Chapter 130.04 — INTRODUCTORY PROVISIONS AND DEFINITIONS

(a)

The ordinance codified in this title is adopted pursuant to the provisions of the Subdivision Map Act.

(b)

All land divisions in the incorporated area of the city as hereinafter defined are subject to all of the applicable provisions of the Subdivision Map Act and this title.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.04.020. - Advisory agencies.

(a)

The city planning commission is designated as the "advisory agency" charged with the duty of making investigations and reports on the design and improvement of all proposed tentative schedules A, B, C, D and E maps that lie outside the area jurisdiction of the East Area Planning Council. The commission is authorized to approve, conditionally approve or disapprove all such tentative map land divisions and report the action directly to the board of supervisors and the land divider.

(b)

The East Area Planning Council is designated as the advisory agency charged with the duty of making investigations and reports on the design and improvement of all proposed tentative schedules A, B, C, D and E maps that lie within its area jurisdiction. The council is authorized to approve, conditionally approve or disapprove all such tentative map land divisions and report the action directly to the board of supervisors and the land divider.

(c)

The community development director of the city is designated as the "advisory agency" charged with the duty of making investigations and reports on the design and improvement of all proposed tentative schedules F, G, H and I parcel maps in the county. The community development is authorized to approve, conditionally approve or disapprove all such tentative map land divisions and to report the action directly to the board of supervisors and land divider.

(d)

Notwithstanding subsections (a) and (b) of this section, or any other provision in this title to the contrary, the board of supervisors reserves exclusively to itself the duty of to investigate, approve, conditionally approve or disapprove all tentative schedule E maps given fast track status. The board of supervisors also reserves exclusively to itself the duty to investigate, approve, conditionally approve or disapprove all minor change and amendment to final map requests for all maps encompassing property within the boundaries of

assessment district Nos. 159 and 161, community facilities district Nos. 84-2, 86-1, 87-1, 87-5 and 88-8. The board's actions shall be final with no further right of appeal.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

There is created a land development committee to act in an advisory capacity on all land divisions to the designated advisory agencies.

(1)

The land development committee shall consist of representatives from the following departments and districts:

a.

Transportation and land management agency;

b.

Planning department;

c.

Transportation department;

d.

Department of building and safety;

e.

Health department;

f.

The county flood control and water conservation district;

g.

Coachella Valley water district;

h.

East Blythe water district;

i.

Fire department.

(2)

The land development committee shall consider all land use proposals and report its findings and recommendations to the advisory agency for their decision.

(3)

A representative from one of the departments or districts set forth in subsection (1) of this section shall coordinate recommendations from the other departments and districts, under the supervision of the planning department.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.04.040. - Appeal boards.

(a)

The East Area Planning Council is established as the appeal board to which the land divider or any interested person may appeal from any action of the advisory agency with respect to tentative schedules F, G, H and I maps that lie within the area jurisdiction of the East Area Planning Council.

(b)

The city planning commission is established as the appeal board to which the land divider or any interested person may appeal from any action of the advisory agency with respect to tentative schedules F, G, H and I maps that lie outside the area jurisdiction of the East Area Planning Council.

(c)

The city council is established as the appeal board to which the land divider or any interested person may appeal from any action of the city planning commission or East Area Planning Council with respect to all tentative maps.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.04.050. - Suspensions.

Notwithstanding sections 130.04.010 through 130.04.040, or any other provision in this title to the contrary, operation of the East Area Planning Council is suspended and its authority and duties transferred to the planning commission.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.04.060. - Definitions.

(a)

General definitions. In this title, unless the context otherwise requires, the following words shall have the following meanings.

Advisory agency means the planning commission, the East Area Planning Council or the community development director as specified in section 130.04.020.

Building official means the director of the building and safety department of the city.

Community development director means the community development director of the city.

County surveyor means the surveyor of Riverside County.

Community services district means a community services district which has the power to construct and maintain streets.

Department of transportation means the state department of transportation.

Director of transportation means the director of the transportation department of the city.

Fast track status means the status conferred on a map by majority vote of the city council or by the executive director of the city economic development agency in accordance with the provisions of city council policy.

Fire chief means the chief of the fire protection agency or designee having jurisdiction of the area in which a land division is located.

Flood control engineer means the person as determined by the area in which a land division is located as follows:

(1)

Within the boundaries of the county flood control and water conservation district, it means the chief engineer of that district;

(2)

Within the boundaries of the flood control jurisdiction of the Coachella Valley water district, it means the general manager-chief engineer of that district;

(3)

Outside the boundaries of either of the districts set forth in this definition, it means the person designated by the city council to perform the flood protection studies.

Health officer means the health officer of the city.

Land use ordinance means the zoning code, title 120, planning and zoning, of this Code.

Prime agricultural land and the Williamson Act means land which:

(1)

Qualifies for rating as class I or II in the soil conservation service land use capability classifications;

(2)

Qualifies for rating 80 through 100 in the Storie Index Rating;

(3)

Supports livestock used for production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture;

(4)

Land planted with fruit of nut-bearing trees, vines bushes or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $200.00 per acre; or

(5)

Land which has returned from the production of unprocessed agricultural plant products and annual gross value of not less than $200.00 per acre for three of the previous five years.

Recorder means the recorder of the county.

Staff means the employees of the transportation and land management agency, the health and fire departments and the county flood control and water conservation district.

Transportation and land management agency means the departments of planning, transportation and building and safety consolidated into one agency.

(b)

Technical definitions.

Approved fire hydrant means an appliance meeting AWWA pamphlet C-502 or C-503 standards and approved by the water company and fire department having jurisdiction.

Comprehensive general plan means the comprehensive general plan of the city, including all elements thereof, as adopted by the city council.

Contiguous units means adjacent parcels of land which shall be considered contiguous even if separated by roads, streets, utility easements or railroad rights-of-way.

Design means:

(1)

Street alignments, grades and widths;

(2)

Drainage and sanitary facilities and utilities, including alignments and grades thereof;

(3)

Location and size of all required easements and rights-of-way;

(4)

Fire roads and firebreaks;

(5)

Lot size and configuration;

(6)

Traffic access;

(7)

Grading;

(8)

Land to be dedicated for park or recreational purposes; and

(9)

Such other specific physical requirements in the plan and configuration of the entire land division as may be necessary or convenient to ensure consistency with or implementation of the comprehensive general plan or any adopted specific plan.

Environmental constraint note means any note required by the conditions of approval to be shown on an environmental constraint sheet and reference made thereto on the final map. This shall be required when constraints involving but not limited to any of the following are conditioned by the advisory agency or city council: archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, seismic lines and setbacks, fire protection, water availability and sewage disposal.

Environmental constraint sheet means a duplicate of the final map on which are shown the environmental constraint notes. This sheet shall be filed simultaneously with the final map, with the county surveyor, and labeled "environmental constraint sheet" in the top margin. Applicable items will be shown under a heading labeled "environmental constraints notes." The environmental constraint sheet shall contain the statement: "The environmental constraint information shown on this map sheet is for informational purposes describing conditions as of the date of filing, and is not intended to affect record title interest. This information is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of this map sheet."

Fire hazard areas means area within the city so designated on the map entitled "hazardous fire areas of the city" on file in the office of the city clerk and in the office of the city fire chief.

