The procedure for satisfying this subchapter shall be as provided in the Subdivision Map Act, Cal. Gov't Code § 66473 et seq.
(A) Dedication requirements. As a condition of approval of a 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 and alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, and install all required facilities in drainage, public utility easement and other public easements as required by the general plan, or any specific plan adopted pursuant thereto.
(B) Improvements. The subdivider shall be required to furnish, construct, install and convey ownership to the city or other agency or utility by his development. These improvements shall include all standard improvements, required by this chapter and general plan and/or specific plan adopted pursuant thereto, including, but not limited to, curbs and gutters, sidewalks, street lights, street tress, pavement, survey monuments, storm drainage facilities, seers, electrical gas and water system, including fire hydrants and appurtenances, and any other improvements as may be required as a condition of approval of the final or tentative or revised map. All improvements shall be in conformance with city-adopted standards.
(C) Additional dedications. On major and secondary thoroughfares, the advisory agency may require additional dedications of rights-of-way or easements for landscaping, pedestrian paths and the like. Such dedication shall be improved with permanently irrigated landscaping with decorative masonry walls or berming to screen lots abutting such arterials in accordance with the scenic highway elements of the general plan and city policy.
(D) Sunlight on solar easements. Sunlight easements to assure each parcel or unit in a subdivision the right to receive sunlight for any solar energy system, may be required, provided that all the following are submitted for city approval.
(1) Specific standards to determine the exact dimensions and location of such indicated easements, which standards shall be applicable to the entire subdivision.
(2) Specific regulations on any restrictions on vegetation, buildings and other objects which have the capability of obstructing the passage of sunlight through the easement.
(3) Specific terms or conditions, if any, under which an easement may be revised or terminated.
(E) Waiver of direct access to streets. The advisory agency 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 final map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the waiver of direct access.
(F) School site dedication requirements.
(1) As a condition of approval of a final map, a subdivider who develops within the city shall dedicate, if required, to the school district such lands as the City Council shall deem to be necessary for the purpose of construction thereon of schools necessary to assure the residents of the subdivision adequate elementary school service.
(2) Procedure. The requirement of dedication of school lands 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 affected 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.
(3) Payments. Payments to subdivider for school dedications shall be made in accordance with the requirements of the Subdivision Map Act.
(4) Other school site requirements. The provision for school site dedication set forth above shall not be exclusive, but shall be cumulative and additional to any other provision for school site dedication, or payment of fees in lieu thereof, which may be duly adopted by the City Council, including as example and not as limitation, the provisions of the Cal. Gov't Code § 65970 et seq.
(G) Reservation requirement.
(1) As a condition of approval of a map, the subdivider shall reserve, if required, sites appropriate in area and location for recreational facilities, fire stations or other public uses according to the standards, formula and procedures contained in this chapter and the Subdivision Map Act.
(2) Where recreational facilities, a fire station or other public use is shown on an adopted general plan element, the subdivider may be required by the city to reserve sites as determined by the city.
(H) Storm drain facilities fee. Concurrent with the filing of any final or parcel map for residential development, and application for building permits for any commercial development, the subdivider or owner or developer of a lot shall pay or cause to be paid a storm drain facilities fee as established pursuant to the city’s impact fee ordinance (§§ 33.065 et seq. )
(I) Road, bridge and thoroughfare fee. Notwithstanding the provisions of any other provisions of this Code to the contrary, and specifically in addition to the provisions of §§ 156.130 et seq., upon application for a building permit, the subdivider or owner of a lot shall be required to pay or cause to be paid a road, bridge and thoroughfare fee as established pursuant to the city’s impact fee ordinance (§§ 33.065, et seq.).
(J) Maintenance of private improvements. Prior to the approval of any final or parcel map, or prior to the issuance of any building permit, the subdivider or owner of property to be subdivided which will create private streets, common recreation and/or open space areas, shall provide the city with adequate assurance of its continued future maintenance pursuant to city policy.
(K) Traffic signal fees.
(1) Prior to application for a building permit, the subdivider or owner of a lot or developer shall be required to pay or cause to be paid the following fees for defraying the actual or estimated of construction of any traffic signal related to the project. The fees shall be $24.93/SFR and $2.50/trip for all others. In the event this section becomes effective after recording of a final map, fees for residential development shall be payable upon application for a building permit.
(2) Notwithstanding any of the provisions of this section, no fee shall be payable on account of construction of additional space to an existing single- family dwelling. Credits may be negotiated with developments covered by assessment districts or Mello-Roos Community Facilities Districts.
(3) Such fees shall be adjusted automatically (increased or decreased) annually on July 1 of each year pursuant to the Engineer News Record Cost Construction Index – Los Angeles.
(L) Supplemental improvements.
(1) Required. 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 or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed pursuant to the provisions of the Subdivision Map Act 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.
(2) Supplemental improvements reimburse-ment agreement; funding procedures. No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of this chapter is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. In addition to any other notice required by law, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten days prior to the date established for hearing.
(M) Soils reports.
(1) For all divisions of land for which a soils report is not otherwise required by the Subdivision Map Act, adequate tests may be required by the Director of Community Development. The soils reports, to be done by a civil engineer registered in this state, and based upon adequate test borings may be required at the time of submission for consideration of a tentative tract or parcel map, or may be postponed by the Director of Community Development to be submitted at the time of, and in connection with, the final map.
(2) A preliminary soils report may be waived by the Director of Community Development if he finds there is sufficient data available in the city files concerning the soils qualities in the proposed area that a preliminary soils report is unnecessary.
(3) If the city has knowledge of, or the preliminary soils report indicates, the presence of soils problems which would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the advisory agency. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.
(4) The advisory agency may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed, and a condition to theissuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.
(N) Survey monument.
(1) The subdivider shall conform to the Land Surveyors Act as to the setting of monuments or ties. For the purpose of this section, the following shall be deemed as meeting the requirements of Cal. Bus. & Prof. Code §§ 8771, 8771.5 and 8772 (Land Surveyors Act):
(2) All rear lot corners shall be marked by a one-inch iron pipe, properly tagged, 18 inches long, set six inches below ground level. All corners of lots fronting on streets shall be marked by an offset lead and tag set in the permanent concrete curb. Such offset shall be noted on the subdivision map.
(3) All corners of subdivision shall be marked on one-inch iron pipes, properly tagged, 30 inches long, set six inches below the ground.
(4) All public street intersection centerlines and all beginnings and endings of curves on streets shall be monumented by means of city standards monuments set in hand holes provided by the subdivider. All other street intersection centerlines and beginnings and endings, or points of intersection that fall within the pavement of all curves, shall be monumented using Standard Riverside County type "B" monuments set flush with street tied to lead and tag set in permanent concrete curbs. Notes for these ties shall be provided to the city on standard survey note paper, 8½ by 11 inches.
('61 Code, 19.17) (Ord. 852, passed - - ; Am. Ord. 921, passed - - ; Am. Ord. 950, passed - - ; Am. Ord. 1422, passed 5-4-05; Am. Ord. 1423, passed 5-18-05; Am. Ord. 1426, passed 6-1-05; Am. Ord. 1438, passed 6-15-05; Am. Ord. 1463, passed 5-17-06) Penalty, see § 10.99
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