This and subsequent sections shall regulate and control subdivisions for which a tentative and final or parcel map are required. Included are condominiums, planned developments, community apartment projects and stock cooperatives as set forth in Section 9915. Excluded are lot splits as set forth in Section 9947 et seq. of this Code. Covenants, Conditions and Restrictions shall be as set forth in Section 9132 of this Code.

This Code shall be inapplicable to subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet as set forth in Section 66412.5 of the Subdivision Map Act.

The "Subdivision Map Act" shall mean Division 2 of Title 7 of the Government Code of the State of California. It is the intent of this chapter to make specific reference to the Subdivision Map Act, where applicable. However, where no specific reference is made, the intent is that the Subdivision Map Act shall govern.

Except as otherwise provided in this chapter, all terms used which are defined in the Subdivision Map Act are used as so defined, and the following words and phrases shall be defined as hereinafter set forth unless from the context hereof it clearly appears that a different meaning is intended.

The "Advisory Agency" charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions of real property shall be the Planning Commission of the City.

The "Appeal Board" charged with the duty of hearing and making determinations upon appeals with respect to divisions of real property, the impositions of requirements or conditions thereon, or the kinds, nature and extent of the design or improvements or both, recommended or decided by the Advisory Agency to be required, shall be the City Council.

"City Engineer" shall be deemed to mean the City Engineer of the City.

"City Planner" shall be deemed to mean the City Planner of the City.

A "Final Map" shall mean a map showing division of land as described in Chapter 2, Article 2, of the Subdivision Map Act.

"General Plan" shall mean the most recently adopted General Plan of the City.

"Legislative Body" shall mean City Council of the City.

"Local Agency" shall mean the City.

"Parcel Map" shall mean a map showing division of land as described in Chapter 2, Article 3, of the Subdivision Map Act.

"Separated Parcels" are those portions of land which are or have been separated or divided by any parcel of land other than a street, alley, railroad right-of-way, public utility right-of-way, or flood control right-of-way.

"Subdivision Committee" shall mean the Subdivision Committee of the City. Such committee shall consist of the following members:

"Vesting tentative map" shall mean a tentative map or tentative parcel map for a residential subdivision and shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with Chapter 9 and is thereafter processed in accordance with the provisions of Section 9917 et seq.

The necessity for tentative, final and parcel maps shall be covered by the provisions of this chapter. Of the maps required by this division, only final and parcel maps may be filed for record in the office of the County Recorder. No final map or parcel map shall be filed with the City without the written consent of all parties having any record title interest in the real property proposed to be subdivided, except as otherwise provided herein.

Tentative maps shall be required for all subdivisions requiring final maps. A tentative map may be required for a subdivision requiring a parcel map, as determined by the City Planner.

Before filing a tentative map the subdivider shall obtain from the Los Angeles County Engineer the assignment of a number for the tract to be subdivided.

Each tentative map shall be drawn to a scale so as to clearly show the details of the plan thereon.

The tentative map shall show and contain the following matters as an aid to the Planning Commission in its consideration of the design of the subdivision:

A parcel map shall be required for subdivisions as to which a final or parcel map is not otherwise required by the Subdivision Map Act, unless waived in accordance with Section 9947 of this Code. Where the requirement for a parcel map is waived pursuant to the provisions of the Section 9947 of this Code, a tentative map may be required by the City Planner.

The content and form of parcel maps shall be generally governed by the provisions of Chapter 2, Article 3, of the Subdivision Map Act.

The title sheet of each parcel map shall contain a title consisting of a number assigned by the County Engineer for the parcel map along with the words "Parcel Map" and "In the City of Downey."

The bearing and length of each lot line and boundary line shall be shown on the parcel map, provided that when bearing 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 and no ditto marks or other designation of repetition shall be used.

There shall be shown upon each parcel map the centerline of each highway, street or way, the total width thereof, the width of that portion, if any, to be dedicated, and in the case of any existing highways, streets or ways, the width thereof and 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.

Parcel maps shall show the width of railroad right-of-way, flood control, sewer or drainage easement and any other easement, whether previously of record or offered for dedication on said parcel map. Upon each 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 such easement is not definitely located of record, a statement showing the existence of such easement shall be placed on the map. All easements shown shall be designated on the parcel map by fine dashed lines. Distances and bearings on the 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. The width of easements and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate such easements with respect to the proposed subdivision and each parcel affected thereby shall be shown on the parcel map.

Parcel maps shall show each City boundary line crossing or adjoining the subdivision and such lines shall be clearly designated and tied in.

If any portion of the land within the boundaries of the subdivision shown on the parcel map is subject to inundation or flood hazard by stormwaters, as determined in accordance with the National Flood Insurance Program (Federal), such fact and portion shall be clearly shown on the parcel map by a prominent note on such map.

In the event that a dedication of right-of-way for storm drainage purposes is not required, the Planning Commission may require that the location of any watercourse, channel, stream or creek, be shown on the parcel map.

