Chapter 9-505 — Final Maps

The purpose of this Chapter is to establish procedures for preparation and approval of Final Maps. The filing of a Final Map, in conformance with the Tentative Map or Vesting Tentative Map of an approved Major Subdivision Application, shall be a condition of approval of any Major Subdivision Application

Prior to the expiration of the Tentative Map or the Vesting Tentative Map of an approved major subdivision application, the subdivider shall submit two prints of the Final Map to the County Surveyor for checking. The prints shall be accompanied by all of the following data, reports, and documents in a form approved by the County Surveyor and, where applicable, the County Counsel; these plans and reports, and the supporting calculations, may be submitted separately from the maps.

(a)

Public Improvement Plans and Specifications. Three complete sets of Public Improvement Plans, consistent with Chapter 9-508, including required specifications and engineer's preliminary estimates.

(b)

Reports. A complete set of reports as follows:

(1)

Preliminary soils reports, including R-values and structural sections calculations;

(2)

Preliminary geotechnical reports; and

(3)

Surface and subsurface contamination reports.

(c)

Hydrology and Hydraulic Calculations. Storm drain calculations (e.g., hydrology, sub-area map, pipeline, hydraulic design, ponding basin, pump system, etc., if applicable).

(d)

Water and Sewer Calculations. Water and sewer design data and supporting calculations, if applicable, related to distribution, collection and treatment appurtenances, pressure, and flow.

(e)

Guarantee of Title. A subdivision guarantee of title, in a form acceptable to the County Surveyor and County Counsel, issued by a competent title company to and for the benefit and protection of the County. Said guarantee of title shall be continued complete up to the instant of filing the Final Map with the County Recorder, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all

acknowledgements thereto, appear on the proper statements and are correctly shown on the map, both as to contents as to the making thereof and affidavits of dedication where necessary.

(f)

Preliminary Title Report. A preliminary title report showing the legal owners at the time of the submittal of the Final Map.

(g)

Traverse Closures. Traverse closures for the boundary, blocks, lots, road centerlines, and rights-of-way, easements, and offset lines.

(h)

References. Copies of all deeds and unfiled surveys referenced on the Final Map and/or included in the current preliminary title report.

(i)

Tax Certificates. A copy of the tax certificate from the County Tax Collector stating that all taxes due have been paid or that a tax bond or other adequate form of security assuring payments of all taxes which are a lien but not yet payable has been filed with the County.

(j)

Deeds for Easements of Rights-of-Way. Deeds for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the Final Map. Written evidence shall be acceptable to the County in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance for the facility.

(Ord. No. 4683, § 23, 12-9-2025)

(a)

County Surveyor Review. The County Surveyor shall review the Final Map and any other required information, and the subdivider shall make corrections and/or additions until acceptable to the County Surveyor.

(b)

County Surveyor Approval. The subdivider shall submit to the County Surveyor the original tracing of the map and any duplicates per County requirements, corrected to its final form and signed by all parties required to execute the statements on the map. Original signatures shall appear on the original map. Upon receipt of all required certificates and submittals, the County Surveyor shall sign the appropriate statement and transmit the original map to the Clerk of the Board.

(c)

Board Acceptance and Referral. At the meeting at which it receives the map, or at its next regular meeting following receipt, the Board shall refer the Final Map to the Director of Public Works to approve it after upon determining that both of the following are true:

(1)

Compliance with Tentative Map. The Final Map is in substantial compliance with the Tentative Map or Vesting Tentative Map of the approved Major Subdivision Application and all required conditions of approval of the Tentative Map or the Vesting Tentative Map have been satisficed; and

(2)

Conformance to Map Act. The Final Map conforms to the Subdivision Map Act.

All survey work done on any Final Map of a subdivision shall conform to the accepted standards of the surveying profession.

(a)

Allowable Error. The allowable error of closure on any portion of a Final Map shall be less than two onehundredths of a foot or a ratio of 1:20,000, whichever is greater.

(b)

Centerlines of Adjoining Error. In the event the centerline of any street or road right-of-way in any adjoining subdivision has been established, the Final Map shall show said centerline, together with reference to a County field book or map of record showing such centerline and the monuments which determine its position. If the position of the centerline is determined by ties, that fact shall be stated on the Final Map. Only centerlines of streets pertinent to the subdivision need be shown.

