Indio Municipal Code Ch. 156 Subdivision Regulations

[1961 Code, § 19.1; Ord. 852]

This chapter is adopted to supplement and implement the “Subdivision Map Act,” Cal. Gov't Code § 66410 et seq. This chapter may be cited as the “Subdivision Ordinance of the City of Indio.”

[1961 Code, § 19.2; Ord. 852]

(A) The purpose of this chapter and any rules, standards and specifications adopted pursuant hereto is to regulate and control the division of land within the city and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, the form and content and procedures to be followed in securing official approval regarding such maps. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary or the public health, safety and general welfare, to promote orderly growth and development, and to promote open space, protection and proper use of land and to insure provision for adequate traffic circulation, utilities, stormwater protection and public services.

(B) The regulations set forth in this chapter shall apply to all subdivisions or parts thereof within the city.

[1961 Code, § 19.3; Ord. 852]

(A) To be approved, any map of a proposed division of land and the provisions for the design and improvement must be found by the Planning Commission and City Council, when applicable, to be consistent with the adopted general plan, any applicable specific plan, and the zoning regulations in the Unified Development Code.

(B) The type and intensity of land use as shown on the general plan shall determine the types of streets, roads, highways, utilities, storm drain facilities, and public service that shall be provided by the developer.

[1961 Code, § 19.4; Ord. 852]

Whenever any words or phases as used in this chapter are not defined herein, the definitions contained in the Subdivision Map Act shall be deemed to apply.

ADVISORY AGENCY

Shall mean:

(1)

The Planning Commission for all purposes concerning tentative subdivision and parcel maps; and

(2)

The Director of Community Development for all purposes concerning lot line adjustments.

APPEAL BOARD

The City Council of the city unless otherwise noted.

DESIGN

Means:

(1)

Street alignments, grades and widths;

(2)

Drainage and sanitary facilities and utilities, including alignments and grades thereof;

(3)

Location and size of all required easements and rights-of-way;

(4)

Fire roads and fire breaks;

(5)

Lot size and configuration;

(6)

Traffic access;

(7)

Grading;

(8)

Land to be dedicated for park or recreational purposes;

(9)

Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the general plan or any adopted specific plan. (From the definition contain in the State Subdivision Map Act).

GENERAL PLAN

The general policies and development plan; including all adopted elements, in effect in the city.

IMPROVEMENTS

Refers to such street work, storm drainage, utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan or any adopted specific plan.

IMPROVEMENT STANDARDS AND SPECIFICATIONS

The standard details and specifications, and other standards that are adopted as supplemental to this chapter that govern the improvements to be constructed pursuant to this chapter and the Subdivision Map Act.

LOT LINE ADJUSTMENT

A minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created.

MERGER

The joining of two or more contiguous parcels of land under one ownership into one parcel.

PERIPHERAL STREET

A street where right-of-way is contiguous to the exterior boundary of a subdivision.

REMAINDER

That portion of an existing parcel which is not included as part of the subdivided land but must be shown on the required maps as part of the area surrounding subdivision development.

SUBDIVISION MAP ACT or MAP ACT

The state law governing the division of land contained in Cal. Gov't Code § 66410 et seq.

ZONING REGULATIONS

The Unified Development Code governing zones, as adopted pursuant to state law.

[1961 Code, § 19.5; Ord. 852]

(A) The City Attorney shall be responsible for approving as to form all subdivision, improvement agreements, subdivision improvement securities, and covenants, conditions and restrictions required for a division of land.

(B) The City Council shall have final jurisdiction over tentative maps, final maps and improvement agreements related thereto, acceptance by the city of lands and/or improvements as may be proposed for dedication to the city as a result of the subdivision process. The City Council shall act as the Appeal Board for hearing appeals of actions of the administrative staff or Planning Commission.

(C) The City Engineer shall be responsible for:

(1) Recommending design and construction details, standards and specifications for inclusion in the improvement standards and specifications.

(2) Determining if proposed subdivision improvements comply with the provisions of this chapter and the Subdivision Map Act and for reporting the finding together with any recommendations for approval, or conditional approval, of the tentative map to the City Council for subdivisions.

(3) The processing and certification of final maps, reversion to acreage maps, and amended maps; the processing and approval of subdivision improvement plans, merger and certificates of compliance.

(4) The inspection and approval of subdivision improvements.

(5) The acceptance of dedications and improvements for subdivisions of four or less parcels.

(6) The acceptance of private improvements (improvements not to be maintained by the city).

(7) Certification to the City Council that all the findings can be made concerning notice requirements of the Cal. Gov't Code § 66427.1 governing conversion of residential real property into a condominium project.

(D) The Director of Public Services shall be responsible for the management of the Public Works Engineering Division in carrying out the responsibilities of this chapter.

(E) The Department of Planning and Development shall be responsible for:

(1) Processing all parcel and tentative maps in compliance with this chapter and other related regulations such as, California Environmental Quality Act, the city's general plan, city's zoning regulations, floodplain management regulations, specific plans.

(2) For developing administrative criteria for processing tentative maps, parcel maps, and approving lot line adjustments.

(F) The Director of Community Development shall be responsible for:

(1) The management of the Community Development in carrying out the responsibilities imposed upon it by this chapter.

(2) The Director of Community Development, or an authorized deputy, shall certify that final maps and CC & R's are in conformance with approved tentative maps, parcel maps and conditions applied thereto.

(3) Shall approve lot line adjustments.

(G) The Planning Commission shall be responsible for:

(1) Approving, conditionally approving, or denying the application for a parcel map, such as, a subdivision for four or less parcels.

(2) Making recommendations to the City Council concerning tentative subdivisions of five or more parcels, or condominium projects.

[1961 Code, § 19.6; Ord. 852]

Where services are required of the city under this chapter or fees are required for improvements pursuant to § 156.045, the amount to be paid shall be prescribed by separate resolution of the City Council.

[1961 Code, § 19.7; Ord. 852]

Improvements required by this chapter shall also apply to lots that are not subject to further division but where a building permit is requested for a project that is not exempt, as defined as follows:

Exemptions. Additions to homes, garages and accessory buildings to dwellings, farm buildings on parcel over three acres. Such improvement shall be installed as a condition of a building permit and “improvement security” posted as provided herein prior to issuance of a building permit.

[1961 Code, § 19.8; Ord. 852]

The improvement standards and specifications shall be adopted by City Council resolution to control the design and improvement and specification of development of “off-sites” and activities and other matters related to “design” and “improvement,” in connection with land development. The improvement standards and specifications shall be a part of this chapter for all intents and purposes the same as if they were set forth herein verbatim.

Subchapter 2. Maps

[1961 Code, § 19.9; Ord. 852]

(A) The necessity for tentative, final and parcel maps shall be as provided in the Subdivision Map Act, Ch. 2, Art. 1, as last amended.

(B) Parcel maps. The content and form of final maps shall be as provided in the Subdivision Map Act and this chapter.

(C) Final maps. The content and form of final maps shall be as provided in the Subdivision Map Act.