Improvement means any street work, surveys and monuments and utilities to be installed, or agreed to be installed, by the land divider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic needs as condition precedent to the approval and acceptance of the final map thereof. The term "improvement" also means such other specific improvements or types of improvements the installation of

which, either by the land divider, public agencies, private utilities, any other entity or by any combination thereof, is necessary or convenient to ensure consistency with and implementation of the conditions of approval of the tentative map and the comprehensive general plan and any adopted specific plan.

Improvement standards means the standards set forth in this title and other ordinances related to the development of land as a subdivision or parcel map division.

Land division or subdivision.

(1)

The term "land division" or "subdivision" means the division of any unit of units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, gift or financing, whether immediate or future. The term "land division" or "subdivision" includes both tract map and parcel map divisions of land defined as follows:

a.

The term "tract map division" means a land division creating five or more parcels, five or more condominiums as defined in Civil Code § 783, a community apartment project containing five or more parcels, or the conversion of a dwelling to a stock cooperative containing five or more dwelling units.

b.

The term "parcel map division" means a land division where any of the following conditions prevail:

1.

The land is divided into four or less parcels;

2.

The whole parcel before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedication or improvements are required for the land division;

3.

Each parcel created by the land division has a gross area of not less than 20 acres up to 40 acres and each parcel has an approved access to a maintained public street or highway;

4.

The land consists of a parcel of land having approved access to a public street or highway, is part of a tract of land zoned for industrial or commercial development, and is approved as to street alignment and width;

5.

Each parcel created by the land division has a gross area of 40 acres or more, or each of which is not less than a quarter of a quarter section.

(2)

The term "land division" or "subdivision" does not include:

a.

The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;

b.

Agricultural, gas, oil or mineral leases;

c.

Land dedicated for cemetery purposes under the California Health and Safety Code;

d.

The division of land caused by the acquisition of a property interest by any public entity or governmental agency;

e.

The division of land caused by the acquisition of a property interest by a public utility for operating public utility purposes, or the conveyance of land by a public utility to a contiguous ownership;

f.

A lot line adjustment solely for the purpose of increasing or adjusting the size of adjacent lots or parcels, provided that the lot line adjustment does not reduce the original parcels below the zoning development standards applicable to the land, no additional parcels are created and the adjustment is approved by the community development director;

g.

When a land division is of a portion of any unit of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required.

For a designated remainder parcel, the fulfillment of construction requirements for improvements shall not be required until a permit or other grant of approval for development of the remainder parcel is issued by the planning department, or until the construction of the improvements is required pursuant to an agreement between the subdivider and the city. In the absence of that agreement the city may require fulfillment of the construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon

a finding by the city that fulfillment of the construction requirements is necessary for reasons of the public health and safety, or the required construction is a necessary prerequisite to the orderly development of the surrounding area. A designated remainder subsequently may be sold without any further requirement of the filing of a parcel map or final map, but the community development director may require a certificate of compliance or conditional certificate of compliance.

Lot line adjustment means a minor alteration to adjust a lot line or lot lines. It is not a subdivision or resubdivision procedure and is intended to be used only in those situations where the provisions of the Subdivision Map Act and this title applicable to subdivision and resubdivisions do not apply.

Minor change means a minor modification of an approved tentative map that includes, but is not limited to, a change in lot lines, lot design or street alignment, building pad location or grading proposals provided that the basic design concept is retained. A minor change may decrease, but not increase the number of approved lots. A minor change may alter or delete any condition of approval which is no longer appropriate or necessary. Notwithstanding the provisions in this definition, or any other provision herein to the contrary, a request to alter or delete a condition of approval of any approved tentative map within the boundaries of the following districts shall, in all instances, be considered a minor change:

(1)

Assessment District Nos. 159 and 161;

(2)

Community Facilities District Nos. 84-2, 86-1, 87-1, 87-5 and 88-8.

Planned residential development means residential development including, but not limited to, statutory and nonstatutory condominiums, cluster housing, townhouses and community apartments that is permitted reduced lot area, width and depth requirements and building setback requirements, by integrating into the overall development open space and outdoor recreational facilities, and which may include recreational and public assembly buildings intended primarily for the use of the residents of the project, within the development.

Public access means:

(1)

A dedication to public use or to the city to the required width for road purposes;

(2)

A permanent written easement for road purposes to the required width from the state or federal government;

(3)

An access road, as defined in this title that has been open to the public without posting for five years or more, provided adequate evidence thereof is submitted to and approved by the director of transportation;

(4)

A dedication to a community services district to the required width for road purposes.

Public improvements means traffic controls, streets, roads, highways, freeways, bridges, over crossings, street interchanges, flood control or storm drain facilities, sewer and water facilities and lighting facilities.

Revised tentative map means a modification of an approved tentative map wherein the design of the land division is changed from the approved tentative map, but there is no substantial change in concept from the original approved map.

Specific plan means a plan adopted by the city council that is based upon the comprehensive general plan of the city, as provided in the Government Code § 65450 et seq.

Storm frequency of one in 100 years means a storm that will probably be equaled or exceeded on the average of once every 100 years. It does not follow, however, that such a storm will be equaled or exceeded once in every 100-year period, or that having occurred once, it will not occur again for 100 years. It may occur several times in a 100-year period, but over a sufficient length of time the average is expected to be once in 100 years.

Tentative map means a map made for the purpose of showing the design and improvement of a proposed land division and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.

Vesting tentative map means a land division that has printed conspicuously on its face the words "vesting tentative map" and is processed in accordance with section 130.12.090.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.04.070. - Street and highway definitions.

(a)

Streets and highways generally. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Highway or street means a right-of-way within which improvements are constructed for the conveyance of vehicular and pedestrian traffic and includes all highways, streets, road and alleys. The rights-of way and improvements shall be in conformity with city transportation department standards and specifications as set forth in city ordinances.

(1)

The term "freeway" means a highway upon which the abutter's rights of access are controlled and which provides separated grades at intersecting streets.

(2)

The term "expressway" means a highway for through traffic to which access from abutting property is restricted. Intersections with other streets or highways shall be limited to approximately one-half mile intervals.

(3)

The term "arterial (urban) highway" means a six-lane divided highway primarily for through traffic where anticipated traffic volumes exceed four-lane capacity. Access from other streets or highways shall be limited to approximately one-quarter mile intervals. The minimum right-of-way width shall be 134 feet.

(4)

The term "arterial highway" means a divided highway primarily for through traffic to which access from abutting property shall be kept at a minimum. Intersections with other streets or highways shall be limited to approximately one-quarter mile intervals. The minimum right-of-way width shall be 110 feet. (See city ordinance, street standards.)

(5)

The term "arterial (mountain) highway" means a four-lane highway intended to serve through traffic in mountainous areas zoned for low density residential development. Access from abutting property shall be kept at a minimum. Intersections with other streets or highways shall be limited to approximately 330-foot intervals. The minimum right-of-way width shall be 110 feet.

(6)

The term "major highway" means a highway intended to serve property zoned for major industrial and commercial uses, or to serve through traffic. Intersections with other streets or highway may be limited to approximately 660-foot intervals. The minimum right-of-way width shall be 100 feet.

(7)

The term "secondary highway" means a highway intended to serve through traffic along longer routes between major traffic generating areas or to serve property zoned for multiple residential, secondary industrial or commercial uses. The minimum right-of-way width shall be 88 feet. Intersections with other streets and highways may be limited to 330-foot intervals.

(8)

The term "industrial collector" means a three-lane circulatory street with a continuous left turn lane with at least one end connecting to a road of equal or greater classification. The minimum right-of-way width shall be 78 feet.

