Article 22-4 — REQUIREMENTS

As a condition of approval of a subdivision map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, recreational trail easements, and other public easements. The City Council may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a subdivision map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the Subdivision Map Act with respect to the waiver of direct access.

(Ord. #78-277, § 19)

As a condition of approval of the final subdivision map, a subdivider may be required to dedicate or make an irrevocable offer to dedicate access to public resources in accordance with the provisions of Article 3.5 of Chapter 4 of the Subdivision Map Act.

(Ord. #78-277, § 20)

a.

Requirements. As a condition of approval of a subdivision map, the subdivider may be required to reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public

uses according to the standards and formulae contained in this subsection.

b.

Standards and Formula for Reservation of Land. Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element or a public building element, the subdivider may be required by the City to reserve such sites as may be determined by the City in accordance with the definite principles and standards contained in the above specific plan or general plan applicable thereto. 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 applicable 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.

c.

Procedure. The public agency for whose benefit an area has been reserved shall at the time of approval of the final tract map or parcel map enter into a binding agreement to acquire such reserved area within two (2) 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 subdivision 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.

(Ord. #78-277, § 21)

a.

Prior to filing any final subdivision map, the subdivider shall pay or cause to be paid any required fees for defraying the actual or estimated cost of constructing master planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas as shown in the Master Plan of Drainage adopted by the City Council by Resolution No. 73-298, adopted on May 17, 1973, and planned sanitary sewer facilities for local sanitary sewer areas established pursuant to Section 66483 of the Government Code. The Master Plan of Drainage fees shall be as designated by subsection 22-3.4 of this chapter.

b.

Prior to the issuance of a building permit for construction, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this chapter for the purpose of defraying the actual or estimated cost of constructing master planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas as shown in the Master Plan of Drainage and planned sanitary sewer facilities for local sanitary sewer areas established pursuant to Section 66483 of the Government Code. The Master Plan of Drainage fees shall be as designated by subsection 22-3.4.

c.

Notwithstanding the provisions of paragraph a. above, payment of such fees shall not be required for:

1.

The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel or structures accessory thereto, or both, on the same lot or parcel of land; provided, the total value, as determined by the Building Official, of all such alteration, enlargement or construction completed within any one-year period does not exceed one-half of the current market value, as determined by the Building Official, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by Section 501 of the Uniform Building Code.

2.

The following accessory buildings and structures: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, and other buildings which are accessory to one-family dwellings.

(Ord. #78-277, § 22)

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

(Ord. #78-277, § 23)

At the time of the making of the survey for a final subdivision map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8711 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. In addition, the following shall be required:

a.

A two (2) inch iron pipe (or larger) shall be found or set at or near each tract boundary corner.

b.

Lot corners shall be monumented with three quarter (¾) inch iron pipes (or larger) or be approved offset monuments. In condominium type projects where walls or structures define the lot lines, no corner monuments need be set.

c.

Orange County Surveyor Type "A" and "B" Well Monuments shall be set where applicable.

d.

Centerline points of control shall be monumented with not less than eight (8) inch spikes and tags.

All monuments necessary to establish the exterior boundary of the subdivision shall be set or referenced prior to recordation of the final map. Interior monuments need not be set at the time the map is recorded, provided the provisions of Government Code Section 66496 have been complied with.

(Ord. #78-277, § 24)

ARTICLE 22-5. - IMPROVEMENT SECURITY