Article 4 — REQUIREMENTS

The City shall disapprove a map for failure to meet the requirements imposed by the Map Act or by this chapter. The Planning Commission may recommend, and the City Council may approve, a waiver of the requirements of this chapter when the failure is the result of a technical or inadvertent error which, in determination of the Planning Commission, does not materially affect the validity of the map.

Sec. 9-3.402. - Dedications: Certain Public Improvements.

The property owners shall dedicate or provide and irrevocable offer of dedication of real property within the subdivision for streets, alleys, including access rights and abutter's rights, drainage, public utility easements and other public easements. The Planning Commission may recommend, and the Council may require, the dedication of irrevocable offer of dedication of land within the subdivision for local transit facilities if the requirements of the Map Act are met. Dedications or offers of dedications of streets shall include a waiver of direct access rights to any such street from any property shown on a final or parcel map as abutting thereon and if the dedication is accepted, any such waiver shall become effective in accordance with its provisions.

Sec. 9-3.403. - Dedications: Park and Recreational Purposes.

The project proponent shall dedicate land or pay fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational purposes as a condition to the approval of a tentative map or parcel map, provided the amount of land dedicated or fees paid shall be based upon the criteria set forth in the Map Act and the following:

(a)

The amount of land required to be dedicated for park or recreational purposes pursuant to this Article shall be based on the gross area included in the subdivision determined by the following formula:

(b)

The Commission may require fees to be paid for the development of park or recreational facilities in lieu of or in combination with the dedication of land for such purposes. If the Commission requires fees to be paid in combination with the dedication of land, the total obligation imposed shall not exceed the fees which would have been required by the preceding paragraph.

(c)

Where a fee is required to be paid in lieu of land dedication, the amount of the fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to this Article. The amount of such fee shall be a sum equal to the fair market value of the amount of land required in accordance with the following formula:

4,000 square feet 6,586 square feet 3,000 square feet 8,782 square feet

The fair market value of the land shall be determined by a written report prepared by a qualified appraiser acceptable to the City. The cost of the appraisal shall be borne by the developer. The appraisal shall be made immediately prior to the filing of the final map.

(d)

The money collected as fees in lieu of land dedication shall be placed in a special fund and used to acquire park lands or enhancing the recreational potential of existing parks for the benefit of new residents.

(e)

The dedication of land for park or recreational purposes, or the payment of fees in lieu thereof, shall be a condition to the approval of a final subdivision map or final parcel map provided: only the payment of fees shall be required in subdivisions containing fifty (50) parcels or less in divisions not defined as a subdivision;

(f)

This Article relating to dedications does not apply to:

(1)

Subdivisions containing less than five (5) parcels and not used for residential purposes;

(2)

Industrial subdivisions;

(3)

Condominium projects which consists of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added;

(4)

Parcel maps for a subdivision containing fewer than five (5) parcels for a shopping center containing more than three hundred thousand (300,000) square feet of gross leaseable area and no residential development or uses.

(g)

The development of the park or recreational facilities in a subdivision on property dedicated to the City pursuant to this Article shall commence within sixty (60) days after fifty (50%) of the lots or parcels within the subdivision are occupied. If such property is, or may be, further divided, such development shall not be

commenced until 50% of the maximum number of lots which may be created within the parcel in conformity with the City's general plan or zoning laws have been occupied.

(h)

The development of land for park and recreational purposes within a parcel of land not defined as a subdivision shall commence within sixty (60) days after the lots or parcels within such area are 50% occupied. If such property may be further divided, such development shall not be commenced until 50% of the maximum number of lots which may be created within the parcel in conformity with the City's general plan or zoning laws have been occupied.

(i)

Development of park or recreational facilities shall be deemed to have commenced when the Council decides to develop such facilities. The development of such land for park or recreational facilities shall be completed within a reasonable time following commencement, having due regard for the extent and nature of the proposed development; provided however, in no event shall the substantial completion of such facilities occur more than twelve (12) months after the commencement thereof.

A subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school shall dedicate to the school district or districts within which such subdivisions are to be located, such land as the Council shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service.

