shall be given in compliance with § 8.24.080 (Public Notice).
(Ord. 15-12, passed 12-15-2015)
§ 8.24.220 Findings.
The Planning Commission or Parcel Map Committee may approve an application for a tentative map only if all of the following findings can be made:
(A) Consistency with plans. The proposed subdivision and its design and improvements are consistent with the General Plan and any applicable specific plans.
(B) Consistency with Zoning Ordinance. The proposed subdivision is consistent with the Zoning Ordinance and other applicable city ordinances, or a variance has been granted.
(C) Suitability. The site is physically suitable for the proposed type and density of development.
(D) Environmental impacts. The proposed subdivision and its design and improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
(E) Wastewater. The discharge of waste from the proposed subdivision into a community sewer system will not result in violation of existing requirements prescribed by a California Regional Water Quality Control Board Cal. Water Code Division 7, commencing with § 8000.
(F) Water service. The review of the City Engineer indicates that there is sufficient water to provide for the residents of the subdivision. For residential subdivisions of more than 500 dwelling units, the subdivision shall be served by adequate water supply as required by Cal. Gov't Code § 66473.7.
(G) Soils and geology. There are no adverse soil or geological conditions, according to a preliminary soils report or geological hazard report, or the applicant has demonstrated to the city's satisfaction that any adverse conditions can be corrected.
(H) Public health. The proposed subdivision and its design and improvements will not cause serious public health problems.
(I) Easements. The design of the subdivision and the type of improvements will not conflict with public easements for access through or the proposed subdivision. However, the Planning Commission or Parcel Map Committee may grant an exception to this requirement if equivalent alternative public access is provided.
(J) Environmental documentation. The environmental review documentation is adequate and conforms to the requirements of CEQA.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.230 Conditions of approval.
The Planning Commission or Parcel Map Committee may attach conditions to the approval of a tentative map as needed to ensure:
(A) Compliance with the Zoning Ordinance (Title 10), other city ordinances, the General Plan, any applicable specific plans, and the Map Act.
(B) Adequate provision of public services and utilities.
(C) Accessibility and connection to existing roads.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.240 Notice to applicant.
(A) The Community Development Director shall report the action of the Planning Commission or Parcel Map Committee in writing to the applicant within five days after action by the body.
(B) If the tentative map was conditionally approved, all such conditions shall be identified in writing and returned to the applicant.
(C) If the tentative map is denied, the Community Development Director shall identify the reasons in writing to the applicant.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.250 Expiration of maps.
(A) Timing of expiration. A tentative map approval expires after 24 months except where an extension of time is approved as allowed by § 8.24.260 (Extensions).
(B) Effect of expiration. The expiration of a tentative map terminates all subdivision proceedings; no parcel map or final subdivision map may be filed without first processing a new tentative map.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.260 Extensions.
(A) Automatic extensions.
(1) Phased final maps. Each time a phased final map is filed before a tentative map expires, the life of the tentative map is extended for 36 months from the later of (1) the date of the tentative map's expiration; or (2) the date of the previously filed final map. To qualify for this extension, the following two conditions must be met:
(a) The subdivider is authorized to file final maps (Map Act, Cal. Gov't Code § 66456.1); and
(b) The subdivider expends a specified minimum amount on public improvements outside the tentative subdivision map boundary (Map Act, Cal. Gov't Code § 66452.6(a)(1)).
(2) Statutory extensions. The life of a tentative map may be subject to an additional automatic extensions pursuant to Map Act, Cal . Gov't Code §§ 66452.11, 66452.21, 66452.22, 66452.23, and 66452.24.
(3) Development moratoria. The life of a tentative map does not include periods of time during which a development moratorium is in effect after the approval of the tentative map, up to a maximum of five years. Development moratoria include a water and/or sewer moratorium, as well as any action by the city that regulate land use and development.
(4) Community Development Director approval. Automatic extensions allowed by this section shall be approved by the Community Development Director.
(B) Development agreements. The life of a tentative map subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement.
(C) Discretionary extensions.
(1) Maximum extension. A subdivider may request city approval of an extension to the life of a tentative map up to a maximum of time as authorized in the Map Act, Cal. Gov't Code § 66452.6.
(2) Review authority. The review authority for requested extension shall be the same as for the original approval (i.e., Parcel Map Committee for parcel map extension and Planning Commission for tentative subdivision map extension).
(3) Application filing.
(a) The subdivider shall file an application for extension at least 30 days before the expiration date and shall state the reasons for requesting the extension.
(b) Once the application for a tentative map is timely filed, the map is automatically extended for 60 days or until the city acts on the extension, whichever occurs first.
(c) The city may approve an application to extend a tentative map after the automatic 60-day extension period has expired, so long as the application itself was filed at least 30 days before the original expiration date.
(4) Application review.
(a) The Community Development Director shall review each request for extension before it is accepted as complete and officially filed.
(b) The Community Development Director shall provide a written report to the Planning Commission or Parcel Map Committee as to whether the request should be approved, conditionally approved, or denied.
(5) Public notice and hearing. The Planning Commission or Parcel Map Committee shall hold a noticed public hearing to consider the requested extension in compliance with § 8.24.080 (Public Notice).
(6) Findings. The Planning Commission or Parcel Map Committee may approve an extension only if all of the following findings can be made:
(a) The portions of the General Plan, specific plans, the Zoning Ordinance, and other ordinances of the City of Tulare applicable to the subdivision have not changed.
(b) The character of the site and its surroundings that affect the applicability of the General Plan, specific plans, the Zoning Ordinance, and other ordinances of the City of Tulare has not changed.
(c) The capacity of public services, utilities, and roads serving the project has not decreased.
(7) Conditions of approval. As a condition of the extension of a tentative subdivision map, the Planning Commission or Parcel Map Committee may impose new conditions, or revise existing conditions, on the approved tentative subdivision map.
(D Litigation. A subdivider may request an extension to the life of a tentative subdivision map during the time a lawsuit against the city is pending. If approved, the city may extend the life of the map consistent with the Map Act. The process to request and act on such an extension is as specified in division (C) (Discretionary extensions) above.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.270 Amendments.
(A) Minor revisions. A subdivider may request minor changes or amendments to an approved tentative parcel map or tentative subdivision map or its conditions of approval before a parcel or final subdivision map is filed with the County Recorder.
(B) Minor revisions defined. MINOR REVISIONS means changes to an approved parcel map or tentative subdivisions map that:
(1) Does not add any lots, units, or building sites;
(2) Is consistent with the intent and spirit of the original map approval; and
(3) Does not conflict with any policies, ordinances, or resolutions of the city.
(C) Other revisions. All proposed changes or amendments other than minor revisions as defined in this section require the filing and processing of a new tentative parcel map or tentative subdivision map in compliance with this chapter.
(D) Application. The subdivider shall file an application and filing fee, in compliance with the Planning Fee Schedule, with the Community Development Director, using the forms furnished by the Community Development Director, together with the following additional information:
(1) A statement identifying the tentative parcel map or tentative subdivision map number, the changes requested, the reasons why the changes are requested, and any facts that justify the changes.
(2) Any additional information deemed necessary by the Community Development Director.
(E) Processing of application. Proposed changes shall be processed using the same procedures as the original parcel map or tentative subdivision map, except as otherwise provided by this section.
(F) Review authority. The review authority for requested changes shall be the same as for the original approval (i.e., Parcel Map Committee for parcel map amendments and Planning Commission for tentative subdivision map amendments).
(G) Criteria for approval. The review authority may approve requested changes if:
(1) The findings made to approve the original parcel map or tentative subdivision map remain valid.
(2) The amendments comply with the definition of a minor revisions in division (B) above.
