Chapter 16.32 — FEES AND SECURITY

16.32.010 - Dedication of Land or Payment of Fees for Park and Recreation Purposes.

A.

This section is enacted pursuant to authority granted by the Map Act (Section 66477, "Quimby Act"). The provisions of this section shall not apply to subdivisions containing less than five (5) parcels or to subdivisions not used for residential purposes.

B.

At the time of submittal of a Tentative Map, the applicant shall clearly depict the location and the amount of open space being proposed.

C.

Each subdivider of land classified by the city for, or otherwise proposed for, residential use shall, as a condition to filing a final subdivision map, dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park or recreational purposes. In accordance with the Map Act (Section 66477(b)), land or fees required under this section shall be conveyed or paid directly to the city.

D.

The city shall determine if it will accept the proposed land, in fee, for meeting the provisions of this Code.

E.

Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use and shall meet all criteria established by the city.

F.

For limitations and exclusions from this article, refer to the Government Code Section 66477.

G.

The amount of land to be dedicated or fees to be paid in lieu thereof shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the subdivision.

H.

In accordance with the Government Code Section 66477(a)(2), the amount of land to be dedicated shall be calculated according to the following formula:

A x B = Land to be dedicated

1.

"A" means the park and recreation area required per dwelling unit, based on the type of dwelling units of the proposed subdivision and the park area per 1,000 city residents, which is calculated as follows:

a.

The park area of the city is determined to be three (3) acres per one thousand (1,000) people, or .003 acres per person.

b.

The park and recreation area required per dwelling unit is established as follows:

i.

Single-Family Development. For dwelling units to be constructed as single-family development each unit is assigned 3.78 people. Therefore, A = 3.78 x .003 = 0.01134 acres per unit

ii.

Multi-Family Development. For dwelling units to be constructed as multi-family development, each unit is assigned 3.69 people. Therefore, A = 3.69 x .003 = 0.01107 acres per unit.

iii.

Mobile Home Development. For mobile homes, each unit is assigned 2.4 persons. Therefore, A = 2.4 x .003 = 0.0072 acres per unit.

2.

"B" means the number of dwelling units in the proposed subdivision. For the purpose of this section, the number of dwelling units in the proposed subdivision shall be determined as follows:

a.

Single-Family Development. The number of dwelling units shall equal the number of parcels indicated on the Final Map.

b.

Multi-Family Development. The number of dwelling units shall equal the number of dwelling units proposed, or the maximum number of dwelling units allowed in that zone district if the actual number of units is not known.

c.

Condominium Development. The number of dwelling units shall equal the number of condominium units indicated on the Final Map, or the maximum number of dwelling units allowed under that zone if the Final Map does not indicate the number of units.

I.

If the fees are paid in lieu of land dedication, such fees shall be equal to the then-current Parkland Dedication In-Lieu Fee.

J.

Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty (50) percent, may be given against the requirements of land dedication or payment of fees in lieu thereof if the council finds that it is in the public interest to do so and that all the following standards are met:

1.

That yards, court areas, setbacks and other 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.

2.

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

3.

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 the property and which cannot be defeated or eliminated without the consent of the city or its successor.

4.

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.

5.

That facilities proposed for the open space are in substantial accordance with the provisions of the General Plan.

K.

At the time of approval of the tentative subdivision map, the council shall determine, pursuant to subsection H of this section, the land to be dedicated and/or fees to be paid by the subdivider. At the time of the filing of the final subdivision map, the subdivider shall dedicate the land or pay the fees as previously determined by the council. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final subdivision map and shall be recorded contemporaneously with the final subdivision map.

L.

At the time of approval of the final subdivision map, the council shall specify how and when it will use the land or fees or both to develop park or recreational facilities. Any fees collected under this title shall be committed within five (5) years after the payment of such fees or the issuance of building permits on onehalf (½) of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they

al subdivision map, the council shall specify how and when it will use the land or fees or both to develop park or recreational facilities. Any fees collected under this title shall be committed within five (5) years after the payment of such fees or the issuance of building permits on onehalf (½) of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they

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.

(Ord. No. 642, § 3, 5-23-2022)

Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface waters and stormwater from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Section 66483 of the Government Code.

(Ord. No. 642, § 3, 5-23-2022)

Filing fees as established by resolution of the council shall be paid at the time of filing of applications. No refund of filing fee shall be made for any map or portion thereof deleted, withdrawn, or abandoned.

(Ord. No. 642, § 3, 5-23-2022)

16.32.040 - Checking and inspection fees.

