The final tract or parcel map shall conform to the approved tentative tract or tentative parcel map, and to the requirements and conditions contained in the report approving the tentative tract or parcel map. No final tract or parcel map shall be accepted by the City Engineer unless a tentative tract or tentative parcel map has been approved by the designated authorities.
The final tract or parcel map shall be filed with the City Engineer. The Subdivider shall submit to the City engineer the required number of prints and one (1) linen. Final tract and parcel map checking fees will be paid directly to and in the amount specified by the City Engineer at the time of submittal. Additional fees will be paid to the City of Lakewood through the Public Works department, in an amount specified by Resolution.
The final tract or parcel map shall be drawn in accordance with an accurate survey of the subdivision, the tentative tract or parcel map, and any conditions of approval, the provisions of this Chapter, and the Subdivision Map Act.
[Amended 11-11-2025 by Ord. No. 2025-3]
The title sheet of each final tract or parcel map shall contain a title to the satisfaction of the City Engineer, consisting of the number of the subdivision, also the words "in the City of Lakewood"; also, except in the case of a reversion to acreage, a subtitle consisting of a description of all of the property being subdivided, by reference to such map or maps of the property shown thereon as shall have been previously recorded, or shall have been previously filed with the County Clerk pursuant to a final judgment in any action in partition, or shall have been previously filed in the office of the County Recorder under authority of Title 7, Division 3 of the Government Code, or by reference to the plat of any United States survey. When necessary for greater clarity or definiteness, supplemental reference may be made to any other map on file in the office of the County Recorder. Each reference, in such description, to any tract or subdivision shall be spelled out and worded identically with the original record thereon and must show a complete reference to the book and page of records of said County.
A.
Upon such title sheet, the certificate of the surveyor or engineer required by the Subdivision Map Act shall appear. Also, upon such title sheet, or upon at least one map sheet, shall appear the basis of bearings, making reference to some recorded subdivision map, county surveyor's map or other record acceptable to the County Surveyor, or to a polar or polaris observation.
B.
All stamped or written matter, including signature, shall be so made digitally or with opaque ink so that legible reproductions may be obtained therefrom.
The evidence of title required by the Subdivision Map Act shall be certificate of title or a policy of title insurance issued by a title company authorized by the laws of the State of California to write the same, showing the names of all persons having any record title interest in the land to be subdivided together with the nature of their respective interests therein. In the event that any dedication of land is to be made for public use of any property shown on any such final map, the said certificate of title or policy of title insurance shall be issued for the benefit and protection of the City. Such certificate or policy shall be dated and delivered upon request to the City Engineer when such final tract or parcel map is ready for recordation.
Each sheet of a final tract or parcel map, excepting the title sheet or sheets hereof, shall bear the main title of the map, the scale of the map, north point and sheet number, together with a designation of the relation, if any, between each sheet and each other sheet thereof.
The map on each sheet and the lettering thereon shall be so oriented that, with the north point directed away from the reader, the map may be read most conveniently from the bottom or lower right corner of such sheet, the binding edge to be at the left and lengthwise of the sheet, keeping in mind that the sheets are always on the right page of the map book the left page being always blank.
The bearing and length of each lot line, block line and boundary line shall be shown on the final tract or parcel map, provided that, when bearings or lengths of lot lines in any series of lots are the same, such bearings or lengths may be omitted from each interior parallel lot line of such series. Each required bearing and length shall be shown in full to the nearest second and .01 foot, respectively, and no ditto mark or other designation or repetition shall be used.
[Amended 11-11-2025 by Ord. No. 2025-3]
The boundary line of a subdivision shall be indicated by a distinctive border applied on the front side of the tracing and inside such boundary line. Such border shall be of such density that does not obliterate any line, figure, or other data appearing on such map.
On each final tract or parcel map shall be fully and clearly shown and identified such stakes, monuments or other evidence determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining subdivisions, by lot and block number, tract name or number and place of records, or by section, township and range, or other proper designation as may be necessary to locate precisely the limits of the subdivision.
In the event that the subdivider elects to number or letter the blocks in any subdivision, all blocks therein shall be numbered or lettered in numerical or alphabetical order, respectively, commencing with the numeral "l" or the letter "A", and continuing without omission or duplication. Such numbers or letters shall be solid and of sufficient size and thickness as to be conspicuous on the map, and shall be so placed as not to obliterate any figure, dimension or course and shall not be enclosed in any circle or other design. Except where necessitated by a scale sufficiently large to show all details clearly, no block shall be divided between two or more sheets.
In the event that the blocks of any subdivision are numbered or lettered, the lots in each block, therein shall be numbered beginning with the numeral "l" and continuing without omission or duplication in any such block. Otherwise, the lots shall be numbered beginning with the numeral "l" and continuing without omission or duplication throughout the entire tract. No prefix or suffix nor combination of letter and number shall be used. Each lot shall be shown entirely on one sheet.