(H) Effect of changes on time limits. Approved changes to a parcel map or tentative subdivision map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits provided by § 8.24.260 (Extensions), nor extend any rights in compliance with a vesting tentative map.
(I) Certification of amendments. Minor changes or amendments shall be indicated on the approved map and certified by the Community Development Director and City Engineer.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.280 Appeals.
The action of the Planning Commission or Parcel Map Committee on a tentative map may be appealed in compliance with § 8.24.080 of this chapter.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.290 Vesting tentative map.
(A) Function. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the city's ordinance, policies, and standards in effect at the time the vesting tentative map application is deemed complete.
(B) When allowed. Whenever this chapter or the Map Act requires that a tentative map be filed, a vesting tentative map may instead be filed.
(C) Procedures; general. The process for application and city review and action on a vesting tentative map is the same as for a tentative map except as otherwise provided in this chapter or in the Map Act.
(D) Preliminary conference.
(1) During the preliminary conference for the vesting tentative map, city staff shall identify any additional informational items which shall be filed with the vesting tentative map to enable the city to adequately examine the vested rights being requested.
(2) Following the preliminary conference city staff shall submit to the applicant a written letter identifying additional requested information.
(E) Identification. At the time a vesting tentative subdivision map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Subdivision Map" or "Vesting Tentative Parcel Map."
(F) Noted inconsistencies. If the vesting tentative map is for a subdivision whose intended development is inconsistent with the Zoning Ordinance, this inconsistency shall be noted on the vesting tentative subdivision map.
(G) Duration. The rights conferred by a vesting tentative map last for a period of two years after the recording of the final subdivision map. This period may be extended by the city as allowed by Map Act, Cal. Gov't Code § 66498.5(c).
(H) Amendments. If the city changes any ordinances, policies, or standards following the approval of a vesting tentative map, the subdivider may at any time prior to the map's expiration apply for an amendment to the map to secure a vested right to proceed with the amended ordinances, policies, or standards.
(I) Expiration of rights. The rights conferred by an approved vesting tentative map shall expire if a final subdivision map or parcel map is not recorded prior to the expiration of the vesting tentative map.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.300 Purpose of final subdivision maps and parcel maps.
Final subdivision maps and parcel maps are the legal means by which property is subdivided and are required to establish a legal building site. Final subdivision maps are submitted to the city after approval of a tentative subdivision map. Parcel maps are submitted to the city after approval of a tentative parcel map.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.310 Basic requirements.
(A) Compliance with Map Act. Final subdivision maps and parcel maps shall be filed and processed in accordance with the Map Act and this chapter.
(B) Consistency. Land shall be subdivided and developed only for purposes that are consistent with the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare.
(C) Tentative map requirement.
(1) The approval of a tentative subdivision map is required prior to the submission of a final subdivision map.
(2) The approval of a tentative parcel map is required prior to the submission of a parcel map, except when the tentative parcel map requirement is waived pursuant to § 8.24.150.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.320 Form and contents of final subdivision map and parcel map.
(A) General.
(1) Final subdivision maps and parcel maps shall be based on a survey and shall conform to Map Act, Cal. Gov't Code § 66434 and any additional requirements of the City Engineer.
(2) Final subdivision maps and parcel maps shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the State of California. The California registration number of a registered civil engineer shall be 33965 or lower, pre-January 1982.
(3) The City Engineer may waive a requirement of this section regarding map contents and accompanying information if the City Engineer finds that the requirement is not applicable to the subdivision.
(B) Map form. The form of final subdivision maps and parcel maps shall comply with the following requirements:
(1) The map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black of tracing cloth or polyester base film.
(2) If ink is used on polyester base film, the ink surface shall be treated with a suitable substance to assure permanent legibility.
(3) The size of each sheet shall be 18 inches by 26 inches.
(4) All dimensions shall be in feet and decimals of a foot.
(5) Marginal lines shall be drawn completely around each sheet, leaving an entirely blank margin of one inch.
(6) The exterior boundary of the land included within the subdivision shall be clearly indicated by distinctive symbols.
(7) The scale of the map shall be large enough to show all details clearly.
(8) Each sheet shall be numbered, the relation of one sheet to another clearly shown, and the total number of sheets shall be shown on each sheet.
(9) The tract number or name, scale and north arrow shall be shown on each sheet.
(C) Title sheet. The final subdivision map and parcel map shall include a title sheet with the following:
(1) The tract number or tract name of the subdivision.
(2) A general description of all property being subdivided by reference to subdivision or to sectional surveys. References to subdivisions shall be worded identically with original records, with references to the books and pages if the subdivisions are recorded.
(3) Affidavits, certificates, acknowledgments, endorsement, acceptance of dedication and notarial seals required by this chapter or the Map Act.
(4) The basis of bearings.
(5) A key map showing the proposed subdivision and surrounding subdivisions and streets located within one-quarter mile radius of the boundaries of the proposed subdivision.
(D) Map specifics. Final subdivision maps and parcel maps shall contain the following information:
(1) All survey and mathematical information and data necessary to locate or retrace all monuments; interior and exterior boundary lines; bearings and distances of straight lines; radii, arc lengths, chord bearings and lengths for all curves; the centers of curves; and ties to existing monuments.
(2) The locations and names of streets.
(3) The locations and widths of pedestrian ways and bicycle paths.
(4) The location, size, and dimensions of public areas.
(5) The widths and side lines of all easements. If the easement is not definitely located and of record, a statement as to the easement shall appear on the title sheet. Easements shall be clearly labeled and identified and if already of record, precise reference to the records given. Easements being dedicated shall be identified in the certificate of dedication.
(6) Locations and widths of drainage channels.
(7) Location of selected flood lines and proposed flood control works.
(8) Locations and widths of railroad rights-of-way.
(9) Waivers of rights of access to and from streets and lots and other parcels of land.
(10) Locations and widths of lots to be conveyed to the city.
(11) Locations, widths and names of streets, alleys and pedestrian ways adjacent to the subdivision.
(12) The net dimensions of each lot. No ditto marks may be used. Sufficient data shall be shown to determine readily the bearing and length of each lot line. On lots containing one acre or more, the final map shall show net acreage to the nearest one-tenth of an acre.
(13) All lots numbered consecutively, commencing with the number "1" with no omissions or duplications, except for those lots to be conveyed for public use, which shall be lettered consecutively, commencing with the letter "A".
(14) Suitable primary survey control points including section corners and monuments existing outside of the proposed subdivision.
(15) The location of all permanent monuments within the proposed subdivision.
(16) Ties to and names of adjacent subdivisions.
(17) If a soil report has been required, this fact shall be noted on the map, together with the date of the report and the name of the engineer making the report.
(18) All dimensions shall be in feet and decimals of a foot.
(19) If the map includes a designated remainder and the gross area is five acres or more, that remainder need not be shown on the map but only by deed reference.
(E) Certificates. Map title pages shall contain the following certificates as required by Map Act, Cal. Gov't Code §§ 66435 - 66443. Forms for certificates shall be provided by the City Engineer. The certificates may be combined when approved by the City Engineer.
(1) A certificate, signed and acknowledged by all parties having any record title or interest in the real property subdivided, consenting to the preparation and recordation of the map.
(2) A certificate, signed and acknowledged by all parties having any record title or interest in the land subdivided, offering for dedication rights of access to and from prescribed streets, lots, and parcels of land.
(3) A certificate of the registered civil engineer or licensed land surveyor who prepared the survey and the map.
(4) A certificate for execution by the Community Development Director.
(5) A certificate for execution by the City Engineer and City Surveyor, if applicable.
(6) A certificate for execution by the County Recorder.
(7) Certificate of acceptance of dedication.
(8) Certificate for the construction of off-site and on-site improvements.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.330 Procedures for approval.