Subdividers shall submit with or on the Final Map a statement, signed and acknowledged by all parties having any record title interest in the real property to be subdivided, consenting to the preparation and filing of the Final Map. Evidence of signatories' record title interests shall be provided as set forth in Section 9- 502.020(d).

The Final Map shall be prepared by or under the direction of a California-registered civil engineer, duly licensed to practice land surveying, or a California-licensed land surveyor; shall be based upon a field survey; and shall conform to the following provisions:

(a)

Legibility. It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, statements, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(b)

Format. The size of each sheet shall be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and, wherever practicable, shall be at an engineer's scale where one inch equals 80 feet or less. One sheet or as many sheets as are necessary to accommodate the map may be used. Each sheet shall be numbered, the relation of one sheet to another shall be clearly shown, and the number of sheets used shall be set forth on each sheet. The tract number, scale, north point, and sheet number

shall be shown on each sheet of the Final Map. Each sheet and the lettering thereon shall be so oriented that, with the north point directed away from the reader, the map may be read most conveniently from the bottom or lower right corner of such sheet on the 26-inch side.

(a)

Title Sheet. The title sheet of each Final Map shall contain a title consisting of the number and name of the subdivision and a subtitle consisting of a geographic description of all property being subdivided by reference to such map or maps of the property shown thereon, as shall have been previously recorded or shall have been previously filed in the office of the County Recorder under authority of Chapter 3 (commencing at Section 11650) of Part 2, of Division 4 of the Business and Professions Code, or by reference to the plat of any United States survey. The title sheet shall also show, in a form acceptable to the County Surveyor, such appropriate certificates, statements, and acknowledgements as required in Title 7, Division 2 (commencing at Section 66410) of the Government Code.

(b)

Index Map and Boundary Line. If more than one map sheet is used in preparing the Final Map, there shall be included, either on the title sheet or the first map sheet, an index map showing the general plan of the subdivision, street names, lot numbers, and the portions of the subdivision included on each map sheet. The gross boundary line of a subdivision shall be indicated by a heavy line.

(c)

Determining Boundaries. On each Final Map there shall be fully and clearly shown and identified such stakes, monuments, or other evidence, including the record reference, determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining subdivisions, whether

by lot and tract number and place of record, by section, township, and range, or by proper legal description, as may be necessary to locate precisely the limits of the subdivision. Where a found monument has no record reference, "No Record' shall be indicated adjacent to the found monument on the Final Map.

(d)

Boundary Monuments.

(1)

Each Final Map shall show durable monuments of not less than three-quarters of an inch diameter iron pin, at least 30 inches long, set at each boundary corner and at intermediate points, approximately 1,000 feet apart, or at such lesser distance as may be made necessary by topography or culture to ensure accuracy in reestablishment of any point or line without unreasonable difficulty. The precise position and character of each monument, including the R.C.E./P.L.S. tag number, shall be shown on the Final Map.

(2)

In the event that some of the required interior monuments are to be set Subsection to the filing of the Final Map, the map shall show which monuments, or the furnishing of notes thereon, shall be agreed to be set and/or furnished by the subdivider. Such agreement shall be accompanied by a security per the Subdivision Map Act, Section 66496. The security shall be released only per the terms of Section 66497 of the Subdivision Map Act.

(e)

Bearings and Distances.

(1)

The bearing and length of each lot line, block line, and boundary line shall be shown on the Final Map. Each required bearing and distance shall be shown in full, and no ditto mark or other designation of repetition shall be used.

(2)

The basis of bearings shall appear on the first sheet after the title sheet. Reference shall be made to some filed Final Map, Parcel Map, record of survey map, County Surveyor's map, or other record acceptable to the County Surveyor. Such basis of bearings shall be derived from at least two found monuments of record on the same line.

(f)

Lot Areas, Lot Numbers, and Curve Data.

(1)

Lot Area. For lots containing one acre or more, Final Maps shall show net acreage to at least the nearest one-hundredth of an acre.

(2)

Lot Numbers. All lots, including utility lots, shall be numbered consecutively, commencing with the number "1," except as otherwise approved by the County Surveyor, with no omissions or duplications. Each numbered lot shall be shown to scale entirely on one sheet.

(3)

Curve Data. The following curve data shall be shown on the Final Map:

(A)

Radial Bearing. The arc length, chord length and bearing, radius, total central angle, and the radial bearing of each non-tangent curve, including overall curves;

(B)

Bearing. The bearing of each radial line to each lot corner on each curve; and

(C)

Central Angle. The central angle of each segment within each lot.

