§ 16.32

A.

General Requirements. .....The subdivider shall grade and improve or agree to grade and improve all land dedicated or to be dedicated on the final tract or parcel map for streets, highways, alleys, ways, easements and public rights-of-way in such manner and with such improvements as are necessary for the general use of the lot or parcel owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final tract or parcel map.

B.

Street and Highway Plans. .....Plans, profiles, specifications and all necessary details of the proposed improvements of all streets, highways, alleys and ways, including structures incidental thereto, shall be prepared in accordance with the "minimum design standard of public works" as defined under Section 16.04.010(K) of this code, and shall be submitted to the City Engineer for checking. Such plans and profiles shall show the location of all surface and subsurface structures found or needed to be located to make the improvements shown on such plans and profiles.

C.

Improvements Plans Incidental to Streets and Highways. .....Specifications, and all necessary details of the proposed construction of street name signs, barricades, sidewalks, intersection lighting, street lighting and drainage structures installed or to be installed as a part of a subdivision shall be submitted to the City Engineer for checking.

D.

Fence Plans. .....Specifications and all necessary details of the proposed construction of fences and walls required to be installed as a condition of subdivision approval shall be submitted to the Director of Building and Planning for plan checking.

E.

Water System and Underground Utility Plans. .....Plans, specifications and all necessary details of the proposed underground utilities system, including the water system, to be installed within the road rights-ofway, shall be submitted to the City Engineer for checking; provided, that prior to submitting such plans they shall have been approved by the supplier who was designated and approved with the tentative tract or parcel map.

F.

Sanitary, Sewer Plans. .....Plans, profiles, specifications and all necessary details of the sanitary sewers to be installed shall be submitted to the City Engineer for checking; provided, that prior to submitting such plans they shall have been approved as to compliance with applicable health ordinances and regulations by the jurisdiction by which the subdivision is to be served.

G.

Flood Control and Local Drainage Facility Improvement Plans. .....Plans, profiles, specifications and all necessary details of the flood control and drainage works and local drainage facilities delineated in a duly adopted master plan of drainage required for the protection of future occupants of the subdivision, exclusive of permanent drainage works between streets, shall be submitted to the City Engineer for checking and approval.

H.

Submission of Improvement Plans. .....All improvement plans shall be submitted to and checked and approved by the applicable agency or district not later than the time of submitting the final tract or parcel map for acceptance by the City, if such acceptance is required.

I.

Existing City Roads.

1.

Where a subdivision or any part thereof lies along an existing improved public highway or road, the subdivider shall improve or agree to improve the area of such highway or road lying between the surfaced

portion thereof and the curbs or gutters constructed by the subdivider; such improvements to be done in accordance with City standards.

2.

If the improvement to be performed is upon a portion of highway which the City is contemplating improving, the City Engineer may elect to improve the portion thereof otherwise required to be improved by the subdivider; in such event, the subdivider shall, prior to the approval of the final tract or parcel map, pay to the City in full discharge of the subdivider's obligation herein provided for a sum equal to the estimated cost to the City of performing the improvement required to be performed by the subdivider. In no case shall the estimated unit cost be greater than the cost per unit in current contracts for performing identical work on the interior streets of the subdivision.

J.

Underground Utility Lines.

1.

Utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground within any new, revised or reactivated residential subdivision. The subdivider is responsible for making the necessary arrangements with the utility companies for the installation of such facilities. For the purposes of this subsection, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts in an underground system may be placed aboveground within a street rightof-way where sufficient right-of-way width exists such as not to pose a serious hazard to pedestrian traffic and subject to the approval of the City Engineer. Utility lines whose main purpose is to provide service to a larger area than the area being subdivided or which are not within the original boundaries of the subdivision, and those utility lines which were in service in the area covered by the tentative tract or parcel map prior to the filing of the tentative map, may be placed aboveground.

2.

Underground utility lines which cross underneath the right-of-way of any street, alley or way shall be installed prior to the improvement of any such street, alley or way in the subdivision.

3.

When a waiver of this subsection is sought, a written application for same shall be filed with the tentative tract or parcel map explaining the justification for such request.

4.

Aboveground installation of utilities shall be permitted on a temporary basis when such utilities are required during construction; provided, that such utilities shall be removed or placed underground prior to the final exoneration of street improvement bonds.

K.

Fences. .....When by reason of some hazardous condition or the location, shape, slope, width, depth, velocity of water therein, or other characteristics of a watercourse, flood control channel or drainage facility the development of a subdivision makes necessary the fencing of such hazardous conditions, watercourse, flood control channel or drainage facility, the subdivider shall improve such area, watercourse, flood control channel or drainage facility with a chain link type fence, or equal construction in accordance with the standards of the City or of the county flood control district, whichever is applicable.

L.

Tract and Lot Grading. .....Tract and lot grading shall comply with any laws of the City governing excavation and grading operations. The finished elevations proposed in the final grading plans shall be in substantial conformance with the information shown on the approved tentative tract map and supplemental associated material.

M.

Agreement in Lieu of Improvements. .....If any improvements are not completed satisfactorily or any monuments not set before the final tract or parcel map is approved, the owner of the subdivision shall enter as contractor into an agreement with the City whereby, in consideration of the acceptance by the City of

the streets and easements offered for dedication, the contractor agrees to furnish the equipment and material necessary to complete the required work within the time specified in the agreement. Such agreement shall be accompanied by a bond as provided in Sections D and E of Section 16.32.020.

N.

Erosion and Sediment Control Works. .....Plans and specifications for erosion and sediment control works shall be approved by the Director of Building and Planning prior to the issuance of a grading permit. Such plans and specifications shall include any special provisions imposed by the Planning Commission.

O.

Slope Maintenance, Planting, and Reconstruction. .....Responsibility and control of slopes and planting of same shall remain with the subdivider for a period of one (1) year after the date of acceptance of the works of improvement by the City Council, said responsibility to include correction of erosion problems and reconstruction in the event of slope failure within such time period.

(Prior code § 35-27)

A.

Engineering and Inspection Fees for Improvements. .....At the time the plans, profiles and specifications of proposed improvements are submitted to the City Engineer for approval and prior to submitting the final tract map to the City Council for acceptance, the subdivider shall pay to the City Engineer as fees for engineering and inspection the following amounts:

1.

Three and one-half (3½) percent of that portion of the cost of improvements which is twenty-five thousand dollars ($25,000.00) or less;

2.

Three (3) percent of that portion of the cost of improvements which is more than twenty-five thousand dollars ($25,000.00) but less than one hundred thousand dollars ($100,000.00);

3.

Two and one-half (2½) percent of that portion of the cost of improvements which is one hundred thousand dollars ($100,000.00) or more.

B.

Engineering and Inspection Fees for Flood Control Districts and Master Plans of Drainage. .....At the time the plans, profiles and specifications for proposed flood control or local drainage facilities are submitted to the City Engineer for approval and prior to submitting the final tract or parcel map to the City for acceptance, if required, the subdivider shall pay to the City as fees for engineering and inspection the following amounts:

1.

Five (5) percent of that portion of the cost of improvements which is twenty-five thousand dollars ($25,000.00) or less;

2.

Four (4) percent of that portion of the cost of improvements which is more than twenty-five thousand dollars ($25,000.00) but less than one hundred thousand dollars ($100,000.00);

3.

Three and one-half (3½) percent of that portion of the cost of improvements which is one hundred thousand dollars ($100,000.00) or more.

C.

Fee Adjustments. .....The fees referred to in subsections A and B of this section shall be based on reasonable improvement cost estimates made by the City Engineer, and no adjustment in or refund of such fees shall be made once such fees have been paid, except whenever the City Council determines that the subdivider, through no fault of his or her own, cannot proceed to completion and that the map will not be recorded, in which case a refund of such fees may be made on order of the City Council, less such an amount as will compensate the City for any processing, engineering or inspections already made.

D.

Faithful Performance Bond, Improvements. .....To guarantee the performance of any action or agreement referred to in subsection M of Section 16.32.010, security shall be furnished in the following amounts:

1.

An amount determined by the City Engineer not less than fifty (50) percent nor more than one hundred (100) percent of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement; and

2.

An additional amount determined by the City Engineer, not less than fifty (50) percent nor more than one hundred (100) percent of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act; and

3.

An amount determined by the City Engineer, necessary for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished;

4.

An amount determined by the City Engineer necessary to guarantee maintenance of slopes and planting of same referred to in Section 16.32.010(O), for which a maintenance bond shall be furnished to be effective for a period of one (1) year after the date of acceptance of the works of improvement by the City Council, said bond to be in a sum equal to the estimated cost of maintaining and reconstructing the slopes for said one (1) year period.

E.

Faithful Performance Bond, Monuments. .....The agreement referred to in Section 16.16.020(8) of this code shall be accompanied by a faithful performance bond in a penal sum equal to the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes, and in every respect complying with such agreement.

F.