Any parcel map presented to the City for recordation and acceptance of easements 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 or not such structures are on recorded easements.

In addition to the provisions outlined in Section 66445 (f) of the Subdivision Map Act, any final map of a parcel map presented to the City for recordation and acceptance of easements shall have written thereon, in addition to or as a part of any other certificates required, a certificate signed by the owner and the subdivider 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 lands included within the parcel map 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 City Engineer, 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 drains, that we will grant no right or interest within boundaries of said easements offered to the public, except where such right or interest is expressly made subject to said easements.

A final map shall be required for all subdivisions in accordance with Chapter 2, Article 1, of the Subdivision Map Act.

The content and form of a final map shall be generally covered by the provisions of Chapter 2, Article 2, of the Subdivision Map Act.

The title sheet of each final map shall contain a title consisting of the number of the subdivision along with the words "In the City of Downey."

There shall be shown upon each final map the centerline of each highway, street or way, the total width thereof, the width of that portion, if any, to be dedicated, and in the case of any existing highways, streets or ways, the width thereof and the width of each highway, street or way on each side of the centerline thereof. On each such centerline shall be shown the length and bearing of each tangent and radius, central angle and the length of each curve.

Upon the final map shall be shown each City boundary line crossing or adjoining the subdivision and such lines shall be clearly designated and tied in.

If any portion of the land within the boundaries of the subdivision shown on the final map is subject to inundation or flood hazard by stormwaters, as determined in accordance with the National Flood Insurance Program (Federal), such fact and portion shall be clearly shown on the final map by a prominent note on such map.

Any final map of a subdivision presented to the City for recordation and acceptance of easements 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 or not such structures are on recorded easements.

In addition to the provisions outlines in Section 66436 of the Subdivision Map Act, any final map of a subdivision presented to the City for recordation and acceptance of easements shall have written thereon, in addition to or as a part of any other certificates required, a certificate signed by the owner and the subdivider 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 lands 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 City Engineer, 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 drains; that we will grant no right of interest within boundaries of said easements offered to the public, except where such right of interest is expressly made subject to said easements.

In addition to the provisions outlined in Section 66436 of the Subdivision Map Act, the following waiver may be accepted on a final map. If the owner of an easement or right-of-way of any kind or nature in any right-of-way offered for dedication, who has no other interest whatever in any part of the lands included within the subdivisions, refuses to make his easement subject to any right-of-way offered to the public, but the final map in all other respects complies with these regulations, and the City Council finds that the subdivider has in good faith attempted to obtain the necessary signatures from such owner and has been unable to do so, and that a refusal to accept the final map for recordation would work an undue hardship on the subdivider, then by a majority vote of all its members the City Council may accept such map without said signature.

"Records of Survey" shall be considered only as records of surveying information with regard to existing conditions of the parcel or parcels involved. Records of Survey shall not be used for subdivision or lot split purposes.

In addition to Section 66427 of the Subdivision Map Act, maps of condominiums, community apartment projects and stock cooperative projects shall also comply with the following:

In a subdivision consisting of a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code, maps of such subdivisions need not, but may, show the design of all buildings and manner in which the buildings or the air space above the property shown on the maps are to be divided. In all other respects, the provisions of these regulations shall apply to such subdivisions.

Plans under this section shall be prepared in accordance with The Professional Engineers' Act of the Business and Professions Code, beginning with Chapter 7 of Division 3 (Section 6700 et al.). Plans showing improvements required by these regulations shall be furnished to the City Engineer no later than the time of submitting the final map or parcel map to the City Engineer for checking, and such improvement plans shall be subject to the approval of the City Engineer before any such final map shall be recommended for approval by the City Council, or before any such parcel map shall be transmitted for filing with the County Recorder; provided, however, that a subdivider may deposit the final map, or parcel map, with the City Engineer for preliminary review prior to formally submitting it for approval. Such improvement plans shall show sufficient detail to enable the intended improvements to be completed.

The grading plan shall show the drainage pattern of each lot being created by the subdivision as well as the drainage pattern of the entire subdivision, including easements and public ways. The proposed drainage patterns shall be designed in accordance with City standards.

The street plans shall show all proposed streets, highways and alleys in both plan and profile. However, the profile may be substituted for showing existing and proposed elevations on the plan in sufficient detail so as to identify the intent of the proposed plan. All grade breaks shall be shown on curbs and flow lines.

Curb elevations of each side of a street should be at approximately the same elevation at the same station. Generally, the design shall be in accordance with City standards.

All storm drain systems required in connection with a subdivision shall be designed in accordance with City standards and shall be shown on a separate plan and profile. All known existing and proposed substructures in the vicinity of the storm drain system shall be shown on plan and profile.

The proposed sanitary sewer main, house laterals and appurtenances shall be designed in accordance with City standards and provisions of this Code and shall be shown on a separate plan and profile. All known existing and proposed substructures in the vicinity of the sanitary sewer system shall be shown on plan and profile.

