Article I — DEDICATION AND RESERVATION OF LAND

As a condition of approval of a final, parcel or revision to acreage map, subdivider shall dedicate or provide an 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 Agency may require the dedication or 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.

(Ord. 195, 7-6-87; 1994 Code)

• A. The subdivider shall dedicate an easement for bridle trail and utility purposes over the strips and portions of land ten feet wide lying entirely within and abutting upon all boundaries of each lot of the subdivision.

• B. All boundary line easements provided for by this Section shall be left by the subdivider in their natural state.

(Ord. 195, 7-6-87)

• A. General City Park and Recreation Land Requirements: The public interest, convenience, health, welfare and safety require that five acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes. The requirement is, or will be, satisfied, in part, by cooperative arrangements between the City and the local school district to make available one and one-half acres of property for each 1,000 persons residing within the City for park and recreational purposes. The remainder of the required five acres shall be supplied by the requirements which follow.

• B. Subdivider Contributions: Every person who subdivides land shall, as a condition of approval of a final map or parcel map, dedicate land, pay a fee in lieu thereof or both, at the option of the City, for park and recreational purposes at the time and according to the standards and formula contained herein.

C.

Determination of Dwelling Units: The basis for determining the total number of dwelling units for use in computing the amount of land to be dedicated, or fee in lieu thereof, shall be one dwelling unit for each lot created by a residential subdivision. The determination hereunder shall be made prior to the time of approval of the tentative map by the Planning Agency.

• D. Computation of Land Dedication Requirement: The amount of land required for dedication by a subdivider shall be based on the number of dwelling units allowable at the rate of 0.00465 acres of park land for each lot in the subdivision.

• E. Fee in Lieu of Dedication:

  1. When a fee is to be paid in lieu of land dedication, the amount of such fee shall be a sum equal to the fair market value of the amount of land that would be required to be dedicated, as applied to the total number of parcels in the subdivision.

  2. "Fair market value" shall be determined as of the time the Planning Agency's approval of the tentative tract map based upon the then assessed value of the land, modified to equal market value in accordance with current practices of the County Assessor.

• F. Common Area Credit: Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas shall be credited against the requirement of dedication for park and recreation purposes or the payment of fees in lieu thereof; provided, the Planning Agency finds it is in the public interest to do so and that the following standards are met:

  1. That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations [12] shall not be included in the computation of such private open space; and

  2. That the private ownership and maintenance of the open space is adequately provided for by written agreement;

3. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council; and

   4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and

   5. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the General Plan and are approved by the City Council.

• G. Determination of Land Dedication and/or Fee: The procedure for determining whether the subdivider is to dedicate land, pay a fee or both shall be as follows:

At the time of filing a tentative tract map for approval, the owner of the property shall, as a part of such filing, indicate whether he desires to dedicate property for park and recreational purposes or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof on the tentative tract map as submitted.

  2. At the time of the tentative tract map approval, the City Council shall determine as part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof or a combination of both. 

  3. Where dedication is required, it shall be accomplished in accordance with the provisions of the Map Act. Where fees are required, the same shall be deposited with the City prior to the approval of the final tract map. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final tract map and shall be recorded contemporaneously with the final tract map. 

• H. Decision by City for Dedication and/or Fee:

  1. Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof or a combination of both shall be determined by consideration of the following:

     • a. Recreational element of the City's General Plan; and

     • b. Topography, geology, access and location of land in the subdivision available for dedication; and

     • c. Size and shape of the subdivision and land available for dedication.

  2. The determination of the City Council as to whether land shall be dedicated or whether a fee shall be charged or a combination thereof shall be final and conclusive. (On subdivisions involving 50 lots or less, only the payment of fees shall be required.) At the time the final tract map is approved, the City Council shall designate the time when development of park and recreational facilities shall be commenced.

on of the City Council as to whether land shall be dedicated or whether a fee shall be charged or a combination thereof shall be final and conclusive. (On subdivisions involving 50 lots or less, only the payment of fees shall be required.) At the time the final tract map is approved, the City Council shall designate the time when development of park and recreational facilities shall be commenced.

• I. Use of Land and Fees: The land and fees received hereunder shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which the fees were received, and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. Notwithstanding the above, it is not intended that park and recreational facilities purchased with fees be used only by residents of the subdivisions that made the contribution.

• J. Bridle Trails: Bridle trails shall not be deemed land for park and recreational purposes under the Article.

• (Ord. 195, 7-6-87; 1994 Code)

Footnotes: --- ( 12 ) ---

See Chapters 2 and 5, respectively, of this Title.

The Planning Agency may direct that areas of real property within the subdivision shall be reserved for parks and recreational facilities, fire stations, libraries and other public uses in accordance with Section 66479 of the Map Act.

• (Ord. 195, 7-6-87; 1994 Code)

The Planning Agency may require that 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; provided, that the subdivider is reimbursed for the costs of such supplemental facilities in accordance with the procedures and requirements of the Map Act.

