Chapter 7-1 — SUBDIVISION ORDINANCE

Article 1 General Provisions

This chapter is adopted to supplement and implement the Subdivision Map Act, Sections 66410, et seq., of the Government Code, and may be cited as the "Subdivision Ordinance of the City of San Leandro".

It is the purpose of this chapter to regulate and control the division of land within the City of San Leandro and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions; the form and content of all maps provided for by the Subdivision Map Act; and the procedure to be followed in securing approval thereof. To accomplish this purpose, the regulations outlined in this chapter are necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote open space, conservation and to provide for adequate traffic circulation, utilities and services.

The regulations set forth in this chapter shall apply to all subdivisions or parts thereof within the City of San Leandro and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the City of San Leandro shall be made and each such map shall be prepared and presented for approval as hereafter provided for and required.

Notwithstanding any provisions to the contrary, the regulations set forth in this Chapter shall not apply to subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet.

(a) The Planning Commission is hereby designated the Advisory Agency for tentative maps.

(b) The City Engineer is hereby designated the Advisory Agency for parcel maps.

The Planning Commission is hereby designated as the Appeal Board to hear and make determinations upon appeals from any action or decision of an administrative official excepting when such official is acting as the advisory agency under the provisions of this chapter. Any decision of the Planning Commission may be appealed to the City Council. Such appeal must be in writing and filed in duplicate with the City Clerk within 10 calendar days from the date of the action appealed.

Maps for condominium, community apartment projects and stock cooperatives constituting subdivisions shall not be approved unless conditional use approval has been obtained for such project pursuant to Article 8 of the Zoning Ordinance. The design and location of buildings shown on such maps shall conform to the requirements of the Zoning Ordinance and applicable building regulations.

Design: Shall mean "design" as provided by Section 66418 of the Government Code.

Final Map: A map showing a subdivision for which a tentative and final map is required by the

Subdivision Map Act of this chapter, prepared in accordance with the provisions of this chapter and the Subdivision Map Act designed to be recorded in the office of the County Recorder.

Improvement: Shall mean "improvement" as provided in Section 66419 of the Government Code.

Lot: A parcel or portion of land separated from other parcels or portions by description, as

on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease, financing or separate use.

Lot Line Adjustment: A shift of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created, as approved by the City Engineer or authorized representative. A lot line adjustment may be used to effect a merger of not more than three parcels under one ownership into one parcel.

Merger: The joining of two or more contiguous parcels of land with a common lot line and under one ownership into one parcel.

Map Act: The Subdivision Map Act of the State of California.

Parcel Map: A map showing a division of land of four or less parcels as required by this ordinance, prepared in accordance with the provisions of this chapter and the Map Act, or a map required pursuant to Section 7-1-205.

Peripheral Street: An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision,

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

Secretary: Shall mean the secretary for the Planning Commission.

Subdivider: Shall mean "subdivider" as provided in Section 66423 of the Government Code.

Subdivision: Shall mean "subdivision" as provided in Section 66424 of the Government Code.

Tentative Map: Shall mean "tentative map" as provided in Section 66424.5 of the Government

Code.

Zoning Ordinance: Shall mean Zoning Code of the City of San Leandro, or any similar ordinance enacted under general police power authority.

Any reports and recommendations of the City Engineer or Secretary of the Planning Commission to the Planning Commission or City Council on any tentative parcel or final map shall be submitted to the subdivider prior to action by the Planning Commission or City Council on such reports. Notice of the time and place at which the Planning Commission or City Council shall consider any such reports and map shall be mailed to the subdivider together with copies of said reports not less than five days prior to the date on which the same shall be considered. The Secretary of the Planning Commission shall mail the notice and reports regarding Planning Commission consideration of the map and the City Clerk shall mail the notice and reports regarding City Council consideration of the map.

Article 2

Maps Required

The necessity for tentative, final, and parcel maps shall be governed by the provisions of this chapter.

A tentative and final map shall be required for all divisions of land creating five or more parcels, five or more condominiums as defined in Section 783 of the State Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

(a) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body, or

(b) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway, or

(c) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths, or

(d) Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

A parcel map shall be required for those subdivisions described in subsections (a), (b), (c) and (d), except as provided in Section 7-1-550.

A parcel map shall be required for all divisions of lands which create four or less parcels except for:

(a) Divisions of land created by short-term leases (terminable by either party on not more than
30 days notice in writing) of a portion of an operating right-of-way of a railroad corporation
defined as such by Section 230 of the Public Utilities Code, provided, however, that upon
a showing made to the City Engineer based upon substantial evidence that public policy
necessitates such a map, this exception shall not apply.

(b) Land conveyed to or from a governmental agency, public entity, public utility, or for land
conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-
of-way, unless a showing is made in individual cases, upon substantial evidence, that public
policy necessitates such a parcel map.

(c) When a lot line adjustment is approved by the City Engineer, as provided by Section
7-1-560.

(d) When the parcel map is waived by the City Engineer as provided by Section 7-1-550.

Article 3
Tentative Subdivision Maps (Five or More Parcels)

The form and content, accompanying data, filing and approval of the tentative map shall conform to the provisions of this Article and Chapter 3 of Title 12 of the San Leandro Administrative Code.

The tentative map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor and shall legibly show the information required by the City Engineer and in Chapter 3 of Title 12 of the San Leandro Administrative Code.

An application for approval of a tentative map, including a reproducible tracing of the tentative map and prints thereof, in a number as set forth in Chapter 3 of Title 12 or the San Leandro Administrative Code shall be filed with the Secretary. A fee and/or deposit in the amount established by resolution of the City Council shall be paid in accordance with said resolution. The Secretary shall forward copies of the map in a number as set forth in Chapter 3 of Title 12 of the San Leandro Administrative Code to the City Engineer for examination.