(A) Timing. Final subdivision maps and parcel maps shall be filed with the City Engineer before the tentative map expires. The expiration of the tentative map terminates all proceedings, and no final map can be filed without first processing a new tentative map.
(B) Submittal materials. One original tracing and two copies of a final subdivision map or parcel map shall be submitted to the City Engineer together with the following materials:
(1) All filing fees as required by the city's adopted fee schedule.
(2) Title report with Guarantee of Title.
(3) Guarantee of title.
(4) Improvement agreement consistent with § 8.24.510 (Improvement agreements) if required public improvements are not completed prior to approval of a final map or deferred.
(5) A soil report prepared by a registered civil engineer describing soil characteristics, soil suitability and shrink-swell characteristics for roads and buildings, depth of bedrock and other soil limitations.
(6) A hydrology report prepared by a registered civil engineer describing site drainage characteristics, surface runoff, and conditions of water table, if required.
(7) Deeds for existing easements or rights-of-way.
(8) Declarations of covenants, conditions, and restrictions and any other governing documents.
(9) Evidence satisfactory to the City Engineer that public utility companies can adequately serve the area.
(10) Traverse sheets showing closures of exterior boundaries of the subdivision, all interior streets, and lots.
(C) City Engineer review.
(1) The City Engineer, in consultation with the Community Development Director, shall review the map for conformance with the approved tentative subdivision map, conditions of approval, and all applicable requirements of this chapter and the Map Act.
(2) The subdivider shall make corrections and additions until the map is acceptable to the City Engineer.
(D) Final subdivision map approval.
(1) The City Council shall conduct a noticed public hearing to consider approval of a final subdivision map within 45 days of its certification by the City Engineer.
(2) The City Council shall approve the final subdivision map if it complies with all requirements of this chapter and the Map Act. At the time of approval, the City Council shall also accept or reject any offers of dedication.
(3) City Council disapproval of a final map shall be accompanied by a finding that identifies the conditions that have not been met.
(E) Final parcel map approval.
(1) Final parcel maps that do not include dedications or improvement agreements may be approved by the City Engineer.
(2) The City Engineer may also accept or reject dedications and offers of dedications that are made by a statement on the map.
(F) Condominium, stock cooperatives, and community apartment conversions. Before the City Council may approve a final map for a condominium, stock cooperatives, and community apartment conversion, the City Council shall make a finding that each tenant has received all notices and rights as specified in Cal. Gov't Code § 66427.1.
(G) Recordation. After the city approves a final subdivision map or parcel map, the City Engineer shall transmit the map to the County Recorder. The final subdivision map or parcel map becomes valid and goes into effect after it is filed by the County Recorder.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.340 Phasing of final maps.
(A) When permitted. Multiple final subdivision maps relating to an approved tentative subdivision map may be filed if:
(1) The subdivider states in the tentative map application the subdivided intention to file multiple final maps; or
(2) After filing of the tentative map, the Planning Commission and the subdivider agree to the filing of multiple final maps subject to revised conditions of approval.
(B) Separate subdivision numbers. Each final subdivision map which constitutes a part of the approved tentative subdivision map shall have a separate subdivision number.
(C) Improvement agreements. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to ensure a logical and orderly development of the whole subdivision.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.350 Survey and monuments.
(A) Survey required.
(1) Final subdivision maps and parcel maps shall be based upon a complete and accurate survey of the land to be subdivided prepared by a California- registered civil engineer or land surveyor.
(2) All found monuments, property lines, centerlines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey.
(B) Monuments required.
(1) At the time of making the survey for a final subdivision map or parcel map, the engineer or surveyor shall set sufficient, durable monuments which conform with Cal. Business and Professions Code § 8771 so that another engineer or surveyor may readily retrace the survey.
(2) Prior to recording final subdivision maps and parcel maps, at least one exterior boundary line shall be identified by a monument.
(3) Additional monuments shall be set as required by the City Engineer.
(4) Interior monuments need not be set at the time the map is recorded, if both the following are true:
(a) The engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date.
(b) The applicant furnishes to the City Engineer security guaranteeing the payment of the cost of setting such monuments.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.360 Corrections and amendments.
If agreed upon by the City Engineer, a recorded final subdivision map or parcel map may be amended to correct errors and omissions in the map or to reflect changed circumstances subsequent to map approval. Amendments may be requested using an amendment map or a certificate of corrections and shall be approved by either the City Engineer or the Planning Commission depending on the nature of the amendments. Amendments shall be reviewed and approved in a manner consistent with this section and Cal. Gov't Code § 66469 or 66472.1.
(A) General. The following applies to requested amendments reviewed by both the City Engineer and the City Council.
(1) Amending maps shall conform to the requirements of § 8.24.320 (Form and contents of final subdivision map and parcel map).
(2) Amending maps and certificates of correction shall identify the corrections made, the names of the property owner affected by the correction or amendment, and the date of the filing or recording of the original map.
(3) Amending maps and certificates of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor.
(4) Requested amendments may not impose any additional burden on the property owners and may not alter any right, title, or interest in the property reflected on the recorded map.
(B) Amendments allowed with City Engineer approval. The City Engineer may approve map amendments to correct for errors and omissions as specified in Cal. Gov't Code § 66469.
(1) Within 20 working days of receiving an amending map or certificate, the City Engineer shall review the submittal for compliance with the requirements of this section.
(2) If the certificate complies, the City Engineer shall endorse a statement on it of examination and certification, and present it to the County Recorder for recordation.
(3) If an amending map or certificate fails to comply with the requirements of this section, the City Engineer shall notify the applicant in writing of the changes needed for compliance,
(4) Within ten working days of receiving a revised amending map or certificate, the City Engineer shall review the revised submittal for compliance.
(5) Once the amending map or certificate is in compliance, the City Engineer shall present it to the County Recorder for recordation.
(C) Amendments requiring City Council approval. Map amendments to reflect changed circumstances that make map conditions no longer necessary or appropriate may be approved by the City Council in a manner consistent with this section and Cal. Gov't Code § 66472.1.
(1) Within 30 days of receiving an amending map or certificate, the City Engineer shall examine the certificate of correction for compliance with the requirements of this section.
(2) After the application is deemed complete and a CEQA determination has been made, the requested amendments shall be scheduled for review by the City Council at a noticed public hearing.
(3) The City Council may approve the requested amendment if all of the following findings can be made:
(a) There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary.
(b) The modifications do not impose any additional burden on the property owners.
(c) The modifications do not alter any right, title, or interest in the property
(d) The map as modified conforms to Cal. Gov't Code § 66474.
(4) The City Council shall confine the hearing to consideration of, and action on, the proposed modification.
(D) Recording.
(1) The certified amending map or certificate of correction shall be filed or recorded in the office of the County Recorder.
(2) After accepted and indexed by the County Recorder, the original map shall be deemed to have been conclusively corrected.
(E) Amendment of an approved subdivision.
(1) If an applicant wishes to amend a recorded final subdivision map or parcel map in a manner that affects a property right, the applicant must file a new tentative map or new parcel map if no tentative map is required, in compliance with this title.
(2) New maps are also required for amendments to the characteristics of an approved subdivision including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.370 Purpose.
The purpose of this subchapter on other subdivision procedures is to provide a process for lot line adjustments, lot mergers, map corrections and amendments, and reversions to acreage.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.380 Lot line adjustments.
(A) Purpose. This section provides a process for the legal adjustment of property lines that do not create new lots, pursuant to Cal. Gov't Code § 66412(d).
(B) When allowed. Lot line adjustments processed under this section are allowed only when:
(1) The lot line adjustment involves a maximum of four lots;
(2) The land taken from one lot is added to an adjoining lot; and
(3) A greater number of lots than originally existed is not created.