(D) Tentative parcel maps. Where it is legal under the Subdivision Map Act to divide more than four parcels by a parcel map, there shall be filed a tentative parcel map which shall be filed in accordance with the same requirements and procedures for tentative maps as provided in the Subdivision Map Act and by this chapter.

(E) Dedications. Dedications or offers of dedication may be made by certificate on the final map or parcel map or by separate instrument. In the case of dedications by separate instrument, such dedications shall be made prior to the recording of the final map or parcel map, and the recording data of the separate instrument shall be placed on the final map or parcel map prior to filing for record.

(F) Condominium conversion. A tentative subdivision map or parcel map involving prospective conversion of one or more existing structures or parcels into a condominium, stock cooperative or any other form of community ownership, shall be approved only if the proposed condominium use of the property will be in conformity with the general plan and such conversion conforms to any other requirements or restrictions which have been adopted by the City Council by ordinance dealing with the conversion of existing structures from rental units to community ownership.

[1961 Code, § 19.10; Ord. 852; Ord. 1034; Ord. 1609, 4-4-2012]

(A) The Director of Community Development shall develop the administrative policies, procedures and forms necessary and consistent with this chapter to process actions allowed and required by the Subdivision Map Act. This administrative procedure shall include the form and content of tentative maps and other maps where the Subdivision Map Act does not dictate the form and content.

(B) Environmental review. No tentative parcel or subdivision map shall be considered accepted for filing for consideration under this chapter and the Subdivision Map Act unless the map shall have been first subjected to and processed according to the city guidelines for environmental review under the California Environmental Quality Act.

(C) Time limits. The time limits for processing maps under this chapter shall be as specified in the Subdivision Map Act, unless waived by consent of the developer pursuant to the Cal. Gov't Code § 66451.1(a) for purposes of concurrent processing.

(D) Public hearings. The proceedings before the Planning Commission and City Council on applications for parcel maps and tentative maps review shall include public hearings held in accordance with the provisions of § 66451.3 of the Cal. Gov’t Code.

(E) Where to file maps.

(1) Tentative maps, parcel maps, mergers and lot line adjustment requests shall be filed with the Community Development Department and shall be processed in accordance with the Subdivision Map Act and the provisions of this chapter. The subdivision shall file as many copies of the maps, with supporting data, as may be required by the Director of Community Development.

(2) Final maps and improvement plans shall be filed with the City Engineer for checking and processing. Final maps, parcel maps, mergers and lot line adjustment maps, shall be submitted in the form and content, as required by the Subdivision Map Act and the City Engineer as to the provisions of this chapter, and shall be filed at the time and manner as required by the City Engineer.

(F) Review of other agencies. The Director of Community Development shall transmit copies of maps to those agencies, departments and utilities which he/she deems may be affected by the proposed subdivision and as required to be notified by the Subdivision Map Act.

[1961 Code, § 19.11; Ord. 852; Ord. 1550, 2-4-2009]

(A) The processing of parcel maps shall be as provided in the Subdivision Map Act.

(B) The Planning Commission shall have the authority to make findings, approve, conditionally approve or disapprove parcel maps and to impose requirements and conditions consistent with this chapter and the Subdivision Map Act.

(C) Public hearings for parcel maps shall be held as described in this chapter. The action of the Planning Commission shall be final unless appealed to the City Council as provided herein. A tentative parcel map shall be filed in the same manner as tentative maps for divisions of more than four parcels. Where allowed by the Subdivision Map Act, parcel maps may subsequently be filed on the basis of the tentative parcel map.

(D) The City Engineer shall review and approve a parcel map for conformity to the Subdivision Map Act, this chapter, and all conditions and requirements of the city as part of the map approval. Dedication or offer of dedication may be made either by certificate on the parcel map or by separate instrument.

(E) Failure to file a parcel map with the County Recorder within two years shall terminate all proceedings and the approvals shall lapse unless extended as provided herein. The Director of Community Development may grant a one year administrative extension of time for any parcel map provided that the property is properly maintained and free of weeds and debris. The Planning Commission may approve additional extensions provided that the total extensions do not exceed the maximum time frames prescribed by the Subdivision Map Act. An application for an extension shall be submitted prior to the expiration of the initial period or any extension thereof. The decision of the Director granting the one-year administrative extension may be appealed to the Planning Commission within 15 calendar days of the date of the Director's decision. When a parcel map expires the filing of a new map and repayment of fees is required.

(F) Filing the parcel map with the County Recorder shall be as prescribed in the Subdivision Map Act.

(G) Within 30 calendar days of the date a map is recorded by the County Recorder, the subdivider shall, at his/her own expense, cause duplicate copies of all sheets on polyester base film, to be delivered to the City Engineer.

(H) Corrections or amendments to a parcel map shall be as described in the Subdivision Map Act.

[1961 Code, § 19.12; Ord. 852]

The Director of Community Development may waive the parcel map for the following:

(A) Division of real property or interest therein created by probate, eminent domain procedures, partition or other civil judgments or decrees;

(B) A division of property resulting from the conveyance of land, or interest therein, to a public agency for a public purpose, such as school sites, public building sites or rights-of-way for streets, sewers, utilities, drainage, and the like; or

(C) The Director of Community Development may waive the parcel map upon making a finding that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter, local ordinance, and the Subdivision Map Act. Upon waiving the parcel map requirement, the Director of Community shall cause to be filed with the County Recorder a “Certificate of Compliance” for the land to be divided. A parcel map waived by the Director of Community Development may be conditioned to provide for payment of parkland, drainage, and other fees by a method approved by the City Attorney.

[1961 Code, § 19.13; Ord. 852; Ord. 1550, 2-4-2009]

(A) The Planning Commission shall make investigations, reports and recommendations on the design and improvement of any proposed tentative map. The Planning Commission shall have the authority to recommend approval unequivocally or with requirements and conditions upon such tentative maps, or recommend disapproval to the City Council. The Planning Commission shall make the necessary findings as required by this chapter and the Subdivision Map Act for such recommendations and reports.

(B) Public hearings shall be held as described in this chapter and the Subdivision Map Act.

(C) An approved or conditionally approved tentative tract map shall expire two years after its approval, or as otherwise prescribed by the Subdivision Map Act.

(D) Application for time extension shall be filed at least 45 days before a tentative map is due to expire. The Director of Community Development may grant a one-year administrative extension of time provided that the property is properly maintained and free of weeds and debris. The City Council may approve additional extensions provided that the total extensions do not exceed the maximum time frames prescribed by the Subdivision Map Act. The decision of the Director granting the one-year administrative extension may be appealed to the City Council within 15 calendar days of the date of the Director's decision.

[1961 Code, § 19.14; Ord. 852]

(A) The processing of a final map shall be as provided in the Subdivision Map Act.

(B) Filing of a final map with the County Recorder shall be as prescribed by the Subdivision Map Act. A final map shall be recorded within 60 days from the date of approval by the City Council, or the proceedings shall be terminated. Any subdivision of the same land shall require the filing of a new tentative map.