The City Engineer shall examine the tentative map to determine whether it complies with the requirements of this Chapter and applicable state laws. If the City Engineer finds that the map complies with all local and state regulations, he or she shall submit a written report to the Planning Commission containing his or her findings and recommendations. If the map does not comply with the requirements of this Chapter and applicable state regulations, the map and a report of the deficiencies shall be returned to the Secretary, who shall return the map to the subdivider with said report.

The Secretary shall examine the tentative map in relation to existing zoning, type and location of streets and improvements, utilities, proposed size and location of lots, requirements for dedications, landscaping and planting of trees, and like considerations. After he or she has examined the tentative map, and upon receipt of the engineer s report, the Secretary shall submit his or her report to the Planning Commission, together with that of the City Engineer and set the matter for action by the Planning Commission. If the Secretary determines that approval of a tentative map may result in a potential deprivation of the property rights of other landowners, he or she may set the matter for public hearing. At least five calendar days before the public hearing, he or she shall cause notice to be given of the time, date and place of said hearing, including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved. The requirement to hold a public hearing may be satisfied by the holding of a public hearing for the issuance of zoning approval or for a specific plan for the project that is the subject of the tentative map.

The Planning Commission shall act upon said map within the time prescribed by the Map Act. The action of the Planning Commission on all maps except those relating to condominium conversions shall be advisory and the Planning Commission shall recommend approval, conditional approval or shall deny the map. In the case of maps for condominium conversions, the action of the Planning Commission shall be final unless the condominium conversion is forwarded to the City Council with recommendation for approval or conditional approval. In approving or conditionally approving said map, the Planning Commission shall find that the proposed subdivision together with provisions for its design and improvements, is consistent with applicable General or Specific plans adopted by the City of San Leandro. If no action is taken by the Planning Commission within the time limit as specified, the tentative map shall be deemed to be denied.

The Tentative Subdivision Map may be denied by the Planning Commission for any reason provided by City ordinance, resolution or the Map Act.

The Planning Commission shall deny approval of the Tentative Map if it makes any of the
following findings as set forth in Section 66474 of the Map Act:

(a) That the proposed map is not consistent with applicable General and Specific plans as
specified in § 65451 of the Government Code.

(b) That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific plans.

(c) That the site is not physically suitable for the type of development.

(d) That the site is not physically suitable for the proposed density of development.

(e) That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat.

(f) That the design of the subdivision or the type of improvements is likely to cause serious
public health problems.

(g) That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of, property within the
proposed subdivision. In this connection, the governing body may approve a map if it finds
that alternate easements for access or for use will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This subsection shall
apply only to easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to a legislative body to determine
that the public at large has acquired easements for access through or use of property within
the proposed subdivision.

When a tentative map is approved or conditionally approved, the Secretary shall make a written report to the City Council. Within 10 days, or at its next succeeding regular meeting after receipt of said report the Council shall review the map and the conditions imposed by the Planning Commission. The Council shall conduct its review of the tentative map by public hearing, if the Planning Commission had conducted a public hearing on its examination of the tentative map. The Council may add, modify or delete conditions when the Council determines that such changes are necessary to insure that the tentative map conforms to zoning conditions imposed upon the property, applicable City ordinance, and the Map Act. The City Council may deny the tentative map on any of the grounds contained in Section 7-1-330. If the Council does not act within the time limits set forth in this article, the tentative map shall be deemed to have been approved or conditionally approved as set forth in the Planning Commission's report.

COUNCIL ACTION.

The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission or the City Council.

Within 24 months after approval or conditional approval of the tentative map for a subdivision, or within any extension not exceeding 18 months granted by the City Council, the subdivider may record a final map following approval of said final map by the City Council. Any failure to record a final map within said period shall terminate all proceedings, and thereafter a new tentative map shall be submitted.

Minor changes in the tentative map may be approved by the City Engineer upon application by the subdivider or on his or her own initiative, provided:

(a) No lots, units or building sites are added.

(b) Such changes are consistent with the intent of the original tentative map approval.

(c) There are no resulting violations of the San Leandro Municipal Code or of the San Leandro Administrative Code.

The amendment shall be indicated on the approved map and certified by the City Engineer.

MINOR.

Amendments of the tentative map other than minor shall be presented to the Planning Commission for approval.

Any approved amendment shall not alter the expiration date of the tentative map.

Article 4

Final Maps

The form, content, accompanying data, filing and approval of the final map shall conform to the provisions of this article, Chapter 3 of Title 12 of the San Leandro Administrative Code and the Map Act.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor and shall legibly show the information required by the City Engineer, Chapter 3 of Title 12 of the San Leandro Administrative Code and the Map Act.

A proposed final map including a number of copies acceptable to the City Engineer and accompanying data in a detail acceptable to the City Engineer shall be filed with the City Engineer.

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map, if (a) the subdivider, at the time the tentative map is filed, informs the Secretary of the subdivider's intention to file multiple final maps on the tentative map; or (b) after filing the tentative map, the Secretary and the subdivider concur in the filing of multiple final maps. In providing such notice the subdivider shall not be required to define the number or configuration of the proposed multiple maps. Upon filing the first final map, the subdivider shall define the number and configuration of the proposed multiple maps, the sequence of which shall be subject to City Council approval at the time of approval of the said first final map. The sequence of map approvals may be later amended by the City Council upon request of the subdivider or the City Engineer. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, of the approved tentative map shall have a separate subdivision number. The subdivision improvement agreement to be executed by the Subdivider shall provide for the construction of such improvements as may be required to constitute a logical and orderly development of the whole subdivision by units.

The City Engineer shall examine the final map to determine whether it conforms to the tentative map and complies with the requirements of the Subdivision Map Act and the provisions of this Chapter, and appropriate zoning approvals and whether all certificates which appear thereon, except for that of the City Engineer, City Clerk, County Recorder and County Clerk have been signed. If the map meets these requirements, and if all improvements have been completed or the subdivider has entered in an agreement with the City to complete all required improvements, secured by a good and sufficient improvement security, the City Engineer shall so certify and shall file the map with the City Clerk.

The City Council shall, at the meeting at which it receives the map, or at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of this Chapter and the Subdivision Map Act.