[Amended 11-11-2025 by Ord. No. 2025-3]
Upon each lot containing an area of one acre or more shall be designated the acreage of such lot shown not less accurately than to the nearest one-hundredth of an acre. Upon each lot containing an area of less than one acre shall be designated the square footage of such lot in square feet to the one-tenth of a square foot.
Upon the final tract or parcel map shall be shown each City boundary line crossing or adjoining the subdivision and such line shall be clearly designated and tied in.
The length, radius and total central angle or bearing of terminal radii of each curve and the bearing of each radial line to each lot corner on each curve, or the central angle of each segment within each lot, shall be shown thereon.
Distances and bearings on side lines of lots which are cut by easements shall be arrowed or so shown as to indicate clearly the actual length of each lot line.
If an easement is being dedicated by a final tract or parcel map, it shall be properly set out in the owner's certificate of dedication on the map.
[Amended 11-11-2025 by Ord. No. 2025-3]
Each easement shown shall be designated on the final tract or parcel map by fine dashed lines.
Each easement shall be clearly labeled and identified and, if of record, the record reference shall be shown thereon.
Upon a final tract or parcel map shall be shown the centerline or side lines of each easement to which the lots in the subdivision are subject. In the event that such easement is not definitely located of record, a statement showing the existence and purpose of such easement shall be placed on the map.
All notes or figures pertaining to each easement shall be subordinated in form and appearance to those relating to the subdivision itself.
The width of easements or the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate such easements with respect to a subdivision shall be shown on the final tract or parcel map.
A.
Highway names within the boundaries of a subdivision shown on a final tract or parcel map shall be submitted to the City Engineer for approval and if duplicated elsewhere in the county or so nearly the same in spelling or pronunciation as to cause confusion, some other name may be required.
B.
Highways (except alleys or walks) extending approximately northerly and southerly shall be designated "avenue" and those extending approximately easterly and westerly shall be designated "street", except where such highway is online of extension of a major or secondary highways or a highway of unusual prominence in the country highway system, and which bears an established name not conforming to this requirement, in which case the established name may be approved by the City Engineer.
C.
Highways which materially change direction shall bear the name and suffix designated by the City Engineer as most closely conforming to a suitable house numbering system.
D.
The word "avenue", "boulevard", "place", or other designation of any such highway shall be spelled out in full.
E.
The name of each newly dedicated portion of any highway shall be shown in or arrowed to such newly dedicated portion.
There shall be shown upon each final tract or parcel map the centerline of each highway, street or way, the total width of that portion, if any, to be dedicated, and in the case of any existing highways, streets or ways, the total width thereof, the width of each highway, street or way on each side of the centerline thereof. On each such centerline shall be shown the bearing and length of each tangent and radius, central angle, and length of each curve.
The final tract or parcel map shall show the width of each railroad right-of-way, flood control or drainage easement and each other easement appearing on such map, whether previously of record or offered for dedication on such map.
If any portion of the land within the boundaries shown on any final tract or parcel map is subject to inundation or flood hazard by storm water, or subject to geologic hazard, such fact and portion shall be clearly shown on such final tract or parcel map by a prominent note on each sheet of such map whereon any such portion shall be shown. A dedication of building restriction rights over the flood or geological hazard area may be required.
If any portion of such land is subject to sheet overflow or ponding of local storm water or should the depth to ground water be less than ten feet from the ground surface, the Advisory Agency shall so inform the State Real Estate Commissioner.
In the event that a dedication of right-of-way for storm drainage purposes is not required, the Advisory Agency may require that the location of any water course, channel, stream or creek be shown on the final tract or parcel map.
The following general requirements pertaining to subdivision designs and improvements shall be followed and installed by each subdivider, or be agreed to be installed by each subdivider in each and every subdivision coming within the jurisdiction of said requirement of the Subdivision Map Act and this Chapter, unless a modification of said requirements has been approved by the City Council as provided in this Code. The provisions hereinafter set forth shall govern where not inconsistent with any provisions of the Subdivision Map Act and that shall govern notwithstanding any other provision of this Chapter or Code to the contrary.
Concrete sidewalk not less than four (4) feet wide shall be installed on all streets within each subdivision, in accordance with the standards and regulations designated by the Director of Public Works and approved by the City Council.
Ornamental electroliers with all electrical wiring underground shall be installed in accordance with the standards and regulations designated by the Director of Public Works and approved by the City Council.
Approved City of Lakewood street name signs shall be installed at all intersections in accordance with the Standards determined by the Director of Public Works and approved by the City Council.