(C) Within 30 calendar days of the date a final map is recorded by the County Recorder, the subdivider shall, at his/her own expense, cause duplicate copies of all sheets on polyester base film, to be delivered to the City Engineer.

(D) Corrections or amendments to a final map shall be as described in the Subdivision Map Act.

(E) The City Engineer shall be responsible for certifying that the final map conforms to the approved or conditionally approved tentative map, the requirements of the city and the Subdivision Map Act is required for action by the City Council.

[1961 Code, § 19.15; Ord. 852]

(A) Authority. The Director of Community Development may authorize lot line adjustments wherein the number of lots remains the same before the adjustment and the division is consistent with the city zoning regulations.

(B) Procedure.

(1) Application for lot line adjustment shall be made on the form and with accompanying data required by the Director of Community Development for consideration of approval.

(2) Upon acceptance of the application and processing fee, the planning staff shall prepare a report and analysis in consultation with the City Engineer for compliance with city regulations.

(3) The Director of Planning and development shall either approve or disapprove the application and forward to the City Engineer for completion. The applicant shall be notified of the decision and be given notice of appeal rights to the City Council.

Subchapter 3. Design and Improvements

[1961 Code, § 19.9; Ord. 852; Ord. 928]

(A) General. “Design” and “improvements” as defined in this chapter shall be installed, or agreed to be installed, by the subdivider of land for the general use of lot owners. The standards of design and improvement shall be a combination of the provisions of this chapter, the adopted improvement standards and specifications, the general plan, any applicable specific plan of the city and the zoning regulations.

(B) Design. In general, standards of design shall be as approved on maps. For purposes of uniformity, the following minimum criteria shall be observed unless specific exceptions are made for cause in the map approval:

(1) Intersecting street separations, or the minimum distance between center lines of opposing streets, shall be no less than 150 feet.

(2) Lots shall be in accordance with the zoning regulations with respect to size, width and depth. Lots on arterial streets may be required to be larger than specified by zoning regulations in order to minimize the number of driveways, maximize traffic flow and promote safety.

(3)

(a) The subdivision lot design and orientation shall give maximum consideration to the extent feasible, to provide for passive or natural hearing and/or cooling opportunities of buildings. Examples of passive or natural cooling opportunities include design of lot size and configuration, and block configuration to permit orientation of the structures or minimize heat gain. In providing for future passive or natural cooling opportunities in the design of the subdivision, consideration shall be given to the local climate.

(b) For the purpose of this section, "feasible" means capable of being accomplished in a successful manner taking into account economic, environmental and technological factors.

(4) Grading of lots shall be in accordance with the Uniform Building Code Chapter 70. Where differences of elevations exist between lots which exceed one foot and a slope of less than 10% is not possible, a retaining wall(s) may be required. For hillside areas, greater than 10% slope, design and improvement standards shall be as required for each area and may be modified to adjust to specific topographic conditions.

(5) Street width shall be determined as a function of projected traffic-carrying capacity and function of the street in relation to the subdivision and the neighborhood. The general plan and/or specific plan shall control design where applicable.

(6) Access.

(a) All subdivisions shall abut upon or have an approved access to a public street.

(b) Each parcel or lot within a subdivision shall have an approved access to a public or private street.

(c) Where necessary to avoid land locked parcels or inadequately accessed parcels, the design of a subdivision shall include for future access in the street layout. Reserve strips or nonaccess at the end of streets shall be dedicated unconditionally to the city.

(7) Lot sizes and the design of housing products, including the size of units will remain substantially the same for all phases of a project. Phases shall include maps that were part of the original tentative map (project) but are revised or otherwise resubmitted. Findings shall be made at the time for consideration of tentative map approval with respect to compliance with this section. Increases in lot sizes or additional product types of the same architectural design may be found consistent with the intent of this section. Lot subdivisions where products are not constructed as a “tract” project may be found to be exempt from the requirement that projects be of a “same” design.

(C) Improvements.

(1) In general, the improvements required by this chapter shall be constructed according to the specifications of the improvement standards and specifications adopted by the City Council.

(2) Improvement plans shall be submitted to the City Engineer and shall include but not be limited to, grading, storm drains, streets, utilities, landscaping, required perimeter walls and related facilities. The form and content of improvement plans, supplementary plans and calculations, required signatures shall be as specified by the City Engineer.

(3) The following minimum improvements shall be provided as part of all parcels.

(a) Streets, either private or public, as are determined to be appropriate. Private street may be permitted if adequate assurance is provided for continual physical maintenance and access to the residents and/or owners of the subdivision. All lots shall be guaranteed access to public streets, either direct or indirect.

(b) Sidewalks, in all residential and commercial areas, and by individual determination in industrial or “M” zoned lands.

(c) Traffic and directional signs, such as street name, regulatory, warning and guide signs.

(d) Traffic signals, where determined in the environmental analysis that project's impact will be cause for the need for all or part of a traffic signal to be installed. Criteria for determination of traffic signal requirements shall be as the city warrants.

(e) Street lights, in accordance with the city policy on all streets.

(f) Street trees, in accordance with city policy.

(g) Water system shall be a public system adequate for both domestic use and fire protection to each lot.

(h) Drainage protection to satisfy criteria for stormwater runoff and control, including stormwater conduits, structures and appurtenances when required.

(i) Where determination is made that wind erosion and blowsand protection is required as a mitigation measure to environmental impacts, there shall be conditions applied and irrigation, walls and/or fences, control of soils disturbed as a result of development.

(j) Public sanitary sewer system shall be provided for all lots unless a specific waiver and/or deferment is granted for cause.

(k) Survey monuments.

(l) Utilities consisting of electric power, natural gas (if available) telephone and television cable. All new utility installations shall be underground unless waived by the Director of Community Development, as provided in this chapter.

(m) Walls (or fences) and landscaping where required for perimeter or other street frontages. Landscape maintenance districts shall be provided in accordance with state law where a homeowners' association does not exist to maintain landscaping. The developer shall deposit, with the city, an amount equal to one year's maintenance service for all required maintenance districts.

Subchapter 4. Requirements

[1961 Code, § 19.17; Ord. 852; Ord. 921; Ord. 950; Ord. 1422, 5-4-2005; Ord. 1423, 5-18-2005; Ord. 1426, 6-1-2005; Ord. 1438, 6-15-2005; Ord. 1463, 5-17-2006]

The procedure for satisfying this subchapter shall be as provided in the Subdivision Map Act, Cal. Gov't Code § 66473 et seq.

(A) Dedication requirements. As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, and install all required facilities in drainage, public utility easement and other public easements as required by the general plan, or any specific plan adopted pursuant thereto.

(B) Improvements. The subdivider shall be required to furnish, construct, install and convey ownership to the city or other agency or utility by his development. These improvements shall include all standard improvements, required by this chapter and general plan and/or specific plan adopted pursuant thereto, including, but not limited to, curbs and gutters, sidewalks, street lights, street tress, pavement, survey monuments, storm drainage facilities, seers, electrical gas and water system, including fire hydrants and appurtenances, and any other improvements as may be required as a condition of approval of the final or tentative or revised map. All improvements shall be in conformance with city-adopted standards.