The City Council shall deny approval of the final map upon making any of the findings contained in Section 7-1-330 of this Chapter. The City Council shall not deny approval of the final map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final map is in substantial compliance with the previously approved tentative map.

Upon approval of the final map by the City Council and receipt of the improvement security by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map, or have an authorized agent forward the map, to the Clerk of the County Board of Supervisors for transmittal to the County Recorder. Approval shall not be final until the final map is recorded.

In addition to the amendment authorized by Section 66469 of the Map Act, after a final map is recorded, it may be modified by a certificate of correction or an amending map if the City Council finds, after a public hearing on the modification as provided in Section 66451.3 of the Map Act, that:

(a) There are changes in circumstances which make any or all of the conditions of such map no longer appropriate or necessary; and

(b) The modifications do not impose any additional burden on the present fee owner of the property; and

(c) The modifications do not alter any right, title or interest in the real property reflected on the recorded map; and

(d) The map as modified conforms to the provisions of Section 66474 of the Map Act.

Article 5

Parcel Maps

The form and content, accompanying data, filing and approval of the parcel map, shall conform with the provisions of this Article, Chapter 3 of Title 12 of the San Leandro Administrative Code and the Map Act.

The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor and shall legibly show the information required by the City Engineer, Chapter 3 of Title 12 of the San Leandro Administrative Code, and the Map Act.

A reproducible tracing of the proposed parcel map, a number of prints thereof acceptable to the City Engineer, and accompanying data in detail acceptable to the City Engineer shall be filed with the City Engineer. An examination fee and/or deposit shall be paid in the amount and in accordance with resolution of the City Council. The City Engineer shall forward a copy of the Map to the City Planner for his or her examination.

The City Planner shall examine the Parcel Map in relation to existing zoning, proposed size and location of lots, requirements of the General Plan, applicable specific plans, landscaping and planting of trees, and like considerations and shall transmit his or her findings to the City Engineer.

The City Engineer shall examine the parcel map to determine whether it complies with the requirements of this Chapter and applicable local and state laws. If the City Engineer finds that the Map complies with such requirements and after receipt of the City Planner's report, he or she shall prepare a written report for the City Council containing his or her findings and recommendations. If the Map does not comply with such requirements, the Map and a report of the deficiencies shall be returned to the subdivider with said report. The Map may be denied for any reason provided by City ordinance, resolution, or the Subdivision Map Act.

In approving the Parcel Map, the City Council may impose as conditions of filing a Parcel Map any or all (but not limited to) the following requirements:

(a) Frontage Improvements

(b) On-site Improvements

(c) Off-site Improvements

(d) Dedications

(e) Applicable Fees

(f) A Soils and/or Engineering Geology Report

These requirements shall be in accordance with the provisions of this Chapter. The subdivider
or the engineer shall be notified in writing of all the conditions imposed.

If the subdivider fails to file a completed map, including any agreements, and security required, in an acceptable form to the City Engineer within 12 months from the initial filing of the application, the application shall be considered withdrawn and a new application shall be required for proceedings to commence. This time period may be extended by the City Engineer upon written request of the subdivider for an additional period of up to 12 months.

The City Council shall act upon said Map within 60 days of the filing of a completed Map acceptable to the City Engineer unless a later time is otherwise agreed to by the City Engineer and the subdivider. The City Council shall approve, conditionally approve or deny the Map. Approval shall not be final until the Parcel Map is recorded. The Map may be denied by the City Council for any reasons provided by City ordinance, resolution or the Map Act. The City Council shall deny approval of the Map if it makes any of the findings as set forth in Section 7-1-330, herein.

Upon approval of the parcel map by the City Council and receipt of the improvement security by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map, or have an authorized agent forward the map to the County Recorder.

Amendments to the approved Map or conditions of approval thereof, prior to recordation, may be approved by the City Engineer upon application by the subdivider or on the City Engineer's initiative; provided:

(a) No lots, units, or building sites are added.

(b) Such changes are consistent with the intent of the original Map approval.

(c) There are no resulting violations of the San Leandro Municipal Code.

The revision shall be denoted on the approved Map and in writing to the subdivider, if appropriate. Any amendment shall not affect the expiration date of the approved Map. The City Engineer may require a new Parcel Map application in lieu of the above procedure when, in his or her opinion, requested changes are substantial enough to warrant refiling and reprocessing.

The City Engineer may waive the Parcel Map for the following:

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

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

(c) 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 Map Act.

Upon waiving the Parcel Map requirement, the City Engineer shall cause to be filed with the County Recorder a "Parcel Map Waiver" for the land to be divided. A Parcel Map waived by the City Engineer may be conditioned to provide for payment of parkland, drainage, and other fees by a method approved by the City Engineer.

In addition to the amendment authorized by Section 66469 of the Map Act, after a parcel map is recorded, it may be modified by a certificate of correction or an amending map if the City Council finds, after a public hearing on the modification as provided in Section 66451.3 of the Map Act, that:

(a) There are changes in circumstances which make any or all of the conditions of such map no longer appropriate or necessary; and

(b) The modifications do not impose any additional burden on the present fee owner of the property; and

(c) The modifications do not alter any right, title or interest in the real property reflected on the recorded map; and

(d) The map as modified conforms to the provisions of Section 66474 of the Map Act.

The City Engineer may approve a lot line adjustment, provided:

(a) No additional parcels or building sites have been created.

(b) The adjustment does not create the potential to further divide the parcels into more parcels than would have been otherwise possible.

(c) There are no resulting violations of the San Leandro Municipal Code.

Article 6 Soil Report

Prior to submission of a final map for a subdivision, and prior to the approval of a Parcel Map for a division of land regulated by this Chapter, the subdivider shall file with the City Engineer a preliminary soil report, prepared by a civil engineer registered by the State of California, based upon adequate test borings or excavations. The preliminary report may be waived if the City Engineer shall determine that, due to knowledge of the Public Works Department of the soil qualities of the subdivision, a preliminary analysis is unnecessary. Such determination shall be in writing and clearly state that the determination shall not be considered to be a warranty, express or implied, of the soils condition, insofar as subsequent bona fide purchasers or encumbrances of value are concerned.

