§ 12.14

Dedications and offers of dedication shall be made by a certificate on the final tract or parcel map. Separate instruments may be used with the approval of the Director, when permitted by law and when the subdivider intends to dedicate or offer for dedication real property prior to the approval of a final tract or parcel map.

(OCC § 7-9-299)

Sec. 12.14.060. - Exceptions.

Dedications required by Section 12.14.010 shall not be required for any remainder parcel that is sufficient as to size and shape to be further divided in compliance with applicable zoning regulations provided the Planning Commission determines that such dedications and improvements are not necessary immediately for public use or benefit and that the property owner will not be excused from a requirement to dedicate and install necessary improvements at a later date.

(OCC § 7-9-300)

CHAPTER 12.16. - IMPROVEMENTS, MONUMENTATION AND SECURITY

Sec. 12.16.010. - Improvements required.

(a)

The subdivider shall grade and improve or agree to grade and improve all land shown on the final tract or parcel map for those dedications listed in Section 12.14.010 in compliance with the requirements of the approved tentative map in such a manner and with such improvements as are necessary for the general use of the lot or parcel owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final tract or parcel map.

(b)

The subdivider may be required to improve or agree to improve those dedications which are necessary or convenient to ensure conformity to or implementation of the General Plan.

(OCC § 7-9-302)

Sec. 12.16.020. - Subdivisions of four or less parcels.

(a)

Required improvements shall be noticed by a certificate on the final parcel map or the instrument evidencing waiver of the parcel map. Except as otherwise specified in Section 12.16.020(c), the certificate shall include a requirement for fulfillment of such improvements prior to issuance of any building permit or other grant of approval for development of the parcel, or for installation of the improvements at such earlier time as provided in the agreement.

(b)

The agreement required by Section 12.16.050 shall be entered into prior to the County Surveyor's approval of the parcel map for recordation, or prior to granting a waiver of the parcel map. Except as otherwise specified in Section 12.16.020(c), the agreement shall provide for installation of the improvement prior to the granting of any building permit or other grant of approval for development of the parcel, or for the installation of the improvements at such earlier time as provided in the agreement.

(c)

The requirements for installation of the improvement prior to issuance of building permits may be omitted from a parcel map when such a requirement is not a condition of approval of the parcel map or waiver of parcel map.

(OCC § 7-9-303)

Sec. 12.16.030. - Standards.

Improvements shall be designed and constructed in accordance with the standards of design contained in Chapter 12.12 of this title, the Standard Plans generally accepted design standards, as identified by the City Manager or designee, and any other applicable standards adopted by the City Council.

(OCC § 7-9-304)

Sec. 12.16.040. - Improvement plans.

All improvement plans of improvements to be installed within or supplemental to the final tract or parcel map must be approved by the appropriate agency prior to approval of the final tract or parcel map.

(OCC § 7-9-305)

Sec. 12.16.050. - Agreements in lieu of improvements.

If any improvements are not completed satisfactorily or any monuments not set before the final tract or parcel map is approved, the subdivider shall enter into an agreement with the County whereby, in consideration of the approval by the County of the final tract or parcel map, the subdivider agrees to perform and to furnish the equipment and material necessary to complete the required work within the time specified in the agreement. Such agreement shall be accompanied by security as provided in section 12.16.070, improvement security and 12.16.090, monumentation.

(OCC § 7-9-306)

Sec. 12.16.060. - Plan checking engineering and inspection fees.

Subdividers submitting detailed plans and specifications for approval required by section 12.16.040 shall pay plan checking, engineering, and inspection fees as established by resolution of the City Council.

(OCC § 7-9-307)

Sec. 12.16.070. - Improvement security.

Security in the form specified by Subdivision Map Act (Government Code § 66410 et seq.) shall be furnished with every improvement agreement. The amount of the security shall be as follows:

(1)

If bonds are furnished by one of the authorized corporate sureties:

a.

A performance bond in the amount of 100 percent of the estimated cost of the improvement.

b.

A labor and material bond in the amount of 100 percent of the estimated cost of the improvement.

(2)

If money, instrument of credit or negotiable bonds are furnished, 100 percent of the estimated cost of the improvement. Said money, instrument of credit or negotiable bonds shall apply to both faithful performance and payment to the contractor, subcontractors, laborers, materialmen and other persons employed in the performance of the agreement.

(OCC § 7-9-308)

State Law reference— Improvement security, Government Code § 66499 et seq.

Sec. 12.16.080. - Release of security.

The Director, Public Facilities and Resources Department, is authorized to release security in accordance with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.).

(OCC § 7-9-309)

State Law reference— Release of security, Government Code § 66499.7

Sec. 12.16.090. - Monumentation.