(C) Additional dedications. On major and secondary thoroughfares, the advisory agency may require additional dedications of rights-of-way or easements for landscaping, pedestrian paths and the like. Such dedication shall be improved with permanently irrigated landscaping with decorative masonry walls or berming to screen lots abutting such arterials in accordance with the scenic highway elements of the general plan and city policy.

(D) Sunlight on solar easements. Sunlight easements to assure each parcel or unit in a subdivision the right to receive sunlight for any solar energy system, may be required, provided that all the following are submitted for city approval.

(1) Specific standards to determine the exact dimensions and location of such indicated easements, which standards shall be applicable to the entire subdivision.

(2) Specific regulations on any restrictions on vegetation, buildings and other objects which have the capability of obstructing the passage of sunlight through the easement.

(3) Specific terms or conditions, if any, under which an easement may be revised or terminated.

(E) Waiver of direct access to streets. The advisory agency may 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 a final 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.

(F) School site dedication requirements.

(1) As a condition of approval of a final map, a subdivider who develops within the city shall dedicate, if required, to the school district such lands as the City Council shall deem to be necessary for the purpose of construction thereon of schools necessary to assure the residents of the subdivision adequate elementary school service.

(2) Procedure. The requirement of dedication of school lands shall be imposed at the time of approval of the tentative map. If within 30 days after the requirement of dedication is imposed by the city, the affected school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map on any portion of the subdivision.

(3) Payments. Payments to subdivider for school dedications shall be made in accordance with the requirements of the Subdivision Map Act.

(4) Other school site requirements. The provision for school site dedication set forth above shall not be exclusive, but shall be cumulative and additional to any other provision for school site dedication, or payment of fees in lieu thereof, which may be duly adopted by the City Council, including as example and not as limitation, the provisions of the Cal. Gov't Code § 65970 et seq.

(G) Reservation requirement.

(1) As a condition of approval of a map, the subdivider shall reserve, if required, sites appropriate in area and location for recreational facilities, fire stations or other public uses according to the standards, formula and procedures contained in this chapter and the Subdivision Map Act.

(2) Where recreational facilities, a fire station or other public use is shown on an adopted general plan element, the subdivider may be required by the city to reserve sites as determined by the city.

(H) Storm drain facilities fee. Concurrent with the filing of any final or parcel map for residential development, and application for building permits for any commercial development, the subdivider or owner or developer of a lot shall pay or cause to be paid a storm drain facilities fee as established pursuant to the city’s impact fee ordinance (§§ 33.065 et seq.)

(I) Road, bridge and thoroughfare fee. Notwithstanding the provisions of any other provisions of this Code to the contrary, and specifically in addition to the provisions of §§ 156.130 et seq., upon application for a building permit, the subdivider or owner of a lot shall be required to pay or cause to be paid a road, bridge and thoroughfare fee as established pursuant to the city’s impact fee ordinance (§§ 33.065, et seq.).

(J) Maintenance of private improvements. Prior to the approval of any final or parcel map, or prior to the issuance of any building permit, the subdivider or owner of property to be subdivided which will create private streets, common recreation and/or open space areas, shall provide the city with adequate assurance of its continued future maintenance pursuant to city policy.

(K) Traffic signal fees.

(1) Prior to application for a building permit, the subdivider or owner of a lot or developer shall be required to pay or cause to be paid the following fees for defraying the actual or estimated of construction of any traffic signal related to the project. The fees shall be $24.93/SFR and $2.50/trip for all others. In the event this section becomes effective after recording of a final map, fees for residential development shall be payable upon application for a building permit.

(2) Notwithstanding any of the provisions of this section, no fee shall be payable on account of construction of additional space to an existing single-family dwelling. Credits may be negotiated with developments covered by assessment districts or Mello-Roos Community Facilities Districts.

(3) Such fees shall be adjusted automatically (increased or decreased) annually on July 1 of each year pursuant to the Engineer News Record Cost Construction Index – Los Angeles.

(L) Supplemental improvements.

(1) Required. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision, as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed pursuant to the provisions of the Subdivision Map Act for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.

(2) Supplemental improvements reimbursement agreement; funding procedures. No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of this chapter is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. In addition to any other notice required by law, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten days prior to the date established for hearing.

(M) Soils reports.

(1) For all divisions of land for which a soils report is not otherwise required by the Subdivision Map Act, adequate tests may be required by the Director of Community Development. The soils reports, to be done by a civil engineer registered in this state, and based upon adequate test borings may be required at the time of submission for consideration of a tentative tract or parcel map, or may be postponed by the Director of Community Development to be submitted at the time of, and in connection with, the final map.

(2) A preliminary soils report may be waived by the Director of Community Development if he finds there is sufficient data available in the city files concerning the soils qualities in the proposed area that a preliminary soils report is unnecessary.

(3) If the city has knowledge of, or the preliminary soils report indicates, the presence of soils problems which would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the advisory agency. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

(4) The advisory agency may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed, and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(N) Survey monument.

(1) The subdivider shall conform to the Land Surveyors Act as to the setting of monuments or ties. For the purpose of this section, the following shall be deemed as meeting the requirements of Cal. Bus. & Prof. Code §§ 8771, 8771.5 and 8772 (Land Surveyors Act):

(2) All rear lot corners shall be marked by a one-inch iron pipe, properly tagged, 18 inches long, set six inches below ground level. All corners of lots fronting on streets shall be marked by an offset lead and tag set in the permanent concrete curb. Such offset shall be noted on the subdivision map.

(3) All corners of subdivision shall be marked on one-inch iron pipes, properly tagged, 30 inches long, set six inches below the ground.

(4) All public street intersection centerlines and all beginnings and endings of curves on streets shall be monumented by means of city standards monuments set in hand holes provided by the subdivider. All other street intersection centerlines and beginnings and endings, or points of intersection that fall within the pavement of all curves, shall be monumented using Standard Riverside County type "B" monuments set flush with street tied to lead and tag set in permanent concrete curbs. Notes for these ties shall be provided to the city on standard survey note paper, 8½ by 11 inches.

Subchapter 5. Improvement Security

[1961 Code, § 19.18; Ord. 852]

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this subchapter for which security is required by the city, shall be secured in the manner provided for in the Subdivision Map Act.

[1961 Code, § 19.19; Ord. 852]

(A) Faithful performance. A separate instrument in the amount of 100% of the estimated cost of construction and incidental costs, to guarantee the faithful performance of the agreement.

(B) Labor and material. A separate instrument in the amount of 50% of the estimated cost of construction and incidental costs, to guarantee the payment of laborers and materialmen.

(C) Monumenting. A separate instrument in the amount of 100% of the total estimated cost of setting survey monuments, securing payment to the engineer or surveyor for the performance of the required act.

(D) Maintenance. A separate instrument in the amount of 15% of the estimated cost of construction and incidental costs, 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.

