(A) If the subdivider of a tentative map is required to construct off-site improvements on land in which neither the subdivider nor the city has sufficient title or interest to allow construction, one of the following shall apply:
(1) The subdivider shall acquire all off-site interests in property required and provide written evidence to the city of such acquisition.
(2) If the subdivider, after a good faith effort, is unable to acquire the property, the city shall, within 120 days of filing of the final map, acquire by negotiation or commence condemnation of the land, in substantial compliance with the procedures set forth in Cal. Gov’t Code § 7260, or the city shall waive the condition for the off-site construction.
(B) Notwithstanding division (A) of this section, should the City Engineer find, based on substantial evidence, that the subdivision design incorporates an alternative that would comply with city standards in the absence of the off-site improvement, the acquisition of off-site property shall not be required.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)