(a)

Monuments shall be set for each tract and parcel map in accordance with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.) and in accordance with the rules and procedures approved by the County Surveyor.

(b)

The agreement referred to in Section 12.16.050 shall be accompanied by security in the sum not less than the cost of setting such monuments.

(OCC § 7-9-310)

State Law reference— Monuments, Government Code § 66495.

Sec. 12.16.100. - Extension of time.

The Director, Public Facilities and Resources Department, is authorized to grant an extension of time to the agreement as specified in Section 12.16.050, if in his opinion a delay in the completion of the improvements is justified and the delay will not cause substantial inconvenience to the general public.

(OCC § 7-9-311)

CHAPTER 12.18. - FEES IN LIEU OF DEDICATION OR IMPROVEMENT

Sec. 12.18.010. - Local park fees.

Local park fees shall be paid as required by Code.

(OCC § 7-9-314)

Sec. 12.18.020. - Drainage fees.

(a)

The City Council may, from time to time after a public hearing and written notice to the owners of property therein, adopt master plans of drainage for various areas of the City. Such plans shall contain an estimate of the total costs of constructing the local drainage facilities required by the plan and a map of the area showing its boundaries and the location of the planned facilities.

(b)

Upon filing of a final tract or parcel map and as a condition of approval of said final tract or parcel map, a drainage fee shall be paid to the Director for deposit in a local drainage facilities fund in the amount set forth in the legislative action adopting and establishing a Master Plan of Drainage, if any, within which any portions of the subdivision may lie. Such charges and fees collected as a condition of subdivision approval shall hereinafter be referred to as drainage fees. In the event local drainage facilities are being constructed by the subdivider in conjunction with the subdivider's improvements, an agreement to construct said local drainage facilities may be accepted in lieu of part or all payment of drainage fees.

(c)

The funds derived from the drainage fees shall be used for purposes of defraying the cost of designing and constructing planned local drainage facilities for the removal of surface and stormwaters from the local drainage area described in such Master Plan of Drainage.

(d)

The City Council, in adopting a Master Plan of Drainage, shall find and determine that the subdivision and development of property will require construction of the facilities described in said Master Plan and that the drainage fees are fairly apportioned within the local drainage area, both on the basis of benefits conferred on property proposed for subdivision and on the need for local drainage facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.

(e)

The fee as to any property proposed for subdivision within an area covered by a Master Plan of Drainage shall not exceed the pro rata share of the amount of the total estimated cost of all facilities within such area would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.

(f)

Drainage fees required by this section shall be paid into a local drainage facilities fund. A separate fund shall be established within each local drainage area. Moneys in such funds shall be expended for engineering and administrative services to obtain construction; engineering and administrative services to obtain design of local drainage facilities by a duly registered civil engineer of those local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected.

(g)

At the discretion of the City Council, rights-of-way dedication, actual construction and design by a duly registered civil engineer, and payment of plan check, engineering and inspection fees for the improvement of local drainage facilities described in a duly adopted Master Plan of Drainage may be accepted in lieu of the payment of drainage fees.

(h)

Money may be advanced by the City from its General Fund or other sources to pay the cost of local drainage facilities within a local drainage area having a duly adopted Master Plan of Drainage, and subsequently such moneys advanced may be reimbursed from the local drainage facilities fund for the local drainage area in which the drainage facilities described in the Master Plan were constructed.

(i)

When required for the implementation of a duly adopted Master Plan of Drainage (so) as to provide adequate drainage for a subdivision, an agreement may be entered into between the subdivider and City whereby the subdivider may advance funds for local drainage facilities within a local drainage area, provided that the sole security for payment of funds or other consideration advanced shall be moneys subsequently accruing to a local drainage facilities fund for said local drainage area in which the facilities are constructed. Reimbursement shall be for the amount advanced only and shall not include interest or other charges.

(j)

After completion of the facilities and the payment of all claims from any planned local drainage facilities fund, the City Council shall determine by resolution the amount of surplus, if any, remaining in any of such

funds. Any such surplus shall be used, in such amounts as the City Council may determine, for one or more of the following purposes:

(1)

For transfer to the General Fund of the City, provided that the amount of such transfer shall not exceed five percent of the total amount expended from the particular fund;

(2)

For the construction of additional or modified facilities within the particular drainage or sanitary sewer area; or

(3)

As a refund in the manner provided in subsection (k) below.

(k)

Any surplus remaining in a planned local drainage facilities fund shall be refunded as follows:

(1)

There shall be refunded to the current owners of property for which a fee was previously collected the balance of such moneys in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage or sewer area.

(2)

Where property for which a fee was previously collected has subsequently been divided into more than one lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected.

(3)

There shall be transferred to the General Fund of the City any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements or the adoption by the City Council of a resolution declaring a surplus, whichever is later to occur.