The water supply system, including, but not limited to, main lines, service lines, meters, valves, fire hydrants and other appurtenances, shall be designed in accordance with City standards and shall be shown on a separate plan.

The diameter of main lines and fire hydrant locations within the subdivision shall be determined by the Fire Chief based upon the fire flow requirements, and by the Director of Public Works based upon domestic need, but in no case shall be less than six inches (6″) in diameter.

In the event fire hydrants are to be provided as part of the improvements, a shutoff valve shall be installed between any such fire hydrant and the mainline supplying water thereto. The valve cover shall be located outside of the curb and gutter. Hydrants shall have minimums of one two-and-one-half-inch (2-1/2″), and one four-inch (4″) outlets. All fire protection (fire hydrants) shall be installed and operating prior to any combustible framing operations. Alternative means of protection may be submitted to the Fire Chief for consideration.

A street lighting system shall be designed in accordance with Utility Company and City standards. It shall be shown on a separate plan or on a plan containing proposed underground utility facilities.

Underground facilities, such as electric power lines, telephone lines, cable television lines, and natural gas piping, shall be designed in accordance with the respective industry standards and shall be shown on a separate plan or on the plan illustrating the street lighting system. The various systems shall be designed so as not to interfere unduly with one another, to the extent that no system or portion of a system should have to be relocated after its initial installation.

In the event landscaping in the public right-of-way is required or proposed, the plan shall show the size and species of all plant materials along with the location of trees. Irrigation systems shall be shown in sufficient detail to enable the intended improvement to be completed.

Sections 9917 through 9917.9 are enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California.

It is the purpose of Sections 9917 through 9917.9 to establish procedures necessary for the implementation of the vesting tentative map statute as described in Section 9917 and to supplement the provisions of the Subdivision Map Act and Chapter 9 of the Downey Municipal Code. To accomplish this purpose, the regulations outlined in these sections are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

The City Council of the City of Downey finds, determines and declares that:

All persons submitting a vesting tentative map shall pay all fees required for subdivision in accordance with Chapter 9.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data, and reports as required for tentative maps and tentative parcel maps pursuant to this chapter, and shall be processed in the same manner as set forth in this chapter except at the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

The approval or conditional approval of a vesting tentative map shall not limit the City from imposing reasonable conditions on required approvals or permits necessary for the project and authorized by the ordinances, policies and standards of the City of Downey in effect at the time the vesting tentative map is approved or conditionally approved.

Modifications to an approved vesting tentative map shall be processed in accordance with the procedures for modifications to tentative maps.

The procedures set forth in this chapter shall govern the processing, approval, conditional approval, or disapproval and filing of tentative, final and parcel maps. After a tentative map or a preliminary parcel map has been submitted to the Planning Division of the City, the City Planner shall convene the Subdivision Committee. The Subdivision Committee shall submit its recommendations for the proposed subdivision, in writing, to the Planning Commission. In the event the Subdivision Committee makes a recommendation or report which is not satisfactory to the subdivider, he or she may appear before the Planning Commission and present any matters relative thereto.

A public hearing shall be held in connection with a subdivision. The procedure to be followed shall be in accordance with the provisions of Section 66451.3 of the Subdivision Map Act as well as Section 9160.06(b)(2) of this Code.

The procedure and practice of all survey work done on any subdivision, whether for preparation of a final map or parcel map, shall conform with accepted standards of land surveying.

In all cases where a parcel map is required, such map shall be based upon a field survey in conformity with the Land Surveyors' Act or shall be compiled from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map if the location of at least one of these boundary lines can be established from an existing monumented line.

A final map, which must be prepared by or under the direction of a registered Civil Engineer or licensed Land Surveyor, shall be based upon a field survey. The allowable error of closure on any portion of a final map or a parcel map shall be no more than 1/10,000 for the boundary of the subdivision, and no error greater than 0.01 feet in any one lot.

A tentative map must first be submitted to the Planning Division of the City for review and processing. A review by other agencies shall be in accordance with Chapter 3, Article 3, of the Subdivision Map Act. The Planning Commission shall approve conditionally, approve or disapprove a map or maps of subdivisions in accordance with Chapter 3, Article 2, of the Subdivision Map Act. An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval in accordance with Section 66452.6 of the Subdivision Map Act, except that, if an additional period of time is allowed by the Planning Commission, such additional period of time shall not exceed 12 months.

Upon application and prior to the expiration of the approved or conditionally approved tentative map, the subdivider may file for an extension of time. Such extension of time may be granted for just cause by the Planning Commission for a period not to exceed one year, as provided in Section 66452.6 (e) of the Subdivision Map Act.

The procedure for appeals by a subdivider or any interested person shall be in accordance with the provisions of Section 66452.5 of the Subdivision Map Act.