Approved guard panels and protective devices shall be installed at all locations designated by the Director of Public Works.
Streets shall be provided and developed in accordance with the provisions of this Chapter and in accordance with the tentative tract or tentative parcel map and any condition imposed in respect thereto as well as in accordance with any agreement or bond made and entered into by the subdivider for that purpose. Whenever the construction of a new street requires the remodeling of any existing city streets, said remodeling shall be done in accordance with the street improvements requirements of this Chapter.
[Amended 11-11-2025 by Ord. No. 2025-3]
The standards for the construction of roadway improvements, drainage facilities and appurtenant flood control facilities on file in the offices of the Los Angeles County Road Department, Los Angeles County Flood Control District, and Los Angeles County Department of Engineering, are hereby adopted as City of Lakewood standards except that all drainage channels as a condition precedent to dedication to the City of Lakewood must be excavated and fully improved with suitable concrete paving or gunniting for the entire cross section of the channel in conformance with the standards as recommended by the City Engineer or the Director of Public Works and approved by the City Council.
[Added by Ord. 98-5]
Notwithstanding any provision of this Chapter to the contrary, any land subject to the terms and provisions of the Lakewood Floodplain Management Ordinance (See 8030 et seq.) shall be subject to the following standards for subdivisions:
A.
All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
B.
All subdivision plans shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.
C.
All subdivision proposals shall be consistent with the need to minimize flood damage.
D.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
E.
All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
[Amended 11-11-2025 by Ord. No. 2025-3]
All highway improvements, including drainage structures incidental hereto shall be installed to grade, which grade shall be approved by the City Engineer or the Director of Public Works. Plans, profiles and specifications for such improvements shall be furnished to the City Engineer or the Director of Public Works not later than the time of submitting the final tract or parcel map to the City Engineer or the Director of Public Works for checking. Such plans, profiles, and specifications shall be subject to the approval of the City Engineer or the Director of Public Works before any such final tract or parcel map shall be approved; provided, however, that a subdivider may deposit the final tract or parcel map with the City Engineer or the Director of Public Works for preliminary review prior to formally submitting it for approval under provisions of the Subdivision Map Act. Such plans, profiles, and specifications shall show full details of the proposed improvements and shall be in accordance with the standards of the City, as adopted by the City Council.
[Amended 11-11-2025 by Ord. No. 2025-3]
The minimum width of right-of-way to be dedicated for a Major Highway shall be in accordance with the adopted Master Plan of Highways for the City of Lakewood. Where a subdivision adjoins a Highway on one side only, the right-of-way width may be reduced to include only the right-of-way under the control of the subdivider in conformance with the line established by the City Engineer or the Director of Public Works.
The minimum width of right-of-way to be dedicated for a Secondary Highway shall in accordance with the Master Plan of Highways for the City of Lakewood, unless in the opinion of the City Engineer or the Director of Public Works, a right-of-way of lesser width is deemed more appropriate and acceptable. In no case, however, shall the right-of-way width for a secondary highway be less than 80 feet. Where a subdivision adjoins a highway on one side only, the right-of-way width may be reduced to include only the right-of-way under the control of the subdivider and in conformance with the line established by the City Engineer or the Director of Public Works.
[Amended 11-11-2025 by Ord. No. 2025-3]
The subdivider shall, or agree to:
A.
Grade full width of dedication.
B.
Construct standard concrete curb and minimum two (2) feet gutter on all highways.
C.
Construct suitable pavement full width of roadway consistent with soils laboratory recommendations, signed by a registered geologist or geotechnical engineer as properly licensed in the state of California.
D.
Provide for drainage within right-of-way and where necessary to carry drainage water across highway, construct box culverts or closed conduits.
E.
Construct sidewalk improvements to the satisfaction of the City Engineer or the Director of Public Works.
Direct access rights to any major or secondary General Plan Highways shall be waived on the final tract or parcel map except at those locations approved for vehicular or pedestrian access on the tentative tract or tentative parcel map. Access to lots otherwise shall be provided in the following manner and in the order listed:
If the Advisory Agency finds that the proposed subdivision abuts an existing highway and such highway is entirely unimproved or the improvements on which are insufficient for the general use of the lot owners in the subdivision and local neighborhood and drainage needs, it may disapprove the design of the subdivision unless the subdivider improves or agrees to improve such highways in accordance with standards of this Article.
A subdivider may request the partial assistance of the City in the improvement of a Major Highway upon written request, provided:
[Amended 11-11-2025 by Ord. No. 2025-3]
A.
The width of roadway between curbs shall be not less than 36 feet on 60 feet rights-of-way.
B.
The width of roadway on partially developed streets with 42 feet minimum right-of-way shall be not less than 28 feet.
C.