Sec. 9-3.405. - Street Dedication and Improvement.

(a)

A person applying for a tentative subdivision or parcel map approval shall dedicate and improve a right-ofway to the City for public road purposes if such dedication is necessary for access to the affected property. The right-of-way shall be improved with curb, gutter, sidewalk, grading and paving in accordance with the City's standards for street construction. The right-of-way shall extend across the frontage of the property and shall be in accordance with the standards for street right-of-way as set forth in the Circulation Element of the City's General Plan.

(b)

When the area in the vicinity of the applicant's property is without existing improved streets, the Planning Director may defer the dedication or improvement of the applicant's easement. If the Planning Director defers the dedication or improvement, the applicant shall provide an offer of dedication for future public street purposes or surety bond to guarantee the improvements. The offer or surety bond will remain in effect and binding on the applicant and successors in interest until the City Council accepts the offer and requests the improvements or by resolution determines the dedication and improvements are no longer necessary for public use.

Areas of real property within the subdivision shall be reserved for parks and recreational facilities, fire stations, libraries, and other public uses subject to the conditions of the Map Act.

Whenever a drainage or sanitary sewer plan has been adopted for a particular drainage or sanitary sewer area, and such plan contains an estimate of the total cost of constructing the local drainage or sanitary sewer facilities required by the plan, including a map of such area showing its boundaries, and location of such facilities has been adopted, the Planning Commission may recommend, and the City Council may require, the payment of fees for the purpose of defraying the actual or estimated cost of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas and of constructing planned sanitary sewer facilities for local sanitary sewer areas.

Sec. 9-3.408. - Fees: Bridges or Major Thoroughfares.

(a)

The Planning Commission may require the payment of a fee as a condition for the approval of a final subdivision or parcel map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons or constructing major thoroughfares. A public hearing shall be first conducted in accordance with the Map Act for each area benefited.

(b)

At such public hearing, the boundaries of the area benefited, the cost, whether actual or estimated, and a fair method of allocation of the costs to the area of benefit and fee apportionment shall be established. The payment of fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. Payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.

(c)

If protests are not filed prior to the conclusion of the public hearing with the City Clerk by owners of more than one-half of the area of the property to be benefited by the improvement and if sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed procedure shall be abandoned and the Commission shall not for one year from the filing of written protest commence or carry on any proceedings for the same improvement or acquisition under the provisions of this section. Consideration other than the payment of fees may be accepted.

Sec. 9-3.409. - Fees: Groundwater Recharge Facilities.

(a)

The Planning Commission may require the payment of a fee as a condition of approval of a final subdivision map or final parcel map or as a condition of issuing a building permit to an area of benefit under a groundwater recharge facility plan to construct recharge facilities for the replenishment of the underground water supply in such area of benefit. Before a groundwater recharge facility plan is adopted, a public hearing will be conducted by the Commission for the proposed area of benefit and, if approved, the groundwater recharge facilities plan shall be established at such public hearing.

(b)

If, prior to the conclusion of such hearing, there is written protest filed with the City Clerk by the owners of more than one-half (½) of the area of the property to be benefited by the improvement and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half (½) of the property to be benefited, the proceedings shall be abandoned and the Council shall not, for one (1) year from the filing of that written protest, commence or carry on proceedings for the same improvement or acquisition under this Article.

The Planning Commission may require the improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity or number for the benefit of property not within the subdivision and that such improvements be dedicated to the public. The subdivider shall be reimbursed for the costs of such facilities in accordance with the Map Act.

Sec. 9-3.411. - Soils Reports.

(a)

The Planning Commission may waive the preliminary soils report if the Commission determines that, due to the knowledge it has as to the qualities of the soils of the subdivision, no preliminary analysis is necessary.

(b)

If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be recommended by the Planning Commission.

At the time of making the survey for the final map or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Map Act and the requirements of this chapter.

Sec. 9-3.413. - Standards.

The Commission shall form time to time adopt regulations by resolution setting forth the minimum standards for the scope and quality of public improvements.