If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation applicable to those lots in the subdivision deemed necessary by the City Engineer shall be required. A report of such soil investigation shall be prepared by a civil engineer registered by the State of California, and shall be filed with the City Engineer. Such report shall recommend corrective action to prevent structural damage to buildings proposed to be constructed.

The City Engineer shall accept the soil investigation report if he or she determines that the recommended action is likely to prevent structural damage to buildings proposed to be constructed. The accepted corrective action shall be incorporated in the construction of such buildings as a condition of the building permit.

Subsequent to acceptance or waiver of a preliminary soil report, the City Engineer may require test borings, excavations, a soil and geologic investigation and report, or any of them, whenever in his or her opinion the same are necessary to determine the adequacy and class of a soil, or necessary to determine the safety of any proposed construction.

Article 7

Underground Utilities

All utility distribution facilities (including but not limited to electric, communication and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be placed underground, except the following:

(a) Equipment appurtenant to underground facilities, such as pedestal mounted terminal boxes and meter cabinets, concealed ducts, substations and facilities used to carry voltages exceeding 35,000 volts.

(b) Metal poles supporting only high voltage wires, street lights, and poles or standards for public emergency communication and alarms.

The subdivider or a public utility company may request that the requirements of Section 7-1-700 be waived by submitting to the Planning Commission at the time the tentative map is filed, or within 10 days thereafter, a written statement of the reasons in support of the waiver requested.

If, at the time the Planning Commission considers a tentative map, evidence presented establishes that because of topography, soil, location or other conditions, a strict application of the requirements of Section 7-1-700 would be unreasonable or result in undue hardship to the subdivider, and that the waiver of the requirement for undergrounding, under the circumstances of the particular case, will not be detrimental to the public welfare, the Planning Commission may recommend to the City Council that the requirement of Section 7-1-700 be waived. The recommendation of the Planning Commission, together with such conditions as the Planning Commission shall deem appropriate in connection therewith, shall be forwarded to the City Council with its report on the tentative map.

If, at the time the City Engineer considers a parcel map, evidence presented establishes that because of topography, soil, location or other conditions, a strict application of the requirements of Section 7-1-700 would be unreasonable or result in undue hardship to the subdivider, and that the waiver of the requirement for undergrounding, under the circumstances of the particular case, will not be detrimental to the public welfare, the City Engineer may recommend to the City Council that the requirement of Section 7-1-700 be waived. The recommendation of the City Engineer, together with such conditions as the City Engineer shall deem appropriate in connection therewith, shall be forwarded to the City Council with its report on the parcel map.

The subdivider is responsible for making the necessary arrangements with the utility company involved for installation of the said facilities in compliance with the requirements of Section 7-1-700.

Article 8

Dedications and Reservations(Legislative History: Ordinance No. 2000-08, 6/5/00 (Sections 7-1-815, 7-1-820); Ord. No. 2025-012, 9/2/2025 (Section 7-1-815))

OF-WAY OR EASEMENTS.

As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are determined to be needed by the City Council for streets and alleys, including access rights and abutters' rights; drainage; public greenways; scenic easements; public utility easements; solar easements; and other public easements; bicycle paths; and local transit facilities. In addition, as a condition of approval of a parcel map or final map, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights; drainage; public utility easements; solar easements and other public easements.

Improvements shall be constructed in accordance with Article 9 of this Chapter.

The park and recreational facilities for which an offer of dedication of land and/or payment of a fee is required by this Article shall be in accordance with the General Plan or Specific Plans of the City of San Leandro.

As a condition of approval of a tentative map or parcel map, the subdivider shall offer to dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for neighborhood and community park or recreational purposes, according to the standards and formula contained in this Article.

As of the effective date of this ordinance, the City devotes more than three acres of property for each 1,000 persons residing within the City, to neighborhood and community park and recreational purposes. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that three acres per 1,000 persons is required to be devoted to neighborhood and community park and recreational purposes and that this requirement shall be applied to future subdivisions.

Where a neighborhood and community park or recreational facility has been designated in the General Plan or in any Specific Plan adopted for a particular area 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, the subdivider shall offer to dedicate land or, if no such dedication, pay a fee in lieu thereof, or a combination of the above, in accordance with Sections 7-1-825 through 7-1-860, for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Average Persons/Dwelling
Size of Residential Unit Unit Acreage Requirement

<500 Sq. Ft. 1.2 (Population/1000)*3

500—750 Sq. Ft. 1.5

>751—1,150 Sq. Ft. 2.3

>1,150—1,650 Sq. Ft. 3.2

>1,650—1,950 Sq. Ft. 4.1

>1,950 Sq. Ft. 5.1

Notes:
*Population = Average Persons Per Dwelling Unit multiplied by the number of dwelling units.
A credit against the amount of land to be provided shall be given for any dwelling units existing
within the proposed subdivision within two years prior to the submittal of the tentative map.
Such credit shall be determined using the above standards and formula.

(a) If there is no neighborhood or community park or recreational facility designated in the General Plan or any Specific Plan adopted for a particular area, 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 in an amount determined in accordance with the provisions of Section 7-1-835 hereof.

(b) When only a portion of the land indicated in the General Plan or Specific Plan adopted for the particular area as the site for a neighborhood or community park, is within the land to be subdivided, such portion shall be dedicated for neighborhood or community park purposes and a fee computed pursuant to the provisions of Section 7-1-835 hereof shall be paid for any additional land that would have been required to be dedicated pursuant to

Section 7-1-825 to the contrary notwithstanding, if the proposed subdivision contains 50 lots or less, the subdivider shall pay a fee equal to the value of the land as prescribed for dedication in Section 7-1-820 hereof and in an amount determined in accordance with the provisions of Section 7-1-835 hereof.

INTEREST EARNED.