(E) Securities other than bonds. If the improvement security is other than a bond, or bonds furnished by duly authorized corporate surety, an additional amount may be included that is not less than 50% of the total estimated cost of the improvement or of the act to be performance. This additional amount is to cover the cost and reasonable expenses and fees, including reasonable attorney's fees, which may be incurred by the city in successfully enforcing the obligation secured.

[1961 Code, § 19.20; Ord. 852]

The improvement security required hereunder shall be released in the manner which follows. Security given for faithful performance of an act or agreement shall be released upon final completion and acceptance of the act or work. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment, may 60 days after the completion and acceptance of the act or work, be reduced to an amount equal to 125% of the aggregate amount of all claims therefor filed an of which notice has been given to the city, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given. Security give to secure the payment of an engineer or surveyor for setting survey monuments, shall be released upon receipt, by the City Engineer on written proof from the engineer or surveyor that he has set the monuments and that he has been paid for this work. No security given for the guarantee for warranty of work shall be released until the expiration of the period thereof and the completion and acceptance of any repair, replacement or other work found to be needed during such warranty period.

Subchapter 6. Reversions to Acreage

[1961 Code, § 19.21; Ord. 852]

Subdivided property may be reverted to acreage pursuant to provisions of this chapter and the Subdivision Map Act.

[1961 Code, § 19.22; Ord. 852]

Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the Director of Community Development. The petition shall contain the information required by this chapter and such other information as required by the Director.

[1961 Code, § 19.23; Ord. 852]

The City Council at the request of any person or on its own motion may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the Director of Community Development to obtain the necessary information to initiate and conduct the proceedings.

[1961 Code, § 19.24; Ord. 852]

Petitioners shall file the following:

(A) Evidence of title to the real property; and

(B) Evidence of the consent of all of the owners of an interest(s) in the property; or

(C) Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later.

(D) Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record.

(E) A tentative map in the form prescribed by this chapter; or

(F) A final map in the form prescribed by this chapter, which delineates dedication which will not be vacated, and dedications required as a condition to reversion.

[1961 Code, § 19.25; Ord. 852]

A public hearing shall be held before the City Council on all petitions for initiations for reversion to acreage. Notice of the public hearing shall be given as provided in the Subdivision Map Act. The Director of Community Development may give such other notice as is deemed necessary to advisable.

[1961 Code, § 19.26; Ord. 852]

(A) The City Council may approve a reversion to acreage only if it finds and records in writing that:

(1) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

(2) Either:

(a) All owners of an interest in the real property within the subdivision have consented to reversion; or

(b) None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later.

(B) The City Council may require as conditions of the reversion that:

(1) The owners dedicate or offer to dedicate streets or easements.

(2) The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities, if the same are necessary to accomplish any of the provisions of this chapter.

[1961 Code, § 19.27; Ord. 852]

Except as otherwise provided in this subchapter, upon filing of the final map for reversion of acreage with the County Recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the city.

[1961 Code, § 19.28; Ord. 852]

After the hearing before the City Council and approval of the reversion, the final map shall be delivered to the County Recorder.

[1961 Code, § 19.29; Ord. 852]

Reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

[1961 Code, § 19.30; Ord. 852]

The provisions for exclusions shall be as stated in the Subdivision Map Act.

Subchapter 7. Parcel Mergers

[1961 Code, § 19.31; Ord. 852]

Two or more contiguous parcels or units of land which have been subdivided under the provision of this chapter or the Subdivision Map Act shall not merge by virtue of the fact that such contiguous parcels are held by the same ownership. No further proceedings under this chapter shall be required for the purpose of sale, lease or financing, except as provided by this chapter.

[1961 Code, § 19.32; Ord. 852]

If any one of two or more contiguous parcels or units held by the same owner does not conform to existing zoning regulations so as not to permit its development, and at least one parcel or unit has not been developed with a building for which a building permit is required, then such parcels shall be considered as merged for the purpose of this chapter.

[1961 Code, § 19.33; Ord. 852]

(A) Whenever the City Engineer or an authorized representative has knowledge that real property has merged pursuant to this subchapter, they shall cause to be field with the County Recorder a notice of merger. At least 30 days prior to recording of notice, the owner of the parcels or units shall be advised in writing of the intention to record such notice.

(B) The notification to the owner shall specify a time, date and place at which the owner may present evidence as to why the notice of merger should not be recorded.

(C) The notice of merger to be recorded shall specify the names of the record owners and describing the property to be merged.

[1961 Code, § 19.34; Ord. 852]

(A) Upon request of the legal owner of contiguous parcels, the City Engineer or authorized representative may approve the merger of the property. Such request shall be in writing and shall be accompanied by such data and documents as required by the City Engineer's office.

(B) Upon approval, a “notice of merger” shall be filed with the County Record. The form and content of the notice shall be as required by the City Engineer.

(C) In approving such merger, the city may impose reasonable conditions. The reasonableness of such conditions may be appealed within 15 days of written notice of the conditions to the City Council in accordance with this chapter.

(D) A fee to be charged at actual cost shall be charged to the applicant for processing such merger. A deposit may be required to be applied toward this fee.

Subchapter 8. Enforcement; Waivers; Judicial Review

[1961 Code, § 19.35; Ord. 852]

The provision for enforcement of this chapter shall be as stated in the Subdivision Map Act. The provisions of remedies shall be as state din the Subdivision Map Act.

[1961 Code, § 19.36; Ord. 852]

Under the following conditions, waiver and/or deferment of requirements of this chapter may be permitted.

(A) Dedication of right-of-way shall be required as a condition of building permit issuance except as follows:

(1) When the project is for the purpose of remodeling or addition to existing building and the proposal does not increase the floor area of an existing structure by more than 20% for residential, 10% for commercial, and/or the remodeling does not involve extensive reconstruction of a building equal to 15% the value of existing structures as determined by “fair market value” established by the County Assessor or a certified appraisal.

(2) When a building permit is issued for the purpose of demolition of a structure.

(3) When a building permit is issued for the construction of a wall, fence, swimming pool or sign.

(B) Applicants for a building permit shall provide street improvements, including paving, curbs and gutters, sidewalks, street trees, street signs, except:

(1) Single-family residence are exempt from the improvement requirements if the same conditions exist where dedication of right-of-way apply as cited above.

(2) When the partially improved street is unpaved and a residentially zoned lot or parcel is part of an area where existing street grades are such that curbs and gutter would not reasonably match existing conditions, or when a parcel is at least 1,300 feet from any improved area, a deferment of street requirements may be granted by the Public Works Director as provided herein.

(3) Multiple-family dwellings, commercial and industrial buildings, churches and other institutional buildings, may be remodeled or altered without the off-site improvements being a condition of construction, provided the following exist:

(a) When the improvement is a maintenance project, such as painting, reroofing, replacing existing windows or doors or air conditioners, and the like.

(b) Minor building permits for signs, fences, patios, shades, screening walls, unless the structure is the principal improvement on the property.