The tentative and the final parcel map must be filed with the Planning Division of the City for review and processing. The Planning Commission shall approve conditionally, approve or disapprove, the parcel map in accordance with Chapter 3, Article 5, of the Subdivision Map Act. Requirements imposed in connection with parcel maps shall be in accordance with the provisions of Section 9930 et seq. of this Code.

When a tentative parcel map is required, it shall expire 24 months after its approval or conditional approval. Upon request, an additional period of time may be allowed by the Planning Commission, not to exceed 12 months.

The Planning Commission and the City Council shall approve conditionally, approve or disapprove a final map in accordance with Chapter 3, Article 4, of the Subdivision Map Act. Requirements imposed in connection with a subdivision where a final map is required shall be in accordance with the provisions of Section 9930 et seq. of this Code.

After the receipt of a print of a final map or parcel map, the City Engineer and City Planner shall report, in writing, to the Planning Commission as to the compliance or noncompliance of such map with all applicable laws, and if such map does not so comply, they shall file a statement of the changes necessary to cause such map to so comply.

Upon the filing of a final map or parcel map with the Planning Division, it shall be accompanied by 15 prints thereof.

The evidence of title required by the provisions of Section 66465 of 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 or parcel 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 of the City Engineer when such final map or parcel map is ready for recordation.

When the requirement of the filing of a parcel map is waived by the Planning Commission, the subdivider shall submit satisfactory evidence that the persons with record title ownership have consented to the proposed division in accordance with the provisions of Section 66445 (f) of the Subdivision Map Act.

The filing of final maps and parcel maps with the Los Angeles County Recorder shall be in accordance with the provisions of Chapter 3, Article 6, of the Subdivision Map Act.

Subdivided real property may be reverted to acreage pursuant to the provisions of Chapter 6, Article 1, of the Subdivision Map Act.

Requirements imposed by the City on subdividers shall be in accordance with the provisions of Chapter 4, Article 1, of the Subdivision Map Act and also in accordance with this chapter.

When a tentative map is submitted, the Planning Commission may require the subdivider to show any of the following:

The City, upon application to the City Planner, shall waive the provisions of this chapter requiring disapproval of maps for failure to meet or perform state or local requirements or conditions, when the failure of a map submitted for approval is the result of a technical and inadvertent error which, in the determination of the City does not materially affect the validity of the map. Such waivers shall not result in the invalidation or negation of any substantive requirement of this chapter, the Subdivision Map Act or any other ordinance, statute or regulation.

Dedications required in connection with subdivisions shall be in accordance with the provisions of Chapter 4, Article 3, of the Subdivision Map Act at the option of the City Engineer.

When dedications or offers of dedication are required, they shall be made by certificate on the parcel map in accordance with the provisions of Section 66447 of the Subdivision Map Act. Dedications or offers of dedication shall be accepted or rejected by the City Council. When hardship is proven, the Planning Commission may allow the dedication to be shown on a second certificate.

The City may require the dedication or irrevocable offer of dedication of real property within the subdivision for streets, highways, alleys and local transit facilities, such as bus turnouts, benches, shelters, landing pads, etc., which directly benefit the residents of the subdivision, in accordance with Section 66475.2 of the Subdivision Map Act. The consideration of dedication shall also include access rights and abutter's rights. Such irrevocable offers may be terminated as provided in Section 66477.2 (c) and (d) of the Subdivision Map Act.

In accordance with the provisions of Section 66476 of the Subdivision Map Act the City may require a waiver of direct access rights to any street or highway dedicated or offered to be dedicated in connection with a proposed subdivision. If such waiver is accepted by the City Council, it shall become effective upon the completion of the required street or highway improvements.

In the event that a subdivision or any part thereof is traversed by a 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 Planning Commission, 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 map or parcel map.

If an artificial drainage facility is necessary for the general use of lot owners in the subdivision and for adequate drainage needs, the subdivider may be required to dedicate an adequate right-of-way for such drainage channel.

If, in the opinion of the Planning Commission, 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, then the subdivider map may be required to show upon the maps and dedicate necessary public easements for such sewers or storm drains or both.

The Planning Commission may require the subdivider to dedicate easements for underground utility and cable television facilities in accordance with the respective industry standards.

Except as set out hereinafter, all parcels of land intended for public use in a subdivision shown on the final map thereof shall be offered for dedication for public use, provided, however, that with the approval of the City Council any street, highway, alley or way which is intended to be kept physically closed to public travel or posted as a private road or alley at all times may be shown as a private road or alley, but in any such case the final map shall contain a condition offer of dedication which may be accepted by the City Council 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 at least three months. Any such private road shall be shown on such map by heavy, dashed lines. Sufficient data shall be shown on each private road or alley to define its boundaries, as is required for a public street, and also sufficient mathematical data to clearly show the portion of each lot within such street. The design and improvement of any such private road shall be subject to all of the requirements prescribed by these regulations for public streets.