The width of roadway between curbs of a service road shall be not less than 32 feet, or as otherwise approved by the City Engineer or the Director of Public Works.
D.
Streets providing frontage or access to M-F-R zoned lots shall have a roadway width between curbs of not less than forty (40) feet.
[Amended 11-11-2025 by Ord. No. 2025-3]
A.
Grade full width of dedication.
B.
Construct standard concrete curb and minimum two (2) feet gutters, regardless of street grade.
C.
Construct standard minimum 6 feet wide concrete cross gutters at all intersections where required.
D.
Construct such other drainage structures as are required by the Director of Public Works.
Cul-de-sac streets shall be developed in accordance with the standards and specifications developed by the Director of Public Works. In no case shall the length of a cul-de-sac street exceed the following maximum lengths:
A.
Cul-de-sac streets may have a maximum length of 700 feet when used in subdivisions of residentially zoned land with densities greater than four (4) dwelling units per acre.
B.
Cul-de-sac streets may have a maximum length of 1,000 feet when used in subdivisions of residentially zoned land with densities of four (4) or less dwelling units per acre.
C.
Cul-de-sac streets may have a maximum length of 500 feet when used in subdivisions of commercial or industrial zoned land.
The widening of existing roadways to the widths required by this Chapter shall be done unless in the opinion of the Director of Public Works said roadway widening is presently inadvisable because it will result in poor street drainage and/or alignment. Where the widening of the roadway is found to be inadvisable then a fee deposit shall be paid by the subdivider to the City for the future widening of the portion of the roadway exempted. Said fee/deposit shall be held in a special fund, and it shall be in an amount which in the opinion of the Director of Public Works equals the total cost that would have been incurred for said roadway widening.
[Amended 11-11-2025 by Ord. No. 2025-3]
The subdivider shall, or agree to, provide the following:
A.
The width of roadway for an alley shall be not less than 30 feet when abutting commercially zoned property and a minimum right-of-way width of 25 feet when abutting residentially zoned property.
B.
Grade and pave full width of dedication with four inches of premix pavement on Type "A" aggregate base material, thickness to be determined from field soil tests.
C.
Construct three (3) feet wide concrete gutter, six (6) inches thick in center of alley, with standard concrete alley intersections.
[Amended 11-11-2025 by Ord. No. 2025-3]
Roadside trees shall be installed by the subdivider within specified areas in accordance with the Master Tree List and the standards and specifications developed by the City Engineer or the Director of Public Works. In addition, the subdivider shall conform with the following minimum requirements.
A.
Street Planting. Planting approved to be placed in the public right-of-way, with the exception of street trees, shall be maintained at a height not to exceed 42 inches in height when measured from the top of curb to top of planting.
B.
Planting Strip Reservation on Private Property. When the planting of street trees in a roadside tree area is inadvisable, said trees may be planted in a planting strip reservation on private property.
C.
Planting Distances. A minimum of one (1) tree shall be planted for every 50 feet of lot frontage unless because of circumstances peculiar to the subdivision, fewer trees should be planted.
D.
Tree Size. Trees shall be in can containers of not less than fifteen (15) gallon capacity. The subdivider shall guarantee the survival of the planting for one (1) year from date of acceptance. The right to reject any item offered by the subdivider is reserved to the City Engineer or the Director of Public Works.
E.
Tree Maintenance. Pruning and maintenance of trees shall ordinarily be done by the City of Lakewood and watering shall be done by the subdivider or his assigns, unless because of circumstances peculiar to the subdivision, an agreement shall be made otherwise between the City and the subdivider. Such agreement shall be approved by the City Attorney and recorded with the Los Angeles County Recorder.
F.
Performance Bond. The subdivider shall post a performance bond to guarantee the installation of street trees if said trees are to be installed after approval and acceptance of the final map.
Where a parkway panel is provided in a subdivision, the subdivider shall install a stub-out water line of a minimum two (2) inch feeder pipe to the parkway panels which also should be centrally located.
The provisions of Chapter 4 of Article VII of this Code, pertaining to water supply facilities, shall constitute and are hereby established as the minimum standards for water supply facilities to be installed or constructed in each subdivision.
Utility lines, including, but not limited to, electric, telephone, communications, street lighting and cable television within each subdivision or directly serving the subdivision, shall be placed underground. The subdivider shall make the necessary cost and other arrangements with each of the public utility companies for the installation of underground facilities and relocation of existing facilities in conformance with the respective operating company rules and regulations then on file with and approved by the State of California Public Utilities Commission. For the purpose of this subsection, appurtenances and associated equipment such as but not limited to, surface mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed duets in an underground system, may be placed above ground.