Bond by Surety Companies. .....All tax bonds and bonds for special assessments furnished under authority of the Subdivision Map Act and all faithful performance bonds referred to in this section shall be furnished by a surety company authorized to write the same in the state and shall be subject to the approval and acceptance by the City.

G.

Money or Negotiable Bonds. .....In lieu of any faithful performance bond required by this section, the subdivider may deposit with the City a sum of money or negotiable bonds equal to the required amount of such bond or security for the faithful performance thereof.

H.

Forfeiture on Failure to Complete. .....Upon the failure of a subdivider to complete any improvement within the time specified in an agreement or extension thereof, the City Council may, upon notice in writing of not less than twenty (20) days served by registered mail addressed to the last known address of the person signing such contract, determine that such improvement work or any part thereof is uncompleted and may cause to be forfeited to the City such portion of such sum of money or bonds given for the faithful performance of such work as may be necessary to complete such work.

I.

Exoneration of Bonds or Money.

1.

The City Engineer shall inspect all flood control and drainage works installed as to their compliance with this chapter and the plans and specifications thereof.

2.

It shall be the duty of the City Engineer to inspect all improvements installed and the duty of the City Engineer to inspect monuments set as to their compliance with this chapter and City standards.

3.

No sum of money or bonds given for faithful performance of such work shall be exonerated from the agreements referred to herein until and unless the City Engineer certifies compliance thereto.

J.

Drainage Fees.

1.

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

2.

The funds derived from the drainage fees shall be utilized for purposes of defraying the estimated amount of the cost of designing and constructing planned local drainage facilities for the disposal of surface and storm waters from the local drainage area described in such master plan of drainage.

3.

The City Council, in adopting a master plan of drainage, shall find and determine that the subdivision and development of property will require construction of the facilities described in such master plan for the

drainage area, both on the basis of benefits conferred on property proposed for subdivision and on the need for local drainage facilities created by the proposed subdivision and development of other properties within such local drainage area.

4.

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

5.

In the discretion of the City Council, rights-of-way dedication, or actual construction or payment of inspection fees pursuant to subsection B of this section for the improvement of local drainage facilities described in a duly adopted master plan of drainage may be accepted in lieu of the payment of drainage fees.

6.

Money may be advanced by the City from its general fund or other source to pay the cost of local drainage facilities within a local drainage area having a duly adopted master plan of drainage, and subsequently such moneys advanced may be reimbursed from the local drainage facilities fund for the local drainage area in which the drainage facilities described in the master plan were constructed.

7.

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

8.

Drainage fees required by this chapter may be adjusted by the City Council annually upon recommendation of the City Engineer.

K.

Park Dedication. .....Every subdivider who subdivides land shall dedicate a portion of such land, pay a fee or do both, as set forth in this chapter for the purpose of providing park and recreational facilities to serve future residents of such subdivision.

1.

Application. The provisions of this chapter shall apply to all subdivisions, as that phrase is defined in Section 11500 et seq., of the state Business and Professions Code, except subdivisions for which tentative subdivision maps have been filed within thirty (30) days after the effective date of this chapter,* and industrial subdivisions.

2.

Relation of land required to population density. It is hereby found and determined:

a.

That the public interest, convenience, health, welfare and safety require that four (4) acres of property for each one thousand (1,000) persons residing within this City be devoted to park and recreational purposes;

b.

That such requirement will be satisfied in part by cooperative arrangements between the City and the local school districts and local park and recreation districts to make available one and one-half (1½) acres of property for each one thousand (1,000) persons residing within the City for park and recreational purposes;

c.

That the remainder of the required four (4) acres shall be supplied by the requirements of this chapter and the recreation program of the City.

3.

Population Density. Population density for the purpose of this chapter shall be determined in accordance with the 1960 Census of Population on Housing: Final Report PHC (1)-32 Los Angeles, Long Beach SMSA:

a.

Single-family dwelling units and duplexes = 3.1 persons per dwelling unit; and

b.

Multiple-family dwelling units = 2.1 persons per dwelling unit.

The basis for determining the total number of dwelling units shall be the number of such units permitted by the City on the property included on the subdivision at the time the final subdivision tract map is filed with the City Council for approval.

4.

Amount of Land to be Dedicated. The amount of land required to be dedicated by a subdivider pursuant to this chapter shall be based on the gross area included in the subdivision, determined by the following formula:

Density Formula

5.

When a fee is required to be paid in lieu of land dedication, the amount of such fee shall be four hundred dollars ($400.00) per unit.

6.

Credit for Private Open Space. 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, as set forth in subsection (K)(6)(d) of this section, provided the City Council finds it is in the public interest to do so, and that the following standards are met:

a.