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 map of a subdivision, or parcel map, the subdivider, in lieu of offering such right-of-way for dedication, may show such right-of-way upon the final map, or parcel map, thereof as a private right-of-way, and prior to the approval of such final map shall file with the City Engineer 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 Section 9940 et seq. of this Code.

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 City Engineer to the City Council for acceptance.

Every subdivider who subdivides land shall dedicate a portion of such land, pay a fee, or do both, as set forth in this chapter for the purpose of providing park and recreational facilities to serve future residents of such subdivisions.

The provisions of this section do not apply to commercial or industrial subdivisions unless they include residential development, nor do they apply to condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

It is hereby found and determined:

Population density for the purpose of this chapter shall be calculated at two and one-half persons for each single-family detached dwelling unit and duplex, and two persons for all other dwellings.

The amount of land to be dedicated by a subdivider pursuant to this chapter shall be based on the following:

For each single family detached dwelling unit and duplex, a total of 375 square feet of park land shall be dedicated, and 300 square feet of park for all other dwellings.

On January 2, 1981, and each year on January 2, thereafter, the City shall calculate an inflation factor for park in-lieu fees. This inflation factor will be based on the "Consumer Price Index-Urban" (CPI-U) as published by the Bureau of Labor Statistics for the Los Angeles-Long Beach area and shall be calculated as follows. The preceding year's (CPI-U) shall be divided into the December 31 (CPI-U) for the previous year. This preceding yearly park in-lieu fee shall then be multiplied by the quotient thereby establishing the new park in-lieu fee, provided however, that:

The proposed inflation factor shall be reduced to 50% of the CPI-U if the CPI exceeds 6% per year. No factor would be applied in the event the CPI-U increased at or below six percent. The inflation factor applies on January 1, 1981.

Where a fee is required by the City Council in-lieu park land dedication, the amount of such fee shall be determined as follows:

If the City Council finds that it is in the public interest, private open space design for parks and recreational purposes, which shall be privately owned and maintained by the future residents of a particular proposed subdivision, may be credited toward either park fees or park in-lieu requirements as set out below, provided the following criteria are met:

The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

Whether the City Council accepts dedication or elects to require payment of a fee in-lieu thereof, or a combination of both, shall be determined by consideration of the following:

At the time the final tract map is approved, the City Council shall designate the time when development of the park or recreational facilities shall be commenced.

The Planning Commission may require, as a condition of approval of tentative maps, the dedication of easements for the purpose of assuring the right to receive sunlight across adjacent parcels in the subdivision for which approval is sought for any solar energy system, in accordance with the provisions of Section 66475.3 of the Subdivision Map Act.

A soils report shall be required in accordance with the provisions of Chapter 4, Article 7, of the Subdivision Map Act.

A soils report may be waived in accordance with Section 66491 of the Subdivision Map Act.

The Planning Commission or the City Council may require a subdivider to construct or install improvements for the benefit of the residents of the subdivision.

All highway improvements, including drainage structures incidental thereto, shall be installed to alignments and grades as approved by the City Engineer. When required, traffic-control devices and street name signs shall be furnished and installed in accordance with City standards. Each highway, other than a major or secondary highway, and each street, shall have a width of right-of-way and a width of roadway sufficient to serve adequately the area proposed to be subdivided, taking into consideration the size and nature of the proposed subdivision and its relationship to surrounding properties. Construction shall be performed in accordance with City standards.

Construction of storm drain facilities shall be performed in accordance with City standards. In the event the City requires that completed facilities be maintained by the Los Angeles County Flood Control District, the subdivider shall obtain the approval of that agency for his proposed design and construction.

The sanitary sewer system shall be installed and/or constructed in accordance with City standards and Code provisions.

The water supply system in any subdivision shall be installed in accordance with City standards and Code provisions. Whenever a proposed subdivision is located within an area which the Water Division of the City is able and willing to serve, and the City is willing and able to provide the water service to the lots, the City shall be chosen as the water purveyor for the proposed subdivision, and such stipulation shall be attached as a condition of approval of the subdivision.

When fire hydrants are required as part of the improvements, the subdivider shall furnish and install the fire hydrant heads.

Street lighting systems shall be installed in accordance with City standards and those of the Utility Company.

Trenches for underground cable and/or conduit shall be backfilled in accordance with City standards.

Utility and cable television facilities shall be required to be installed underground in new subdivisions in accordance with the respective industry standards, unless such requirement is waived by the Planning Commission. Wherever possible, the cable television facilities shall share the trench with power and/or telephone lines. Backfilling of trenches shall be in accordance with City standards.

In any subdivision where subdivider proposes or is required to plant trees or shrubs in the streets, the subdivider shall first secure from the City Engineer, approval of the type or species and location of such trees or shrubs. Preparation of the soil prior to the installation of such trees or shrubs and the method of installation shall be in accordance with City standards.

Irrigation systems along with backfilling of trenches shall conform with City standards.