[Amended 11-11-2025 by Ord. No. 2025-3]
In the event that fences, walls, water mains, sanitary sewers or storm drains (other than structures incidental to road improvements) are installed or are to be installed as a part of the improvement of a subdivision, plans, profiles, specifications, and all necessary details of the proposed construction shall be submitted to the City Engineer or the Director of Public Works (as required) not later than the time of filing the final tract or final parcel map for checking and shall be subject to approval by the City Engineer or the Director of Public Works (as required) before such map shall be approved; provided, however, that a subdivider may deposit the final tract or parcel map with the City Engineer or the Director of Public Works for preliminary review prior to formally submitting it for checking. Such plans, profiles, and specifications shall show full details of the proposed improvements, which shall conform to the standard of the City. Plans for sanitary sewers shall be submitted in accordance with all provisions of this Code.
[Added by Ord. 86-7]
The design of each subdivision within a residential zone, including the R-1, R-A, MHP, PD, and MFR zones, shall provide the appropriate cable television systems an opportunity to construct, install, and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision.
"Appropriate cable television systems" as used in this section, means those franchised or licensed to serve the geographical area in which the subdivision is located.
This section shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.
This Section shall not be construed to require that all residential subdivisions be provided cable television or that such subdivisions must be connected to the City's Cable Television Franchise system. The intent of this Section is to provide for the orderly, most aesthetically pleasing, and least costly installation of cable television to residential subdivisions. Having each subdivision prepared for future connection to the City's Cable Television Franchise system will provide a relatively inexpensive option to future residential dwellers.
The procedure and practice for all survey work done for preparation of a final tract or parcel map shall conform to the standards and details set forth in Chapter 15, Division 3, of the Business and Professions Code, the Land Surveyor's Act. The allowable error or closure on any portion of a final tract or parcel map shall be 1/10,000.
In the event that the County Engineer, County Road Commissioners, the State Highway Engineer, or City Engineer shall have established the centerline of any highway, street, or alley shown on a final tract or parcel map, the map shall show such centerline, together with a reference to a field book or map showing such centerline and the monuments which determine its position. If determined by ties, the fact shall be stated upon the final tract or parcel map.
Each final tract and parcel map for which a survey is required shall show durable monuments found or set at or near each boundary corner and at intermediate points, approximately one thousand (1000) feet apart, or at such lesser distances as may be made necessary by topography or culture to insure accuracy in the re-establishment of any point or line without unreasonable difficulty. The precise position and character of each monument shall be shown on the map. Such durable monument shall be not less substantial than an iron pipe of a two inch outside diameter, not less than two and one-half feet in length, with plug and tack, and set at least two feet into the ground or of such other character and stability as may be approved by the City Engineer. For the purposes of this Chapter, a lead and tack set in permanent concrete or masonry shall be considered as a durable monument. The approximate elevation of the top of each such monument with respect to the surface of the ground shall be shown on said map.
A.
Whenever necessary, in the opinion of the City Engineer, centerline monuments shall be set to mark intersections of streets or intersections of streets with the map boundary or to mark either the beginning and end of curves or the points of intersection of tangents thereof or other intermediate points. Each such monument shall be not less durable and substantial than:
1.
In asphaltic concrete or cement pavement, a lead and tack.
2.
In unsurfaced graveled or oiled surfaces, a two inch iron pipe set not less than twelve inches below the surface, or at such depth as may be approved by the City Engineer.
3.
In bituminous macadam pavements, a spike not less than six inches long.
For each centerline monument set, the engineer or surveyor under whose supervision the survey has been made shall furnish to the City Engineer a set of notes, clearly showing the ties between the monument and a sufficient number (normally four) of durable, distinctive reference points or monuments. |
Such reference points or monuments may be leads and tacks in sidewalks, or two inch by two inch stakes set back of the curbline and below the surface of the ground, or a substitute therefore which appears to be not likely to be disturbed. |
Each set of notes submitted shall conform in all respects to the standardized office records of the City Engineer. All such notes shall be indexed and filed by the City Engineer as a part of the permanent public records of this office. |
B.
All monuments found or set as required herein shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made.
C.
All boundary monuments along at least one boundary line shall be set prior to filing the final map or parcel map. Interior street centerline monuments and the remainder of the boundary lines shall beset subsequent to filing of the final map (or parcel map). The final tract or parcel map shall show which monuments are in place, and which are to be set. Prior to certification of the final tract or parcel map by the City Engineer, the subdivider shall submit a written agreement in which he agrees that monuments deferred will be set within a specified time and that the notes required in Subsection B above will be furnished within a specified time.
D.
All monuments shall be subject to inspection and approval by the City Engineer.
It is found that collecting a fee in lieu of land dedication for parks and recreational purposes would better serve the parks and recreational needs of the City for the following reasons:
A.
The City is near development capacity. Further, there are virtually no remaining vacant parcels large enough to accommodate a subdivision and provide for a park of consequential size.
B.
The City has existing parks and recreational areas. However, in view of further residential growth and the subsequent demand on those parks and recreational areas, it is deemed necessary to collect a fee in lieu of land dedication. The purpose of such fee shall be for the upgrading and maintenance of those existing parks and recreational lands and/or for the purpose of purchasing and developing additional land for park or recreational use when feasible.
As a condition of approval of a final tract or parcel map, the subdivider shall pay a fee for the purpose of upgrading and maintaining existing parks and recreational areas and/or for the purpose of purchasing and developing additional land for park or recreational use. The upgrading and maintenance of existing park or recreational facilities and/or the purchase and development of any new such facilities shall be in accordance with the Recreation Element of the General Plan of the City adopted by the City Council on June 27, 1967, or any amended portion or part thereof, subject to and limited by the following:
A.
The provisions of this section shall apply to all subdivisions except those subdivisions excluded by Section 66477 of the Subdivision Map Act.
B.
The standards for determining the amount of fee to be paid are:
1.
Based upon the standards of the General Plan, it is hereby found and determined that the public interest, convenience, health, welfare and safety require that four (4) acres of property for each one thousand persons residing within the City, be devoted to park and recreational purposes. Therefore, based upon such standards, and where the General Plan requires or provides for park and recreational facilities bearing a reasonable relationship to the proposed subdivision, fees shall be paid therefore in accordance with the provisions of this Section.
2.
The City Council finds and determines that the requirements of subsection (1) are satisfied in part by cooperative arrangements between the City and the County or School Districts, making available 2.8 acres of property for each one thousand persons residing within the City for park and recreational purposes and that the remainder of the required four acres shall be supplied by the purchase and development of vacant land for park and recreational use, when feasible, through the application of this section.
3.
Population density, for the purpose of this section, shall be determined in accordance with the 1980 Census of population on housing, which for the City of Lakewood is 2.9 persons per dwelling. The basis for determining the total number of dwelling units shall be the number of such units permitted by the City on the property included in the subdivision at the time the final tract or parcel map is filed for approval.
C.
The amount of fee to be paid shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated through the application of the following formula:
Net Density Per Dwelling Unit | Square Feet of Park Land Required Per Gross Acre of Subdivision |
|---|---|
1 D.U. per acre or more | 262 |
1 D.U. per ½ to 1 acre | 527 |
1 D.U. per 10,000 sq. ft. to ½ acre | 767 |
1 D.U. per 9,000 to 9,999 sq. ft. | 1,209 |
1 D.U. per 8,000 to 8,999 sq. ft. | 1,350 |
1 D.U. per 7,000 to 7,999 sq. ft. | 1,532 |
1 D.U. per 6,000 to 6,999 sq. ft. | 1,768 |
1 D.U. per 5,000 to 5,999 sq. ft. | 2,090 |
10 to 19 D.U.'s per acre | 2,680 |
20 to 29 D.U.'s per acre | 4,466 |
30 to 39 D.U.'s per acre | 6,257 |
40 to 49 D.U.'s per acre | 8,039 |
50 to 59 D.U.'s per acre | 9,825 |
60 to 69 D.U.'s per acre | 11,611 |
70 to 79 D.U.'s per acre | 13,408 |
80 to 89 D.U.'s per acre | 15,185 |
90 to 99 D.U.'s per acre | 16,969 |
100 D.U.'s and over per acre | 17,851 |
Fair Market Value shall be determined as of the time of the filing of the final map by an appraisal of the land to be subdivided. The appraisal shall be performed at the expense of the subdivider, by a City approved qualified State licensed real estate appraiser, and shall be submitted with the application for the tentative tract or tentative parcel map. Further, said appraisal shall have been done within the six (6) months preceding the public hearing of the tentative tract map or the six (6) months preceding the effective date of the Director of Community Development's decision regarding a tentative parcel map.
In the case of a tract map, the City Council shall consider all reports, studies, and appraisals considered by the Planning Environment Commission and all and any additional or new evidence produced at the hearing before the City Council. The decision of the City Council shall be final.
D.
When 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, such area shall be credited against the requirement of payment of fees provided the following standards are met:
1.
That yards, court areas, setbacks and other open areas required to be maintained by the Zoning and Building regulations shall not be included in the computation of each private open space; and
2.
That private ownership and maintenance of open space is adequately provided for by recorded written document; and
3.
That the use of private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council; and
4.
That 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 of private open land spaces;
5.
That facilities proposed for the open space are in substantial accordance with the provisions of the Recreation Element of the General Plan and are approved by the Advisory Agency or City Council.
E.