(OCC § 7-9-315)

Sec. 12.18.030. - Major thoroughfare and bridge fees.

(a)

Applicability. A subdivider, as a condition of approval of a final or parcel map, or a building permit applicant, as a condition of approval of a final or parcel map, or a building permit applicant, as a condition of issuance

of a building permit, shall pay a fee as hereinafter established to defray the costs of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares.

(b)

Definitions.

(05)

Construction as used in this chapter means and includes preliminary studies, design, acquisition of rightof-way, administration of construction contracts, actual construction, and also includes those activities within the definition of "construction" in Government Code § 66484.3(g).

(10)

Major thoroughfare means those roads designated as transportation corridors and major, primary,

secondary, or commuter highways on the Master Plan of Arterial Highways in the circulation Element of the City's General Plan. Should the City not have a General Plan in effect, then, until such time as such a Plan is adopted, the term "major thoroughfare" shall mean those roads designated as transportation corridors and major, primary, secondary, or commuter highways on the Master Plan of Arterial Highways in the circulation element of the General Plan of the County of Orange as that plan existed on January 1, 1989. The primary purpose of such roads is to carry through traffic and provide a network connecting to and including the State highway system.

(15)

Bridge facilities means those locations identified in the transportation or flood control provisions of the circulation element or other element of the City's General Plan as requiring a bridge to span a waterway, a railway, freeway, or canyon. Should the City not have a General Plan in effect, then, until such time as such a plan is adopted, the term 'bridge facilities' shall mean those locations identified in the transportation or flood control provisions of the circulation element or other element of the General Plan of the County of Orange as that plan existed on January 1, 1989.

(20)

Area of benefit means a specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge project.

(c)

General Plan applicability. The provisions herein for payment of a fee shall apply only if the major

thoroughfare or bridge facility has been included in an element of the General Plan adopted by the City Council at least 30 days prior to the filing of a map or application for a building permit and on land located within the boundaries of the area of benefit. Should the City not have a General Plan in effect, then, until such time as such a Plan is adopted, the provisions herein for the payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the General Plan of the County of Orange as that Plan existed on January 11, 1989.

(d)

Payment of major thoroughfare fees. Payment of fees shall not be required unless any major thoroughfare is in addition to, or a widening or reconstruction of, any existing major thoroughfare serving the area at the time of the adoption of the boundaries of the area of benefit.

(e)

Payment of bridge fees. Payment of fees shall not be required unless any planned bridge facility is an original bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.

(f)

Establishment of area of benefit and public hearing. Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of the Director of Public works or other designated City employee. The proposal shall be forwarded to the Planning Commission for its review and recommendations at a regular adjourned or special meeting. The Planning Commission comments and recommendations, and the Public Works director's report shall be transmitted to the City Council. The City Council will set a public hearing for each proposed area benefited. Notice of the time and place of said hearing, including preliminary information related to the boundaries of the area of benefit, estimated costs

and the method of fee apportionment, shall be given by first class mail addressed to each owner as shown on the last equalized assessment roll of property within the proposed area of benefit.

(g)

Conduct of hearing protests.

(1)

At the public hearing the City Council will consider the testimony, written protests, and other evidence. At the conclusion of the public hearing the City Council may, unless a majority written protest is filed and not withdrawn as specified in subsection (3) hereof, establish an area of benefit. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded with the County Recorder of Orange County.

(2)

Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the City Council shall make provisions for payment of the share of improvement costs apportioned to such lands from other sources.

(3)

Written protest shall be received by the City Manager or designee any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protest are not withdrawn so as to reduce the area

represented by the protests to less than one-half of the area to be benefited, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this section, unless the protests are overruled by an affirmative vote of four-fifths of the City Council. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public hearing.

(4)

If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the City Council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in Subsection (f).

(5)

Nothing in this section shall prohibit the City Council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvements so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such improvement or portion thereof.

(h)

Deposit of funds in separate accounts. Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompass one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of improvements serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City of Laguna Woods for the costs of constructing the improvement.

(i)

Advancement of funds by City. The City Council may approve the advancement of money from the General Fund or Road Fund to pay the costs of constructing the improvements covered herein and may reimburse the General Fund or Road Fund for such advances from planned bridge facility or major thoroughfare funds established pursuant to this chapter.

(j)

Subdivider construction of major thoroughfare or bridge; reimbursement. If the subdivider, as a condition of approval of the subdivision, or the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the City Council may enter into a

reimbursement agreement with the subdivider or building permit applicant and the San Joaquin Hills Transportation Corridor Agency. Such agreement may provide for payments to the subdivider or applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the subdivider or applicant for costs not allocated to the subdividers or applicant's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursements shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund.