All improvements required to be installed by the subdivider in connection with a subdivision are for the benefit of the residents within that subdivision. However, if a subdivider installs improvements in connection with a subdivision which will benefit residents outside the subdivision, and such improvements are dedicated to the public, the subdivider may be entitled to a pro rata reimbursement by the City for such improvement, as determined by the City Council and in accordance with the provisions of Chapter 4, Article 6, of the Subdivision Map Act.

The subdivider shall grade and improve or agree to grade and improve all land dedicated or to be dedicated on a final map, or parcel map, for streets, highways, public ways and easements in such a manner and with such improvements as are necessary for the general use of the residents in the subdivision and for local neighborhood traffic and drainage needs.

Each lot in any subdivision shall have a frontage and depth not less than that required by the comprehensive Zoning Ordinance.

The following standards shall apply to all proposed subdivisions within the Single Family Residential (R-1) zones. All subdivision developments shall also utilize the designs for considerations and recommendations regarding the design and placement of new subdivided lots:

The subdivider shall be required to pay the applicable fees at the time of filing of the respective maps or plans and in accordance with Section 66451.2 of the Subdivision Map Act and with such fees as shall be established by a resolution adopted by the City Council.

The subdivider shall pay to the City a tentative map or tentative parcel map checking fee at the time of filing. Such fee shall be established by a resolution adopted by the City Council.

Final maps and parcel maps shall be checked and processed by the City Engineer. Fees required for plan check shall be the actual cost to the City, including overhead. A deposit shall be made by the applicant in an amount estimated by the City Engineer. Should the actual cost be higher than the estimate, the difference shall be paid to the City prior to recording the map. Should the final cost be less than the estimate the difference shall be refunded to the depositor. This checking fee shall be in addition to all other fees and charges required by law.

Record of survey maps shall be checked and processed by the County Engineer. The fees required for such plan checking shall be paid by the developer directly to the County Engineer. Such fee shall be in addition to all other fees and charges required by law.

The subdivider shall pay to the City a checking fee for improvement plans prior to the plan checking. Such fee shall be established by a resolution adopted by the City Council.

After the approval by the City of a final map or parcel map of a subdivision, said map shall be transmitted to the County Recorder as provided for in Section 66464 of the Subdivision Map Act. Payment for recordation shall be made by the developer as required by State Law.

The preservation and setting of all required monuments in connection with a subdivision shall be in accordance with Chapter 4, Article 9, of the Subdivision Map Act.

When a field survey is required, each final map, or parcel map, shall show all durable monuments found at or near each boundary corner and at intermediate points, and where required, each final map and parcel map shall show all durable monuments set at or near each boundary corner and at such intermediate points as may be made necessary by topography to insure accuracy in reestablishment of any point of a line without unreasonable difficulty.

The precise position and character of each such monument shall be shown on such map. Such durable monument shall be not less substantial than an iron pipe of a two-inch outside diameter, not less than 30 inches in length, with plug and tack, and set at least two feet into the ground, or it shall be of such other character and stability as may be approved by the City Engineer. For the purposes of these regulations, a lead and tack set in permanent cement 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.

Whenever necessary, in the opinion of the City Engineer, centerline monuments shall be set to make the intersection of the streets, intersections of streets with the tract boundary, or to make either the beginning and end of curves or the points in intersections of tangents thereof, or other intermediate points. Each such monument shall be not less durable and substantial than:

For each centerline intersection 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 at least four durable and distinctive reference points with tie distances for each such intersection monument. Such reference points shall consist of leads and tacks in curbs or sidewalks, two inches by two inches wooden stakes set behind the curb line and below the surface of the ground, or such substitute therefor as appears to be less likely to be disturbed, as determined by the City Engineer.

Such set of notes shall be of such quality, form and completeness and shall be on paper of such quality and size as may be necessary to conform with the standardized office records of the City Engineer. All such notes shall be indexed and filed by the City Engineer as part of the permanent public records of this office.

All monuments 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.

In the event any of the monuments required to be set shall be set subsequent to the recordation of the final map or parcel map, as provided in Sections 66496 and 66497 of the Subdivision Map Act, the maps shall show which monuments are to be so set.

Prior to approval of the final map or parcel map, the subdivider shall submit a written agreement in which he agrees that the monument so deferred will be set within a specified time, and that the notes required in Section 9935.3 of this chapter will be furnished within a specified time. A deposit for the setting of deferred monuments shall be required.

All monuments shall be subject to inspection and approval by the City Engineer in conjunction with his checking of the map.

Requirements imposed by the City on subdividers with regard to improvements shall be secured in accordance with the provisions of Chapter 5 of the Subdivision Map Act.