(c) When the purpose of remodeling does not involve extensive reconstruction equivalent to more than 15% of the value of the existing structure.

(C) Public sewer requirements may be waived providing trunk sewers are not available with 3,000 feet, or are otherwise inaccessible because of storm channels, freeways, or similar obstructions, and providing a private sewage disposal system can be installed to the satisfaction of the Health Department and the Regional Water Quality Control Board.

(D) The required city water service for a single-family residence may be waived from developments more than 1,300 feet from available city water, or when barriers (other than economic) make extension of water mains impractical. Other waivers or deferments shall be made by individual determination of the City Council.

(E) Underground utilities. Certain circumstances are hereby acknowledged as being a basis for deferring, waiving or conditioning the requirement that utilities be placed underground.

(1) Residential subdivisions shall be subject to the underground requirements, except as follows:

(a) Transmission lines which do not provide service to the area being subdivided may be installed overhead unless otherwise prohibited.

(b) Peripheral lots in a subdivision shall be served with underground laterals to each house where overhead exists to feed adjoining properties. Provisions for serving underground from existing overhead shall be the responsibility of the subdivider to work out with the utility companies where existing conditions do not make a partial system practical.

(2) Single lot developments:

(a) Residential uses of less than four units which are not in a new subdivision (more than four lots) may be served by overhead utility facilities if such parcel is within a developed area served by existing overhead facilities. Business and commercial and industrial buildings with less than four shops, suites or other type divisions may be served overhead from existing overhead facilities that are not more than 75 feet from the new structure, or when the total floor area of the building is less than 20,000 square feet, or when not otherwise required to install underground by City Council policy.

(b) The waiver shall apply only if no additional service poles or other supporting structures are required to serve the parcel or parcels proposed to be developed; and when an addition or new structure is in excess of 650 square feet, the developer shall provide, in addition to the usual overhead utility lines, a conduit stub down or pull boxes or both, in compliance with city regulations.

(c) For purposes of this section, “single lot developments” shall not include shopping centers, such as, where one or more buildings are grouped together as a center, however, the parcel may be divided by lease or sale into more than one ownership.

1. Agreement to participate in underground utility district required. Any person obtaining a permit to erect, construct, place or replace or relocate a building, or to enlarge or make additions thereto in excess of 300 square feet may be required to participate in an underground utility district.

2. Underground street light requirements may be waived, or deferred, notwithstanding other provisions of this policy, under the following conditions:

a. Where an existing utility pole might be used in lieu of adding another pole for a street light, the street lighting luminaire may be attached to the existing pole providing the developer agrees to the conditions of deferment specified by the city.

b. In conjunction with a one lot single-family residential development, the underground street lighting requirement will be fulfilled if the property owner deposits the sum of $8 per lineal foot of street frontage to be used as a pooling fund for installation of a street light when development safety factors warrant.

c. For single lot multiple residential, commercial or industrial developments, where it is impractical due to parcel size to install two or more lights, the city may accept a deposit of $8 per lineal foot of street frontage as a means to pool funds together for the installation of a street light or lights under an economic and practical time.

d. Where there are existing overhead street lighting circuits in adjacent blocks, the developer may permitted to install overhead street lighting system.

e. In lieu of the required deposits in divisions a. and b. hereinabove, the developer may sign an agreement to defer the improvements, providing he pays his proportionate share of improvements at the city's request.

(F) Procedure for waiving or deferring requirements and executing performance agreements:

(1) In matters dealing with off-site improvements, the Public Work Director shall make a finding if the conditions of this policy are applicable for a deferment or waiver. Any agreement related thereto shall be executed by the Public Works Director.

(2) In matters relating to on-site improvements, the Planning and Development Director shall make a finding if the conditions of this policy are applicable for a deferment or waiver as provided herein.

(3) The City Attorney shall approve the terms and conditions of all such agreements before it may be finalized.

(4) Any person not satisfied with a decision of either the Public Work Director or the Planning and Development Director may appeal their ruling to the City Manager. The decision of the City Manager shall be final unless appealed to the City Council within ten days from the date the City Manager's ruling is made.

(5) A building permit shall not be issued until all the necessary agreements are entered into in accordance with this subchapter.

Subchapter 9. Vesting Tentative Maps

[1961 Code, § 19.37; Ord. 937]

This subchapter is enacted pursuant to the Subdivision Map Act, Cal. Gov't Code § 65498.1 et seq.

[1961 Code, § 19.38; Ord. 937]

It is the purpose of this subchapter to establish rules and satisfied for the implementation of the Vesting Tentative Map Statute. The regulations outlines in this subchapter are determined to be necessary for the preservation of the public health, safety and general welfare and for the promotion of orderly growth and development.

[1961 Code, § 19.39; Ord. 937]

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the city's general plan, any applicable specific plan, or zoning regulation of the city.

[1961 Code, § 19.40; Ord. 937]

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

VESTING TENTATIVE MAP

A “tentative map” or “tentative parcel map” or a “parcel map” for a residential subdivision as defined in this chapter, that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with § 156.120, and is thereafter processed in accordance with the provisions of this subchapter.

[1961 Code, § 19.41; Ord. 937]

(A) This subchapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

(B) If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction or work preparatory to construction.

[1961 Code, § 19.42; Ord. 937]

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this chapter for a tentative map except as hereinafter provided:

(A) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

(B) At the time a vesting tentative map is filed a subdivider shall also supply the following information in a form specified by the Director of Community Development unless the same is specifically waived by the Director with written justification:

(1) Height, size and location of site improvements, buildings and architectural elevations thereof;

(2) Sewer, water, storm drain and road detail for on-site and off-site improvements.

(3) Information on the uses to which the buildings will be put;

(4) Detailed grading plans;

(5) Geological studies;

(6) Flood control information;

(7) Noise impact studies.

(C) Waivers shall be documented in the record and may be overruled by the Planning Commission and City Council during the map review proceedings.

[1961 Code, § 19.43; Ord. 937]

The fees for a vesting tentative map shall be the same as for a tentative map unless otherwise specified by the city's fee schedule as adopted by resolution of the City Council.

[1961 Code, § 19.50; Ord. 937]

The approval or conditional approval of a vesting tentative map shall be two years from the date of the City Council approval. The City Council may grant up to four one year extensions. Extensions shall be requested at least 45 days from the expiration date of the vesting tentative map.

[1961 Code, § 19.45; Ord. 937]

(A) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Cal. Gov't Code § 66474.2.

(1) However, if the Cal. Gov't Code § 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

(2) The city may apply any ordinances, policies or standards that were formally published to amend applicable general or specific plans, subdivisions or zoning regulations prior to a vesting tentative map being received as a complete application and that are in effect on the date the city approved or disapproves the vesting tentative map.

(B) Notwithstanding division (A) of this section a permit approval, extension or entitlement maybe made conditional or denied if any of the following are determined:

(1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

(2) The condition or denial is required, in order to comply with state or federal law.