Where fees are required for the purpose of upgrading existing parks and recreational areas and/or for the purpose of purchasing and developing additional land for park and recreational use, the same shall be paid to the City upon the final inspection or the date certificate of occupancy is issued, whichever occurs last. The City may require said fees to be paid on a pro-rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs last.
[Amended by Ord. 88-2]
F.
The fees received under this Section shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received and the amount of the fee shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.
Dedications shall be required from a subdivider in accordance with the following:
A.
Drainage Facilities. If an artificial drainage facility is necessary for the general use of lot owners in the subdivision and for adequate drainage needs, subdivider shall dedicate an adequate right-of-way for such drainage channel.
B.
Easement Certificate. Any final tract or parcel map of a subdivision presented to the City for acceptance of easements and recordation shall have written thereon, in addition to or as a part of any other certificate required, a certificate signed by the owner, and by all persons claiming any interest other than a right-of-way, easement, or other interest, none of which can ripen into a fee, in the land included within the subdivision shown on the map, in substantially the following form:
"We hereby certify that except as shown on a copy of this map on file in the office of the Director of Public Works, we know of no easement or structure existing within the easements hereby offered for dedication to the public, other than publicly owned water lines, sewers or storm drainage; that we will grant no right or interest within the boundaries of said easements offered to the public, except where such right or interest is expressly made subject to the said easements."
C.
Map Showing Structures Required. Any final tract or parcel map of a subdivision presented to the City for acceptance of easements and recordation shall be accompanied by an additional copy on which is delineated all structures existing within the easements, except publicly owned storm drains, water lines, sewers, and other sanitary facilities, whether such structures are on recorded easements or not.
D.
Natural Watercourses. In the event that a subdivision or any part thereof is transversed by any major watercourse, channel, stream, or creek, the subdivider shall dedicate an adequate right-of-way for storm drainage purposes, if, in the opinion of the Advisory Agency, such dedication is necessary. In the event that the natural watercourse does not lie entirely within such dedication, the subdivider may either construct an adequate channel within such dedication or delineate the course of said watercourse upon the final tract or parcel map.
E.
Private Street. Except as set out hereinafter, all parcels of land intended for public use in a subdivision shown on the final tract or parcel map thereof, shall be offered for dedication for public use. Provided, however, that with the approval of the City Council or the Advisory Agency in the case of a parcel map, any street, highway, or way which is intended to be kept physically closed to public travel or posted as a private street at all times, may be shown as a private street, but in any such case, the final tract or parcel map shall contain a conditional offer of dedication which may be accepted by the City Council or the Advisory Agency in the case of a parcel map at such time as the street shall have ceased to remain so physically closed or posted and shall have been opened to public travel for a period of three months or more. Any such private street shall be shown on such map by heavy dashed lines. Sufficient data shall be shown on each private street to define its boundaries, as is required for a public street and also sufficient mathematical data to show clearly the portion of each lot within such street. The design and improvement of any such private street shall be subject to all of the requirements prescribed by this Chapter for public streets.
F.
Rights-of-Way Under Condemnation. In the event that an easement for any right-of-way required under the provisions of this Chapter in connection with any proposed subdivision is in the process of condemnation by the City at the time of the filing of any final tract or parcel map of a subdivision, the subdivider, in lieu of offering such right-of-way for dedication, may show such right-of-way upon the final tract or parcel map thereof as a private right-of-way, and prior to the approval of such final tract or parcel map shall file with the Director of Public Works a deed granting such easement to the City on condition that such condemnation proceedings are abandoned, together with a contract and bond as provided by Sections in this Chapter relative thereto.
In the event that such condemnation proceedings shall be completed, such deed, contract, and bond shall be returned to the subdivider. In the event that such condemnation proceedings are abandoned, such deed, contract, and bond shall be delivered by the Director of Public Works to the City Council for acceptance.
G.
Sewers and Storm Drains. If, in the opinion of the Advisory Agency, either sewers or storm drains, or both, are necessary for the general use of lot owners in the subdivision, and such sewers or storm drains, or both, are not to be installed in the streets of such subdivision, the subdivider shall show upon the maps and dedicate necessary easements for such sewers or storm drains, or both.
The City, in approving any map, shall require the owner or subdivider to enter into a suitable agreement and to post an improvement security in the amount recommended by the City Engineer and/or the Director of Public Works, guaranteeing the installation of such improvements as shall be required of the subdivider under the provisions of this Ordinance.
Any act, improvement or obligation required as a condition of the approval of a subdivision final tract map, a parcel map, reversion to acreage, or a lot consolidation or combination, which has not been completed prior to final approval, shall be guaranteed by the execution of a suitable agreement, in a form prescribed herein and approved by the City Attorney. All agreements shall be executed by the owner, or developer, or the subdivider of the property or land being divided or developed. The signatures shall be acknowledged before a Notary Public.