A.

The subdivider shall pay a fee as established by council resolution for checking the improvement plans and inspecting all proposed improvements controlled by the city prior to the submission of the final map to the council.

B.

The fees established by this section shall be based on reasonable improvement cost estimates made by the city engineer. No adjustment in or refund of such fees shall be made once the fees have been paid; except when a final map is withdrawn, or a reversion to acreage map is recorded, the unexpended portion of the required fee may be refunded upon written request made by the subdivider to the council.

C.

The council may retain qualified consulting engineers for the performance of any part of the inspection services and may pass on consulting costs to the developer.

D.

In the event the council permits the required improvements to be financed by proceedings under an appropriate special assessment act as provided for in Section 66462 (a)(2) of the Subdivision Map Act, the fees required by this section may be included as an incidental expense of such proceedings. The subdivider shall be refunded the amount of the fees required by this section to the extent that moneys for the inspection of improvement construction are available in the moneys provided by the special assessment act proceedings.

(Ord. No. 642, § 3, 5-23-2022)

Fees, as provided by Sections 27361 and 27372 of the Governmental Code, shall be paid to the city clerk to defray the costs of recording of any final map, parcel map, or certificate of waiver.

(Ord. No. 642, § 3, 5-23-2022)

Agreements and requirements referred to in this chapter shall be accompanied by security to guarantee performance as follows:

A.

Improvement security in the amount of one hundred (100) percent of the total estimated cost of all required work as indicated in the agreement or requirements for the purpose of securing the performance of the work.

B.

Improvement security in the amount of one hundred (100) percent of the estimated cost of all required work to secure payment to the contractor, his or her subcontractors, and to persons renting equipment or furnishing labor or materials for such improvements.

C.

Improvement security to secure the maintenance for a period of one (1) year after the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of the agreement with the council or the performance of the act. The security shall not exceed an amount equal to twenty-five (25) percent of the estimated cost of furnishing and installing the facilities. This security shall be in addition to any warranty required of the manufacturer.

D.

Improvement security to secure the maintenance of a private road for a period of one (1) year after the acceptance thereof against any defective work or labor done or defective material furnished in the construction of the private work which security shall be in an amount equal to the construction cost thereof.

E.

Security in the amount equal to the estimated cost of placing all monuments and lot corners not set at the time the final map is filed.

F.

Security in the estimated amount of taxes and special assessments collected as taxes that are a lien but which are not yet payable as referred to in Section 66493 of the Subdivision Map Act.

(Ord. No. 642, § 3, 5-23-2022)

The form of security shall be one, or any combination, of the forms identified in Section 16.30.160.

(Ord. No. 642, § 3, 5-23-2022)

If the subdivider fails to complete the improvements in the time specified or an extension thereof, the council may take appropriate legal action against the subdivider and his or her security, with or without first causing such improvements to be completed. In the event the security is insufficient to pay the full cost of the improvements, the subdivider shall be liable for any balance.

(Ord. No. 642, § 3, 5-23-2022)

It shall be the duty of the city engineer to inspect all improvements installed and monuments set as to their compliance with this title and city standards. No security given for faithful performance of such work shall be exonerated from the agreement referred to herein until and unless the city engineer certifies its compliance.

(Ord. No. 642, § 3, 5-23-2022)

A.

Security given for faithful performance of any act or agreement shall be released upon the final completion of the act or the work encompassed by the agreement and the acceptance of the act or work by resolution of the council.

B.

Security securing payment to the contractor, his or her subcontractors, and to persons furnishing labor, materials or equipment shall, six (6) months after the performance of the act or completion of the work and its acceptance by resolution of the council, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the council; and if no such actions have been filed, the security shall be released in full.

C.

Such release shall not apply to any required guarantee and warrantee period, nor to the amount of the security deemed necessary by the council for such guarantee and warrantee period, nor to cost and reasonable expenses and fees, including reasonable attorney's fees.

D.

In all cases where the performance of the obligation for which the security is required is subject to the approval of another agency, the council shall not release the security until the obligation is performed to the satisfaction of such other agency. Such agency shall have two (2) months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.

(Ord. No. 642, § 3, 5-23-2022)

Chapter 16.34 - DEFINITION OF TERMS

16.34.010 - Generally.

The definitions and meanings of the words and phrases used in this title shall be as defined in the Subdivision Map Act. "May" indicates an action which is permissive and "shall" indicates an action which is mandatory. All words in the singular shall include the plural, the plural, the singular. Each gender shall include the other. Each tense shall include the other tenses.

