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§ 9207.19    Repealed.

§ 9207.20    Repealed.

§ 9207.21    Repealed.

§ 9207.22    Repealed.

§ 9207.23    Repealed.

§ 9207.24    Repealed.

§ 9207.25    Repealed.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 Repealed.

Repealed by Ord. 19-1927. (Ord. 83-647, § 3; Ord. 94-1048U, § 1; Ord. 94-1048, § 1)

9207.20 Repealed.

Repealed by Ord. 94-1048. (Ord. 83-647, §§ 4 – 8)

9207.21 Repealed.

Repealed by Ord. 94-1048. (Ord. 83-647, §§ 4 – 8)

9207.22 Repealed.

Repealed by Ord. 94-1048. (Ord. 83-647, §§ 4 – 8)

9207.23 Repealed.

Repealed by Ord. 94-1048. (Ord. 83-647, §§ 4 – 8)

9207.24 Repealed.

Repealed by Ord. 94-1048. (Ord. 83-647, §§ 4 – 8)

9207.25 Repealed.

Repealed by Ord. 94-1048. (Ord. 83-647, §§ 4 – 8)

9207.26 Minor Lot Line Adjustments.

Minor lot line adjustments shall be processed and approved in accordance with the terms and provisions of this Section. Applications for minor lot line adjustments shall be submitted to the Community Development Department on such forms and attachments as may reasonably be required by the Department. The Director shall approve lot line adjustments between two (2) or more existing adjacent parcels where:

a. Land taken from one (1) parcel is added to an adjacent parcel or parcels;

b. A greater number of parcels than originally existed is not thereby created; and

c. The lot line adjustments complies to all applicable codes of the City.

The decision of the Director shall become effective and final fifteen (15) days after the date of the notice of decision unless an appeal is filed in accordance with CMC 9173.4. (Ord. 85-714, § 2)

9207.27 Merger of Contiguous Parcels.

(a) Pursuant to Section 66451.11 of the Subdivision Map Act, the City may merge a parcel with a contiguous parcel held by the same owner if the City causes to be recorded with the County Recorder a notice of merger, if any one (1) of the contiguous parcels held by the same owner does not conform to standards for minimum parcel size, and if the following requirements are satisfied:

(1) At least one (1) of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially located on a contiguous parcel or unit;

(2) With respect to any affected parcel, at least one (1) of the following conditions exists:

a. The parcel comprises less than five thousand (5,000) square feet in area at the time of the determination of merger.

b. The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

c. The parcel does not meet current standards for sewage disposal and domestic water supply.

d. The parcel does not meet slope stability standards.

e. The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

f. The parcel’s development if not merged with another parcel would create health or safety hazards.

g. The parcel is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

(b) Prior to recording a notice of merger, the property owner shall be mailed by certified mail a notice of intention to determine status. The notice of intention shall be recorded with the County Recorder on the same date. The notice of intention shall state that the affected parcels may be merged and advise the owner that he has thirty (30) days within which to request a hearing on determination of status and that at such hearing he will be given the opportunity to present evidence that the property does not meet the criteria for merger. Upon receiving a request for a hearing, the Director shall set a time, date and place for a hearing to be conducted by the Commission and shall notify the property owner by certified mail. Unless otherwise agreed to by the Director and the property owner, the hearing shall be conducted within sixty (60) days following receipt by the City of such request. The property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger.

(c) At the conclusion of the hearing, the Commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the property owner. A determination of nonmerger may be made whether or not the affected parcels meet the standards of this Section.

(d) The decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC 9173.4. An appeal shall be considered by the Council as provided in CMC 9173.4.

(e) If the owner does not request a hearing within thirty (30) days as provided in this Section, the City may then make a determination that the parcels are to be merged or are not to be merged.

(f) A determination of merger shall be recorded with the county recorder within ninety (90) days of such determination if there is no hearing, or if a hearing is held, within thirty (30) days after the City’s decision becomes final. (Ord. 87-788, § 1)

9207.28 Merger of Parcels Requested by Subdivider.

(a) Notwithstanding the provisions of CMC 9207.27, four (4) or fewer contiguous parcels may be merged without reverting to acreage upon request by the property owner. Such merger shall be authorized if the following conditions are met:

(1) The applicant is the owner of the contiguous parcels which are sought to be merged;

(2) The applicant submits a plat map showing sufficient mathematical and survey information to adequately establish the boundaries of the division of land and each parcel thereof to the satisfaction of the Director; and

(3) An application is submitted to the Community Development Department on such forms and attachments as may reasonably be required by the Director.

(b) The Director shall approve such merger of parcels if the conditions set forth in this Section are met and the merger complies with all provisions of the Carson Municipal Code. Conditions related to the merger may be imposed as deemed necessary to carry out the intent of this Chapter and to protect the public health, safety and general welfare. A Certificate of Compliance shall be recorded if the merger of parcels is approved pursuant to this Section. (Ord. 87-788, § 2)

9207.29 Reserved.

9207.30 Reserved.