Improvement securities shall be required to be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final tract map, parcel map, reversion to acreage, lot consolidation or combination. Unless otherwise provided herein, all such improvement securities shall be provided in one of the following forms at the option of and subject to the approval of the Director of Public Works:
A.
Bond or bonds by one or more duly authorized corporate sureties.
B.
A deposit, either with the City or responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public monies.
C.
An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.
D.
A lien upon the property to be divided, created by contract between the owner and the local agency, if the local agency finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map.
E.
Security to guarantee the performance of any act or agreement shall be in the following amounts:
1.
100% of the cost of improvement guaranteeing faithful performance, plus.
2.
50% of the cost of improvements for labor and materials, securing payment to the contractor, his subcontractor, and to persons furnishing labor, materials, or equipment.
3.
An amount estimated to be necessary for the guarantee and warranty of the work for a period of one year following completion and acceptance against defective work, labor, or materials.
Before commencing any improvement, the subdivider shall make the following deposits:
A.
He shall deposit with the Director of Public Works the sum required by Article VII of this Code for all street lights or street lighting systems to be installed.
B.
He shall deposit with the City Engineer or Director of Public Works the sums required by this Code for all sewers and other such improvements similar thereto.
C.
He shall deposit with the City Engineer or the Director of Public Works a sum estimated by the City Engineer or the Director of Public Works to cover the actual cost of inspection of all improvements under the jurisdiction of the City Engineer or Director of Public Works other than improvements.
D.
He shall deposit with the City Engineer or the Director of Public Works a sum estimated by the City Engineer or Director of Public Works to cover the actual cost of inspection of all highway improvements, including drainage structures incidental thereto.
The City shall refund unused deposits, as provided in Article VII of this Code. In all cases not covered by said Article, if the actual cost of inspection is less than the amount deposited, the City shall refund to the applicant an amount still remaining, in the same manner as provided by law for the repayment of trust monies.
In lieu of making the special deposit required for the cost of inspection of improvements by the City Engineer and/or the Director of Public Works, the subdivider may make and maintain with the City a general deposit in an amount not less than $1,000.00. The amount of such general deposit shall be determined by the City Engineer and/or Director of Public Works to be sufficient to protect the City's interest. The general deposit shall be held and used for the same purposes as the special deposit for the cost of inspection of the improvements.
If any deposit is less than sufficient to pay all of the costs of inspection, the subdivider, upon demand of the City Engineer and/or the Director of Public Works, shall pay to the officer making the demand an amount equal to the deficiency. If the subdivider fails or refuses to pay such deficiency upon demand, the City may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, the improvement shall be considered uncompleted.
Any agreement to defer the setting of monuments to a specified time shall be accompanied by a negotiable security or a cash deposit, in accordance with and subject to the terms and provisions of the Subdivision Map Act, in a penal sum which, in the opinion of the City Engineer, equals the cost of setting such monument, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes, and in every other respect complying with such agreement.
Any improvement security required by this Chapter may be reduced or released in whole or in part by the City Council upon the acceptance thereof, in their discretion, from time to time, as follows:
A.
The improvement security given for the faithful performance of the agreement upon the acceptance and approval of the work of the agreement may be reduced or released provided that there is maintained as improvement security an amount, in the opinion of the officer, equal to the maintenance of the work against any defect in the work or labor done or defective materials furnished in the performance of the contract, which amount shall be maintained in full force and effect for a period of one (1) year following the completion and acceptance of the work and thereafter released or discharged.
B.
The improvement security given to secure labor and material claimants may, six (6) months after completion and acceptance of the said work, 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 City Council, and if there are no actions filed, the improvement security may be released in full.
C.
Any other improvement security required by this Chapter may be released in whole or in part as deemed prudent by the City Council.
In addition to any other remedy provided by law, upon failure of a subdivider to complete any improvement within the time specified in the improvement agreement, or upon failure of the subdivider to faithfully comply with the terms and provisions of this Chapter or any improvement security given thereby, the City Council may, upon notice in writing of not less than ten days served upon the person signing said agreement, or upon notice in writing of not less than twenty days served by certified mail addressed to the last known address of the person signing said agreement, determining that the foregoing have not been complied with or said work has not been completed, and may cause to be forfeited to the City such portion of said improvement security given for the performance of the foregoing.
In addition to the terms and provisions of this Chapter, any improvement agreement or improvement security agreement may specify additional terms and provisions, not inconsistent with the terms and provisions of this Chapter, pertaining to the forfeiture, collection and disposition of improvement security upon the failure of contracting party to comply with the terms and provisions thereof or with the terms and provisions of this Chapter.