In the event any improvements shall not be completed to the satisfaction of the City before the final map is filed or recorded, the subdivider shall, prior to the approval of the final map by the City Council, enter as a contractor into an agreement with the City whereby, in consideration of the acceptance by the City Council of the dedications offered on the final map and the approval of the final map, the subdivider, as such contractor, agrees to furnish all necessary equipment and materials and to complete such work in accordance with City standards within the time specified in such agreement.

Upon entering into any agreement pursuant to this section, it shall be required that performance of such agreement be guaranteed by the security specified in Chapter 5 of the Subdivision Map Act.

The subdivider shall provide the improvement security specified in a form approved by the City.

Subject to approval of the City as to the form, the subdivider may deposit with the City Treasurer any of the following means as security for the required improvements:

The subdivider may make an assignment to the City Treasurer as security for the required improvements. The assignment may be in the form of a savings pass book or similar certificate. An assignment agreement form shall be executed by the subdivider or assignor, the loan institution and the City.

The subdivider may provide an instrument of credit from one or more financial institutions subject to regulations by the State or Federal government which pledges that funds necessary to carry out the act or the provisions of the agreement are on deposit and guaranteed for payment. The form of an instrument of credit shall be approved by the City Attorney.

The security to guarantee the performance of any act or agreement shall include the following amounts:

The security furnished by the subdivider may be released in whole or in part in accordance with the provisions of Section 66499.7 of the Subdivision Map Act. The City Engineer shall determine if releases are appropriate and the amounts to be so released.

Before commencing any improvement, the subdivider shall make the following special deposits:

The City shall refund unused deposits as provided in this Code. In all cases not covered by this Code, if the actual cost of the 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 moneys.

In lieu of making the special deposit required for the cost of inspection of improvements by the City Engineer, the subdivider may make and maintain with the City a general deposit in an amount not less than $1,000. The amount of such general deposit shall be determined by the City Engineer 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 the 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, 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.

Five percent of the total deposit or instrument of credit shall remain in effect in force for one year following the date of completion and acceptance of the improvements against any defective work or labor done, or defective materials furnished, as provided in Section 9943 of this Code. The form to be executed for the coverage of the faithful performance shall be substantially as provided in Section 66499.1 of the Subdivision Map Act.

Upon the failure of a subdivider to complete any improvement within the time specified in an agreement, the City Council may, upon notice in writing of the not less than 10 days served upon the person signing such contract, or upon notice in writing of not less than 20 days served by registered mail addressed to the last known address of the person signing such contract, determine that said improvement work or any part thereof is uncompleted and may cause to be forfeited to the City such portion of said sum of money or bonds given for the faithful performance of said work as may be necessary to complete such improvement work.

The provisions of Section 9948.1 through 9948.8 of this chapter are enacted pursuant to the authority contained in Sections 11525 and 11535.1 of the Business and Professions Code of the State. Said provisions shall apply to subdivisions involving condominium projects.

Condominium projects require special additional regulations because of special problems resulting from the divided ownership of individual units, and the purpose of Sections 9984.1 through 9948.8 of this chapter is to provide reasonable standards for the location, design, and development of condominium projects and information contained in the precise plan of development which shall be filed with the tentative map.

A precise plan of design shall be required for the use or development of any lot or parcel of real property for a condominium project, irrespective of the area or size of such lot or parcel.

Each application for the approval of a precise plan of design for a condominium project shall include the following information and documents:

Applications for the approval of a precise plan of design for condominium projects shall be made in such form as the Planning Commission shall prescribe, and all applications for the approval of precise plans of design shall be processed, approved, modified, or rejected by the Planning Commission, irrespective of the area of the lot or parcel involved in any such project.

A tentative map of a condominium project may be approved subject to the imposition of reasonable conditions relating to the design and improvements of the subdivision.

Neither a tentative map nor a precise plan of design for a condominium project shall be approved unless the project will comply with the then existing building Codes and zoning regulations and all other Municipal Code requirements; provided, however, notwithstanding the foregoing, where minor variations from Code requirements exist with respect to the conversion of any existing structure to a condominium, and full compliance with Code requirements presents practical difficulties or would result in extreme hardship, the Planning Commission may waive literal compliance and approve the project upon finding that it generally conforms with the spirit and purpose of the provisions of Sections 9948.1 through 9948.8 of this chapter and other Code requirements.

The provision of Sections 9948.1 through 9948.7 of this chapter are intended to augment and be in addition to the provisions of Sections 9900 through 9947 of this chapter.

The purpose of Sections 9950 to 9950.13 is to provide a procedure by which the City may initiate the merging of two or more contiguous substandard parcels. The parcels must be held in common. This procedure is adopted pursuant to Sections 66451.10 through 66451.21, inclusive, of the California Government Code, State Subdivision Map Act ("Map Act") and the Charter of the City of Downey.

Pursuant to Section 66451.11 of the Map Act, the Director of Community Development may initiate a merger of substandard parcels held by the same owner, if any one of the contiguous parcels does not conform to the City's standards for minimum lot area, as provided by the Zoning Ordinance or applicable specific plan, and if the requirements of Section 9950.03 are satisfied; providing, however, that the parcels shall not be merged if any one of the conditions set forth in Subsections 66451 (a) through 66451.11 (e) inclusive, of the Map Act exists.

