§ 16.32

The purpose of this chapter is to establish the dedications and reservations that may be imposed as a condition for approval of a tentative map.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

As a condition of approval for a proposed subdivision for which a tentative tract or parcel map is required by this chapter, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision, which are needed for vehicular, rail or bicycle transit; drainage casements; water, sewer, natural gas, electricity and cable television facility casements; sunlight, open space; scenic easements; and other public purpose easements of rights-of-way deemed necessary by the Planning Commission, upon recommendation by the City Engineer and/or Community Development Director.

B.

The Planning Commission may, pursuant to Section 66476 of the Subdivision Map Act, impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on the map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the waiver of direct access.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

Dedications or offers to dedicate interests in real property as described above, shall be made by certificate on a final map, pursuant to Section 66439 of the Subdivision Map Act, by certificate on a parcel map or by separate instrument pursuant to Section 66447 of the Subdivision Map Act.

B.

In addition, pursuant to Section 66476 of the Subdivision Map Act, the final or parcel map shall contain a certificate stating the approval or rejection of the dedications or offers of dedication, by the Planning Commission.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Pursuant to Section 66477 of the California Government Code (hereinafter, the "Quimby Act"), the subdivider shall be required to dedicate land, pay fees in lieu thereof, or pay and dedicate a combination of both, for park and/or recreational purposes, including open space purposes. The standards for land dedication or in-lieu fees are established in City Council per the most current ordinance, copies of which can be obtained from the City Clerk as a public record.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Pursuant to Section 66478 of the Subdivision Map Act, subdivider shall be required to dedicate land for an elementary school site. The standards and procedures for such dedication shall be established by the City Council.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

16.32.060 - Public use site dedication.

Pursuant to Section 66479 of the Subdivision Map Act, and subject to conditions subdivider shall be required to reserve specific sites for a park, recreational facility, police or fire station, library or other public use. The standards and procedures for such dedication shall be established by the City Council.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

16.32.070 - Fees for storm drainage and sanitary sewer off-site improvements.

A.

Pursuant to Section 66483 of the Subdivision Map Act and subject to conditions, subdivider shall pay fees for required storm drainage and sewer improvements. The City Council shall establish procedures and standards for determining the appropriate fees.

B.

In addition, pursuant to Section 66488 of the Subdivision Map Act, the City Council may establish benefit areas for drainage and sanitary sewer facilities and may impose a reasonable charge on properties within the benefit areas, which charges shall be paid to the city, or to the subdivider, through a reimbursement agreement.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

16.32.080 - Fees for bridges and major thoroughfares.

A.

Pursuant to Section 66484 of the Subdivision Map Act and subject to conditions, subdivider shall pay fees for purposes of defraying the actual or estimated cost of constructing bridges or other major thoroughfares. The City Council shall establish procedures and standards for determining the appropriate fees.

B.

In addition, pursuant to Section 66489 of the Subdivision Map Act, the City Council may establish benefit areas for bridges or major thoroughfares and may impose a reasonable charge on properties within the benefit areas, which charges shall be paid to the city, or to the subdivider, through a reimbursement agreement.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

16.32.090 - Fees for review of covenants, conditions and restrictions.

Following approval of the tentative map, the subdivider shall submit to the city for review and approval the covenants, conditions and restrictions as directed by the Planning Commission and prepared in accordance with the guidelines prepared by the City Attorney's office for such development projects. Each submission shall be accompanied by a review fee in accordance with Section 16.36.020 of this title. Covenants, conditions and restrictions that are returned by the city because they were not done in accordance with the guidelines, or do not contain all of the conditions of the Planning Commission shall pay a resubmittal fee based upon actual cost.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Chapter 16.34 - SUBDIVISION IMPROVEMENT REQUIREMENTS

16.34.010 - Purpose.

This chapter establish the subdivision improvements an applicant may be required to complete as a condition of approval, for the benefit of property owners, residents, commercial tenants and other stakeholders of the subdivision.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

16.34.020 - General requirements.

A.

The dedication, completion and/or upgrading of all abutting and/or affected public rights-of-way and onand off-site public improvements shall be required as a condition of all proposed developments.

B.

The entire contiguous property ownership on which the proposed development is placed shall be considered unless there is a defined and definite separation and change in land use.

C.

The applicant shall make all public improvements required in this or any other chapter of this title, prior to approval of final maps and parcel maps; lot line adjustments, lot mergers and reversion to acreage maps; or certificates of compliance; except when an undertaking agreement has been approved pursuant to Section 16.36.020 (Agreements and Security—Undertaking Agreements) of this title.

D.

Improvement work shall not be commenced until plans and specification therefor, prepared in accordance with approved standards, have been submitted to and approved by the City Engineer. Plans and specifications shall be required prior to approval of final maps and parcel maps; lot line adjustments, lot

mergers and reversion to acreage maps; or certificates of compliance; and shall become the property of the city.

E.

Pursuant to Section 66456.2 of the Subdivision Map Act, the city shall review and act upon improvement plans within sixty (60) working days of its submittal, except that at least fifteen (15) working days shall be provided for processing any resubmitted improvement plan. The sixty-working-day period shall not include any days during which the improvement plan has been returned to the applicant for correction, has been subject to review by agencies other than the city or, following that review, has been returned to the applicant for correction. These time limits may be extended by mutual consent of the subdivider and the City Engineer.

F.

The city may also contract with other private entities or persons to review the improvement plans, if it determines that it is unable to meet the above-specified time limits. The city may charge the subdivider for all costs attributable to employing or contracting with other entities to perform the improvement plan checking services.

G.

All required improvements shall be constructed to permanent line and grade under the inspection of and to the satisfaction of the City Engineer. The number and classification of inspectors and engineers necessary to adequately inspect and control the various phases of the work shall be determined by the City Engineer. The City Engineer shall keep a complete record of all inspections, laboratory, supervision and appurtenant costs which shall include overhead. The City Clerk shall submit monthly to the subdivider a detailed statement of such costs. The subdivider shall pay all such costs within fifteen (15) days after receipt of such detailed statement. The work will not be accepted by the city until all such costs have been paid. The subdivider shall agree to pay for all such costs.

H.

The applicant shall provide all necessary field engineering for the purpose of establishing lines and trades during installation of all required improvements.

I.

The applicant shall provide all monuments, ties, calculations, notes and other survey data required by Chapter 16.38 (Survey and Monuments) of this title prior to approval of the final map or parcel map, except as otherwise provided in Chapter 16.36 (Subdivision Improvements Security) of this title.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)