Woodlake Municipal Code Ch. 16.32 Fees and Security

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 one-half (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)

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)