(C) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in § 156.122. If the final map is approved, these rights shall last for the following periods of time:

(1) An initial time period of one year beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

(2) The initial time period set forth in this division (C)(1) above, shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days, from the date a complete application is filed.

(3) A subdivider may apply to the City Council for a one-year extension at any time before the initial time period set forth in this division (C)(1) above, expires.

(4) If the subdivider submits a complete application for a building permit during the periods of time specified in this division (C)(1) and (3) above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(5) The developer who applies for an amendment pursuant to Cal. Gov't Code § 66498.2 shall do so prior to the expiration of vesting rights. The city shall process the application as a modification to tentative maps as contain in this chapter. Approved modifications shall not extend the vesting period.

[1961 Code, § 19.46; Ord. 937]

(A) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning regulations in existence at that time, that inconsistency shall be noted on the map. The city shall deny such a testing tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning regulations to eliminate the inconsistency. If the change in the zoning regulations is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding § 156.123(A) confer the vested right to proceed with the development in substantial compliance with the change in the zoning regulations and the map, as approved.

(B) The rights conferred by this section shall be for the time periods set forth in § 156.123(C).

[1961 Code, § 19.47; Ord. 937]

Notwithstanding any provisions of this subchapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in § 156.123(A) and § 156.124 and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

Subchapter 10. Park and Recreation Land Dedication and Fees

[Ord. 1325, 11-6-2002]

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FAIR MARKET VALUE

The value of the land being subdivided based upon the current assessed value, modified to equal market value in accordance with the current practice of the County Assessor, or, at the option of city, based upon an appraisal by a licensed and qualified appraiser. In the event that the city elects to secure an appraisal in order to determine the value of land subject to this subchapter, the city shall meet and confer with the subdivider seeking to record a final map with respect to the land in question. The purpose of this meeting and conference shall be the selection of an appraiser, acceptable to both the subdivider and the city, to render the appraisal that the city has elected to secure pursuant to this subchapter. Such a meeting and conference will not exceed three business days in length. If after a reasonable good faith effort by the city to agree with a subdivider upon an appraiser, no agreement is reached, the city will unilaterally select an appraiser it finds acceptable. All costs of said appraisal shall be paid by the subdivider prior to the recordation of any final map or the issuance of any building permit. An appraiser selected pursuant to this subchapter shall find the "fair market value" of land to be equal to the amount of cash or its equivalent that such land would bring if exposed for sale in the open market under conditions in which neither buyer nor seller could take advantage of the exigencies of the other, and both the buyer and the seller have knowledge of all of the uses and purposes to which the land is adapted and for which it is capable of being used, and of the enforceable restrictions upon those uses and purposes. The "fair market value" shall be determined before the final map or parcel map of a subdivision is filed. With regards to any park and recreation improvements, or equipment provided by the subdivider, the "fair market value" shall be the actual cost of acquiring, constructing and installing the improvement or equipment.

PARK

A parcel or contiguous parcels of land owned, operated and maintained by a public agency or private association, which provides recreational land and facilities for the benefit and enjoyment of the residents of the subdivision and of persons residing, working or visiting in the city. "Parks" may be classified as community parks, including community centers, athletic facilities, large multi-use swimming pools, picnic areas, cultural centers or similar facilities; public neighborhood parks, including playground equipment, sports fields, and picnic areas; and private neighborhood parks, generally intended to serve only the immediate subdivision/development or specified planned community in which they are located. "Parks" may also include, or be limited to open space areas suitable for active or passive uses.

PARK AND RECREATIONAL FACILITIES

Any public improvements deemed necessary by the city to develop, improve or rehabilitate land and facilities for park and recreational purposes. Such improvements may include, but not be limited to: grading; landscaped areas for active and passive recreational use; open space and sports fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; bicycle facilities and park lighting; playground or other recreational equipment; picnic facilities; community center or other buildings; swimming pools; volleyball, basketball, tennis, racquetball and other courts; vehicle driveways, parking areas and any other facilities that may hereafter be authorized by state law or approved by the city.

PRIVATE OPEN SPACE

Privately owned land and facilities for park and recreation purposes provided within a subdivision and perpetually maintained and operated by the future residents or owner of the subdivision. This land and facilities can be credited against the dedication and payment requirements established in this subchapter, when the following criteria are met:

(1)

That the private park land meet a minimum size requirement equivalent to one-third (0.33) acre per 20 parcels;

(2)

That the proposed private park land be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as its size, shape, topography, geology, access and location;

(3)

That the following areas or subdivision design features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, subdivision edges, landscaped subdivision entries, meandering streams, flood retention facilities and circulation improvements, such as bicycle, hiking and equestrian trails;

(4)

That the location of the land provide convenient access to housing and schools;

(5)

That the perpetual private ownership and maintenance of the land is adequately provided for by a recorded written agreement; and

(6)

That the use of the private park land is perpetually restricted for park and recreational purposes that cannot be defeated or eliminated without the consent of the City Council, and in no event without providing equivalent park and recreational space elsewhere in the subdivision.

[Ord. 1325, 11-6-2002]

(A) Authority and purpose.

(1) This subchapter is enacted pursuant to the authority granted by Cal. Gov't Code § 66477, and shall be interpreted to be consistent with the provisions thereof.

(2) The park and recreational facilities for which dedication of land and/or payment of a fee is required by the terms of this section shall be provided in accordance with the standards, specifications and requirements of the city's general plan, any specific plan adopted pursuant thereto, and any other adopted city resolution, policy or standard.

(B) Conflict with other laws.

(1) With respect to its subject matter, this subchapter supersedes all other ordinances or regulations of the city.

(2) This subchapter shall not supersede other ordinances or regulations of the city, except as expressly stated in this subchapter.

(C) Exemptions.

(1) The provisions of this section shall not apply to commercial or industrial subdivisions; nor to condominium or stock cooperative projects, which consist of the subdivision of airspace in an existing apartment building more than five years old, when no new dwelling units are added.

(2) Nonresidential subdivisions containing less than five parcels.

(a) Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section.

(b) However, in that event, a condition may be placed on the approval of a parcel map that, if a building permit is requested for construction of a residential structure or structures on one or more of the parcels, the fee may be required to be paid by the owner of each parcel as a condition of the issuance of the permit.

[Ord. 1325, 11-6-2002]

(A) As a condition of approval of a tentative or final tract map or parcel map for a residential subdivision or a multiple family residential project, the subdivider/developer shall be required to dedicate land, pay a fee in lieu thereof, or both:

(1) At the option of the city;

(2) In an amount determined pursuant to this subchapter;

(3) For park or recreational purposes, unless the subdivider/developer is exempted from this requirement by the express provisions of this subchapter.

(B) The dedication of land and/or payment of a fee shall be at the time and according to the standards and formula contained in this subchapter.

[Ord. 1325, 11-6-2002]

(A) General. If the park dedication is required under § 156.132, the park area required shall be determined in accordance with the standards provided in this section.

(B) Standard of park area to population.