Easements shall be incorporated into Final Maps as follows:

(a)

Easement Lines. The Final Map shall show the width of all easements, including the lengths and bearings of the lines thereof, to which the lots in the subdivision are subject. If the easement is not definitely locatable from record, a statement acknowledging the easement shall appear on the title sheet.

(b)

Designation and Identification. All existing and dedicated easements shall be clearly labeled and identified. Easements on existing lots of record shall be denoted by broken lines. Mapping of recorded easements shall include reference to the recording data. Easements being dedicated shall be so designated in a statement of dedication.

(c)

Bearings on Lot Lines. Distances and bearings on the side lines of lots cut by an easement shall be so shown as to indicate clearly the actual lengths of the lot lines.

(d)

Necessary Rights-of-Way. Final maps shall include the location and width of rights-of-way necessary for railroads, flood control, drainage, and the like, whether previously of record or currently offered for dedication.

(a)

Areas to dedicated. On each Final Map, the centerline of each highway, street, or road right-of-way to be dedicated, the total width thereof, the width on each side of the centerline, and the width of the portion to be dedicated shall be shown. Curve data per Section 9-505.070 shall also be included, as appropriate. The boundary of the map shall be shown along the centerline of any street or highway where such centerline defines a limit of the parcel being subdivided.

(b)

Access Restrictions. When the vehicular access rights from any lot to appropriately designated roads are or will be restricted by a subdivision, such rights, if not already a matter of record, shall be offered for dedication to the County by an appropriate statement on the title sheet of the Final Map. Each lot shall be clearly marked with a distinctive symbol shown in a legend that clearly defines its extent and nature of the restriction.

(a)

Any city or County boundary line adjoining the subdivision shall be clearly designated and tied in upon the Final Map.

(b)

No other additional survey and map requirements shall be included on a Final Map which do not affect record title interests. However, the County Surveyor may require additional information, in the form of a separate document or an additional map sheet, to be filed or recorded simultaneously with the Final Map in accordance with Section 66434.2 of the Government Code.

(c)

Subdivision improvement agreements may be required to accompany submittal of Final Maps

(a)

When, in the opinion of the County Surveyor, a defect or error of a technical or inadvertent nature has caused a Final Map to fail to meet or perform any of the conditions of this Chapter, the County Surveyor may waive such defect or error and process the Final Map as though none had occurred.

(b)

A Final Map may be amended pursuant to the provisions of Section 9-802.120, Modification of Approved Plans.

Chapter 9-506 - Parcel Maps

The purpose of this Chapter is to prescribe the requirements for, and waiver of, Parcel Maps. The filing of a Parcel Map, in conformance with the Tentative Map or Vesting Tentative Map of an approved Minor Subdivision Application, shall be a condition of approval of any Minor Subdivision Application.

The Parcel Map shall be prepared by, or under the direction of, a California-registered civil engineer, duly licensed to practice land surveying, or a California-licensed land surveyor; shall show the location of streets and property lines bounding the property; and shall conform to all of the following provisions:

(a)

Legibility. It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, statements, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(b)

Size and Scale. The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of each sheet and the total number of sheets composing the map shall be stated on each of the sheets, and the relation of each adjoining sheet shall be clearly shown. Each sheet and the lettering thereon shall be so oriented that, with the north arrow directed away from the reader, the map may be read most conveniently from the bottom or lower right corner of each sheet on the 26-inch side.

(c)

Feature Identification. Each parcel shall be numbered, and each block may be numbered or lettered. Each road shall be named or otherwise designated.

(d)

Identification of Parcels. Parcels shall be identified as follows:

(1)

The exterior gross boundary of the land included within the subdivision shall be indicated by an extra heavy line and clearly designated.

(2)

The map shall show the location of each parcel and its relation to surrounding surveys. If the map includes a "designated remainder" parcel or similar parcel, and the gross area of the "designated remainder" parcel or similar parcel is five acres or more, that remainder parcel need not be shown on the map, and its location

need not be indicated as a matter of survey but only by deed reference to the existing boundaries of the remainder parcel.

(3)

A parcel designated as "not a part" shall be deemed to be a "designated remainder" for purposes of this Section.

(e)

Statement of Consent. Subject to the provisions of Section 66436 of the Subdivision Map Act, a statement, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and filing of the Parcel Map is required.

(f)

Consent of Subdivider. With respect to a division of land into four or fewer parcels, where dedications or offers of dedications are not required; the statement shall be signed and acknowledged by the subdivider only. If the subdivider does not have a record title ownership interest in the property to be divided, the subdivider shall provide the County with satisfactory evidence that the persons with record title ownership have consented to the proposed division. For purposes of this Subsection, "record title ownership" shall mean fee title of record unless a leasehold interest is to be divided, in which case "record title ownership" shall mean ownership of record of the leasehold interest. "Record title ownership" does not include ownership of mineral rights or other subsurface interests which have been severed from ownership of the surface. Statements and acknowledgements required by this Subsection shall be recorded concurrently with the Parcel Map being filed for record.

(g)

Notation or Reference. No additional survey and map requirements shall be included on a Parcel Map which do not affect record title interests. However, the County Surveyor may require the map to contain a notation or reference to survey and map information pursuant to Section 66434.2 of the Government Code.

(h)

Reference to Separate Instrument. Whenever a certificate, statement, or acknowledgement is made by separate instrument, there shall appear on the Parcel Map a reference to the separately recorded document. This reference shall be completed by the County Recorder pursuant to Section 66468.1 of the Subdivision Map Act.

(a)

Monuments or Other Evidence to Determine Boundaries. On each Parcel Map there shall be fully and clearly shown and identified such stakes, monuments, or other evidence, including the record reference, determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining subdivisions, whether by lot and tract number and place of record, by section, township, and range, or by proper legal description, as may be necessary to locate precisely the limits of the subdivision.

Where a found monument has no record reference, "No Record" shall be indicated adjacent to the found monument on the Parcel Map.

(b)

Deferment of Monuments. In the event that some of the required interior monuments are to be set Subsection to the filing of the Parcel Map, the map shall show which monuments, or the furnishing of notes thereon shall be agreed to be set and/or furnished by the subdivider. Such agreement shall be accompanied by a security per Section 66496 of the Subdivision Map Act. The security shall be released only per the terms of Section 66497 of the Subdivision Map Act.

(c)

Bearings and Distances. The bearing and length of each parcel line, block line, and boundary line shall be shown on the Parcel Map. Each required bearing and distance shall be shown in full, and no ditto mark or other designation of repetition shall be used.

(d)

Parcel Areas. For parcels containing one acre or more, Parcel Maps shall show the acreage to at least the nearest one-hundredth of an acre.

Dedications or offers of dedication shall conform to the provisions of this Section.

(a)

Required Dedications or Offers. If dedications or offers of dedication are required, they may be made either by a statement on the Parcel Map or by separate instrument, as determined by the County Surveyor. If dedications or offers of dedication are made by separate instrument, the dedications or offers of dedication shall be executed prior to the Parcel Map being filed for record.

(b)

Dedications or Offers Signed. The dedications or offers of dedication, whether by statement or separate instrument, shall be signed by the same parties and in the same manner as set forth in Section 66436 or 66439 of the Government Code for dedications by a Parcel Map.

In all cases where a Parcel Map is required, such map shall be based upon a field survey made in conformity with the Land Surveyors' Act. The following statements shall appear on a Parcel Map unless otherwise approved by the County Surveyor:

(a)

Engineer's (Surveyor's) Statement. An engineer's statement as follows:

"This map was prepared by me or under my direction and is based upon a field survey in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) in (month, year). I hereby state that this Parcel Map substantially conforms to the approved or conditionally approved Tentative Map, if any. All monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retraced.

Dated this _______ day of ____, 20.

---

(Engineer) (Surveyor) (License No.)"

(b)

County Surveyor's statement. A County Surveyor's statement as follows:

"I, (County Surveyor), hereby state that I have examined this Parcel Map and that the subdivision shown hereon is substantially the same as it appeared on the Tentative Map, if required, and any approved alterations thereof. I further state that this Parcel Map complies with all the provisions of Chapter 2 of the California Subdivision Map Act, as amended, and all applicable ordinances of San Joaquin County, applicable at the time of approval of the Tentative Map, if required, and that this Parcel Map is technically correct. *I hereby accept on behalf of the public for public use the offer of dedication of [all Public Utility Easements] the (width)-foot widening of right-of-way along [ Road Name] [the (size) road return] as shown on this Parcel Map.