(C) Review authority.
(1) General. The Parcel Map Committee shall take action on all lot line adjustment applications not requiring a variance.
(2) Variance required. The Planning Commission shall take action on all lot line adjustment applications requiring a variance.
(D) Application submittal.
(1) Initiation. An applicant may initiate a lot line adjustment by submitting an application to the Community Development Director.
(2) Required form. An application for a lot line adjustment shall be on a form approved by the Community Development Director.
(3) Application contents. The application shall include at a minimum:
(a) A legal description of the existing lots.
(b) A preliminary title report for the existing lots.
(c) A legal description of the resulting adjusted lots.
(d) A map of the existing lots, the proposed adjustment, and all structures located on the lots.
(4) Preparer of map. The map of the proposed adjustment shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the State of California. The California registration number of a registered civil engineer shall be 33965 or lower, pre-January 1982.
(5) Survey. The Community Development Director or City Engineer may require a survey of the properties involved if the city finds the survey necessary to provide an adequate description of the subject properties.
(6) Fees. The application shall be subject to the fees as set forth in the City of Tulare's Planning Fee Schedule.
(E) Application review.
(1) Initial review. The Community Development Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed.
(2) Basis for determination. The Community Development Director acceptance shall be based on full compliance with the provisions of the Map Act and this chapter.
(3) Notification of applicant. Within 30 calendar days of application acceptance, the Community Development Director shall inform the applicant in writing that the application is complete and has been accepted for processing or that the application is incomplete and additional information is required.
(4) Review of complete application. The Community Development Director, in consultation with the City Engineer, shall review the complete application to verify compliance with the requirements of this chapter, the Map Act, the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare.
(F) Meetings and hearing to act on application.
(1) Scheduling. Meetings to take action on a proposed lot line adjustment shall be scheduled after the preliminary finding of exemption from CEQA or certification of an EIR or Negative Declaration.
(2) General. For lot line adjustments not requiring a variance, the Parcel Map Committee shall meet to review and take action on the application. No public notice is required.
(3) Variance required. For a lot line adjustment requiring a variance, the application shall be considered by the Planning Commission at a noticed public hearing in compliance with Tulare Municipal Code, Chapter 10.16 (Public Hearings) of the Zoning Code.
(G) Criteria for decision. The review authority shall approve a lot line adjustment application if all of the following findings can be made:
(1) The proposed lot line adjustment complies with all requirements of this chapter and the Map Act.
(2) The resulting lots are consistent with the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare.
(H) Conditions of approval. The review authority may attach conditions to the approval of a lot line adjustment only for the following reasons:
(1) To ensure compliance the requirements of the California Environmental Quality Act (CEQA), the General Plan, any applicable specific plans, the Zoning Ordinance, and other ordinances of the City of Tulare.
(2) To require the prepayment of real property taxes prior to the approval of the lot line adjustment.
(3) To facilitate the relocation of existing utilities, infrastructure, or easements.
(I) Appeals. The determination of the review authority may be appealed in compliance with § 8.24.080 of this chapter.
(J) Recordation. The lot line adjustment shall be reflected in a deed, which shall be filed by the Applicant with the County Recorder.
(1) Expiration. A lot line adjustment approval shall be valid for one year from the date of approval. If the adjustment lots are not recorded within that one-year period, the approval shall expire.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.390 Voluntary lot mergers.
(A) Purpose. This section provides a process for the voluntary merger of contiguous lots under common ownership in compliance with Cal. Gov't Code §§ 66451.10 through 66.451.33. Voluntary mergers may also occur by filing a parcel map or final subdivision map, which has the effect of creating a new subdivision.
(B) When allowed. Lot mergers processed under this section are allowed only when one or more of the following apply:
(1) The lots are contiguous and held by the same owner.
(2) One of the lots does not conform to the minimum lot size standard specified in the Zoning Ordinance.
(3) One of the lots does not contain a structure for which a building permit is required, or contains only an accessory structure.
(4) At least one of the lots meet one or more of the requirements specified in Cal. Gov't Code § 66451.11(b).
(C) Review authority. The Parcel Map Committee shall take action on all voluntary parcel map merger applications.
(D) Application submittal.
(1) Initiation. An applicant may initiate a voluntary lot merger by submitting an application to the Community Development Director.
(2) Required form. An application for a lot merger shall be on a form approved by the Community Development Director.
(3) Application contents. The application shall include at a minimum:
(a) A legal description of the existing lots.
(b) A preliminary title report for the existing lots.
(c) A legal description of the resulting merged lots.
(d) A map of the existing lots, the proposed merged lots, and all structures located on the lots.
(4) Preparer of map. The map of the proposed merger shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the State of California. The California registration number of a registered civil engineer shall be 33965 or lower, pre-January 1982.
(5) Survey. The Community Development Director or City Engineer may require a survey of the properties involved if the city finds the survey necessary to provide an adequate description of the subject properties.
(6) Fees. The application shall be subject to the fees as set forth in the City of Tulare's Planning Fee Schedule.
(E) Application review.
(1) Initial review. The Community Development Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed.
(2) Basis for determination. The Community Development Director acceptance shall be based on full compliance with the provisions of the Map Act and this chapter.
(3) Notification of applicant. Within 30 calendar days of application acceptance, the Community Development Director shall inform the applicant in writing that the application is complete and has been accepted for processing or that the application is incomplete and additional information is required.
(4) Review of complete application. The Community Development Director, in consultation with the City Engineer, shall review the complete application to verify compliance with the requirements of this title, the Map Act, the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare.
(F) Public notice and hearing.
(1) No public hearing is required for a voluntary lot merger unless requested by the applicant.
(2) If a hearing is requested, notice of the public hearing shall be given in compliance with § 8.24.070 (Public Notice).
(G) Criteria for decision. The Parcel Map Committee shall approve a lot merger application if all of the following findings can be made:
(1) The proposed lot merger complies with all requirements of this chapter and the Map Act.
(2) The resulting lots are consistent with the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare.
(H) Conditions of approval. The Parcel Map Committee may attach conditions to the approval of a lot line to ensure compliance the requirements of the California Environmental Quality Act (CEQA), the General Plan, any applicable specific plans, the Zoning Ordinance, and other ordinances of the City of Tulare.
(I) Post-approval procedures.
(1) Appeals. The determination of the Parcel Map Committee may be appealed by the applicant in compliance with § 8.24.080 of this chapter.
(2) Recordation. After approval of a lot merger, the applicant shall file a notice of merger with the County Recorder describing the property and specifying the names of the record owners.
(3) Effective date. Mergers become effective once the notice of merger is filed for record with the County Recorder.
(J) Un-mergers. Any lot merged prior to January 1, 1984 for which there is no recorded notice of merger is deemed unmerged if:
(1) The lot is in compliance with the provisions of Cal. Gov't Code § 66451.30(a).
(2) The lot meets none of the conditions listed under Cal. Gov't Code 66451.30(b).
(Ord. 15-12, passed 12-15-2015)
§ 8.24.400 Mandatory lot mergers.
The city may require the merger of contiguous lots under single ownership if one of the lots does not conform to the minimum lot size to allow use or development in compliance with the Zoning Ordinance and if all of the requirements specified in Cal. Gov't Code § 66451.11(b) are met. In such a case, the procedures and requirements for a mandatory lot merger shall be as specified in Cal. Gov't Code §§ 66451.10 through 66451.33
(Ord. 15-12, passed 12-15-2015)
§ 8.24.410 Reversion to acreage.
(A) Purpose. This section provides a process for eliminating the subdivision of previously subdivided lots and returning them to their original configuration.