Substandard parcels proposed for merging must meet all of the following criteria:

Prior to merging parcels, the Director of Community Development shall cause to be mailed by certified mail to the then current record owner of the property, a Notice of Intent to Merge, notifying the owner that the affected parcels may be merged pursuant to Sections 9950.1—9950.13 of the Downey Municipal Code. The notice shall include the statement that the owner will be given the opportunity to request a hearing and present evidence that the proposed substandard merger does not meet the criteria for merger. The Notice of Intent to Merge shall be recorded with the Los Angeles County Recorder on the data that notice is given to the property owner of record.

For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as the date that Notice of Intent to Merge is recorded pursuant to Section 9950.04 of the Downey Municipal Code.

At any time in 30 days after recording of the Notice of Intent to Merge, the owner of the affected parcels may file with the Director of Community Development a request for a hearing on the proposed merger.

If, within the 30 day period specified in Section 66451.14 of the Map Act and Section 9950.06 of the Downey Municipal Code, the owner does not file a request for hearing, the Planning Commission may make a determination that the affected parcels are or are not to be merged. If the parcels are to merged, the Planning Commission shall cause to be recorded the Notice of Merger as provided for in Section 66451.12 of the Map Act and Section 9950.13 of the Downey Municipal Code. If the Planning Commission makes a determination of non-merger, it shall release the Notification of Intent to Merge in accordance with Section 9950.12.

After completion of the hearing by the Planning Commission, or if no hearing is requested, after completion of the 30 day period specified in Section 9950.07 of the Downey Municipal Code, the Planning Commission shall make the following findings in order to merge a substandard parcel:

At the conclusion of the hearing the Planning Commission shall make a determination as to whether the affected parcels are to be merged or not to be merged. The Commission shall notify the owner of its determination no later than five working days after the determination has been reached. If notification cannot be made at the time of the hearing to the owner in person, notification shall be made by certified mail. A determination of merger shall be recorded within 30 days after the conclusion of the hearing in accordance with Section 9950.13 of the Downey Municipal Code.

If, in accordance with Section 9950.03 and 9950.09 of the Downey Municipal Code, the Planning Commission determines that the parcels shall not be merged, it shall cause to be recorded in the manner specified in Section 9950.13 of the Downey Municipal Code, a release of the Notice of Intent to Merge. The property owner shall be mailed a clearance letter.

A merger of substandard parcels shall become effective upon recordation with the Recorder of the County of Los Angeles, a Notice of Merger specifying the determination of the Planning Commission, the name(s) of the recorded owner(s) and a legal description of the substandard parcels.

Section 66499.20-3/4 of the California Government Code, State Subdivision Map Act, permits merger of other parcels when contiguous parcels are held in common. It is the intent of the City to permit parcel mergers, since mergers will create larger parcels, furthering good planning practices and revitalization of the City. It is the intent of the City of Downey to regulate the merger of other parcels.

Merger of other parcels shall require a City application. Included with the application shall be a current policy of title insurance, indicating ownership and easements. The application shall include legal descriptions of the existing parcels and the proposed merged parcel. The application shall be accompanied by a map of the existing parcels and a map of the proposed merged parcel, prepared to the specifications of the City Engineer.

Other parcels proposed for merging must meet all of the following criteria:

For purposes of determining whether contiguous parcels are held in common, ownership shall be determined as of the date the application is filed.

The City may establish fees, including staff costs and costs of recordation of documents. Fees shall be established by Resolution of the City Council.

Application for merger of standard parcels shall be accompanied with service letters from all utilities necessary to develop the proposed parcel.

Upon determining the application is complete, the Director of Community Development shall cause the proposed merger to be set for public hearing in accordance with Section 9804 et seq. of the Downey Municipal Code. Notice shall be given to applicant and affected property owners pursuant to Section 9804.06(c) of the Downey Municipal Code. The hearing may be postponed or continued with the mutual consent of the Planning Commission and applicant.

Upon determining the application complete, the Director of Community Development shall cause to be recorded a Notice of Intent to Merge with the Recorder of the County of Los Angeles. The notice of intent to merge shall be filed on all affected parcels, indicating the property owner has filed an application to merge parcels.

After completion of the hearing, the Planning Commission shall make the following findings in order to merge other parcels:

At the conclusion of the hearing, the Planning Commission shall make a determination as to whether the affected parcels shall be merged or shall not be merged.

A record of survey for the merged parcel shall be completed, unless determined unnecessary by the City Engineer. Monumentation shall be made in accordance with the specifications of the City Engineer.

Appeal to the Planning Commission determination shall be made in accordance with Section 9950.11 of the Downey Municipal Code.

An urban lot split must satisfy each of the following requirements: