§ 9105.11

This Section establishes requirements for the for subdivider dedications of land or payment of fees, in conjunction with subdivision approval.

A.

Dedications Required. Required dedications and easements shall include all of the following:

1.

Restricted Use Areas. The right to restrict the erection of structures within those portions of lots which are shown as being subject to flood hazard, inundation, or geological hazard on a tentative parcel or tract map shall be dedicated.

2.

Natural Watercourses. In the event that a division of land is traversed by a major watercourse, channel, creek, stream, or swale, the review authority may require that an adequate right-of-way be dedicated for storm drainage purposes.

3.

Reversion to Acreage. The review authority may require dedications as a condition precedent to filing a map for the purpose of reverting to acreage land previously subdivided.

4.

Sewers and Drains. If sewers or drains or both are required for the general use of lot owners in a division of land and the sewers or drains are not to be installed within public highways, streets, or alleys, the necessary easements shall be granted.

B.

Dedications and Improvements.

1.

Offer for Dedication. All streets, highways, and lots shown on the final tract or parcel map and intended for any public use shall be offered for dedication for public use by certificate on the final map.

2.

Future Dedication. Streets or portions of streets may be offered for future dedication where the immediate widening and improvement is not required, but where it is necessary to ensure that the City can later accept dedication when the streets are needed for the further development of the area or adjacent areas. The offers shall be made by certificate on the final map.

3.

Improvements Required. The subdivider shall improve, or agree to improve, all land dedicated for streets, highways, public ways, and easements as a condition precedent to acceptance and approval of the final map when the areas of abutting lots are one acre or less, and the improvements may be required if the areas of abutting lots exceed one acre each. The improvements shall include bridges, culverts, curbs,

grading, gutters, sanitary sewers, sidewalks, storm drains, street lights, surfacing, and other structures or improvements as may be required by ordinance or deemed by the review authority to be necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs.

4.

Grades. All improvements shall be installed to grades approved by the City Engineer.

5.

Plans, Profiles, and Specifications. Plans, profiles, and specifications of proposed improvements shall be furnished to the City Engineer at the time of submitting the final map, and be approved by the City Engineer before the final map is filed with the review authority. The plans and profiles shall show full details of the proposed improvements which shall be in compliance with all applicable City standards.

C.

General Work and Improvements Required.

1.

The minimum work and improvements which the subdivider shall be required to make, or enter into an agreement to make, in the subdivision before the acceptance and approval of the final tract map by the Council, or approval of the final parcel map by the review authority both as specified in Subsection 9105.09.040 (Subdivision Improvement Requirements), shall include all of the following:

a.

Adequate distribution lines for domestic water supply to each lot;

b.

Sewage collection system, unless the City determines that main lines of an adequate disposal system are not reasonably available;

c.

Adequate drainage of the subdivision streets, highways, ways, and alleys;

d.

Adequate grading and surfacing of streets, highways, ways, and alleys;

e.

Curbs and gutters, crossgutters, and sidewalks; provided, the sidewalks may be omitted in whole or part in the event that the applicable review authority determines that the omission of sidewalks is desirable or justified by reason of particular circumstances, which shall be specified in writing in the determination;

f.

Monuments;

g.

Fire hydrants at locations designated by the Fire Department;

h.

Street name signs, at least two for each intersection;

i.

Necessary barricades and safety devices;

j.

Street trees, in compliance with the requirements of the Department of Public Works;

k.

An ornamental street lighting system, together with required underground conduit and wiring, shall be required.

(1)

The ornamental system shall be installed by the subdivider; the subdivider shall be liable for and pay all costs incurred in installing the entire system and all related appurtenances.

(2)

Installation of street lighting shall be in compliance with the plans and specifications of, or approved by, the City Engineer.

(3)

The system shall be installed subject to the inspection of the City Engineer and electrical provider;

l.