(Ord. 195, 7-6-87; 1994 Code)

ARTICLE J. - FEES, DEPOSITS AND BONDS

Whenever a drainage, water or sanitary sewer plan has been adopted for a particular drainage and such plan contains an estimate of the total cost of constructing the backbone and off-site drainage, water or sanitary sewer facilities required by the plan, including a map of such area showing its boundaries and location of such facilities, the Planning Agency may require the payment of fees or, from time to time, adopt a schedule of such fees, for the purpose of defraying the actual or estimated cost of constructing planned backbone and off-site water, drainage and sewer facilities which benefit the area being subdivided.

(Ord. 195, 7-6-87; 1994 Code)

• A. If the General Plan or another plan adopted by the City identifies bridge crossings or major thoroughfares necessary to provide access or service to all or part of the City, the Planning Agency may require a subdivider to pay a fee as a condition of the approval of a map, or as a condition of the issuance of a building permit pursuant to a map, to defray the actual or estimated cost of constructing those bridge crossings or major thoroughfares. However, before

any such condition is imposed on any subdivider, the Planning Agency shall conduct a noticed public hearing in accordance with the Subdivision Map Act for each area to be benefited by such a bridge crossing or major thoroughfare.

• 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 Planning Agency 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.

• (Ord. 195, 7-6-87; 1994 Code)

• A. The Planning Agency may require the payment of a fee as a condition of approval of a subdivision requiring a final or parcel map or as a condition of issuing a building permit to an area of benefit under a ground water recharge facility plan for the purpose of constructing recharge facilities for the replenishment of the underground water supply in such area of benefit; provided, before any ground water recharge facility plan is adopted, a public hearing will be conducted by the Planning Agency for the proposed area of benefit and, if approved, the ground water 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 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 onehalf of the property to be benefited, then the proposed proceedings shall be abandoned, and the Planning Agency shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this Article. Consideration in lieu of the payment of fees may be accepted.

(Ord. 195, 7-6-87; 1994 Code)

• A. Filing Fee: Upon submission of an application for a tentative map, lot line adjustment, parcel combination reversion to acreage or waiver of parcel map, the subdivider shall pay a tentative map filing fee, as established by resolution of the City Council.

• B. Additional Lots: If additional lots are added to a tentative map prior to approval by the Planning Agency, the subdivider shall pay a fee for the additional lots, in accordance with the fee requirements for a tentative map.

• C. Revised Map Filing Fee: If the subdivider submits a request for a minor modification or a revised tentative map subsequent to the approval of a tentative map as a substitute for the approved tentative map, he shall pay a revised map filing fee, as established by resolution of the City Council.

(Ord. 195, 7-6-87; 1994 Code)

• 5-3J-5: - FINAL MAPS, PARCEL MAPS AND CERTIFICATES OF COMPLIANCE.

  • A. Filing Fee and Deposit: Upon the submission of a final map, parcel map or certificate of compliance, the subdivider shall deposit with the Building Official a sum of money established by City Council resolution for filing the map or recording the certificate, which money shall be deposited in a trust fund for that purpose until the map is filed or the certificate recorded. If the subdivider abandons his intention to cause the map to be filed or the certificate recorded and so notifies the Building Official, in writing, the unspent portion of the deposit shall be returned to the subdivider.

  • B. Tract Map Checking Fee: Upon submission of a tract map for checking, the subdivider shall pay to the Building Official a map checking fee, as established by resolution of the City Council, in addition to all other fees and charges required by law.

  • C. Parcel Map Checking Fee: Upon submission of a parcel map for checking, the subdivider shall pay to the Building Official a map checking fee, as established by resolution of the City Council, in addition to all other fees and charges required by law.

  • D. Certificate of Compliance Fee: Upon submission of request for a certificate of compliance for processing and checking, the applicant shall pay to the Building Official a certificate of compliance filing fee, as established by resolution of the City Council, in addition to all other fees and charges required by law.

• (Ord. 195, 7-6-87; 1994 Code)

5-3J-6: - IMPROVEMENT PLAN CHECKING FEES.

A subdivider shall pay to the City a fee equal to the cost of checking the improvement plans. Upon submission of plans to the City, the subdivider shall deposit an amount estimated by the appropriate City officer to be adequate to cover the cost of checking the plans. If, at any time subsequent to making the deposit, the actual funds expended exceed the amount of the deposit, the subdivider shall make an additional payment equal to the deficiency. Excess deposits, if any, shall be returned to the subdivider after completion of plan checking.

(Ord. 195, 7-6-87)

The subdivider, prior to the filing of the final map, shall deposit with the City Clerk a road sign fee, as established by resolution of the City Council, for the construction of a road sign at each intersection of the new subdivision of the type and style used within the City.