(Ord. No. 99-08, § 1(3.14.010—3.14.100), 5-5-1999)

State Law reference— Fees for costs of bridge and thoroughfare construction authorized, Government Code § 66484.3.

CHAPTER 12.20. - TAXES AND ASSESSMENTS[[6]]

Footnotes:

--- ( 6 ) ---

State Law reference— Taxes and assessments, Government Code § 66492 et seq.

Sec. 12.20.010. - Certificate from Tax Collector-Treasurer.

Prior to the filing of a final tract map with the City Council, the subdivider shall cause to be issued and filed by and with the County Treasurer-Tax Collector a certificate stating that according to the records of such office, there are no liens against the subdivision or any part thereof for unpaid State, County, municipal or local taxes or special assessment collected as taxes, except taxes or special assessment collected as taxes not yet payable. As to taxes or special assignments collected as taxes which are a lien but not yet payable, the subdivider shall cause to be issued and filed with the Treasurer-Tax Collector a certificate giving his estimate of the amount of taxes and special assessments collected as taxes which are a lien but not yet payable. This section shall not be applicable to amending maps field in accordance with the provisions of Government Code § 66469.

(OCC § 7-9-320)

State Law reference— Similar provisions, Government Code § 66492.

Sec. 12.20.020. - Security.

Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded unless there is compliance with Government Code § 66493.

(OCC § 7-9-321)

Sec. 12.20.030. - Apportionment.

The apportionment of security and delinquencies shall be handled in accordance with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.).

(OCC § 7-9-322)

Sec. 12.20.040. - Release.

The Treasurer-Tax Collector is authorized to release security required by this chapter when the secured taxes and assessments have been paid.

CHAPTER 12.22. - FINAL PARCEL MAP REQUIREMENTS AND PROCEDURES[[7]]

Footnotes:

--- ( 7 ) ---

State Law reference— Final maps, Government Code § 66456 et seq.; parcel maps, Government Code § 66463 et seq.

Sec. 12.22.010. - Content and form.

The content and form of parcel maps shall be governed by the provisions of the Subdivision Map Act (Government Code § 66410 et seq.) and the Subdivision Manual.

(OCC § 7-9-325)

Sec. 12.22.020. - Final parcel map required.

(a)

When a subdivision is proposed to be created through the tentative parcel map process, a final parcel map shall be filed for record with the County Recorder. No proposed subdivision shall be complete until such parcel map has been filed for record, unless a waiver has been approved.

(b)

A final parcel map within commercial or industrial zoned areas, identifying lease lines or lines for tax purposes may be filed for record with the County Recorder without being required to comply with the tentative parcel map requirements of this chapter. Each parcel on such map shall be identified by letter and shall not be considered to be a separate building site. No transfers of fee title may be made in connection with such map. Identification shall be shown on the face of such map as to its purpose that it does not create building sites and that it does not permit transfer of fee title interest.

(OCC § 7-9-326)

Sec. 12.22.030. - Signatures required.

(a)

When dedications or offers of dedications, either limited or irrevocable, are made on the final parcel map, all parties having any record title interest in the real property being subdivided, including parties to which an irrevocable offer of dedication has been made over the property, or any portion thereof, shall consent to the

preparation and recordation of the final parcel map by signing the required certificate. Such signatures shall be properly acknowledged. The certificate need not be signed by public entities and public utilities which own rights-of-way, easements or other interests which cannot ripen into a fee, provided that:

(1)

The Planning Commission determines that division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement;

(2)

The map contains a statement that the Planning Commission has determined that the division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement; and

(3)

The public entity or utility has been given the opportunity to object to such a determination in accordance with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.).

(b)

When dedications or offers of dedications are not being made, no owners or subdividers' signatures shall be required on the parcel map.

(OCC § 7-9-327)

Sec. 12.22.040. - Method of approval.

(a)

Final parcel map. The final parcel map shall be submitted to the City Manager or designee, who shall examine the map within 20 days of receipt thereof. If the City Manager or designee is satisfied that the map is technically correct and conforms with the approved tentative parcel map and any conditions imposed thereon, he shall execute the certificate required by the Subdivision Map Act (Government Code § 66410 et seq.). Such certification by the City Manager or designee shall constitute approval of the final parcel map.

(b)

Agreements, security and dedications. Whenever, as a condition of an approved tentative parcel map, agreements and/or security are required for installation of certain improvements and/or dedications and offers of dedication are made by a statement on the map, said agreements, security, and/or dedication may be approved/accepted by the director prior to recordation of the final parcel map.

(OCC § 7-9-328)

Sec. 12.22.050. - Filing with the County Recorder.

The City Manager or designee shall transmit the approved final parcel map to the County Recorder for recordation, unless the surveyor/engineer/subdivider requests an alternate time schedule for recordation.

(OCC § 7-9-329)