All new and preexisting lighting, power, cable, and telephone lines shall be undergrounded within all street rights-of-way adjacent to and within the subdivision boundaries and all utility lines leading from the poles to the new lots shall also be undergrounded, all by and at the expense of the subdivider.

(1)

The estimate of cost shall be prepared by a licensed civil engineer at the expense of the subdivider and reviewed and recommended for approval by the City Engineer before it is accepted by the City.

(2)

Subject to review and approval by the City Engineer, high voltage transmission lines may be exempted.

2.

All improvements shall conform to the standards and specifications established by the Council.

D.

Acceptance of Dedications.

1.

Council Action and Certification.

a.

At the time the Council or City Engineer approves a final map, it shall also accept, subject to improvement, or reject any offer of dedication.

b.

The City Clerk shall certify on the map the action of the Council.

2.

Deferred Acceptance.

a.

If at the time the final map is approved, any streets, alleys, paths, public utility easements, rights-of-way for local transit facilities including benches, bus turnouts, landing pads, shelters, and similar items that directly benefit the residents of a subdivision, or storm drainage easements are rejected subject to Code of Civil Procedure Section 771.010, the offer of dedication shall remain open and the Council or City Engineer may by resolution at any later date, and without further action by the subdivider, rescind its action and accept

and open the streets, alleys, paths, rights-of-way for local transit facilities including benches, bus turnouts, landing pads, shelters, and similar items that directly benefit the residents of a subdivision, or storm drainage easements for public use, in compliance with Subparagraph B. 2. (Future Dedication), above.

b.

The acceptance shall be recorded in the office of the County Recorder.

(Ord. No. 2396, § 4(Exh. B), 4-18-23)

The subdivider, as a condition of approval of a tentative map, may be required to reserve areas of real property for fire stations, libraries, parks, or other public uses, in compliance with Government Code Sections 66479 and 66480.

Section 9105.13 - Enforcement

9105.13.010 - Purpose.

This Section establishes provisions that are intended to ensure compliance with the requirements of this Division and this Development Code and any conditions of tentative map or parcel map approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.

9105.13.020 - Violations.

Enforcement of these Subdivision Regulations shall be as specified in the Act and Section 9108.15 (Enforcement).

9105.13.030 - Prohibitions and Falsifications.

A.

Guilty of a Misdemeanor. Any person, firm, or corporation violating any of the provisions of this Division or the Act shall be deemed guilty of is a misdemeanor or an infraction, and upon conviction thereof shall be punishable as provided in Municipal Code Chapter 2 (Penalty Provisions) and Municipal Code Section 1200 (Violations a Misdemeanor or Infraction).

B.

Separate Offense. Each person, firm, or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this Division is permitted, continued, or committed by the person, firm, or corporation and shall be punishable as provided in Municipal Code Chapter 2 (Penalty Provisions) and Municipal Code Section 1200 (Violations a Misdemeanor or Infraction), and any alley, lot, street, or other feature made the subject of this Division maintained contrary to the provisions of this Division shall constitute a public nuisance.

C.

Transaction Voidable. Any deed of conveyance, mortgage, deed of trust, or other lien or lease or sale or contract to sell, mortgage, lien, or lease made contrary to the provisions of this Division is voidable at the sole option of the beneficiary, buyer, grantee, mortgagee, tenant, or person contracting to purchase or to accept a lien or mortgage or to lease as a tenant, their heirs, personal representative, or trustee in insolvency or bankruptcy within 12 months after the date of the execution of the deed of conveyance, mortgage, deed of trust, other lien, lease, or sale, or contract, but the deed of conveyance, sale, mortgage, deed of trust, lien, lease, or contract, is binding upon any assignee, or transferee of the grantee, beneficiary, buyer, mortgagee, tenant, or person contracting for the lot, other than those specified above, and upon the grantor, landlord, mortgagor, trust, vendor, or person so contracting, their assignee, devisee, or heir.

D.

Falsifications. Fraudulent misrepresentation of pertinent information shall be sufficient reason to invalidate an approval obtained in compliance with this Division.