(9)

The term "collector street" means a street which is intended to serve intensive residential land use, multiple-family dwellings, or to convey traffic through an area to roads of equal or similar classification or higher. It may also serve as a cul-de-sac in industrial or commercial use areas but shall not exceed 660 feet in length when so used. The minimum right-of-way width shall be 66 feet.

(10)

The term "general local street" means a through street serving 50 or more single-family lots or lot sizes of less than 7,200 square feet. It may also serve as a private interior street in an industrial park. The minimum right-of-way width shall be 60 feet.

(11)

The term "short, local or circulatory private interior street" means a residential street limited by design to serve less than 50 single-family dwellings or a circulatory private street in a planned residential development. The minimum right-of-way width shall be 60 feet.

(12)

The term "restricted local or noncirculatory private interior street" means a local street where, due to unusual conditions it is impractical to provide for a wider right-of-way or a street with limited circulation within a planned residential development. The minimum right-of-way shall be 50 feet.

(13)

The term "access road" means:

a.

An existing improved roadway, either graded, graded and based, or asphalt paved, built within the dedicated right-of-way and providing safe, passable access from a maintained road to a land division site; or

b.

A proposed road that will be constructed to grade, alignment, and width from the project site to a maintained or public road as defined in later chapters of this title.

(14)

The term "maintained road" means a road in which the road maintenance shall be principally conducted by a governmental agency, a city service area, or community services district. A road maintained by a property owner's association may constitute a maintained road if the city council determines that there is no other feasible means of guaranteeing maintenance of the road for public use, and if the association has the unqualified right and obligation to maintain the road pursuant to recorded conditions, covenants and restrictions which provide that such right and obligation cannot be amended or terminated without the mutual consent of the city and the association.

(15)

The term "alley" means a secondary means of access to property and is located at the rear or side of the property. The minimum right-of-way width shall be 20 feet.

(16)

The term "major, secondary and residential frontage road or service road" means an auxiliary street adjacent to freeways, expressways, arterial highways, major highways, secondary highways and flood control channels. The minimum right-of-way width shall be in accordance with the appropriate city ordinance, street standards.

(17)

The term "cul-de-sac street" means a road open at one end only, with special provisions for turning around, and the further extension of which is precluded by the land division design.

(18)

The term "dead-end street" means a street open at one end only without provisions for turning around and which may be further extended into adjoining property.

(19)

The term "private street" means a street within a private development or a planned residential development whereby the street requirements are regulated by section 130.08.030.

(20)

The term "part-width street" means any street in which the improved width is less than the width necessary for a normal full-width street.

(21)

The term "rural road" means any local residential street within designated areas, identified in the general plan, community plan, or a specific plan serving less than 50 single-family lots with lot sized of one-half acre or larger. The minimum right-of-way shall be 60 feet. The radii, maximum grade percentage, intersection intervals and all other design standards except pavement width shall be the same as those for a local road as required by city ordinance, street standards.

a.

Minimum improvements are as follows:

b.

The rural road standards set forth in the table in subsection (a)(21)a of this section shall be applicable in the following areas:

1.

Lake Mathews community plan;

2.

County service areas Nos. 41, 86, 104, 105, 108, 117, 124 and 149.

(b)

Street and highway details. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

The term "barrier strip" means a strip of land one foot or more in width dedicated to the city for street purposes and access control at the end of a dead-end street or along the side of a part-width dedicated street or other public right-of-way.

(2)

The term "bicycle way" means an area either within or outside the right-of-way of a dedicated street where bicycle travel is the designated use.

(3)

The term "median" means that portion of a divided highway separating the traveled way for traffic in opposite directions.

(4)

The term "multilane demand" means that projected traffic volume will exceed the nominal capacity of a two-lane street section when such projected traffic volume is determined by a rational method of traffic generation employing land use techniques and traffic engineering principles.

(5)

The term "outer separation" means the area between the traveled way of a highway for through traffic and a frontage road or service road.

(6)

The term "pedestrian way/sidewalk" means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. A pedestrian way may be located within or without a street right-of-way, at grade, or grade separated from vehicular traffic.

(7)

The term "right-of-way" means the entire width of property for the use of highways, flood and drainage works, overhead and underground utilities or any related improvements.

(8)

The term "parkway" means the area adjoining the outer edge of the roadbed, extending to the right-of-way line in which sidewalks, plantings, utilities, bank slopes and related facilities may be located.

(9)

The term "roadway" means that portion of the highway including roadbed, all slopes, side ditches, channels, waterways and all other related facilities which are located within a road right-of-way.

(10)

The term "roadbed" means that portion of the roadway extending from curb-face or to the outside lien of improved shoulders.

(11)

The term "traveled-way" means that portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.08. - DESIGN STANDARDS

Sec. 130.08.010. - Conformance with general plan.

(a)

All land divisions shall conform to the comprehensive general plan of the city, with all applicable specific plans, with the requirements of the land use ordinance and other ordinances, and with the requirements of this title except as hereinafter provided.

(b)

The requirements set forth within this title are minimum requirements, and the city may impose greater requirements if so justified.

(c)

Exceptions from the requirements of this title relating to the design or improvement of land divisions shall be granted by the appropriate advisory agency or appeal board only when it is determined that there are special circumstances applicable to the property, such as but not limited to size, shape or topographical conditions, or existing road alignment and width, and that the granting of the modification will not be detrimental to the public health, safety or welfare or be damaging to other property in the vicinity.

(d)

Applications for exceptions shall be made, in writing, stating fully the reasons and justification for the requested exception, and shall be submitted with the application for a land division.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

The street system in the proposed land division shall relate, in general, to the existing streets in the area adjoining the proposed land division.

(b)

The proposed street plan shall give consideration to the future development of adjoining undeveloped property.

(c)

All streets shall be designed to serve the proposed use of the abutting land.

(d)

When improvements are required, part-width boundary streets in a land division adjacent to undivided land shall have a minimum right-of-way width of 40 feet. The land developer shall provide the prescribed halfwidth, and the additional dedications shall be acquired from the adjacent undeveloped property.

(e)

When no improvements are required, part-width boundary streets shall have a minimum right-of-way width of 30 feet.

(f)

Additional right-of-way or easements shall be provided where necessary to accommodate roadway slopes, drainage structures and other facilities related to land division improvements.

(g)

When consistent with existing development, access to residential property along freeways, expressways, arterial highways, major highways and flood control channels shall be provided by one of the following:

(1)

A frontage road or service road;

(2)

A street separated by a tier of lots.

(h)

Design of streets shall make provisions for railroads, parkways, expressways, grade separations, floodcontrol channels, prevailing geological conditions and local drainage facilities.

(i)

In order to ensure adequate evacuation times, whenever lots of a proposed land division are located more than 1,320 feet or 660 feet in a high fire hazard area, from a publicly maintained circulatory road, alternate or secondary access shall be provided.

(j)

When alternate access is required and the alternate access is off site, or when any other public improvement is required or proposed off site, the land divider shall do each of the following as part of the tentative map review:

(1)

Provide any studies or information required to adequately evaluate the environmental impacts of constructing the off-site improvement/alignment;

(2)

Show all proposed centerline, approximate gradients and radii on the tentative map in addition to other factors such as street widths, pavement surface, etc., for the off-site improvement/alignment;

(3)

Provide mailing labels showing the addresses of property owners that are adjacent to the off-site improvement/alignment for hearing notification purposes; and

(4)

Provide written assurances from the owners of the property underlying the off-site improvement/alignment that sufficient right-of-way to construct will be provided. A formal agreement or offer of dedication is not necessary to satisfy this requirement, but the owner's willingness to cooperate must be communicated in a form acceptable to the transportation department.