(Ord. No. 642, § 3, 5-23-2022)

16.34.020 - Definitions.

"Abut" means to be contiguous to and in actual contact along a common line.

"Access road" means a road which connects a subdivision to a public road.

"Alley" means a public thoroughfare for the use of pedestrians and/or vehicles, producing only a secondary means of access to the abutting property.

"Applicant" means the property owner or his/her authorized agent or contractor who is requesting approval of a project.

"Approved" means approved by the council or by the department having jurisdiction on such matters, unless otherwise specified.

"Approved private road" means a strip of land approved by the council for road purposes, which has not been dedicated or accepted as a public road and which connects a parcel of land with a public road.

"Arterial," "collector," "local collector" and "local" mean a road designated as such in the circulation element of the General Plan of the City of Woodlake, adopted by the council.

"Building official" means the building official of the City of Woodlake, or his/her designee.

"Building setback area, front" means an area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and a structural setback line parallel thereto. On corner lots, the shortest street frontage shall be the front building setback area.

"Building site" - see "lot."

"Building setback area, rear" means an area extending across the full width of the lot between the rear lot line and a setback line parallel thereto.

"City" means the City of Woodlake, California.

"City engineer" means the city engineer of the City of Woodlake, or his/her designee.

"Clerk" means the city clerk for the City of Woodlake, or his/her designee.

"Commission" means the city planning commission.

"Community apartment" means an undivided interest in common in the land coupled with the right of exclusive occupancy of an apartment unit which is part of a community apartment project.

"Community development director" means the community and economic development director of the City of Woodlake, or his/her designee.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store.

"Council" mean the city council of the City of Woodlake.

"County recorder" means the county recorder of the County of Tulare.

"Cul-de-sac" means a road which terminates in a permanent turnaround and which by design is not intended to continue beyond its terminal point.

"Dead-end road" (stub road) means a road which is terminated at the boundary line of the subdivision, but which will be required to be extended at a later date to provide access to abutting land.

"Dedicated road" means a right-of-way dedicated to the city for road purposes, and legally accepted as such by the city.

"Design" means:

A.

Street alignments, grades, and widths.

B.

Drainage and sanitary facilities and utilities, including their alignments and grades.

C.

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

D.

Fire roads and firebreaks.

E.

Lot size and configuration.

F.

Traffic access.

G.

Grading.

H.

Land to be dedicated for park or recreation purposes.

I.

Such other specific requirements in the plan and configuration of the subdivision ensure conformity to or implementation of the General Plan or adopted specific plans.

"Designated remainder" means any unit or units improved or unimproved land not divided for the purpose of sale, lease, or finance and designated as remainder by a subdivider for purposes of Section 66424.6 of the Subdivision Map Act.

"Dividing strip" means a separation between opposite directional flows of traffic. It may also serve to separate a road or highway from the parallel frontage road which provides access to property.

"Double frontage lot" (or through lot) means a lot having frontage on two (2) roads and having the right of access to both of those roads but excluding corner lots.

"Dwelling unit" means a group of rooms or a single room with kitchen facilities occupies or intended for occupancy as separate living quarters by a family or other group of persons living together, or by a person living alone, irrespective of the age of the occupant or occupants.

"Easement for public road" means a right-of-way offered to the city for road purposes by a division of land. upon acceptance by the city, it is deemed a city road.

"Existing lot or building site" means a designated lot or contiguous lots on a lawfully established subdivision map or record of survey so existing upon the effective date of the ordinance codified in this title, or a whole parcel of land under separate ownership so existing upon the effective date of the ordinance codified in this title, or such a lot or separate parcel of land thereafter lawfully created.

"Final map" is the official map which is recorded by the county recorder indicating the divisions of land within the subdivision.

"Flood hazard" means a hazard to land or improvements due to seasonal inundation or to overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses.

"Freeway" means a highway for through traffic with full control of access and generally with grade separation at intersections.

"Frontage" means that portion of a parcel of property which abuts on a public or approved private road.

"Frontage road" (service road or outer highway) means those roads which parallel freeways, highways, or other major streets, providing for access to abutting property or for circulation, and which are separated from the highway or street by a dividing strip.

"General Plan" means the General Plan of the City of Woodlake, adopted by the city council containing statement of policies, including text and diagrams, setting forth objectives, principles, standards, and plan proposals, for the future physical development of the city.

"Improvement" refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map or parcel map.

Improvement also refers to such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the council, or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the General Plan, or any approved specific plan.