(1) It is found and determined that the public interest, convenience, health, safety and welfare of the residents of the city require that three acres of property for every 1,000 persons residing within the city be devoted to local and community park and recreational purposes, and that such park area is necessary to provide for the needs of the current and future persons residing and working in the city.

(2) Said ratio of three acres per thousand population is hereafter referred to as the park area standard.

(C) Dwelling unit occupancy factor.

(1) Based upon the latest available census data, the dwelling unit occupancy factors shall be as follows:

(2) These figures may be revised from time to time by resolution of the advisory agency.

(D) Computation of area of park to be dedicated.

(1) The dedication of park land required for any subdivision shall be determined by multiplying the number of dwelling units in the subdivision for each housing type by the occupancy factor for each housing type by .003 (i.e., the ratio of the park area standard of three acres to 1,000 population).

(2) This is represented as follows:

(number of dwelling units) (occupancy factor) (3/1,000) = area of park to be dedicated

(E) Qualification of land being dedicated. In addition to meeting the requirements set forth in this section, any land offered for park dedication shall meet the criteria specified in § 156.135(D)(1).

(F) Costs of acquisition and development of land.

(1) Recent park development analysis indicates an acquisition and development cost of $180,000 per acre for park and recreation facilities.

(2) This cost applies to 182 acres of new parkland for a total cost of $32,760,000.

(3) The recommended and approved cost recovery level of new residential projects for park and recreation facilities improvements is 75% or $24,570,000.

[Ord. 1325, 11-6-2002; Ord. 1524, 1-16-2008; Ord. 1795, 12-6-2023]

(A) Pursuant to § 156.135, the subdivider/ developer may pay to the city a fee in lieu of making such dedication.

(B) The fee shall be set by City Council.

(C) The subdivider/developer shall have the option to submit a fair market appraisal report prepared by a licensed real estate appraiser in the State of California to establish a project specific Quimby in-lieu of fee. This report shall be prepared in conformance with Ch. 156 of this code. The Director of Community Development shall have the authority to review and accept or reject the fee specified in the report, provided, that if there is 10% or less difference in the fee specified in the appraisal report and the adopted fee, the Director shall accept the appraisal report fee.

[Ord. 1325, 11-6-2002]

(A) Dedication generally required.

(1) Where a park or recreational facility has been designated in the general plan of the city or other adopted resolution policy or standard of the city, and is to be located, in whole or in part, within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision and other members of the public, the subdivider shall dedicate land for a park and provide recreational facilities thereon as provided in this subchapter, unless the city determines that dedication is not desirable as provided in this section.

(2) If the fair market value of the park and recreational facilities provided pursuant to city specifications is less than that required hereunder, no additional fees shall be required, otherwise, the subdivider shall pay the difference.

(B) In-lieu fees.

(1) Where no park or recreational facility located, in whole or in part, within the proposed subdivision is designated in the general plan of the city or other adopted resolution policy or standard of the city, the subdivider shall, in lieu of dedicating land, pay a fee computed in accordance with § 156.134(B).

(2) In-lieu fees shall be used for park and recreational purposes, serving the residents of the area being subdivided and other members of the public.

(C) Combination of land and fees. The city may accept a combination of land and fees, with the respective amounts to be determined at the sole discretion of city, so long as the aggregate fair market value plus in-lieu fees does not exceed the limits established in this subchapter.

(D) Determination of land or fee.

(1) Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be at the city's sole discretion, and shall be determined by consideration of the following:

(a) The provisions of the city's general plan, any specific plan adopted thereto, and any other adopted city resolution, policy or regulation;

(b) The topography, geology, access and location of the land in the subdivision available for dedication;

(c) The size and shape of both the subdivision, and of the land available for dedication;

(d) The feasibility of dedication;

(e) The access and location of other park sites to the subdivision; and

(f) The need to develop, improve and rehabilitate other accessible park sites.

(2) The determination of the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

(E) In-lieu fees for subdivisions of 50 parcels or less. If the subdivision contains 50 parcels or less, only the payment of in-lieu fees may be required, except that condominium, stock cooperative or community apartment projects may be required to dedicate land if they have more than 50 dwelling units.

[Ord. 1325, 11-6-2002]

(A) Public parks.

(1) The subdivider shall receive a credit against the park dedication requirement for the fair market value of any land dedicated for park purposes, and for the value of any park and recreation improvements provided by subdivider in conjunction with any public park.

(2) The value of such improvements shall be determined by the city based upon fair market value.

(B) Private parks.

(1) In conjunction with any planned development, real estate development, stock cooperative, community apartment or condominium, as defined by state law, if the subdivider provides "private open space" , as defined in § 156.130, then the subdivider may receive a credit equal to the fair market value of that space against the park dedication requirement of this subchapter, but such credit shall not exceed one-third of such requirement.

(2) The actual amount of such credit shall be determined by the city, based upon the comparability of the private open space to public park area and the adequacy of such private open space to serve the needs of the subdivision for active recreational uses.

(C) Application of credits. The credits provided in this section shall be applied to reduce the subdivider's obligation to dedicate and/or pay an in-lieu fee as required under this subchapter, but only to the extent of such credit.

[Ord. 1325, 11-2-2002]

(A) The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

(1) In accordance with Cal. Gov't Code § 66477, it is expressly acknowledged that the land to be dedicated or fees to be paid may be for both neighborhood and community parks.

(2) Such fees may be used to improve or rehabilitate existing parks.

(3) Such fees may be used to purchase land, construct a venue, or rehabilitate a venue where a variety of cultural activities could take place.

(B) Fees paid by a subdivider pursuant to this subchapter may be spent to develop, improve and rehabilitate community and neighborhood parks, even though such parks may be used by nonresidents of the subdivision, so long as the benefit of the park and recreational facilities to residents of the subdivision is reasonable in relation to the location of the park and the amount of the fees.

[Ord. 1524, 1-16-2008]

At the sole discretion of the city, all fees shall be paid directly to the City Cashier at the time of building permit issuance, or at the city's discretion pursuant to a development agreement.

[Ord. 1325, 11-6-2002]

(A) City's schedule.

(1) The Director of Community Development shall prepare and maintain a schedule specifying how, when and where the land or fees, or both, which were dedicated to the city to develop park or recreational facilities will be used.

(2) Any fees collected under this subchapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

(B) Subdivider's schedule.

(1) In the event that the subdivider improves or develops parks for public or private ownership, he or she shall prepare a schedule specifying when, how and where the park or recreational facilities serving the residents of the subdivision will be developed.

(2) This schedule will be required as a condition of subdivision map approval.

[Ord. 1325, 11-6-2002]

(A) Approval of subdivision map.

(1) Unless otherwise expressly provided in this subchapter, the advisory body shall make any decision or action required by the city pursuant to this subchapter, after the duly noticed public hearing at the time of approval of the tentative tract map or parcel map.

(2) Such a decision or action shall be a condition of approval of the subdivision map.

(B) Appeals.

(1) Any person may appeal a determination of the advisory body made pursuant to this subchapter.

(2) Appeals shall be made as provided in § 30.89 of this code.