In the event that the land divider does not satisfy one or more of the requirements set forth in subsections (j)(1), (2) or (3) of this section, and no exception is granted, the tentative map shall be redesigned such that the off-site improvement/alignment is no longer required. If the land divider refuses or is unable to redesign, project review staff shall recommend to the appropriate advisory agency or appeal board that the tentative map be denied. In the event that the land divider does not satisfy the requirement set forth in subsection (j) (4) of this section, project review staff shall note in its report the potential need to institute eminent domain proceedings and the appropriate advisory agency or appeal board may, in its discretion, act on the tentative map as designed or require that the map be redesigned to eliminate the off-site improvement/alignment.

(k)

Cul-de-sac streets shall conform with city ordinance, standard No. 800. When a part-width cul-de-sac is permitted, an offset cul-de-sac shall be provided in conformance with city ordinance, standard No. 800(A).

(l)

Dead-end and part-width streets shall not be permitted if it is determined that adjacent land use or topographical features will not permit the extension or widening of such streets. Dead-end streets shall be so designed that access to abutting property shall be physically possible.

(m)

On land divisions where improvements are not required, the centerline alignment of the street right-of-way shall be so located that future improvements will be feasible and in accordance with city standards and ordinances.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Private streets may be permitted when it is determined that there is adequate provision for their construction and continued maintenance, that the welfare of the occupants of the development will be adequately served and that it will not be detrimental to the public health, safety and general welfare.

(b)

Private streets, other than interior streets of planned residential developments, shall be required to be offered for dedication to public use. All dedicated private streets shall meet the width requirements set by the director of transportation and shall be constructed in accordance with improvement standards of the city ordinance. All offers of dedication shall remain in effect and shall be irrevocable unless abandoned under the Streets and Highways Code.

(c)

All streets that are permitted to be private, whether offered for dedication or not, may provide for access control by land division design, posting or gating.

(d)

Interior streets of a planned residential development, if not offered for dedication, shall be constructed to minimum widths of 32 feet for noncirculatory interior access and 36 feet for circulatory interior access in accordance with improvement standards of city ordinance; however, reduced widths may be permitted when either of the following conditions occur:

(1)

Where the design and topography permit the taking of access only on one side of the street; or

(2)

When the design does not permit on-street parking.

(e)

When a special design for a cul-de-sac, length of a street terminating in a cul-de-sac, landscaped median, or any other improvement design is proposed and is not provided for in this chapter or in the improvement standards of city ordinance, the design shall be submitted to the director of transportation for approval.

(f)

Concrete rolled curbs in conformance with city ordinance, standard No. 202, may be permitted in place of standard curbs on non-dedicated streets upon the determination of the director of transportation that the streets are adequate to handle drainage, and that an adequate maintenance program is provided for in the covenants, conditions and restrictions.

(g)

Sidewalks shall be required to be constructed in conjunction with dedicated or nondedicated private streets unless it is determined by the approving body to be unnecessary, considering the design of the development. Sidewalk construction shall be in accordance with the improvement standards of city ordinance, unless otherwise approved by the director of transportation.

(h)

Improvement plans, agreements and bonds shall be required for all dedicated and nondedicated private streets in accordance with the applicable provisions of this title.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.08.040. - Street grades.

(a)

Grades for local streets may not exceed 16 percent unless approved by both the transportation and fire departments. In areas with an elevation of 5,000 feet or more, street grades shall not exceed ten percent, except that grades up to 15 percent may be approved for distances not to exceed 200 feet.

(b)

Street grades of less than 0.50 percent may be approved only when engineering design shows that local drainage provisions are adequate and steeper gradients cannot be obtained. The utilization of combinations of steep and minimum grade lines as a means of generating embankment materials for onsite tract grading to the detriment of street maintenance and good engineering design will not be approved. Every effort shall be made to design street grades which will be in conformance with the existing terrain.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.08.050. - Street alignment.

Curves of streets with right-of-way width of 60 feet or less shall have a minimum centerline radius of 300 feet in comparatively level locations and shall have a minimum centerline radius of 150 feet in comparatively steep hillside locations.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.08.060. - Intersections.

(a)

All street intersections shall be at right angles, plus or minus five degrees, unless otherwise approved by the director of transportation.

(b)

Centerline offsets of less than 200 feet shall not be permitted, except that in special design cases offsets of less than five feet may be used when approved by the director of transportation.

(c)

Curb returns.

(1)

A minimum curb return radius of 25 feet shall be provided at intersecting streets designated as collector or local streets.

(2)

A minimum curb return radius of 35 feet shall be provided when one or both of the intersecting streets is designated as a secondary highway or greater.

(3)

In hillside areas, the curb return radius may be modified if required because of the topography.

(d)

Corner cutbacks shall be established as provided in city ordinance.

(e)

Frontage road connections providing access on C-1/C-P, C-P-S, M-SC, M-M, M-H and I-P zoned properties to the main highway shall incorporate an intersection design in conformance with city ordinance, standard No. 802.

(f)

Median openings or crossovers between opposing lanes of a divided highway shall be located only at approved intersections and at intervals of not less than 660 feet unless otherwise approved by the director of transportation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.08.070. - Alleys.

(a)

Improved alleys not less than 20 feet in width may be approved at the rear of all lots intended for industrial, commercial, and multiple-family uses.

(b)

Alley intersections shall have minimum corner cutbacks of 25 feet or shall provide unobstructed sight distance as approved by the director of transportation.

(c)

Dead-end alleys shall provide an adequate turnaround.

(d)

Part-width alleys shall not be permitted.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.08.080. - Lots.

(a)

Lot size shall not be less than the minimum required by the zoning classifications applicable to the subject property, and shall be consistent with the comprehensive general plan for the city.

(b)

Corner lots shall be designed to provide a building site equal to that required for interior lots in the same zone.

(c)

When lots 18,000 square feet or less are proposed, the depth of lots shall not exceed 2½ times the width. When lots greater than 18,000 square feet are proposed, the depth shall not exceed four times the width.

(d)

When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement.

(e)

When a lot includes an access strip, the access strip shall not be less than 30 feet in width. In no case shall the length of the access strip exceed 660 feet. When the access portion abuts a dead-end street or cul-de-

sac, the combined length of the street and the access strip shall be no more than 1,320 feet in length in a nonhazardous fire area and 660 feet in a hazardous fire area.

(f)

Side lot lines shall be at approximately right angles or radial to the street centerline, except where terrain or other restrictions make such design impractical.

(g)

Lots less than two acres in gross area shall not have double street frontage except that in hillside areas where the topography requires, lots may abut two or more streets provided that the frontage and vehicular access is from only one such street.

(h)

No lot shall be divided by a city, county, school district or other taxing agency boundary line.

(i)

The minimum lot frontage on a knuckle or cul-de-sac street shall be 35 feet measured along the property line unless otherwise specified in the development standards of the zoning classification.

(j)

Lot frontage along curvilinear streets may be measured at the building setback line in accordance with development standards of the zoning classifications.