(a) When a fee is required to be paid in lieu of park land dedication, the amount of such fee shall be equal to the value of the land which would otherwise be required less the credit given pursuant to this article. The value of land to be used in determining the amount of such fee shall be based upon the average estimated fair market value of the land being subdivided.

The fair market value shall be the current value as determined by the City Engineer at the time of tentative map or parcel map approval. If the subdivider objects to the fair market value determination, the subdivider may request the City to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the City and the subdivider, which appraisal will be considered by the City in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.

(b) The amount of the fee in lieu of land dedication prior to application of appropriate credits, shall in no case exceed seventy-five one hundredths percent (.75%) of the total sale price of the improved lots or condominium units within the subdivision.

(c) The City may use the interest earned on the accumulated in-lieu fees required pursuant to this Article for the maintenance of any existing park within the City.

Whether the City accepts an offer of 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 hollowing:

(a) The City's General Plan or any Specific Plan adopted for a particular area;

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

(c) Size and shape of the subdivision and land available for dedication;

(d) Feasibility of dedication;

(e) Availability of previously acquired park property.

The determination of the City as to whether land shall be offered for dedication, or whether a
fee shall be charged, or a combination thereof, shall be final and conclusive.

Where a private park and/or recreational area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, credit may be given against all or part of the requirement of land dedication or payment of fees in lieu thereof if the City Council finds that it is in the public interest to do so and that all the following standards are met:

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

(b) That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions;

(c) That the use of the private open space is 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 City;

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

(e) That facilities proposed for the open space are in substantial accordance with the provisions of the General Plan or any Specific Plan adopted for the particular area.

Where a subdivider provides park and recreational improvements to dedicated land, to existing park or recreational facilities or land, or to private park or recreational areas within the subdivision as determined from the standards set forth in Section 7-1-845, the value of such improvements together with any equipment located thereon may be credited against the required dedication of land or payment of fees in lieu thereof.

At the time of approval of the tentative map, the City Council shall determine, pursuant to Section 7-1-840 hereof whether land is to be dedicated or in-lieu fees are to be paid by the subdivider or any combination of land and fees.

The action of the City Council shall include the following determinations:

(a) The amount of land required; or

(b) That a fee be charged in lieu of land; or

(c) That land and a fee be required; and/or

(d) That a stated amount of credit be given for private park or recreation areas as determined from the standards set forth in Section 7-1-845; for public or private park and recreation facilities; and/or for unique natural and special features relating to the subdivision;

(e) The location of the park land to be dedicated or proposed use of in-lieu fees;

(f) The approximate time when development of the park or recreation facility shall commence.

At the time of the filing of the final or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the City, provided, however, that at the option of the subdivider, the subdivider may defer the payment of fees and make incremental payment thereof at the time of the close of escrow on the sale of each dwelling unit, in an amount not less than seventy-five one hundredths percent (.75%) of the sale price of the unit. In any event, the total amount of the fee in lieu of land dedication must be paid within two years of the recordation date of the final or parcel map.

Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final or parcel map and shall be recorded at the same time as the final or parcel map.

As an alternative procedure for determining whether land is to be dedicated or in-lieu fees are to be paid by a subdivider, or any combination thereof as authorized by this Article, the City may enter into an agreement with a prospective subdivider specifying the determinations set forth in

Section 7-1-855, above. The amount of land required to be offered for dedication or in-lieu fees to be charged pursuant to such agreement need not comply with the standards and formulae set forth in this Article if the City Council first makes the following findings:

(a) The amount of land to be offered for dedication or the amount of fees to be charged or any combination thereof, is consistent with the City's General Plan or any Specific Plan adopted for the area.

(b) That there are exceptional or extraordinary circumstances relating to the proposed subdivision or the development proposed therefor that justify noncompliance with said standards and formulae.

(c) That the amount of land to be offered for dedication or the fees to be charged or any combination thereof, shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

At the time of approval of the final map, the City shall specify when development of the park or recreational facilities shall be commenced.

The money collected hereunder shall be used only for the purpose of providing neighborhood or community park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the City Council deems that there is sufficient land available for the subdivision, for developing new or rehabilitating existing park or recreational facilities.

The provisions of Sections 7-1-805 through 7-1-865 do not apply to commercial or industrial subdivisions, or to condominium projects and stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. Notwithstanding the forgoing, such subdivisions may still be required to provide publicly accessible open space as required elsewhere in this Code, including the Zoning Code.

As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

The requirement of dedication 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 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.

The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(a) The cost of any improvements to the dedicated land since acquisition by the subdivider;

(b) The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

(c) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

The provisions in Sections 7-1-880 through 890 shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative maps.

In addition to any requirement for dedication as set forth elsewhere in this chapter, the subdivider shall as a condition of approval of a final map, reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in Section 7-1-897.

Where a park, recreational facility, fire station, library, public street, sewage and drainage facility, bicycle paths, transit facility, bridge necessary to provide access for vehicular or pedestrian traffic, or other public use is shown on an adopted Specific Plan or adopted General Plan containing a community facilities element, recreation and parks element and/or a public building element, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the definite principles and standards contained in the above Specific Plan or General 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 adopted Specific Plan or General 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.

(a) 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 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.

(b) The purchase price shall be the market value thereof at the time of the filing of the tentative map or parcel 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.

(c) 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.

The City may require as a condition of approval of any subdivision the waiver of direct access rights to proposed or existing streets from any property within the subdivision and abutting thereon. Any such waiver shall become effective in accordance with its provisions and shall be contained in the owners certificate of the final map or parcel map.

Article 9

Subdivision Improvements

Required public and private improvements shall be constructed or installed in accordance with the current compilation of documents entitled "City of San Leandro Subdivision Improvement Standards," three copies of which have been filed for use and examination by the public in the office of the City Clerk or such other improvement standards deemed applicable by the City Council, and plans and specifications approved by the City Engineer. Said Subdivision Improvement Standards are incorporated herein by this reference. The City Engineer is authorized and shall maintain said compilation in a current state by the removal therefrom of obsolete documents and the insertion therein of current documents, all in accordance with the best construction practices.