Dated this _______ day of ____, 20.

By: _______

(County Surveyor), County Surveyor L.S. (number),

County Surveyor of San Joaquin County, California"

• The part following this asterisk above is used only when offers of dedication are made for public utility easements or widenings of existing rights-of-way.

(c)

Recorder's Statement. A Recorder's statement as follows:

"Filed this day of, 20___, at_______.in Book of Parcel Maps, at Page, at the request of_______.

Fee: $_______

By: _______

Assessor-Recorder-County Clerk, Assistant/Deputy Recorder"

9-506.060 - REVIEW AND APPROVAL PROCESS

The subdivider shall submit prints of the Parcel Map to the County Surveyor for checking. Where applicable, the preliminary prints shall be accompanied by copies of the data, plans, reports, and documents as required for Final Maps by Section 9-505.070. Parcel maps shall be reviewed and approved as follows.

(a)

Preliminary Map Review. The County Surveyor shall review the preliminary Parcel Map and cause any changes to be made which are legally required for approval.

(b)

Final Map Submittal. The subdivider shall submit to the County Surveyor the original tracing of the map and any duplicates per County requirements, corrected to its final form, and signed by all parties required to execute the statements or certificates on the map.

(c)

Approval. The County Surveyor shall approve the map if it is acceptable.

(d)

Filing for Record. After approval, the County Surveyor or authorized agent shall transmit the approved Parcel Map directly to the County Recorder for filing.

(e)

Fees. Subdividers shall pay all required fees for plan checking as established by the Department of Public Works Fee schedule adopted by resolution of the Board of Supervisors.

A Parcel Map may be amended pursuant to the provisions of Chapter 9-513, Revisions of Approved Actions.

Chapter 9-507 - Dedications and Reservations

The purpose of this Chapter is to establish the reservations and dedications the County may impose on a subdivider as a condition for approval of a Tentative Map or a Parcel Map.

(a)

General. As a Condition of Approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, transit access, bus stops, fire stations, libraries, or other public uses according to the standards and formula contained in this section.

(b)

Standards and Formula for Reservation of Land. Where a park, recreational facility, fire station, library or other public use is shown in the General Plan or any applicable Specific Plan, pre-existing Special Purpose Plan, or Master Plan, the subdivider may be required by the Planning Commission to reserve sites as so determined by the Planning Commission in accordance with the standards contained in the General Plan, Special Purpose Plan, Specific Plan or Master Plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the General Plan or any Specific Plan, pre-existing Special Purpose Plan, or Master Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

(c)

Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the Final Map or Parcel Map, enter into a binding agreement, consistent with Government Code Section 66480, to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

(d)

Payment. The purchase price shall be the market value thereof at the time of the filing of the Tentative Map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

(e)

Termination. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

(f)

Release of Obligation. The Board of Supervisors may, after consideration by the Planning Commission, upon request of the subdivider, and after a public hearing by the Board of Supervisors, release the subdivider from the obligation of a reservation of land upon finding: 1) that to do otherwise would impose an undue hardship upon the subdivider due to physical conditions of the site or access to the site and 2) that there are alternative locations for the public facilities for which the land was provided. Such a release shall not constitute a grant of special privilege inconsistent with the obligations of other properties and similar development in the vicinity and in the same zone.

This section is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act. The local park and recreation facilities for which dedication of land and/or payment of a fee is required by this section must be in accordance with the recreation portion of the General Plan.

(a)

General Requirement. For Tentative Maps or Tentative Parcel Maps, the subdivider must dedicate land, pay a fee in lieu thereof, or a combination of both at the option of the County, for park and recreational purposes according to the standards and formulas contained in this Chapter.

(b)

General Standard. In consideration of the public interest, convenience, health, welfare, and safety, the County standard for neighborhood and community parks ("local parks") and recreational purposes shall be three acres of property for each 1,000 persons, in accordance with the recreation portion of the General Plan and the Subdivision Map Act. For purposes of this standard, park and recreation purposes shall include land and facilities for the activity of "recreational community gardening," which activity consists of the cultivation by persons other than, or in addition to, the owner of the land, of plant material not for sale.

(c)

Standard and Formula for Dedication of Land. Where a park or recreational facility has been designated in the General Plan or a specific plan or master plan 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, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The minimum amount of land to be dedicated shall be determined using the general standard in the following formula:

U × P × S = Minimum acreage dedication

Where:

U = Number of potential dwelling units within the subdivision;

P = Average number of persons in the dwelling unit type (e.g., single-family, mobile home, multi-family units) based on the latest U.S. Census.

S = Parkland standard of three acres per 1,000 people (3/1000).

The following table of population density shall be used:

TABLE 9-507.030: PARK LAND DEDICATION FORMULA

(1)

Formula for Determining Amount of Acreage. The formula for determining acreage to be dedicated per dwelling unit shall be as set out in Table 9-507.030 above.

(2)

Lots—Including Dwelling Unit Construction. For lots where dwelling units are to be constructed as part of the subdivision project, the actual type of dwelling unit to be constructed shall be used in the computation of the acreage of park land to be dedicated.

(3)

Lots—Not Including Dwelling Unit Construction. For lots where the construction of dwelling units is not a part of the subdivision project, the acreage of park land to be dedicated shall be computed on the basis of the maximum allowable density of dwelling units in the zone where the lot is located combined with the type of dwelling unit yielding the maximum acreage. If fees are paid in lieu of land dedication, and if dwelling units are constructed on lots within ten years after the date the final or Parcel Map was recorded which result in a lesser fee when computed pursuant to the provisions of this section, then the subdivider may request a refund of the excess fee previously paid.

(4)

Re-subdivision of Parcels. Whenever a parcel of land is resubdivided, full credit shall be given for the acreage of land dedicated or the amount of in-lieu fee paid at the time the parcel was originally subdivided.

(d)

Alternative Calculation Method for Dedication of Land.

(1)

This section specifies the alternative method to that specified above, in paragraph (e), for determining the factors used in calculating the area of land to be dedicated.

(2)

The Parks and Recreation Department of or any other local public agency or community services districts providing parks may apply to the Board of Supervisors for a determination of an alternative standard for existing neighborhood and community park acreage for a specific geographic area. In its application, the Department or agency or district shall present its calculations, reports and other evidence showing that the amount of existing neighborhood and community park area in a specified geographic area exceeds three acres of park area per 1,000 residents in the local parks service area.

(3)

The calculation shall be derived pursuant to Government Code Section 66477.

(4)

If the Board of Supervisors determines after a noticed public hearing that the standard for existing neighborhood and community park acreage in a specified geographic area served by a specific public

agency or district exceeds three acres of parks for 1,000 residents in that area, this standard shall be added to this Title by a Code amendment, and the alternate standard shall be used to determine the amount of land to be dedicated or fees paid in lieu thereof as a condition for the approval of a Tentative Map or Parcel Map in the jurisdiction of the public agency providing parks for the specified geographic area.

(e)

Subdividers' Obligations. The subdivider may be required to:

(1)

Provide full street improvements and utility connections to dedicated land which is dedicated pursuant to this section;

(2)

Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; and

(3)

Provide other minimal improvements that the Director of Public Works determines to be essential to the acceptance of the land for recreational purposes.

(4)

The value of the above improvements shall be a credit against the dedication of land or the payment of fees required by this Chapter.

(f)

Acceptance by County. The land to be dedicated for local parks and recreation purposes, pursuant to this Chapter, shall be approved by the County Director of General Services and the public agency accepting the dedication or accepting the improvements, if other than the County.

(g)

Fee In Lieu of Land Dedication. If there is no park or recreation facility designated in the General Plan 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, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in this section and in an amount determined in accordance with the

provisions of Subsection (c) above, such fee to be used for a local park that will serve the residents of the area being subdivided. More specifically, when a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the following formula:

S × AC = Park fee per unit

Where:

S = Parkland standard of three acres per 1,000 persons (3/1000); and

AC = Acquisition Costs as determined by Subsection (g), below.

Fees to be collected pursuant to this section shall be approved by the County Director of General Services and the public agency accepting the fees, if other than the County.

(h)

Determination of Acquisition Costs. Acquisition costs, expressed as an estimated per acre value, shall be determined by the Director of Public Works based on a written appraisal report periodically prepared and signed by an appraiser designated by the County that evaluates the probable per acre acquisition cost of park land in the vicinity, taking into consideration the acquisition costs of real property which has an approved Tentative Map and is within urban and rural communities in the County.

(1)

Appraisals for acquisition costs shall be updated based upon cut-off dates for valuation of January 1 of each year.

(2)

The acquisition costs that shall be applied to a particular subdivision shall be that based upon the appraisal report of the latest update immediately preceding the date of application is considered complete by the Community Development Department.

(i)

Disposition of Land and Fees.

(1)

Agency Receiving Land or Fees. Land or fees required by this section shall be conveyed or paid directly to the public agency that provides or will provide park and recreational services to the community in which the subdivision is located.

(2)

Appropriation of Fees. Collected fees shall be appropriated for a specific project in a budgetary year within five years after payment or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

(3)

Use of Fees. The fees collected under this Subsection shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the Planning Commission deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. The fees collected may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the

neighborhood in which the subdivision for which fees were paid as a condition to the approval of a Tentative Map or Parcel Map is located, if all of the following requirements are met:

(A)

The neighborhood in which the subdivision for which the fees were paid has a park area that meets or exceeds three acres per 1,000 persons.

(B)

The Board of Supervisors holds a public hearing before using the fees pursuant to this subparagraph.

(C)

The Board of Supervisors makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used.

(D)

The fees are used within a specified radius that complies with this Chapter and are consistent with the General Plan and any applicable specific plan. For purposes of this clause, "specified radius" includes a planning area, zone of influence, or other geographic region designated by the County, that otherwise meets the requirements of this section.

(4)

Uncommitted Fees. Fees not committed within a reasonable period of time, as provided for by this Section, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

(j)

Choice and Method of Dedication of Land and/or Payment of Fees.

(1)

Determination of Land and/or Fees. When a Tentative Map is approved, the Review Authority shall determine whether to require dedication of land, the payment of a fee in lieu thereof, or a combination.

(2)

Basis for Determination. The above determination shall be consistent with the standards in this Chapter and shall be made upon consideration of the following factors:

(A)

The San Joaquin County General Plan;

(B)

The natural features, access, and location of the land available for dedication;

(C)

The size and shape of the subdivision and land available for dedication;

(D)

The location of existing or proposed recreation sites; and

(E)

For a subdivision of less than 50 lots, only the payment of fees is required. Subdivisions containing less than five parcels and not used for residential purposes are exempt from the fees of this Chapter unless a building permit is requested for construction of a residential structure(s) on one or more of the parcels within four years, in which case the owner of the parcel shall pay the fee required of this Chapter as a condition to issuance of a building permit for such parcel.

isions containing less than five parcels and not used for residential purposes are exempt from the fees of this Chapter unless a building permit is requested for construction of a residential structure(s) on one or more of the parcels within four years, in which case the owner of the parcel shall pay the fee required of this Chapter as a condition to issuance of a building permit for such parcel.

(3)

Criteria for Requiring Both Dedication and Fee. In subdivisions of more than 50 lots, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

(A)

Where only a portion of the land to be subdivided is proposed in the General Plan, a specific plan or master plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the fee formula of this section shall be paid for any additional land that would have been required to be dedicated pursuant to Subsection (c) of Section 9-507.030.

(B)

When a major part of the local park or recreational site has already been acquired by the County and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the fee formula of this section shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.

(k)

Time of Dedication or Payment of Fees.

(1)

Dedication of Land. Where the dedication of land is required, the transfer of land, or provisions thereof, shall be accomplished at the time of recording of the Final Map or Parcel Map.

(2)

Payment of Fee In-Lieu. Where the payment of a fee is required in lieu of land dedication, the fee shall be paid at the time of recording of the Final Map or Parcel Map, provided that:

(A)

The fees will be used to reimburse the public agency for expenditures previously made that will serve the subdivision; or

(B)

The fees will be collected for public improvements or facilities for which an account has been established.

(l)

Credit for Private Open Space.

(1)

Amount of Credit. The land or fees required may be reduced, at the discretion of the Review Authority, by an amount equivalent to 50 percent of the area of land in the subdivision which is to be used for private park and recreation facilities.

(2)

Standards for Grant of Credit. To grant up to 50 percent credit for private open space, the Review Authority shall determine that it is in the public interest to do so and that all of the following standards are met:

(A)

Yards, outdoor living area (private and common and open space), setbacks, and other open areas required to be provided by this Title shall not be included in the computation of such private open space;

(B)

The private park and recreation facilities shall be owned by a homeowners' association. If the homeowners' association is dissolved or no longer maintains the facilities, the County shall access the then property owners' records for fees in the amount that would be established at the time under the provisions of this Chapter. The County may accept land of equivalent value;

(C)

The use of the private open space shall be restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the County or its successor, i.e., a city after annexation;

(D)

The proposed private open space shall be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and

(E)

Facilities proposed for the open space shall be in substantial accordance with the provisions of the recreation portion of the General Plan.