(k)

Garage door setbacks for all residential zones shall be 24 feet for a conventional door or 20 feet for a roll up door, measured from the back of the sidewalk to the face of garage door or the face of the curb if no sidewalk is required, or 20 feet from the street right-of-way, whichever setback is greater.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any contiguous property that is owned by the land divider shall be included within the boundaries of a land division when necessary or desirable in the design or improvement of the land division if the remaining parcels are less than 40 acres in size; but not included within the boundaries of the land division, shall be such size and shape as to conform to the provisions of this title, title 120, planning and zoning, the comprehensive general plan of the city or any applicable specific plan; otherwise it shall be included within the boundaries of the land division.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.08.100. - Required access.

(a)

No land division map shall be recorded unless public access is provided from each parcel of the land division to a city, county, city service area, community service district, state or federal road that is maintained for public use. Public access to a road maintained by a property owner's association may be allowed if the city council determines that there is no other feasible means of guaranteeing maintenance of the road for public use, and if the association has the unqualified right to maintain the road pursuant to recorded conditions, covenants and restrictions which require the association to maintain the road and such requirement cannot be amended or terminated without the consent of the city.

(b)

The requirement for public access may be waived under the following circumstances:

(1)

If a parcel map creates four or less parcels and public access over intervening lands cannot be offered for dedications, an appurtenant private easement for ingress, egress, roadway and public utility purposes may be approved, provided:

a.

The land to be divided is not zoned for commercial, industrial or multiple-residential use;

b.

No parcel under one acre in size is created unless only two additional parcels are being created;

c.

If no improvements are required, the private easement is not less than 20 feet in width, and is duly recorded, is perpetual in duration, and is not subject to liens and encumbrances which might impair or defeat its purpose. If improvements are required, a minimum of 40 feet is required;

d.

The access easement owned by the land divider is not an exclusive easement or specifically written to prohibit further division of the land.

(2)

If a subdivision map has been previously recorded that permitted private streets without the requirement of offering the streets for dedications, a private road easement may be approved, provided the easement grants the new lots unrestricted access rights to the existing private streets.

(c)

Public access is not required if each parcel created is 40 acres or more or is a quarter of a quarter-section.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.08.110. - Design of subdivision to provide for future passive or natural heating or cooling opportunities.

(a)

In order to provide for future passive or natural heating and/or cooling opportunities in a subdivision, the following considerations shall be taken into account: subdivision lot design, size, configuration of structure, orientation in an east-west direction, local climate, contour, configuration of the parcel to be divided, and other design and improvement requirements. Such provision shall not result in reducing allowable densities or the percentage of lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

(b)

These requirements do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.12. - TENTATIVE MAPS

Sec. 130.12.010. - Map numbers.

(a)

Prior to filing of a tentative map, a map number shall be obtained from the county surveyor. Any number that is not used within two years from the date it is issued shall become null and void. The land divider shall pay the fee required.

(b)

When the tentative map is a parcel map division, this shall be so indicated thereon.

(c)

The county surveyor shall maintain a permanent record of all map numbers.

(d)

When applying for a map number, the land divider shall certify that he is the record owner of the property, or that the record owner consents to the filing of the map, or the land divider shall submit such proof of ownership or consent of the owner as shall be necessary for the county surveyor.

(e)

When a number has been assigned by the county surveyor for a particular parcel or contiguous parcels of land, the land divider shall place the map number upon each tentative map of the land division and neither the number nor the area of the parcel of land for which the number is issued shall thereafter be changed or altered in any manner upon the tentative map of the land division unless and until a new number has been assigned by the county surveyor.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.12.020. - Preliminary corner stakes.

At the request of staff, the land divider may be required to place a conspicuous stake identified with a number or corner description and flag at each approximate corner of the property to be divided. The stake shall extend at least three feet above ground and be identified with a number and corner description.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.12.030. - Preapplication review.

Prior to submitting an application for a tentative map, the land divider shall comply with the preapplication review procedure described in chapter 110.52 to the extent that such procedure is applicable.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.12.040. - Application.

(a)

Prior to submitting a tentative map, the land divider shall obtain an application for a land division, which form shall be furnished by the community development director and completed by the land divider.

(b)

The application shall be for the purpose of:

(1)

Providing and clarifying the information required to be shown on, or to accompany, the tentative map;

(2)

Determining whether the land division conforms to all the requirements of this and other city ordinances;

(3)

Expediting the processing of the tentative map.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.12.050. - Division of land.

(a)

No person shall make any land division, as defined in this title, of real property located in the city, except in accordance with the provision of the Subdivision Map Act and this title.

(b)

When a tentative map has been submitted, no grading or construction work shall be performed until the tentative map has been approved by the appropriate approving body.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

The community development director may require such additional information as he deems necessary and reasonable. The following information shall be shown on and verified or accompany tentative tract maps:

(1)

Tract number, title of map, assessors' parcel number and legal description of property, not including tract name;

(2)

Name, address and telephone number of owner and land divider and name, address and telephone number of person preparing map;

(3)

Ownership information on additional property owned adjacent or contiguous to the land to be subdivided;

(4)

Approximate total acreage of property and lot size, net and gross for a typical lot and for each irregular lot, overall dimension, north arrow, scale and date;

(5)

Subdivision boundary line and detailed vicinity map showing relationship to surrounding community;

(6)

Names, locations, right-of-way, widths and improvements of adjacent streets, alleys, railroads, transmission lines, pipelines, sewers and existing structures, both above and below ground;

(7)

Names, locations, widths of right-of-way for proposed streets, alleys and easements, and the approximate grades of proposed and existing streets and approximate street centerline radii of curves;

(8)

Streets, alleys and right-of-way providing legal access to the property;

(9)

If private streets are proposed, they shall be so noted on the tentative map;

(10)

Names of utility purveyors, locations and widths of existing and proposed public utility easements:

a.

When specific areas for subsurface disposal are required, those areas shall be delineated;

b.

Any known existing wells on the property or within 200 feet of the subdivision boundary shall be indicated on the tentative map;

(11)

Watercourses, channels, existing culverts and drain pipes, including exiting and proposed facilities for control of stormwaters;

(12)

Land subject to overflow, inundation or flood hazard;

(13)

Any land or right-of-way to be dedicated to public use;

(14)

Identify common areas and open spaces;

(15)

Proposed lot lines and approximate dimension;

(16)

Adjoining property and lot lines;

(17)

Maximum contour interval shall be four feet. The contour lines shall extend 300 feet beyond the exterior boundaries of the property when adjacent property is unimproved or vacant. Copies of USGS topographic maps are acceptable only when other information is not available. The flood control and transportation department base maps may be acceptable;

(18)

Site grading.

a.

Whenever any area of the proposed tract has a gradient of five percent or more, as measured between natural contours, the proposed cuts and fills of the following information shall be shown on, or accompany, the tract of the tentative map:

1.

All cut and fill slopes or combinations thereof shall be made no steeper than 2:1 (two horizontal to one vertical), and their height shall be no greater than ten feet. Exceptions to these standards may be permitted as follows:

(i)

Cut slopes. Slope ratios steeper than 2:1 and slope heights in excess of ten feet vertically shall be considered if they are recommended to be safe in a slope stability report written by either a registered soil engineer or a registered engineering geologist. The slope stability report must also include recommendations for erosion control and landscaping of the proposed grading.

(ii)

Fill slopes. Fill slopes with heights in excess of ten feet vertically (on a slope of 2:1) may be allowed if they are recommended to be safe in a slope stability report written by a registered soil engineer. The slope stability report must also include recommendations for erosion control and landscaping of the proposed grading.

Based on the slope stability report, fill slopes greater than ten feet may need to be constructed at a more gentle slope ratio (e.g., 3:1 or 4:1), in order to achieve stability.

2.

Cuts and fills in areas of subsurface sewage disposal shall be in accordance with the sewage disposable feasibility report recommendations.

(i)

The elevations of all individual building pads in the subdivision;

(ii)

The elevations at the perimeter of the subdivision;

(iii)

The relationship to adjoining land and development.

b.

Where grading will tie into adjacent natural terrain, final manufactured slopes shall be blended into the existing terrain;

(19)

Existing use and zoning of property immediately surrounding tract;

(20)

Existing zoning and proposed land use of property (single-family, multiple-family, business and industrial);

(21)

A list of the names and addresses of the owners of real property located within 600 feet of the exterior boundaries of the property to be considered, as shown on the last equalized assessment roll, and any update issued by the county assessor.

(b)

Reports and written statements of the following matters shall accompany the tentative map:

(1)

Proposed method of control of stormwater, including data as to amount of runoff, and the approximate grade and dimension of the proposed facilities;

(2)

A written statement (land division form SAN 53) from the health officer stating that:

a.

A water purveyor under permit has agreed in writing to serve all lots in the land division;

b.

The land divider has an acceptable application for a water purveyor permit on file with the department of public health or the state department of health services;

c.

The land divider has filed with the health department information regarding the quantity and quality of water of any wells existing on the property, and the estimated current cost of drilling a well on the property;

d.

No water system is provided and is not required for this land division;

(3)

A written statement (land division form SAN 53) from the health officer stating the type of sewage disposal and water supply that will be permitted. To aid in this determination, a sewer feasibility letter, or a sewage disposal feasibility report, and, when necessary, a regional water quality control board clearance or other pertinent information shall be required.

(c)

If the land division lies within a special studies zone shown on the map prepared by the state geologist pursuant to the Alquist-Priolo Earthquake Fault Zoning Act, a geologic report or waiver thereof pursuant to the provisions of chapter 15.60 shall accompany the tentative map.

(d)

A program for the control of soil erosion and other pollutants in conformity with chapter 8.52 and within blow sand areas, chapter 130.52, shall be submitted and implemented for land divisions and related improvements.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.12.070. - Tentative parcel maps.

(a)

The following information shall be shown and verified on or accompany all tentative parcel maps and any other information that the community development director may deem necessary and reasonable:

(1)

Parcel map identification number, assessor's parcel number, title of map and legal description of property but not including tract name;

(2)

Name and address of owner and land divider and name and address of person preparing map;

(3)

Approximate total acreage of property and lot size net and gross for a typical lot and for each irregular lot, overall dimension, north arrow, scale and date;

(4)

Land division boundary line and vicinity map showing relationship to surrounding community;

(5)

Assessor's map book and page numbers of adjoining land divisions;

(6)

Names, locations, right-of-way, widths and improvements of existing adjacent streets, alleys, railroads and existing structures, both above and below ground;

(7)

Names, locations, widths of right-of-way for proposed streets, alleys and easements, and the approximate grades of proposed streets and approximate street centerline radii of curves;

(8)

Street and right-of-way providing legal access to the property;

(9)

If the private streets are proposed, it shall be so noted on the tentative map;

(10)

Names of utility purveyors, locations and width of existing and proposed known public utility easements:

a.

When specific areas for subsurface sewage disposal systems are required, the disposal areas shall be depicted. This requirement applies to schedule E parcel maps only;

b.

Any known existing wells on the property or within 200 feet of the subdivision boundary shall be indicated on the tentative map;

(11)

Watercourses, channels, existing culverts and drain pipes, including existing and proposed facilities for control of stormwaters;

(12)

Land subject to overflow, inundation or flood hazard;

(13)

Any land or right-of-way to be dedicated to public use and right-of-way for railroads and other uses;

(14)

Identify common areas and open spaces;

(15)

Proposed lot lines and approximate dimensions;

(16)

Adjoining property and lot lines;

(17)

Maximum contour intervals shall be four feet. The contour lines shall extend 300 feet beyond the exterior boundaries of the property when adjacent property is unimproved or vacant. Copies of USGS topographic

maps are acceptable only when other information is not available. Flood control and transportation department base maps may be acceptable;

(18)

Existing use and zoning of property immediately surrounding tentative map;

(19)

Existing zoning and proposed land use (single-family, multifamily, business and industrial);

(20)

A statement as to whether the tentative map includes the entire contiguous ownership of the land divider or only a portion thereof;

(21)

A list of the names and addresses of the owners of real property located within 600 feet of the exterior boundaries of the property to be considered, as shown on the last equalized assessment roll, and any update issued by the county assessor.

(b)

Reports and written statements on the following matters shall accompany the tentative map:

(1)

Proposed method of control of stormwater, including data as to amount of runoff, and the approximate grade and dimension of the proposed facilities;

(2)

A written statement (form SAN 53) from the health officer, stating the type of sewage disposal and water supply that will be permitted shall be submitted for all parcel maps.

(c)

If the land division lies within a special studies zone shown on the map prepared by the state geologist, pursuant to the Alquist-Priolo Earthquake Fault Zoning Act, a geologic report or waiver thereof pursuant to the provisions of chapter 110.60 shall accompany all tentative maps.

(d)

Requests to waive the parcel map for any parcel map division shall be filed at the time of the filing of the tentative parcel map.

(e)

A program for the control of soil erosion and other pollutants in conformity with chapter 8.52, and within blow sand areas, chapter 130.52 shall be submitted and implemented for land divisions and related

improvements.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.12.080. - Planned developments (residential, commercial and industrial).

Whenever a tentative tract map or parcel map is filed for a planned residential, commercial or industrial development, as defined in the zoning code, title 120, planning and zoning, of this Code, the following data shall accompany or be delineated on the tentative map in addition to the data required by sections 130.12.060 and 130.12.070:

(1)

Locations and dimensions of proposed dwellings, buildings or other structures;

(2)

Table indicating area and density calculations;

(3)

Building setback dimensions;

(4)

Driveways, loading and parking areas;

(5)

Location and type of proposed fencing, gates and walls;

(6)

Irrigation and landscaping plans, including plant species;

(7)

Floor plans and elevations;

(8)

Location and dimension of common areas;

(9)

Proposal for maintenance of common areas;

(10)

Proposed special restrictions.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.12.090. - Vesting tentative maps.

(a)

This section is enacted pursuant to Government Code § 66498.1, and is intended to establish procedures necessary to implement the provisions of the Subdivision Map Act and this title. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with those city ordinances, policies and standards described in Government Code § 66474.2, or, if that section is repealed, with the city ordinances, policies and standards which are in effect at the time the vesting tentative map is approved or conditionally approved. The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. Whenever a provision of this ordinance requires that a tentative map be filed, a vesting tentative map may be filed instead.

(b)

Whenever a vesting tentative map is filed, it shall be processed in the same manner as a tentative map unless modified by this section, and shall have printed conspicuously on its face the words "vesting tentative map." All vesting tentative maps shall be submitted to the community development director on the

forms provided by the planning department and shall be accompanied by the filing fee. In addition to the data required by sections 130.12.060 and 130.12.070, the data and information in this subsection may be required by the community development director. A plot plan, drawn to scale, that shows the following:

(1)

Name, address and the telephone number of the applicant and all owners of the subject property, including evidence that all owners agree to the application;

(2)

Location or address of the property and assessor's parcel number;

(3)

Boundary and dimension of property, north arrow, scale and date;

(4)

Topography of the property;

(5)

Approximate total acreage of the property and lot size of each lot, recreational and open space area, and paving. Common areas and open space to be identified;

(6)

Location and names of adjoining streets, alleys and right-of-way providing legal access to the property;

(7)

Name, locations and widths of right-of-way for proposed streets, alleys, and easements. Streets without current names must show proposed names;

(8)

Drainage plan to control both on-site and off-site storm runoff, watercourses, channels, existing culverts and drainpipes including existing and proposed facilities for control of stormwaters, and data as to the amount of runoff and the approximate grade and dimensions of proposed facilities for control of stormwaters;

(9)

Height, size and location of buildings;

(10)

Typical street cross sections;

(11)

Lighting system, street and outdoor;

(12)

Signs (location, dimension and height);

(13)

Setback dimensions;

(14)

Location and nature of proposed and existing fences, gates, walls, driveways and curbs;

(15)

Irrigation systems;

(16)

Landscaping, including size, species and spacing proposed, including planters;

(17)

Elevations and floor plans;

(18)

Detailed grading plans.

(c)

An application for an amendment or minor change to a vesting tentative map may be made at any time prior to expiration of the map.

(d)

Whenever the intended development of a vesting tentative map is inconsistent with the zoning ordinance in existence at the time of filing of the map, that inconsistency shall be noted on the map, and the map may be denied or approved upon condition that the zoning is changed to eliminate the inconsistency. A conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the amended zoning and the map, as approved.

(e)

Notwithstanding any provision in this chapter to the contrary, any permit approval, extension or entitlement of a vesting tentative map be conditioned or denied under either of the following circumstances.

(1)

A failure to do so would place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both;

(2)

The condition of denial is required in order to comply with state or federal law.

In addition, the conditions of approval of a vesting tentative map may be amended through a minor change in order to protect against conditions dangerous to the public health or safety.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.12.100. - Filing of tentative map.

(a)

Date of filing. The date of filing for the purpose of determining the 50-day limitation for action on the tentative map shall be the date on which the community development director accepts the map as complete for filing.

(b)

Submittal requirements. All tentative maps shall be submitted to the community development director and shall be accompanied by the appropriate fee and shall comply with sections 130.12.060 through 130.12.090. The map shall be drawn to an engineer's scale which clearly presents the details. The map sheets shall not be less than 18 inches by 26 inches. The number of copies of the map to be submitted shall be as determined by the community development director.

(c)

Additional information. Within 30 days of the date on which the map is submitted, the community development director shall determine whether any additional information is required, and the applicant or

representative shall be so notified. Once the information required to complete the review of the tentative map is provided, the community development director shall accept the map as complete for filing. Additional information which may be required shall include, but not be limited to, data necessary to complete environmental review, flood and drainage studies, sewage disposal information, and circulation studies.

(d)

Effect of environmental review. Notwithstanding subsection (a) of this section, the time limitation for action on the tentative map shall be 50 days after certification of an environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from the California Environmental Quality Act.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.12.110. - Flood protection study fee.

(a)

A flood protection study fee shall be paid upon the submittal of the tentative map to the community development director.

(b)

When the fee is collected, it shall be paid to the flood control district that performs the flood protection study.

(c)

No charge shall be made for a flood protection study on a revised tentative map filed within two years of the original filing unless additional lots have been added. If a resubmitted map has additional lots proposed, a supplemental payment of the normal lot fee multiplied by the additional number of lots will be required. After two years the fee shall be the same as the original fee.

(d)

There shall be no flood protection study fee for reverting subdivided lands to acreage.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.12.120. - Map distribution.

Upon the submittal of the tentative map to the community development director, one copy thereof shall be forwarded to each member of the appropriate advisory agency and to each of the following as may be concerned:

(1)

State department of transportation;

(2)

Any municipality entitled thereto;

(3)

The flood control district or person designated who will perform flood control and drainage studies;

(4)

Any city, community services district, school or other authorized district requesting a copy;

(5)

Any utility purveyor serving the area with its facilities;

(6)

Any others as may be appropriate.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.12.130. - Review by land development committee.

(a)

All tentative maps shall be reviewed by the appropriate section of the land development committee. The land divider and his representative shall be notified of the date and time of the meeting, at which time the land divider shall review the proposed map with the committee.

(b)

Upon completion of its review, the land development committee shall prepare a report and

recommendation and shall transmit a copy thereof to the appropriate advisory agency. The report shall be in writing, and a copy thereof delivered to the land divider or his representative at least three days prior to any hearing or action on the map by the advisory agency.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.12.140. - Consideration by advisory agency.

(a)

Tract maps and commercial parcel maps. Within 50 days after the date of filing of a tentative tract map, a public hearing on the map shall be held before the appropriate advisory agency or before the city council as provided in section 130.04.020(d). Notice of the time, date and place of the hearing, the identity of the hearing body, and a general description of the location of the proposed land division, shall be given at least ten days prior to the hearing by all of the following procedures:

(1)

Publication once in a newspaper of general circulation in the city;

(2)

Mailing or delivery to the owner of the subject real property or the owner's duly authorized agent, and to project applicant;

(3)

Mailing or delivering to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected;

(4)

Mailing or delivering to all owners of real property which is located within 300 feet of the exterior boundary of the subject property, as such owners are shown on the last equalized assessment roll and any update;

(5)

Mailing by first class mail to any person who has filed a written request with the planning department and has provided that department with a self-addressed stamped envelope for that purpose;

(6)

In the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, such notice shall also be given by mail to each tenant of the subject property, and, in addition to notice of the time and place of the public hearing, shall include notification to the tenant's right to appear and the right to be heard;

(7)

If the number of owners to whom notice would be mailed or delivered pursuant to subsection (a)(4) of this section is greater than 1,000, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the city at least ten days prior to the hearing;

(8)

The community development director may require that additional notice of the hearing be given in any other manner he deems necessary or desirable;

(9)

Any interested person may appear at the public hearing and shall be heard by the hearing body.

(b)

After closing the hearing, the advisory agency shall approve, conditionally approve or disapprove the proposed tentative map. Notice of the decision shall be filed with the city clerk and a copy thereof mailed to

the land divider or his authorized agent and any interested party requesting a copy.

(c)

Parcel maps. The following procedures shall apply to all applications for approval of residential parcel maps:

(1)

Applications. Permit applications shall be filed with the community development director in accordance with section 130.12.070 and accompanied by the fee.

(2)

Proposed use. Not less than ten days prior to the date on which the decision will be made on the application, the community development director shall give notice of the proposed use by mail or delivery to all owners, as shown on the last equalized assessment roll as owning real property within a 300-foot radius of the exterior boundary of the property in question and publication once in a newspaper of general circulation in the area affected by the proposed project. No public hearing on the application for a permit issued pursuant to this subsection shall be required unless such a hearing is requested by the applicant or other affected person or the community development director determines that a public hearing is required in the best interest of the community's health, safety and welfare. The notice of proposed use shall include the following information:

No public hearing on the application for a permit issued pursuant to this subsection shall be required unless such a hearing is requested by the applicant or other affected person or the community development director determines that a public hearing is required in the best interest of the community's health, safety and welfare. The notice of proposed use shall include the following information:

a.

A brief description of the project and its proposed location;

b.