(Ord. 195, 7-6-87)

• A. Deposit Required: Before commencing construction or installation of a required improvement, the subdivider shall deposit with the City, for the inspection of such improvements, a sum estimated by the appropriate City officer to be adequate to cover the actual cost of inspection.

  • B. Insufficient Deposit: If a deposit made pursuant to subsection A above is insufficient to pay all of the costs of inspection, the subdivider, upon demand of the City, shall pay to the City an amount equal to the deficiency. Until such deficiency is paid in full, the improvements for which the insufficient deposit was made shall be considered uncompleted.

  • C. Refunds: If the actual cost of inspection is less than the amount deposited, the City shall refund to the applicant any amount still remaining.

• (Ord. 195, 7-6-87)

Except as provided in subsection A. hereof, the improvement agreement required by Article H of this Chapter shall be secured by an improvement security.

• A. Water Mains: If a subdivider shows that, to the satisfaction of the Building Official, he has entered into a contract with a water utility to construct water mains, which contract makes the City a party thereto and provides that the contract may not be modified or rescinded without the consent of the City, except as required by the Public Utilities Commission, and has deposited with the water utility security for the payment of the water utility which the Building

Official finds adequate, the subdivider need not accompany an agreement to install water mains with an improvement security, except for the security required by subsection B2 of this Section.

• B. Amount and Purpose: An improvement security shall be for the following amounts:

  1. An amount estimated by the inspecting officer to be equal to the cost of improvements covered by the security, guaranteeing the faithful performance of the improvement work plus an amount estimated by the inspecting officer to be necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished.

  2. An amount estimated by the inspection officer to be equal to 50 percent of the cost of the improvements covered by the security, securing payment to contractors and subcontractors and to all persons renting equipment or furnishing labor or materials to them.

• C. Bonds and Deposits: Improvement securities shall be, at the option of the City:

  1. A bond or bonds issued by a surety company authorized to write the same in the State.

  2. A deposit with the City of cash, negotiable bonds, letters of credit, savings and loan certificates or shares assigned to the City or such other security as is authorized by the Subdivision Map Act. [13]

• D. Approval and Acceptance: Each improvement security shall be subject to approval and acceptance by the Planning Agency.

• E. Reduction:

  1. When a portion of an improvement has been fully completed, the inspecting officer may, in his discretion, recommend a reduction in an improvement security given for faithful performance equal to the estimated cost of the completed portion of the improvement.

  2. If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by amount corresponding to the amount of such bonds so furnished by the contractor.

If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by amount corresponding to the amount of such bonds so furnished by the contractor.

• F. Forfeiture on Failure to Complete: Upon the failure of a subdivider to complete an improvement within the time specified in an agreement, the Planning Agency may, upon notice, determine that the improvement work or any part thereof is incomplete and may cause to be forfeited to the City the portion of the sum of money or bonds given for the faithful performance of the work or may cash savings and loan certificates or shares deposited and assigned to assure the faithful performance of the work to complete the improvement work. Notice pursuant to this Section shall be given as follows:

1. At least ten days prior to the action, the City shall cause written notice to be personally served on the person who signed the contract; or

2. At least 20 days prior to the action, the City shall cause written notice to be sent by certified mail to the person who signed the contract at the last known address of that person.

(Ord. 195, 7-6-87; 1994 Code)

Footnotes: --- ( 13 ) --Gov. Code § 66499.

The agreement referred to in subsection 5-3F-1 R. of this Chapter shall be accompanied by a bond or cash deposit guaranteeing the faithful performance of the agreement in a form acceptable to the City and in an amount estimated by the Building Official to be equal to the cost of setting monuments and furnishing notes.

(Ord. 195, 7-6-87; 1994 Code)

ARTICLE K. - VIOLATION OF PROVISIONS

• A. Notice of Intention to Record Notice of Violation: Whenever the City has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this Chapter, it shall cause to be filed for record with the County Recorder a notice of intention to record a notice of violation describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity will be given to the owners to present evidence.

• B. Copy to Owners: Upon recording a notice of intention to record a notice of violation, the City shall mail a copy of such notice to the owner of the real property. The notice shall specify the time, date and place at which the owner may present evidence to the Planning Agency why such notice should not be recorded.

• C. Consideration of Evidence; Filing of Release or Notice of Violation: If, after the owner has presented evidence, it is determined that there has been no violation, the City shall record a release of the notice of intention to record a notice of violation with the County Recorder. If, however, after the owner has presented evidence, the Planning Agency determines that the

property has, in fact, been illegally divided, or within 60 days after receipt of such copy, the owner of the real property fails to inform the Planning Agency of his objection to the recording of the notice of violation, the Planning Agency shall record the notice of violation with the County Recorder.

• D. Constructive Notice: The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed constructive notice of violation to all successors in interest to such property.

• (Ord. 195, 7-6-87; 1994 Code)