No final map or parcel map shall be presented to the Council for approval until the subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do such work.

The City Council may require as conditions of approval of the tentative or parcel map, the improvement on site and off site, of such public or private streets, highways, ways, or easements, or portions thereof, schools, parks, fire stations or other facilities as it shall deem necessary for traffic, drainage and sanitary needs and general welfare and safety; the installation and construction of railroad crossings and protection devices, sewage and storm drainage facilities, water supply, utilities (including gas, electricity, telephone and cable television, bicycle paths and transit facilities, bridges necessary to provide access for vehicular or pedestrian traffic, undergrounding of utilities, landscaping and planting of trees.

Requirements for construction of onsite and offsite improvements for subdivisions of four or less parcels shall be noted on the parcel map, waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the Parcel Map.

Where remainders are made part of a final map or parcel map, the City may enter into an agreement with the subdivider to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a Remainder parcel. Said improvements shall be at the developer's expense. In the absence of such an agreement, the City may require fulfillment of such construction requirements within a reasonable time following approval of the map, upon a finding that fulfillment of the construction requirements is necessary for reasons of the public health and safety, or the required construction is a necessary prerequisite to the orderly development of the surrounding area.

(a) The design and layout of all required improvements both on and offsite, private and public, shall conform to generally acceptable engineering standards and to City of San Leandro Subdivision Improvement Standards,

(b) The design of a subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure and landscaping design. Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which

may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

The requirements of this section, excluding landscape design, do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

For the purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

The subdivision shall abut upon or have an approved access to a public street. Each unit or lot within the subdivision shall have an approved access to a public or private street. Street layout shall be designed so as not to impose undue hardship upon property adjoining the subdivision. Reserve strips, or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required.

Improvement plans shall be prepared under the direction of and signed by a Registered Civil Engineer licensed by the State of California. Improvement plans shall include but not be limited to grading, storm drains, landscaping, streets and related facilities.

(a) Contents: The improvement plans shall show complete plans, profiles and details for all
required improvements to be constructed, both public and private (including common
areas). Public and private improvements shall be shown on separate plans, unless otherwise
approved by City Engineer.

Reference may be made to the City of San Leandro, Alameda County or State Standard
Plans in lieu of duplicating the drawings thereon.

(b) Supplementary Plans and Calculations: Hydrology, hydraulic plans and calculations, bond
estimates and any structural calculations as may be required, shall be submitted with the improvement plans to the City Engineer. All calculations shall be legible, systematic and
signed and dated by a Registered Civil Engineer licensed by the State of California and in
a form as approved by the City Engineer.

(c) Review by the City Engineer: The subdivider shall submit improvement plans and
computations to the City Engineer for review. The number of sets of copies shall be as set
forth in Chapter 3 of Title 12 of the San Leandro Administrative Code. Upon completion
of his or her review, one set of the preliminary plans, with the required revisions indicated
thereon, will be returned to the subdivider's engineer.

(d) Acceptance by the City Engineer: After completing all required revisions, the subdivider's
engineer shall transmit the originals of the improvement plans to the City Engineer for his
or her signature. Upon finding that all required revisions have been made and that the plans
conform to all applicable City ordinances, design review requirements and conditions of
approval of the tentative map, the City Engineer shall sign and date the public improvement
plans. The originals will be returned to the subdivider's engineer. Acceptance of the
improvement plans shall not be construed as approval of any facilities under the jurisdiction
of another agency.

Acceptance by the City Engineer shall in no way relieve the subdivider or his or her
engineer from responsibility for the design of the improvements and for any deficiencies
resulting from the design thereof or from any required conditions of approval for the
tentative map.

(e) Revisions to Approved Plans by Subdivider: Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer. Construction of any proposed revision shall not commence until revisions are accepted by the City Engineer.

(f) Revisions to Approved Plans—By City Engineer: When revisions are deemed necessary
by the City Engineer to protect public health and safety, or as field conditions may require,
a request in writing shall be made to the subdivider and his or her engineer. The
subdivider's engineer shall revise the plans and transmit them to the City Engineer.
Construction of all or any portion of the improvements may be stopped by the City
Engineer until revised drawings have been submitted.

The subdivider may appeal revisions required by the City Engineer to the City Council
by filing an appeal with the City Clerk within two working days following receipt of the
request to revise the plans.

Costs incurred by the City for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider at actual cost.

Prior to the approval by the City Council of the final map or parcel map, the subdivider shall execute and file an agreement between him or herself and the City, specifying the period within which he or she shall complete all improvement work to the satisfaction of the City Engineer, and providing that if he or she shall fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the City Engineer. Such agreement may also provide:

(a) For the construction of the improvements in subunits.

(b) For extension of time under conditions therein specified.

(c) For the financing and construction of any or all of such improvements under appropriate special assessment act proceedings, within such time as may be prescribed by the City Council.

(d) For deferring the construction of any improvement required and either providing for the subdivider's payment of his or her share of the costs of such future improvements to the City or for the subdivider's filing security in accordance with Section 7-1-950.

(e) For subdivider submitting to the City public liability and property damage insurance naming the City as an additional insured and in an amount deemed appropriate by the City and containing standard endorsements as required by the City.

All utilities and public services facilities which may be the subject of the above agreement will be warranted by the subdivider for a period of one year after the acceptance of these facilities by the City Council. The repair and correction of any defects or deficiencies due to workmanship or materials which are discovered within one year from date of acceptance by the City shall be performed by the subdivider at no cost to the City.

The subdivider shall also file with the improvement agreement, security in an amount deemed sufficient by the City Engineer to cover the cost of the improvements. An additional security in an amount required by law to secure payment to the contractor, subcontractors and to persons furnishing labor and materials or equipment shall also be required.

Such security shall be in a form acceptable to the City and of a type set forth in any of the forms of security set forth in the Map Act at the option of and subject to the approval of the City.