(B) Initiation. Applications may be initiated in one of two ways:
(1) Petition by owners of record. Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property.
(2) Petition by City Council resolution. The City Council, at the request of any person or on its own motion, may by resolution initiate proceedings to revert property to acreage. The City Council shall direct the Community Development Director to obtain the necessary information to initiate and conduct proceedings.
(C) Review authority. The Parcel Map Committee shall take action on all reversions to acreage.
(D) Application submittal.
(1) Required form. An application for a reversion to acreage shall be on a form approved by the Community Development Director.
(2) Application contents. The application shall include at a minimum:
(a) Evidence of title to the real property within the subdivision.
(b) A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion.
(c) Other information and materials as necessary to enable the Parcel Map Committee to make all of the determinations and findings as required by this section.
(3) Preparer of map. The final map for the reversion to acreage shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the State of California. The California registration number of a registered civil engineer shall be 33965 or lower, pre-January 1982.
(4) Fees. The application shall be subject to the fees as set forth in the City of Tulare's Planning Fee Schedule.
(5) Contents. The application for reversion to acreage shall include, at a minimum:
(a) Contents meeting the submittal requirements for a tentative map, as determined necessary by the Community Development Director.
(b) Evidence of title to the real property.
(c) A final map in the form prescribed by this title which delineates dedications that will not be vacated and dedications required as a condition to reversion.
(d) Evidence of one of the following:
1. The consent of all of the owners of interest in the property.
2. None of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later.
3. No lots shown on the final subdivision map or parcel map have been sold within five years from the date such final or parcel map was filed for record.
(6) Fees. The application shall be subject to a fee as set forth in the City of Tulare's Planning Fee Schedule.
(E) Application review.
(1) Initial review. The Community Development Director shall review a reversion to acreage application for completeness and accuracy before it is accepted as being complete and officially filed.
(2) Basis for determination. The Community Development Director acceptance shall be based on full compliance with the provisions of the Map Act and this chapter.
(3) Notification of applicant. Within 30 calendar days of application acceptance, the Community Development Director shall inform the applicant in writing that the application is complete and has been accepted for processing or that the application is incomplete and additional information is required.
(4) Review of complete application. The Community Development Director, in consultation with the City Engineer, shall review the complete application to verify compliance with the requirements of this chapter, the Map Act, the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare.
(F) Public notice and hearing.
(1) A noticed public hearing before the Parcel Map Committee is required for the approval of a reversion to acreage.
(2) Notice of the public hearing shall be given in compliance with § 8.24.080 (Public Notice).
(3) The public hearing shall be scheduled after the preliminary finding of exemption from CEQA or certification of an EIR or Negative Declaration.
(G) Findings. Subdivided property may be reverted to acreage only if the Parcel Map Committee finds that:
(1) Dedications, or offers of dedication, to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes.
(2) All of the following are true:
(a) All owners of an interest in the real property within the subdivision have consented to reversion.
(b) None of the improvements required to be made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, have been completed.
(c) No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.
(H) Conditions of approval. The Parcel Map Committee shall require the following as conditions of the reversion:
(1) Dedications or offers of dedication necessary for the purposes specified by city ordinance following reversion.
(2) Retention of all previously paid fees, deposits, or securities if necessary to accomplish the purposes of this chapter.
(I) Post-decision procedures.
(1) Appeals. The determination of the Parcel Map Committee may be appealed in compliance with § 8.24.080 of this chapter.
(2) Return of fees. Except as provided in elsewhere in this title, upon filing of the final map for reversion to acreage with the County Recorder, all unencumbered or unutilized fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Engineer.
(J) Effective date. A reversions to acreage becomes effective upon the final map being filed for record by the County Recorder.
(K) Alternatives procedures.
(1) For subdivisions of four or fewer contiguous lots with a single owner, a parcel map may be used to revert to acreage in compliance with Cal. Gov't Code § 66499.20.1.
(2) Subdivided lands may be merged and resubdivided without reverting to acreage by filing a new map over the old map in compliance with Cal. Gov't Code § 66499.20.1.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.420 General design standards.
(A) Applicability. The design of all subdivisions shall conform to the standards in this chapter, as well as the following:
(1) The latest edition of the Design Guidelines and Standard Drawings and Specifications in the office of the City Engineer.
(2) The applicable portions of the latest edition of the State of California, Department of Transportation Standard Specifications.
(3) The latest edition of the American Public Works Association Standard Specifications for Public Works Construction.
(B) Authority of the City Engineer. The City Engineer is authorized to approve improvement plans which comply with the adopted standards.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.430 Block design.
Block design shall conform to the Zoning Ordinance, the General Plan, any applicable specific plans, and the following:
(A) Length. Block length shall not exceed 1,000 feet between street centerlines, unless the previous adjacent layout or special conditions justify a variation from this requirement.
(B) Width. Block width shall be sufficient to permit the plotting of two tiers of lots of normal depth, typically at least 250 feet between street centerlines.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.440 Lot design.
Lot design shall conform to the Zoning Ordinance, the General Plan, any applicable specific plans, and the following:
(A) Dimensions.
(1) Minimum lot dimension. Minimum lot dimensions shall be as specified in the Zoning Ordinance.
(2) Key lots (flag lots). Key lots shall be avoided where possible and are subject to the approval of the Planning Commission or City Council.
(3) Sidelines. Sidelines of all lots shall be at right angles or radial to the centerline of the street, wherever feasible.
(B) Frontage.
(1) Each lot of land shall have the minimum lot frontage required by Zoning Ordinance on a public street, or a private street that provides a connection to a public street unless otherwise approved by variance.
(2) No double frontage lots shall be approved, except where necessary due to topographical conditions, the existence of a primary thoroughfare, arterial street, or other unique circumstances.
(C) Boundary. No lot shall be divided by a county, city, school district or any other taxing district boundary line.
(D) Easements. To the extent legally permissible, easements shall be dedicated by the subdivider for public utility use along all lot lines, where necessary, for the extension of sewer, storm drainage, flood control, water, or public utility lines.
(Ord. 15-12-2015)
§ 8.24.450 Street design and improvements.
The location, width, and alignment of streets shall conform to the General Plan and applicable specific plans, any applicable design guidelines adopted by the City Council, except where alternative standards are approved by the City Council. Streets shall be designed for the most advantageous development of the area in which the subdivision lies and for high connectivity with surrounding areas. Specific requirements shall be as follows:
(A) Street configuration.
(1) Width.
(a) The width of streets shall be per the latest edition of the Design Guidelines and Standard Drawings and Specifications in the office of the City Engineer.
(b) Street classifications shall be consistent with the General Plan Transportation and Circulation Element and any applicable specific plan.
(c) Part-width streets shall be permitted only on the periphery of a subdivision as required by the City Engineer and approved by the Planning Commission or City Council.
(d) Part-width streets shall contain a minimum of two 12-foot-wide travel lanes, one 8-foot-wide parking lane along project frontage, and a paved 4-foot shoulder.
(2) Centerlines.
(a) Existing or planned streets shall continue the centerlines of the existing streets as far as practical, in accordance with the City Design Guidelines and Standard Drawings and Specifications and as approved by the City Engineer.
(b) The centerlines shall be offset at least 150 feet if no extensions from existing centerlines exist.
(3) Connectivity. Street configuration shall provide maximum connectivity for pedestrians, bicycles, and vehicles within subdivisions.
(4) Private streets. New private streets are permitted only if they meet all of the following requirements:
(a) The Planning Commission or City Council determines that a private street system will not be a substantial detriment to adjoining properties, or to the properties served by the private street system, and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision.
(b) All private streets shall comply with the current edition of the City's Design Guidelines and Standard Drawings and Specifications in the office of the City Engineer.
(c) The subdivider shall establish provisions, approved by the City Engineer and City Attorney, for a homeowners' association or other organization to assume responsibility for the maintenance and ownership of private streets, alleys and their rights-of-way, including any trees and landscaping provided within the street and alley rights-of-way.
(d) The Planning Commission or City Council may require that a proposed private street be subject to an offer of dedication pursuant to Cal. Gov't Code § 66477.1.
(e) Public utilities within private streets shall require dedication of public utility easements for their maintenance.
(5) Alleys.
(a) Alleys shall be at least 20 feet in width.
(b) Alleys may be allowed in residential subdivisions when determined to be desirable by the Planning Commission or City Council for any of the following reasons:
1. The unusual size, shape or topographical character of the property to be subdivided.
2. The relationship to existing or proposed adjacent commercial, industrial, or high-density residential development or adjacent railroad or canal rights-of-way.
3. The need to maintain continuity of existing alleys where the property to be subdivided is located immediately between existing residential blocks where alleys are provided.
4. To improve traffic circulation or to reduce possible traffic conflicts.
5. To provide rear access to parking and reduce the visual impact of garages, and provided that the city will not be required to provide on-going maintenance.
6. To comply with street configuration requirements of this chapter.
(6) Sidewalks.
(a) Concrete sidewalks shall be installed on both sides of all streets.
(b) Sidewalk widths shall be in accordance with the General Plan, applicable specific plan, the latest edition of the city's Design Guidelines and Standard Drawings and Specifications in the office of the City Engineer, or as specified by the City Engineer.
(7) Cul-de-sacs or stubbed streets.
(a) The use of cul-de-sac or stubbed streets in residential subdivisions shall be minimized so as to meet the requirement for connectivity, above.
(b) Where cul-de-sacs or stubbed streets are used, they shall not exceed 500 feet in length.
(c) Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the property proposed for subdivision and the resulting stubbed streets may be approved within a dedicated easement.
(d) Cul-de-sacs shall be open at their end for pedestrian access whenever possible.
(e) The property line radius at the terminus of the cul-de-sac shall be designed so as to provide a uniform parkway width.
(f) Barriers shall be erected to the City of Tulare specifications, at the expense of the subdivider, at the ends of all stubbed streets.
(g) For stubbed streets more than one lot in length, a temporary turnaround having a minimum radius of 50 feet measured to the property line is required until the street is extended.
(8) Curved streets. The centerline curve radius on all streets shall conform to accepted engineering standards of design and shall be subject to the approval of the City Engineer.
(9) Grades. Street grades, longitudinal to the centerline, shall be not less than 0.2%. Any grade deviation shall be approved by the City Engineer.
(10) Intersections. Street intersections shall be as near to right angles as practicable.
(a) Where new streets intersect existing "tee" intersections, the new centerline shall align as closely as possible with that of the opposite street.
(b) At street intersections the block corners shall be rounded at the property line with a curve having a radius of not less than 20 feet.
(c) A greater curve radius may be required if streets intersect other than at right angles, or required by the City Engineer.
(11) Continuation of existing streets. Streets that are a continuation of streets on contiguous property shall be aligned to ensure that their centerlines coincide. In cases where straight continuations are not practical, such centerlines shall be continued by curves of appropriate radii.
(12) Traffic conflicts. When a subdivision lot fronts on any primary thoroughfare or arterial streets designated in the Transportation and Circulation Element of the General Plan, one or more of the following methods may be applied to lessen potential traffic conflicts:
(a) Frontage streets.
(b) Backing lot treatment.
(c) Common driveways.
(d) Driveway access onto alleys.
(e) Other suitable method approved by the Planning Commission or City Council.
(f) Access limitations.
(B) Street lighting.
(1) The subdivider shall provide and install street lights on all streets where required by the city.
(2) The lighting system shall be designed and constructed to city and serving public utility standards.
(C) Street names.
(1) All new streets, public or private, shall be named consistent with the City of Tulare Street Naming Policy. The names shall be chosen by the city, or the subdivider or developer, subject to the review and approval of the City Street Naming Committee.
(2) Street name signs shall be installed at intersections of all streets and highways, including private streets and at such other locations designated by the City Engineer.
(3) All street name signs shall conform to city standards.
(4) Proposed street names shall not duplicate or too closely approximate phonetically the names of any streets in the city or its immediate environs. Where streets are functional continuations of existing streets, the existing street name shall be used.
(5) All east-west streets shall be known as "Avenue"; all north-south streets shall be known as "Street"; all curvilinear or diagonal streets shall be known as "Drive"; very short or cul-de-sac streets shall be known as "Court," "Circle," or "Place."
(D) Median islands.
(1) Raised median islands shall be required in accordance with the provisions of the General Plan Transportation/Circulation Element, City Standards, and any applicable specific plans.
(2) Median islands shall be designed and constructed in accordance with city standards.
(3) Median islands shall be treated or landscaped and irrigated in conformance with the General Plan and City landscape standards.
(E) Monuments.
(1) Placement.
(a) Monuments shall generally be placed at the angle point on the exterior boundary lines of the tract, at the intersections of centerlines of streets, the beginning and ends of curves, points of reverse curvature, points of compound curvature along street centerlines, street bulb connections, and eccentric cul-de-sacs.
(b) Monuments may be placed on offset lines.
(2) Lot stakes.
(a) Lot stakes shall be set six inches below finished grade at property corners.
(b) Lot stakes shall be of iron pipe or rod, one-half inch in diameter and 18 inches in length.
(F) Ownership transfer or dedication.
(1) Existing private streets may be transferred or dedicated to the city only if sufficient funds are placed on deposit or repairs are made to ensure that the street meets the standards for streets set forth in this chapter and any other applicable requirements.
(2) The city may require the establishment of an assessment district for street and storm drain maintenance for any existing private street transferred or dedicated to the city.
(Ord. 2021-04, passed 12-21-2021; Ord. 15-12, passed 12-15-2015)
§ 8.24.460 Trees and landscaping.
This section provides regulations necessary to govern the installation, maintenance and preservation of trees. All subdivisions shall comply with the provisions of Chapter 8.32, Street Trees.
(A) Tree removal. Trees protected by Chapter 8.32
(Street Trees) of the Tulare Municipal Code shall require a permit prior to removal.
(B) Trees in right-of-way.
(1) Parkway trees and irrigation systems shall be provided and planted along all streets and highways.
(2) Trees shall be installed in the manner and shall conform to the size and species specified in the City Street Trees Master Plan and in compliance with the Chapter 8.32 (Street Trees) of the Tulare Municipal Code.
(3) In full-width sidewalks, tree wells shall be provided as required by city standards.
(C) Street tree and landscaping plan. The subdivider shall provide a master street tree and landscaping plan as part of the subdivision improvement plans. The plant species, planting methods, and planting locations shall conform to the specifications in § 8.32.050 (Street Tree Plan) of the Tulare Municipal Code and are subject to the approval of the Recreation and Parks Director.
(D) Responsibility. The responsibility for planting street trees and landscaping and financing their maintenance shall be as follows:
(1) The subdivider shall complete all street tree and landscape planting as part of the subdivision improvements.
(2) The subdivider shall submit security, subject to the approval of the City Engineer and City Attorney, for a period of one year following the completion and acceptance of the street tree and landscaping work in the sum equal to 10% of their actual construction cost and reasonable attorney fees, expert fees, and court costs.
(3) The subdivider shall agree to pay the city for all costs to maintain the trees and landscaping in a vigorous and thriving condition for a period of one year after completion, and as determined by the City Engineer.
(4) Maintenance costs shall be provided for by an assessment district and be based on the amounts specified in the most recent publication of the Annual Engineers Report for the Levy of Assessments for the Landscaping and Lighting Districts.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.470 Energy conservation.
(A) Passive heating and cooling.
(1) The subdivider shall provide for future passive or natural heating or cooling opportunities in the subdivision, to the extent that this can be accomplished within a reasonable period of time, given economic, environmental, social, and technological constraints.
(2) Examples of passive or natural heating opportunities in subdivision design include:
(a) Design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.
(b) Design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.
(B) Local considerations.
(1) In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, site contours, configuration of the lot to be divided, and other design and improvement requirements.
(2) Provision of passive or natural heating or cooling opportunities shall not result in reducing allowable densities or the percentage of a lot that may be occupied by a building or structure under applicable zoning regulations in effect at the time a tentative subdivision map or tentative parcel map is filed.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.480 Purpose.
(A) This chapter establishes standards for the design, construction, and installation of public improvements located within subdivisions.
(B) These standards are intended to implement the General Plan and protect the public health, safety, welfare, and aesthetics of the community.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.490 Applicability.
All subdivisions shall provide improvements required by this chapter and any additional improvements required by conditions of map approval.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.500 Improvement Requirements.
(A) General.
(1) Conformance. All subdivision improvements shall conform to city standard plans and specifications. This requirement applies to all public and private improvements and other public or private infrastructure.
(2) Exception. The City Engineer may allow deviations from the City Design Guidelines and Standard Drawings and Specifications pertaining to private subdivision improvements and infrastructure, except for private streets, which must comply with city standards.
(3) Filing. Copies of the City Design Guidelines and Standard Drawings and Specifications shall be maintained on file in the office of the City Engineer.
(4) Phased maps.
(a) Whenever a subdivider submits a final map for a fraction or portion of the area shown for subdivision on a tentative subdivision map or tentative parcel map, the subdivider shall prepare a master water, sewer, and storm drain plan for the complete map area.
(b) The subdivider shall submit the master water, sewer, and storm drain plan prepared by a registered civil engineer for review by the City Engineer at the time of the filing of the first phased map is submitted for any of the affected area.
(5) Submittals. The plans, profiles, and specifications of all improvements required by the provisions of this section shall be submitted to and approved by the City Engineer prior to the filing of the final subdivision map or parcel map.
(B) Public access. All streets, including alleys, shall be consistent with the Tulare Municipal Code, established city policy on street design and improvements and the following:
(1) All subdivided lots shall have access to a public or private street.
(2) The map shall clearly identify streets and alleys, and drainage, public utilities, and other public easements within the public right-of-way.
(3) Streets with no access at the end or at the boundary of subdivision shall be dedicated unconditionally to the city when required by the city.
(C) Street infrastructure. All street infrastructure shall be installed as required by the City Design Guidelines and Standard Drawings and Specifications.
(1) Street lighting. Street design shall include street lighting.
(2) Street trees. Each subdivider shall comply with all applicable sections of the Street Tree Planting ordinance.
(3) Signs. Street name signs, directional signs, warning signs, markers, barricades, regulatory signs, and other safety devices and public facilities shall be installed by the subdivider.
(D) Pedestrian and bicycle paths. Pedestrian ways and bicycle paths shall be improved per the City Design Guidelines and Standard Drawings and Specifications.
(1) The subdivider shall install sidewalks along all streets as required by the City of Tulare Public Improvement Standards.
(2) The subdivider shall construct bicycle paths and pedestrian ways within an approved subdivision in compliance with the Transportation and Circulation Element of the General Plan and any applicable specific plan.
(E) Transit facilities and railroad crossings. The subdivider shall provide a dedication or an irrevocable offer of dedication for local transit facilities to serve residents of the subdivision.
(1) Improvements. Improvements include but are not limited to bus turnouts, benches, shelters, landing pads, and other similar items.
(2) Railroad crossings.
(a) The subdivider shall provide improvements for all railroad crossings necessary to provide safe access to and circulation within the subdivision.
(b) All expense of railroad crossings shall be paid by the subdivider.
(c) The subdivider shall prepare all necessary documentation for railroad crossings, which includes, but is not limited to, all documents necessary for an application to the California Public Utilities Commission (CPUC) for the establishment and improvement of the crossing.
(F) Bridges, culverts, and major thoroughfares.
(1) General. Bridges, culverts, and other similar structures shall be installed for drainage, access, or public safety, as deemed necessary by the City Engineer.
(2) Placement. Bridges, structures, and culverts shall be placed at grades and shall be of design and size approved by the City Engineer.
(G) Storm drainage and flood control.
(1) Stormwater runoff from the subdivision shall be collected and conveyed by a storm drain system consistent with the City Design Guidelines and Standard Drawings and Specifications and approved by the City Engineer.
(2) The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in run-off attributed to the development.
(3) The location, size, and type of watercourses or drainage works, and all drainage of streets and other drainage works between streets, shall comply with city standards or as required by the City Engineer.
(4) The city may require the establishment of an assessment district to ensure the future maintenance of the storm drain system.
(5) Within selected flood lines, the subdivider shall comply with the requirements of the FEMA National Flood Insurance Program and the City Design Guidelines and Standard Drawings and Specifications as to the construction of all flood control works.
(H) Irrigation ditches and wells.
(1) Existing irrigation ditches within a subdivision shall be abandoned. Irrigation ditches that cannot be abandoned shall be placed in conduits or structures covered according to the plans and specifications of the City Engineer and the Tulare Irrigation District.
(2) Any abandoned well or existing well within a proposed subdivision shall be completely filled and capped as per the City Design Guidelines and Standard Drawings and Specifications.
(I) Grading.
(1) Subdivisions shall incorporate grading and erosion control measures consistent with city standards and approved by the City Engineer.
(2) All grading within the city shall employ the best available management practices, as determined by the City Engineer, to minimize airborne dust, erosion, sedimentation, and unnecessary grading.
(3) Grading and erosion control measures shall prevent sedimentation or damage to off-site properties.
(J) Sewage facilities.
(1) All sanitary sewer lines, appurtenances, and service connections shall be constructed or laid to the lines and grades approved by the City Engineer.
(2) Sanitary sewer lines shall be of the size and design as approved by the City Engineer.
(3) The subdivider shall install an approved sewer connection to the property line of each lot within the subdivided area and mark an "S" on the curb face so that it may be easily located.
(4) The subdivider shall be required to extend sewer lines at the subdivider's own expense from the nearest point of connection with existing city mains.
(K) Water supply system.
(1) Water mains shall be constructed to serve each lot within the subdivision and shall be of a size and design as approved by the City Engineer.
(2) The subdivider shall be required to extend water mains at the subdivider's own expense from the nearest point of connection with the existing city mains.
(L) Fire hydrants. The subdivider shall install fire hydrants, with their associated underground water pipes and appurtenances, of sizes and locations as required and approved by the City Engineer.
(M) Underground utilities and service lines.
(1) Utility lines, including but not limited to electric, communications, street lighting, and cable television, shall be placed underground.
(2) The subdivider is responsible for complying with the requirements of this section, in accordance with applicable tariffs of the respective service utilities as filed with the California Public Utilities Commission (CPUC), and shall make the necessary arrangements with the utility companies for the installation of the facilities.
(3) Appurtenances and associated equipment such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground with prior city approval.
(4) The above requirements do not apply to utility lines which do not provide service to the area being subdivided or to electric distribution and transmission lines with a capacity in excess of 66 kV.
(5) Subject to the City's Engineer's approval, where joint use poles are permitted to remain, all lines using the poles may remain in place. All service to individual lots shall be placed underground.
(6) Underground cables, conduit and conductors, and all materials and appurtenances necessary, shall be installed according to the City Design Guidelines and Standard Drawings and Specifications and the serving public utility company.