"Improvement plans" means the plans, profiles, cross sections, and specifications of all proposed improvements, including the information required by Chapter 16.30.

"Improvement standards" means the same as standard specifications, as set forth in Chapter 16.30.

"Local road" means any public road that is used or is intended to be used for the principal purpose of serving as access to abutting property.

"Lot" means:

A.

A parcel of real property with a separate and distinct number or other designation shown on a subdivision map recorded in the office of the county recorder; or

B.

A parcel of real property delineated on an approved record of survey map or parcel map as filed in the office of the county recorder and, if required by Title 18 of this code, abutting at least one (1) public road or approved private road.

"Inundation" means ponded water or water in motion of sufficient depth to damage property due to the presence of the water or to deposits of alluvium.

"Lot line" means any line bounding a lot as herein defined.

"Lot line adjustment" means the relocation of an interior lot line between two (2) to four (4) adjacent parcels, where the land taken from one (1) parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.

"Merger" means the joining of two (2) or more contiguous parcels of land under one (1) ownership into one (1) parcel.

"Parcel map" means a map showing a subdivision of four (4) or fewer parcels, as required by the subdivision act and this chapter, prepared in accordance with the provisions of the Subdivision Map Act and this chapter, and designed to be filed for recordation in the office of the county recorder. This excludes a remainder parcel and may be greater than four (4) parcels if certain exceptions apply.

"Person" means person, firm, corporation, or organization.

"Planned development" means a subdivision consisting of one or more planned developments as said term is defined in Business and Professions Code section 11003.

"Planning commission" means the planning commission of the City of Woodlake, duly appointed in accordance with Section 2.24.020 of the Woodlake Municipal Code.

"Private road" means the same as approved private road.

"Public road" means any state highway, county or city street, avenue, highway, or road system of the public agency having jurisdiction thereof or to be included within the maintained road system by agreement between the agencies and the subdivider.

"Restricted access strip" means a strip of land not less than one (1) foot in width for the purpose of regulating access to part-width and dead-end roads until such time as such roads may be completed or extended.

"Secretary of the planning commission" means the secretary of the planning commission of the city, duly appointed by the council, and includes staff designated or assigned to the review of subdivision maps.

"Specific plan" means a plan for a specific area designated by the council, including all detailed regulations, conditions, programs, and proposed legislation which shall be necessary or convenient for the systematic implementation of each element of the General Plan.

"Standard specifications" means the design and improvement requirements established by the council applicable at the time of approval of a tentative subdivision map or tentative parcel map and as set forth in the city standard specifications manual or any amendments thereto.

"Street, arterial" means a street that is used or is intended to be used as the principal route of traffic flow, connecting areas of major traffic generation to highways and county roads.

"Street, collector" means a street that is used or is intended to be used for the principal purpose of collecting traffic from local streets and transferring it to arterial streets or highways.

"Street, dedicated" means a right-of-way dedicated to the city and legally accepted by the city council for public use as a street.

"Street, local" means any street other than a collector street, arterial, or freeway that provides direct access to abutting properties and serves local versus through traffic. Also used to mean a street that is used or is intended to be used for the principal purpose of serving as access to abutting properties.

"Street, public" means any street which is dedicated or proposed to be dedicated for public use and is maintained or proposed to be maintained by the city or the county or the state.

"Stub road" (dead-end road) means a road which is terminated at the boundary line of the subdivision, but which will be required to be extended at a later date to provide access to abutting land.

"Subdivider" means a person, firm, corporation, partnership, or association who proposed to divide, divides, or causes to be divided, real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity are not subdividers.

"Subdivision," for the purposes of this chapter, means a division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment role as a unit or as contiguous units for the purpose of sale, lease, or financing whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if parcels are separated by roads, streets, utility easements, or railroad right-of-way. Subdivision includes a condominium project as defined in Section 1350 of the Civil Code of the state or community apartment project as defined in Section 11004 of the State Business and Professions Code. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

"Subdivision Map Act" means the Subdivision Map Act of the State of California, Government Code section 66410 et seq., inclusive, as that act currently provides or is subsequently amended.

"Tentative map" refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it. It need not be based upon an accurate or detailed final survey of the property.

"Tentative parcel map" refers to a map meeting the requirements of Section 16.12.010 and made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it. It need not be based upon an accurate or detailed final survey of the property.

"Vesting tentative map" means a map which meets the requirements of a tentative map as described in this title and Government Code Section 66498.1. and has conspicuously printed on its face the words "vesting tentative map."

(Ord. No. 642, § 3, 5-23-2022)