Chapter 7

PART 7. FEES – DEPOSITS – BONDS

Sections:

§ 9207.1 Environmental Assessment Review Fee.

§ 9207.2 Tentative Tract Map and Parcel Map Fee.

§ 9207.2.1 Relocation Impact Report.

§ 9207.3 Tract Maps, Parcel Maps, and Certificates of Compliance – Filing, Fee.

§ 9207.4 Tract Map – Processing Fee.

§ 9207.5 Parcel Map – Processing Fee.

§ 9207.6 Certificate of Compliance Processing Fee.

§ 9207.7 Plan Checking Fees.

§ 9207.8 Inspection Deposits.

§ 9207.9 Inspection Deposits – Insufficient.

§ 9207.10 Inspection Deposits – Refunds.

§ 9207.11 Improvement Securities.

§ 9207.12 Improvement Security – Water Mains.

§ 9207.13 Improvement Securities – Amount and Purpose.

§ 9207.14 Improvement Security – Types Permitted.

§ 9207.15 Improvement Securities – Approval and Acceptance.

§ 9207.16 Improvement Securities – Reduction.

§ 9207.17 Improvement Securities – Forfeiture on Failure to Complete.

§ 9207.18 Faithful Performance Security – Monuments.

§ 9207.19 Park and Recreational Facilities.

§ 9207.20 Repealed.

§ 9207.21 Repealed.

§ 9207.22 Repealed.

§ 9207.23 Repealed.

§ 9207.24 Repealed.

§ 9207.25 Repealed.

§ 9207.26 Minor Lot Line Adjustments.

§ 9207.27 Merger of Contiguous Parcels.

§ 9207.28 Merger of Parcels Requested by Subdivider.

§ 9207.29 Reserved.

§ 9207.30 Reserved.

9207.1 Environmental Assessment Review Fee.

An Environmental Assessment Form shall be completed by the applicant and filed with a fee in an amount established by a resolution of the City Council to the Department of Community Development. (Ord. 91-954, § 1)

9207.2 Tentative Tract Map and Parcel Map Fee.

Upon submission of a tentative map, the subdivider shall pay a fee in an amount established by a resolution of the City Council to the Department of Community Development.

If a subdivider submits a reviewed tentative map subsequent to the approval of a tentative map as a substitute for the approved tentative map, he shall pay a revised map fee equal to the original filing fee. This fee shall be in addition to the fees previously paid. (Ord. 82-626; Ord. 91-954, § 2)

9207.2.1 Relocation Impact Report.

Upon submission of an application for a relocation impact report, or modification or extension of time, the applicant shall pay a fee in an amount established by a resolution of the City Council to the Department of Community Development. (Ord. 82-618, § 5; Ord. 91-954, § 3)

9207.3 Tract Maps, Parcel Maps, and Certificates of Compliance – Filing, Fee.

Upon submission of a tract map, parcel map or Certificate of Compliance, the subdivider shall deposit with the County Engineer a sum of money equal to the amount required by law for filing the map or recording the Certificate, which money shall be deposited in a trust fund for that purpose until the map is filed or the certificate is recorded. If the subdivider abandons his intention to cause the map to be filed or the certificate to be recorded, and so notifies the County Engineer in writing, the deposit may be returned to the subdivider.

9207.4 Tract Map – Processing Fee.

Upon submission of a tract map for checking, the subdivider shall pay a map processing fee to the City Engineer in addition to all other fees and charges required by law. This fee shall be equal to the fee established by the County of Los Angeles for processing final tract maps.

9207.5 Parcel Map – Processing Fee.

Upon submission of a parcel map for checking, the subdivider shall pay a map processing fee to the City Engineer in addition to all other fees and charges required by law. This fee shall be equal to the fee established by the County of Los Angeles for processing final parcel maps.

9207.6 Certificate of Compliance Processing Fee.

Upon submission of a Certificate of Compliance for processing, the subdivider shall pay a processing fee in an amount established by a resolution of the City Council to the Department of Community Development, in addition to all other fees and charges required by law for each Certificate of Compliance. (Ord. 91-954, § 4)

9207.7 Plan Checking Fees.

A subdivider shall pay to the City a fee equal to the cost of checking the improvement plans. Upon submission of plans to the City, the subdivider shall deposit an amount estimated by the appropriate City Officer to be adequate to cover the cost of checking the plans. If, at any time, subsequent to making the deposit, the actual funds expended exceed the amount of the deposit, the subdivider shall make an additional payment equal to the deficiency. Excess deposits if any, shall be returned to the subdivider after completion of plan checking.