(m)

Exemptions. The provisions of this section shall not apply to:

(1)

Agricultural, commercial, and industrial subdivisions;

(2)

Condominium projects that consist of the subdivision of airspace in an existing apartment building more than five years old when no new dwelling units are added;

(3)

A tentative subdivision or tentative Parcel Map of existing multi-family residential units that are more than five years old when no new dwelling units are added; or

(4)

A lot or parcel, within a tentative subdivision or tentative Parcel Map, that contains a single family dwelling that is more than five years old when no new dwelling units are added to the lot or parcel.

(n)

Subdivision Development Agreements. Nothing contained within this section shall be construed to prohibit the entering into of a development agreement as authorized by the Government Code and this Title that addresses the issue of acquisition or dedication of park land provided, however, the dedication and acquisition as set out in this Title shall be considered the minimum standard, and no development agreement shall provide for less than the standards and the amounts provided for in this Section.

Chapter 9-508 - Public Improvement Plans

This Chapter provides a method for reviewing Public Improvement Plans for on-site and off-site public improvements within County right-of-way or County-maintained areas that are required for conformance with Chapter 9-600, Infrastructure Standards: General Provisions, the County's Improvement Standards, and/or conditions of approval for discretionary applications.

When building of a dwelling is part of a subdivision or when required by a discretionary permit approval for any other construction associated with a subdivision or other development, a Public Improvement Plan for required on-site and off-site public improvements shall be prepared. The subdivider shall submit the plan after approval of a Tentative Map or tentative Parcel Map prior to the approval of the Final Map or Parcel Map.

Public Improvement Plans shall be prepared, stamped, and signed by a California-registered civil engineer. Off-site and on-site improvements required by the County's Improvement Standards and conditions of approval for the application shall be incorporated into the Public Improvement Plan as they apply to on-site and off-site public improvements. The plan shall depict lot lines and the location of buildings and driveways, hardscape and landscaping in the public right-of-way, utilities, parking layout when more than three cars will be parked on a lot, the circulation and drainage system within the subdivision, including any privately maintained streets and water and sewer and drainage systems, and other information required by the County's application form.

Public Improvement Plans shall be reviewed by the Department of Public Works. Such review shall include whether any proposed private streets conform to the County's public street design requirements. The Zoning Administrator in consultation with the Department of Public Works also may waive specific requirements and approve amendments.

Public Improvement Plans shall incorporate all of the information required by the conditions of approval of a Tentative Map or tentative Parcel Map and other requirements of this Title that relate to on-site and off-site public improvements to ensure that off-site and on-site infrastructure meets the minimum requirements of the County's Improvement Standards. Unless otherwise specified in this Title, no use can be established on a lot for which a Public Improvement Plan is required until all conditions of approval have been complied with and the Zoning Administrator determines that the Public Improvement Plan is acceptable and complete. Public Improvement Plans approved under this Title are approved for a period of 18 months from the date of approval.

(a)

Requirements Met. In those instances involving a use that requires the preparation of a Public Improvement Plan and a Public Improvement Plan has previously been approved, the Zoning Administrator may approve amendments to that Improvement Plan for the expansion or adjustment of an existing development if the expansion complies with all of the following requirements:

(1)

The existing Public Improvement Plan is adequate to determine the compliance of the proposed expansion with all required standards and conditions for on-site and off-site public improvements.

(2)

The building or use expansion is incidental to the existing use.

(3)

The building or use expansion does not result in a change of use.

(4)

The expansion does not involve an increase in facilities for truck parking

(5)

The building expansion involves less than 25 percent increase in floor area covered by the existing structures associated with the use.

(6)

A use involves less than ten percent increase in the overall site area covered by the existing use.

(7)

The building or use expansion complies with the existing requirements of the agencies having jurisdiction and any other appropriate agencies as determined by the Zoning Administrator.

(b)

Requirements Not Met. If the proposed expansion does not meet with all of the above requirements in paragraph (a), a new Public Improvement Plan shall be required.