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

b.

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

c.

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

d.

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

e.

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

7.

Choice of Land or Fee.

a.

Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

i.

Subdivider. 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 or she desires to dedicate property for park and recreational purposes, or whether he or she desires to pay a fee in lieu thereof. If he or she desires to dedicate land for this purpose, he or she shall designate the area thereof on the tentative tract map as submitted.

ii.

Action of City. At the time of the tentative tract map approval, the City Council shall determine as a 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.

iii.

Prerequisites for Approval of Final Map. Where dedication is required it shall be accomplished in accordance with the provisions of the Subdivision Map Act. 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.

iv.

Prerequisite for Obtaining Building Permit. When fees are required, the same shall be paid to the building department at the time of building permit issuance.

b.

Determination. 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:

i.

Recreational Element of the City's General Plan; and

ii.

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

iii.

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

The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged or a combination of both, shall be final and conclusive. On subdivisions involving fifty (50) lots or less, only the payment of fees shall be required.

8.

Time of Commencement Must be Designated. At the time the final tract map is approved the City Council shall designate the time when development of the park and recreational facilities shall be commenced.

9.

Limitation on Use of Land and Fees. The land and fees received under this chapter shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which 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.

L.

Miscellaneous Fees. .....As a condition of acceptance and approval of the final subdivision map by the City, all subdividers shall be required to pay the following fees:

Tree Fee. Fifty dollars ($50.00) for each and every tree required in the subdivision. Required trees shall be computed as follows:

a.

One (1) tree per each lot and, in the case of corner lots, two (2) trees per lot, one (1) per each street frontage.

b.

On street to street lots which have double street frontage, two (2) trees shall be required per lot, one (1) per each street frontage.

In most cases the required trees will be planted by the City when it is determined by the Beaches, Parks and Recreation Director that adequate maintenance has been provided, or when a particular tract is occupied and the occupants will maintain the trees.

Tree fees shall be waived if a developer submits a landscaping plan which meets the approval of the Architectural Review Board and the Parks Department and all requirements of City ordinances have been met, including the number of trees, the installation of landscaping and maintenance schedule when a homeowners' association is involved.

2.

Street Sign Fee. Twelve dollars ($12.00) per lot or thirty-six dollars ($36.00) per acre, whichever is greater, for street name signs to be purchased and installed by the City.

3.

Traffic Sign Fee. Three dollars and fifty cents ($3.50) per lot or ten dollars ($10.00) per acre, whichever is greater, for traffic signs to be purchased and installed by the City.

4.

Traffic Painting Fee. Two dollars ($2.00) per lot or five dollars ($5.00) per acre, whichever is greater, for traffic control paint and painting. Commencing July 1, 1979, and continuing each year thereafter on July 1st, this fee shall be adjusted based on the latest consumer price index rounded to the nearest one dollar ($1.00).

M.

Filing Fee. .....Upon submitting a final map the subdivider shall pay the City a fee as established by resolution of the City Council.

N.

Improvement Plan Check Fee. .....Upon submitting a final map, the subdivider shall pay the City an improvement plan check fee as established by resolution of the City Council.

(Prior code § 35-28)

Editor's note— The ordinance from which this chapter derives was adopted July 7, 1975. The ordinance which amends subsections K and L of this section was adopted May 5, 1976.

A.

Purpose. .....The purpose of a refund agreement is to reimburse a subdivider for oversize sewer or water lines installed within or pursuant to the construction of a subdivision to serve areas outside the subject subdivision.

B.

Eligible Project. .....The facilities eligible for refund are those installed by the subdivider in excess of those normally required to provide necessary water and sewerage service. For the purposes of this refund policy the subdivider shall not be eligible for refund of water and sewer lines eight (8) inches in diameter or smaller.

C.

Amount of Refund. .....The amount subject to refund shall be the incremental additional cost of the facility above the cost of installing the system required by the City to serve the subdivision and then only to the extent that such refund is permitted in the ordinance fixing and establishing the charges.

D.

Source of Revenue. .....The subdivider shall be refunded solely from the revenues collected under the City's sewer connection charge or water acreage assessment charge and solely from such tributary areas utilizing the facilities subject to refund.

E.

Term. .....It is declared that the term of any executed refund agreement shall be a maximum of ten years from date of execution. Such agreement shall not be transferable or assigned except upon written consent of the City Council.

F.

Priority of Refund. .....Refunds shall be made from available eligible funds in accordance with a priority to be established from the chronological date of the refund contract.

(Prior code § 32A-9)