9207.8 Inspection Deposits.

Before commencing construction or installation of a required improvement, the subdivider shall deposit with the City, for the inspection of such improvements, a sum estimated by the appropriate City Officer to be adequate to cover the actual cost of inspection.

9207.9 Inspection Deposits – Insufficient.

If a deposit made pursuant to CMC 9207.8 is insufficient to pay all of the costs of inspection, the subdivider, upon demand of the City, shall pay to the City an amount equal to the deficiency. Until such deficiency is paid in full, the improvements for which the insufficient deposit was made shall be considered incomplete.

9207.10 Inspection Deposits – Refunds.

If the actual cost of inspection is less than the amount deposited, the City shall refund to the applicant any amount still remaining.

9207.11 Improvement Securities.

Except as provided in CMC 9207.12, the improvement agreement required by CMC 9206.24 shall be secured by an improvement security.

9207.12 Improvement Security – Water Mains.

If a subdivider shows that, to the satisfaction of the City Engineer, he has entered into a contract with a water utility to construct water mains, which contract makes the City of Carson a party thereto and provides that the contract may not be modified or rescinded without the consent of the City, except as required by the Public Utilities Commission, and has deposited with the water utility security for the payment of the water utility which the City Engineer finds adequate, the subdivider need not accompany an agreement to install water mains with an improvement security.

9207.13 Improvement Securities – Amount and Purpose.

An improvement security shall be for the following amounts:

a. An amount estimated by the inspecting officer to be equal to the cost of improvements covered by the security, guaranteeing the faithful performance of the improvement work plus an amount estimated by the inspecting officer to be necessary for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

b. An amount estimated by the inspecting officer to be equal to fifty (50) percent of the cost of the improvements covered by the security, securing payment to contractors and subcontractors and to all persons renting equipment or furnishing labor or materials to them.

9207.14 Improvement Security – Types Permitted.

The following shall govern the types of improvement security that may be submitted:

a. When the amount of the improvement security is equal to or less than $10,000 a deposit with the City of cash or cashier’s check, passbook accounts, or certificate of deposit shall be submitted.

b. When the amount of the improvement security is equal to or less than $20,000 but more than $10,000, the improvement security shall be either of the following:

1. An improvement security of a type listed in (a) above in the exact amount of improvement security needed for the improvement, or

2. A bond or bonds issued by a surety company authorized to write the same in the State of California and the County of Los Angeles in an amount not less than $20,000.

c. When the amount of the improvement security is more than $20,000 a bond or bonds issued by a surety company authorized to write the same in the State of California and the County of Los Angeles may be submitted or an improvement security of a type listed in (a) above may be submitted.

d. When a bond is required in connection with a tract map or parcel map, a promissory note or agreement secured by a deed of trust of which the City is the beneficiary may be accepted in lieu of a surety bond, subject to the prior approval of the City Attorney and City Council in every case. (Ord. 82-601, § 7; Ord. 93-1009, § 2)

9207.15 Improvement Securities – Approval and Acceptance.

Each improvement security shall be subject to approval of the City Attorney and acceptance by the City Council.

9207.16 Improvement Securities – Reduction.

When a portion of an improvement has been fully completed, the inspecting officer may, at his discretion, recommend to the City Council a reduction in an improvement security given for faithful performance equal to the estimated cost of the completed portion of the improvement.

9207.17 Improvement Securities – Forfeiture on Failure to Complete.

Upon the failure of a subdivider to complete an improvement within the time specified in an agreement, the City Council may, upon notice in writing of not less than ten (10) days served upon the person, firm, or corporation signing the contract or upon notice in writing of not less than twenty (20) days served by certified mail, addressed to the last known address of the person, firm, or corporation signing the contract, determine that the improvement work or any part thereof is incomplete and may cause to be forfeited to the City the portion of the sum of money or bonds given for the faithful performance of the work or may cash savings and loan certificates or shares deposited and assigned to assure the faithful performance of the work to complete the improvement work.

9207.18 Faithful Performance Security – Monuments.

The agreement referred to in CMC 9204.32 shall be accompanied by an improvement security of a type listed in CMC 9207.14(a) guaranteeing the faithful performance of the agreement in an amount estimated by the City Engineer to be not less than the cost of setting monuments and furnishing notes.

9207.19 Park and Recreational Facilities.

Every subdivider who subdivides residential land shall dedicate a portion of such land, pay a fee, or do both, as set forth in this Section for the purpose of developing new or rehabilitating existing park or recreational facilities to serve future residents of the subdivision.

a. Applicability of Section. The provisions of this Section shall apply to all residential subdivisions except for condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added.

b. Amount of Land Required. The amount of land required to be dedicated shall equal the proportionate amount necessary to provide three (3) acres of parkland for each one thousand (1,000) persons residing within the subdivision. The number of persons residing within the subdivision shall be calculated by multiplying the population density for each type of development times the number of dwelling units for that type of development. The number of dwelling units for the purpose of this Section shall be based upon the number of parcels indicated on the tentative or parcel map. Population density for the purpose of this Section shall be determined in accordance with the most recent available census data. The amount of land to be dedicated for each type of development is shown on the following chart:


Type Of Dwelling	Acres Of Parkland Per Resident	Population Density Per Dwelling Unit	Amount Of Land To Be Dedicated
Single-family detached	0.003 acres per person	3.81 persons per dwelling unit	0.01143 acres per dwelling unit
Single-family attached	0.003 acres per person	3.76 persons per dwelling unit	0.01128 acres per dwelling unit
Multiple-family 2 – 4 units	0.003 acres per person	3.37 persons per dwelling unit	0.01011 acres per dwelling unit
Multiple-family 5 or more units	0.003 acres per person	2.75 persons per dwelling unit	0.00825 acres per dwelling unit
Mobile homes	0.003 acres per person	2.00 persons per dwelling unit	0.00600 acres per dwelling unit

c. Dedication of Land. Dedication of land pursuant to this Section shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the dedication of land required by this Section. The minimum size of a parcel which may be dedicated is one-half (1/2) acre.

d. Credit for Private Recreational Space. Where private recreational space is provided in a proposed planned development, stock cooperative, or community apartment project as defined in Sections 11003, 11003.2 and 11004, respectively, of the Business and Professions Code, or in a condominium project as defined in Section 783 of the Civil Code, such private recreational space may be a credit against the dedication of land required by this Section. Credit for private recreational space (including any credit for the value of improvements as provided below) shall not exceed thirty (30) percent of the amount of land which would otherwise be required to be dedicated pursuant to subsection b of this Section. Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of private recreational space. Where the subdivider provides park and recreational improvements to the private recreational space, the value of the improvements shall be added to the amount of the credit for the private recreational space, except that credit for such improvements shall not exceed the value of the private recreational space on which such improvements are located.

Credit shall only be given when the Advisory Agency finds that it is in the public interest to do so and that all the following standards are met:

1. The private recreational space and improvements thereon are owned by the developer or a homeowners’ association. If the recreational space and improvements are owned by a homeowners’ association, the association shall be composed of all property owners in the subdivision, shall be incorporated as a nonprofit mutual benefit organization under state law, and shall be operated under recorded land agreements through which each lot owner in the subdivision is automatically a member. Each property owner in the homeowners’ association shall be subject to a charge for a proportionate share of expenses for maintaining the facilities.

2. Use of the private recreational space is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of the property, which cannot be defeated or eliminated without the consent of the City or its successor, and which are submitted to the City prior to the approval of the parcel or final map. Such covenants shall be submitted to the City prior to approval of the final or parcel map and shall be recorded contemporaneously with the final or parcel map.

3. The private recreational space and improvements thereon are in substantial accordance with the provisions of the Recreation Element of the General Plan.

For purposes of this Section, “private recreational space” shall mean land which is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location.

e. Amount of Fee in Lieu of Land Dedication. Where a fee is paid in lieu of land dedication, the amount of such fee shall be a sum equivalent to the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to subsection (b) of this Section. The amount of the fee shall be calculated in accordance with the following formula:


Fee per Dwelling Unit	=	Amount of Land to be Dedicated per Dwelling Unit	X	Fair Market Value of Land to be Dedicated (pursuant to subsection b of this Section)

The fair market value of the land required to be dedicated shall be determined as follows:

1. The Advisory Agency shall determine the fair market value of the land required to be dedicated.

2. The subdivider may agree to this value, or the subdivider may, at its own expense, obtain an appraisal of the land required to be dedicated by a certified MAI real estate appraiser approved by the City.

3. Upon receipt of this appraisal, the Advisory Agency shall determine the fair market value of the land required to be dedicated. The subdivider may agree to this value, or the Advisory Agency may, at the subdivider’s expense, obtain a second appraisal of the property by a certified MAI real estate appraiser selected by the City.

4. Upon receipt of the second appraisal, the Advisory Agency shall determine that the fair market value of the land required to be dedicated is equal to the value determined by the second appraisal. This value shall be final and conclusive as to the City and the subdivider.

f. Payment of Fee. The payment of fees shall be deposited with the City prior to or at the time of the recording of the final or parcel map, unless, as a condition of approval of a tentative map or parcel map, payment is authorized at the time of issuance of the first grading or building permit for the subdivision.

g. Choice of Land or Fee. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both shall be as follows:

1. At the time of the filing of a tentative or parcel map for approval, the subdivider shall, as a part of such filing, indicate whether the subdivider desires to dedicate land for park and recreational purposes, or whether the subdivider desires to pay a fee in lieu thereof. If the subdivider desires to dedicate land for this purpose, the subdivider shall designate the areas thereof on the tentative or parcel map as submitted.

2. At the time of the tentative or parcel map approval, the Advisory Agency shall determine whether the subdivider shall dedicate land within the subdivision, pay a fee in lieu thereof, or a combination of both.

3. Whether the City accepts the dedication of land, or payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the City’s General Plan; topography, geology, access and location of land in the subdivision available for dedication; and size and shape of the subdivision and land available for dedication.

4. Only the payment of fees shall be permitted if the required land dedication does not exceed one-half (1/2) acre in size.

5. Only the payment of fees shall be permitted for subdivisions containing fifty (50) lots or less, except that when a condominium, stock cooperative, or community apartment project exceeds fifty (50) dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty (50).

6. The determination of the Advisory Agency as to whether land shall be dedicated or whether a fee shall be paid, or a combination of both, shall be final and conclusive.

h. Use of Land and Fees – Purpose. The land, fees, or combination thereof, received by the City pursuant to this Section shall be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision for which received, and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park or recreational facilities by the future inhabitants of the subdivision.

i. Use of Land and Fees – Timing. The City Council shall develop and make available for public inspection a schedule specifying how, when and where it will use the land or fees, or both, to develop new or rehabilitate existing park or recreational facilities to serve the residents of the subdivision. If a fee has been collected under the provisions of this Section, such fee shall be committed to such development or rehabilitation within five (5) years after the payment of such fee or the issuance of building permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they, without any deductions, 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.

j. Dedication or Fee Adjustment. Any subdivider subject to the requirements of this Section may apply to the Advisory Agency for a reduction, adjustment or waiver of such requirements based upon the demonstrable absence of a reasonable relationship between the amount and location of land to be dedicated or the amount of the fees to be paid and the use of the park and recreational facilities by the future inhabitants of the subdivision. Such application must be filed, in writing, at the time scheduled for the Advisory Agency to consider approval or conditional approval of the tentative map or parcel map. The application must include the name and address of the applicant and the property owner, a description of the property, including its location and the number and type of dwelling units to be located thereon, and a statement detailing the factual basis for the request for reduction, adjustment or waiver and the legal theory forming the basis of the request. The Advisory Agency shall render a final decision on the application in conjunction with approval or conditional approval of the tentative map or parcel map. The decision of the Advisory Agency may be appealed to the City Council as provided in CMC 9173.4. (Ord. 83-647, § 3; Ord. 94-1048U, § 1; Ord. 94-1048, § 1)