(N) Off-site improvements. Requirements for construction of off-site improvements shall be as provided in Cal. Gov't Code § 66462.5.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.510 Improvement Agreements.
(A) Purpose. This section establishes requirements for agreements between the city and a subdivider related to incomplete improvements, deferred improvements, and reimbursement for installed improvements.
(B) Incomplete improvements.
(1) Agreement required. When all improvements and conditions of approval required by this chapter and the California Subdivision Map Act ("Map Act") are not completed before the approval of the final subdivision map or parcel map, the subdivider shall enter into an agreement with the city to complete all of the required improvements and conditions within a specified time period.
(2) Preparation and approval. The agreement shall be prepared by the City Engineer, approved by the City Attorney, and executed by the subdivider.
(3) Agreement contents. The agreement shall be in a form acceptable to the City Attorney and City Council and subject to a deposit as established by the City Engineer. It shall include the following:
(a) A list of the improvements, dedications, and in-lieu fees, indicating those improvements that have not been constructed.
(b) A schedule for completing the improvements.
(c) Estimated cost of improvements.
(d) Types of security for faithful performance, labor and material, payment and maintenance.
(e) A requirement that the improvements be completed at the subdivider's expense.
(f) A subordination agreement signed by any person or entity that has any interest in the subdivision that may arise to a fee interest in the future.
(4) Repair and maintenance. The agreement shall provide the following information on repair and maintenance on improvements:
(a) A statement asserting that the subdivider shall repair any damage to a public street or any other public property or improvement, which results from or is incidental to, the construction of improvements by the subdivider in the subdivision for 12 months following approval of the agreement.
(b) A maintenance security or bond sufficient to insure maintenance and repairs of all improvements within the subdivision for a period of one year after acceptance of the improvements by the City Council.
(5) Recordance required. The executed improvement agreement shall be recorded in the office of the County Recorder and shall bind the subdivider's successors-in-interest.
(6) Development agreement. A development agreement may be used in lieu of, or in addition to, an improvement agreement, provided that it contains the provisions described in division (B) above at a minimum. Where public improvements are required, improvement plans, engineering calculations, and cost estimates shall be submitted and approved by the City Engineer prior to acceptance of a final subdivision map or parcel map for filing.
(C) Deferred improvement agreements. To the extent authorized by the Map Act, the city may allow subdivision improvements to be deferred until a later date. When deferment is allowed, the subdivider shall enter a deferred improvement agreement in a form acceptable to the City Engineer and City Attorney for installment of all deferred improvements at a specified later time. Deferred improvement agreements shall comply with the following requirements:
(1) The subdivider shall begin construction of improvements within 90 days of the receipt of the notice to proceed from the city, or as mutually agreed upon in writing.
(2) In the event of a default by the subdivider, the city is authorized to have construction done and charge the entire cost and expense to the subdivider, including interest from the date of notice of the cost and expense until paid. The interest rate shall be consistent with the requirements of Article 15, Section 1 of the California State Constitution.
(3) The city shall record the agreement with the County Recorder and shall constitute notice to all successors and assignees of title to the real property of the obligations specified in the agreement.
(4) The obligations under the agreement shall constitute a lien in a sufficient amount necessary to fully reimburse the city, including interest, subject to foreclosure in the event of a default in payment. The obligations under the agreement shall run with the property and constitute a lien against it.
(5) In the event of litigation caused by default of the subdivider, the subdivider agrees to pay all costs involved, including reasonable attorneys' fees. Those costs shall become a part of the lien against the real property.
(6) The construction of deferred improvements shall conform to this chapter and all applicable provisions of the Zoning Ordinance in effect at the time of construction.
(D) Reimbursement agreements. Any reimbursement agreement shall be prepared as described in Chapter 8.60 (Benefit Districts) and Chapter 8.64 (Oversized Construction Reimbursement). The subdivider may request reimbursements for installed improvements when the following conditions are met:
(1) Improvements are greater than minimum size required.
(2) Improvements contain supplemental capacity, length, number, or size for the benefit of property not within the subdivision.
(3) Improvements are to be dedicated to the public.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.520 Improvement security.
(A) General.
(1) The city shall require a subdivider to furnish a security for the completion of subdivision improvements consistent with this section and Cal. Gov't Code §§ 66499 et seq.
(2) The security shall be furnished to ensure the faithful performance of the terms of an improvement agreement, secure of payment for materials and labor, and provide guarantee and warranty for up to one year after completion of improvements.
(3) All improvement securities shall be reviewed and approved by the City Engineer and the City Attorney.
(B) Form and amount of security.
(1) Security may be provided through bonds, cash deposits, instruments of credit, a lien upon the property, or other form of security acceptable to the city.
(2) The amount of security shall not exceed the amounts specified in Cal. Gov't Code §§ 66499.3 and 66499.4.
(C) Release of improvement security.
(1) Performance security.
(a) For public improvements to be dedicated to the city, the city shall release a performance security only after accepting all completed improvements.
(b) For improvements that will not be dedicated to the city, the city shall release a performance security only after:
1. The subdivider submits certification by a registered civil engineer that the improvements have been constructed in accordance with the approved plans and specifications; and
2. The improvements pass any final inspections required by the city.
(c) Performance and payment security shall be released only upon receipt of any required maintenance or warranty agreements and security.
(d) The city may permit a partial release of performance security as work progresses consistent with Cal. Gov't Code § 66499.7.
(2) Payment bond. Release and reduction of a material and labor security shall be consistent with Cal. Gov't Code § 66499.7.
(3) Warranty security. The city shall release a warranty security upon:
(a) Satisfactory completion of the warranty period; and
(b) Correction of all deficiencies appearing on the warranty deficiency list for the subdivision.
(Ord. 15-12, passed 12-15-2015)
§ 8.24.530 Installation of improvements.
(A) Time of completion.
(1) General.
(a) The subdivider shall complete the improvements for a subdivision within 12 months from the recording of the final subdivision map or parcel map, unless an extension up to six months is requested and granted by the City Engineer.
(b) If the subdivider fails to complete the improvements within the specified time, the city may require the uncompleted improvements to be completed, and the parties executing the performance security shall be firmly bound for the payment of all costs.
(2) Extensions.
(a) The City Engineer may extend the completion date upon written request by the subdivider and the submittal of adequate evidence to justify the extension, at least 30 days before expiration of the subdivision improvement agreement.
(b) In passing upon a request for a subdivision improvement agreement extension, the city may require any of the following:
1. Revision of improvement plans to provide for current design and construction standards when required by the City Engineer.
2. Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer.
3. Increase of improvement securities in compliance with revised construction estimates.
4. Increase of inspection fees to reflect current construction costs. Inspection fees are not subject to decrease or refund.
5. The Council, as a condition of approval to extension, may impose additional requirements relating to the physical improvements, which would bring the project into compliance with current ordinances, policies, and standards.
(c) The subdivider shall pay the costs incurred by the city in processing the extension request and extension agreement.
(B) Acceptance.
(1) Inspection request. When all subdivision improvements have been completed, the subdivider shall request inspection in writing, and approval of all such subdivision improvements by the City Engineer.
(2) Recommendation and approval. Upon approval of the inspection, the City Engineer shall recommend to the City Council acceptance of the public subdivision improvements subject to the conditions of the executed improvement agreement, and the subdivider shall be relieved of all obligations for further maintenance and repairs of the improvements from and after the date or dates in acceptance and maintenance agreement.
(3) Final inspection of private improvements. The City Engineer shall provide final inspection and acceptance of private subdivision improvements and other private infrastructure prior to issuance of certificate of occupancy on any building permit on those lots within the subdivision.
(Ord. 15-12, passed 12-15-2015)