Upon acceptance of the subdivision improvements by the City Council, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be as determined by the City Engineer.

The City Engineer may, upon application of the subdivider, authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses. The amount of reduction of the security shall be as determined by the City Engineer; however, an no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this ordinance, the Map Act, or the improvement agreement.

(a) The performance security shall be released only upon acceptance of the improvements by the City Council and when an approved warranty security has been filed with the City Engineer.

(b) Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 of Chapter 2 of Title 15 of Part 4 of Div. 3 of the Civil Code and after acceptance or the work, be reduced to an amount equal to the amount of all claims therefor filed and of Which notice has been given to the City Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

The warranty security shall be released upon satisfactory completion of the warranty period provided:

(a) All deficiencies appearing on the warranty deficiency list for the subdivision have been
corrected.

(b) Not less than 12 months have elapsed since the acceptance of the improvements by the City
Council.

When all improvement deficiencies have been corrected and "as built" improvement plans filed, the subdivision improvements shall be considered by the City for acceptance. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

If the subdivision has been accepted by the City the City Clerk shall cause to be filed with the County Recorder a Notice of Completion.

When requested by the subdivider in writing, the City may consider acceptance of a portion of the improvements as recommended by the City Engineer. The improvements will be accepted by the City only if it finds that it is in the public interest. Acceptance of a portion of the improvements shall not relieve the Developer from any other requirements imposed by this Article.

Article 10

Reversions to Acreage

Subdivided property may be reverted to acreage pursuant to provisions of this Article and the Map Act. This Article shall apply to final maps and parcel maps.

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 City Engineer. The petition shall contain the information required by Section 7-1-1015 and such other information as required by the City Engineer.

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 City Engineer to obtain the necessary information to initiate and conduct the proceedings.

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 later; or

(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 Section 7-1-305 or this Chapter.

(f) A final or parcel map in the form prescribed by Section 7-1-400 or Section 7-1-505 of this Chapter which delineates dedications which will not be vacated and dedications required as a condition to reversion.

(g) A fee and/or deposit in the amount established by resolution of the City Council shall be paid in accordance with said resolution.

The final map or parcel map for the reversion together with all other data as required by this Article shall be submitted to the City Engineer for his or her review.

Upon finding that the petition meets with all the requirements of this Article and the Map Act, the City Engineer shall submit the final map or parcel map, together with his or her report and recommendations of approval or conditional approval of the reversion to acreage, to the City

Council for its consideration.

A public hearing shall be held by the City Council on all petitions for initiation of proceedings for reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code. The City Engineer may give such other notice that he or she deems necessary or advisable. The City Council may approve a reversion to acreage only if it finds and records in writing that:

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

(b) Either:

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

(2) 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; or

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

The City Council may require as conditions of the reversion:

(a) The owners dedicate or offer to dedicate streets, public rights-of-way or easements.

(b) 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.

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

Article 11

Parcel Mergers(Legislative History: Ordinance No. 84-06, 2/21/84)

Two or more contiguous parcels or units of land which have been subdivided under the provisions of this chapter or the 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 Article.

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.

Whenever the City Engineer or an authorized representative has knowledge that real property has merged pursuant to this Article, they shall cause to be filed 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. 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.

The Notice of Merger to be recorded shall specify the names of the record owners and describing the property to be merged.

Article 12

Vesting Tentative Maps(Legislative History: Ordinance No. 85-046, 12/16/85)

This Article is enacted pursuant to the authority granted by Chapter 4.5 (commencing with § 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Ordinance.

It is the purpose of this Article to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the Subdivision Ordinance of the City of San Leandro. Except as otherwise set forth in the provisions of this Article, the provisions of the Subdivision Ordinance of the City of San Leandro shall apply to the Vesting Tentative Map ordinance. To accomplish this purpose the regulations outlined in this Article 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.

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 and any applicable specific plan or not permitted by the San Leandro Zoning Code or applicable provisions of the San Leandro Municipal Code.

Residential Development or Residential Subdivision. "Residential development" or "residential subdivision" shall mean a subdivision for construction of residences.

Vesting Tentative Map. A "Vesting Tentative Map" shall mean a "tentative map" for a residential subdivision, as defined in the Subdivision Ordinance of the City of San Leandro, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 7-1-1225, and is thereafter processed in accordance with the provisions hereof.

(a) This Article shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Subdivision Ordinance of the City of San Leandro, 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.

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 the Subdivision Ordinance of the City of San Leandro 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:

(1) The information required under the Subdivision Ordinance of the City of San Leandro
for a tentative subdivision map;

(2) The information required under Section 7-3-644.3 of the San Leandro Zoning Code
for a planned unit development;

(3) Complete public improvement plans, acceptable to the City Engineer, for all required
work in the public right-of-way;

(4) Site plans, acceptable to the City Engineer, showing roadway details, sidewalk
details, lighting, storm and sanitary sewers, etc.;

(5) Detailed grading plans; and

(6) Necessary geological studies.

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the City Council for the filing and processing of a vesting tentative map.

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Subdivision Ordinance of the City of San Leandro for the expiration of the approval or conditional approval of a tentative map.

(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 Government Code § 66474.2. However, if § 66474.2 of the Government Code 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 in the City of San Leandro at the time the vesting tentative map is approved or conditionally approved.

(b) Notwithstanding subsection (a), a permit, approval, extension, or entitlement may be 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 in subsection (a) shall expire if a final map is not approved prior to
the expiration of the vesting tentative map as provided in Section 7-1-1235. 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 date of recordation 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 subsection (c)(1) 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 for a one-year extension at any time before the initial time
period set forth in subsection (c)(1) expires. If the extension as denied, the subdivider
may appeal that denial to the City Council within 15 days.

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

APPROVAL.

(a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Code of the City of San Leandro in existence at that time, that inconsistency shall be noted on the map.

The City shall deny such a vesting tentative map or approve it conditioned on the subdivider, or designee, obtaining the necessary change in the Zoning Code of the City of San Leandro to eliminate the inconsistency. If the change in the Zoning Code is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 7-1-1240(a) confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Code and the map, as approved.

(b) The rights conferred by this section shall be for the time periods set forth in Section 7-1-1240(c).

Notwithstanding any provision of this Article, a property owner or designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in the Section 7-1-1240(a) and Section 7-1-1245 and the City may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

Article 13

Reimbursement Agreements(Legislative History: Ordinance No. 2020-012, 12/07/21 (Section 7-1-875); Ordinance No. 2000-08, 06/05/00 (Sections 7-1-805, 7-1-815, and 7-1-820); Ordinance No. 91-013, 9/3/91 (Sections 7-1-1300—7-1-1330);)

The subdivider of any parcel or parcels of property shall construct improvements containing supplemental size, capacity, number, and length for the benefit of property not within the subdivision when determined to be necessary by the City Engineer. Such improvements shall be dedicated to the public. This Article is adopted pursuant to Government Code, Sections 66485 through 66487, inclusive.

When a subdivider is required to provide improvements of supplemental size, capacity, number or length that are in excess of the improvements necessary for the subdivision, and when such supplemental improvements benefit property not within the subdivision, then the City may, upon approval of the City Council, enter into a reimbursement agreement with the subdivider pursuant to this Article.

Prior to the execution of a reimbursement agreement pursuant to this Article, the City Engineer shall prepare and submit to the City Council a report describing in detail the property outside the subdivision which is benefited by the supplemental improvements required by the City, and recommending apportionment of the costs of such improvements based upon the benefit to such property outside the subdivision. The recommended apportionment of costs shall be made on the basis of frontage upon such improvements, acreage served by such improvements, or any other formula rationally related to actual benefit.

The City shall provide notice of the Engineer's report and recommend apportionment of costs as follows:

(a) Notice shall be provided to the owners of all property identified in the Engineer's report as
benefiting from the supplemental improvements, as determined on the last equalized
assessment roll.

(b) Said notice shall state:

(1) That the owner's property has been identified as benefiting from the supplemental
improvements;

(2) The amount of costs apportioned to that owner's property by the Engineer's report;

(3) That the City may collect from the owner the amount of costs finally apportioned to
the owner's property;

(4) That, unless the consent of all property owners identified as benefiting from the
supplemental improvements is filed with the City, a public hearing will be held to determine the final apportionment of costs;

(5) The time, date, and location of said hearing.

(c) If all affected property owners file consent to the Engineer's apportionment of costs, no
hearing shall be held and the apportionment of costs contained in the Engineer's report shall
be final.

Prior to the execution of a reimbursement agreement, the City Council shall, unless consent of all affected property owners is filed with the City, hold a public hearing to determine benefits and apportion costs to each parcel of property outside the subdivision which benefits from the supplemental improvements. At said hearing, the City Council shall consider the Engineer's report, and may adopt the report's apportionment of benefits and costs, or the Council may adopt its own final apportionment of benefits and costs so long as said apportionment is rationally related to the benefits received by the benefiting properties.

Any reimbursement agreement entered into pursuant to this Article shall include the following provisions:

(a) The City shall make reimbursement to the subdivider in an amount to be determined by the City. Said reimbursement shall be measured by the difference between the cost of improvements constructed for the subdivision developed by subdivider and the total cost of improvements constructed by subdivider.

(b) City shall be obligated to make reimbursements to subdivider only when and as City obtains funds from benefiting property owners as such benefiting property owners improve their property.

(c) Any funds paid by benefiting property owners to the City need not be paid by City to the subdivider until the limitations period has expired and no legal action has been filed for legal action to seek a refund of such funds paid under protest. In the event such court action is instituted, City shall not pay such funds to the subdivider until the court action is finally decided and the authority of the City to collect such charges has been sustained.

(d) The City shall have the right to turn over to the subdivider the defense of any action by a benefiting property owner seeking refund of amounts paid under protest. If the subdivider fails to undertake the defense of the action at subdivider's own expense, the City may stipulate to a return of the funds to said benefiting property owner, and the City shall not be further obligated to subdivider as to any such funds so refunded. In the event a court action is maintained to prevent the City from collecting funds from benefiting property owners, the City shall have the right to turn over to subdivider the defense of that action, and subdivider shall agree to hold the City harmless from any and all liability thereunder. In the event the subdivider fails to undertake defense of the action at subdivider's sole expense, the City may stipulate to cease collecting such funds, or enter into any other settlement of the litigation acceptable to the City, and subdivider shall lose any right to reimbursement under the reimbursement agreement.

(e) The reimbursement agreement shall provide for reimbursement of all funds without interest, unless the Council otherwise determines. Under no circumstances shall the City be

deemed liable for any funds not collected from benefiting property owners.

In order to pay the costs provided for in the reimbursement agreement, the City may:

(a) Collect from other persons, including public agencies, using such improvements for the
benefit of real property not within the subdivision, a reasonable charge for such use.

(b) Contribute to the subdivider that part of the cost of the improvements that is attributable to
the benefit of real property outside the subdivision, upon a determination by the City that it
is in the public interest so to do. The City shall thereafter levy a charge upon the real
property benefited to reimburse itself for such cost, together with interest thereon, paid to
the subdivider.

(c) Establish and maintain local benefit districts for the levy and collection of such charge of
costs from the property benefited.

CHAPTER 7-2
(RESERVED)
(Legislative History: Chapter 2, Signs, previously codified herein and derived from Ordinance
Nos. 70-32, 6/15/70; 72-7, 2/14/72; 72-34, 6/12/72; 73-47, 7/30/73; 74-30, 6/3/74; 74-59, 9/23/
74; 74-63, 11/4/74; 75-42, 8/11/75; 75-52, 12/15/75; 76-6, 3/22/76; 82-088, 11/15/82; 84-020,
10/1/84 and 85-033, 3/18/85 was repealed in its entirety by Ordinance No. 95-037, 11/6/95
(Sections 7-2-100—7-2-1000))