The officer or body which will consider approval of the project and the address where comments or request for a public hearing should be sent;

c.

A statement that the decision-making officer or body will not act on the project for a period of ten days and will consider written comments received during that period as to whether the determination of the community development director that the project will not have a significant effect on the environment is appropriate;

d.

A statement that a copy of the completed negative declaration is available for inspection at the planning department.

(3)

Public hearing. If a request for a public hearing is made, it shall be held within 21 days after the first request is made by the city community development director's hearing body. Not less than ten days prior to the date on which the hearing will be held, the community development director shall give notice of the

proposed hearing by mail or delivery to all owners, as shown on the last equalized assessment roll as owning real property within a 600-foot radius of the exterior boundary of the property in question, and all others who received notice of the proposed use. The hearing body shall hear relevant testimony from interested persons.

(4)

Decision. The decision shall be made by the community development director within the time limitations of the Subdivision Map Act, shall be filed with the city clerk and, if no public hearing was held, shall be mailed to the same owners who were given notice pursuant to subsection (c)(2) of this section.

(d)

The advisory agency, upon the request of the land divider, may waive the requirement that a parcel map be recorded if the advisory agency finds that the proposed land division complies with the requirements as to:

(1)

Area;

(2)

Improvement and design;

(3)

Floodwater drainage control;

(4)

Appropriate improved public roads;

(5)

Sanitary disposal facilities;

(6)

Water supply availability;

(7)

Environmental protection; and

(8)

Adequate existing survey control;

(9)

Other provisions of this title and other applicable ordinances of the city and the Subdivision Map Act.

(e)

Notwithstanding this section, or any other provision herein to the contrary, any map that requires the approval of a general plan amendment, a specific plan amendment or a change of zone shall be heard in accordance with the provisions of the zoning code, title 120, planning and zoning of this Code, whichever is applicable, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

any other provision herein to the contrary, any map that requires the approval of a general plan amendment, a specific plan amendment or a change of zone shall be heard in accordance with the provisions of the zoning code, title 120, planning and zoning of this Code, whichever is applicable, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.12.150. - Consideration of tentative maps by advisory agencies.

(a)

Tentative schedule A, B, C, D and E maps. Except as provided in section 130.04.020(d), the action of the planning commission or East Area Planning Council on a tentative schedule A, B, C, D and E map shall be final unless the final decision is appealed by the land divider or any interested party.

(b)

Tentative schedule F, G, H and I maps. The action of the community development director on a tentative schedule F, G, H and I map shall be final unless the final decision is appealed by the land divider or any interested party.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.12.160. - Appeal of advisory agency actions: procedure.

(a)

Except as provided in section 130.04.020(d), the planning commission and East Area Planning Council are the advisory agencies authorized to directly approve, conditionally approve or disapprove tentative schedule A, B, C, D and E maps that lie in their area jurisdiction. If the land divider or any interested party believes that they may be adversely affected by the decision of the planning commission or East Area Planning Council, the land divider or any interested party may appeal the decision to the city council. Any such appeal shall be filed with the city clerk within ten days after the notice of decision of the advisory agency appears on the city council's agenda. The appeal shall be filed in writing, stating the basis for appeal, and shall be accompanied by the fee unless the fee shall be paid out of the same fund into which it would be deposited. Upon the filing of the appeal, the city clerk shall set the matter for public hearing on a date within 30 days after the date of the filing of the appeal and shall give notice of the public hearing in the same manner as was given for the original hearing. The city council shall render its decision on the appeal within ten days of the closing of the hearing.

(b)

The community development director is the advisory agency authorized to directly approve, conditionally approve or disapprove tentative schedule F, G, H and I maps. If the land divider or any interested party believes they may be adversely affected by the decision of the community development director, the matter may be appealed to the planning commission or the East Area Planning Council. The appeal shall be filed

opment director is the advisory agency authorized to directly approve, conditionally approve or disapprove tentative schedule F, G, H and I maps. If the land divider or any interested party believes they may be adversely affected by the decision of the community development director, the matter may be appealed to the planning commission or the East Area Planning Council. The appeal shall be filed

with the planning department within ten days after the notice of decision of the community development director appears on the city council's agenda. Any appeal shall be filed in any permanent office maintained by the planning department, stating in writing the basis for the appeal and accompanied by the fee. All appeals shall be heard within 30 days after the filing of the appeal. Notice of the public hearing shall be given in the same manner as specified for a tract map. The appeal board shall render its decision on the appeal within ten days of the closing of the hearing. The land divider or any interested party or the advisory agency may appeal the decision of the appeal body to the city council. Any such appeal shall be filed with the city clerk within ten days after the notice of decision of the appeal body appears on the city council's agenda. The appeal shall be filed in writing, stating the basis for appeal, and shall be accompanied by the fee unless the fee shall be paid out of the same fund into which it would be deposited. Upon the filing of

the appeal, the city clerk shall set the matter for public hearing on a date within 30 days after the date of the filing of the appeal and shall give notice of the public hearing in the same manner as was given for the hearing before the appeal body. Upon conclusion of the hearing, the city council shall render its decision on the appeal within ten days.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.12.170. - Extension of time for processing.

All time limits specified in this title for reporting and acting on tentative maps may be extended by the mutual consent of the land divider and the advisory agency or the city council required to act, but in no event may the extensions exceed one year.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.12.180. - Failure to receive notice.

Failure to receive notice of a hearing shall not invalidate the action taken by the advisory agency, appeal body or the city council.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

A tentative map shall be denied if it does not meet all requirements of this title, or if any of the following findings are made that:

(1)

The proposed land division is not consistent with applicable general and specific plans;

(2)

The design or improvement of the proposed land division is not consistent with applicable general and specific plans;

(3)

The site of the proposed land division is not physically suitable for the type of development;

(4)

The site of the proposed land division is not physically suitable for the proposed density of the development;

(5)

The design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

(6)

The design of the proposed land division or the type of improvements are likely to cause serious public health problems;

(7)

The design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction;

(8)

Notwithstanding subsection (5) of this section, a tentative map may be approved if an environmental impact report was prepared with respect to the project and a finding was made, pursuant to the California Environmental Quality Act, that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.12.200. - Land subject to contract pursuant to California Land Conservation Act.

(a)

In addition to any of the grounds set out in this section, the city council shall deny approval of a tentative map, if it finds that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (chapter 7, commencing with Government Code § 51200 of division 1 of title 5) and that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use.

(1)

For purposes of this section land shall be presumed to be in parcels too small to sustain their agricultural use if the land is less than:

a.

Ten acres in size in the case of prime agricultural land; or

b.

40 acres in size in the cases of land which is not prime agricultural land.

(2)

For purposes of this section, agricultural land shall be presumed to be in parcels large enough to sustain their agricultural use if the land is less than:

a.

Ten acres in size in the case of prime agricultural land; or

b.

40 acres in size in the case of land which is not prime agricultural land.

(b)

The city council may approve a subdivision with parcels smaller than those specified in this section if it makes either of the following findings:

(1)

The parcels can nevertheless sustain an agricultural use permitted under the contract, or are subject to a written agreement for joint management pursuant to Government Code § 51280.1, provided that the parcels which are jointly managed total at least ten acres in size in the case of prime agricultural land or 40 acres in size in the case of land which is not prime agricultural land.

(2)

One of the parcels contains a residence and is subject to Revenue and Taxation Code § 428; the residence has existed on the property for at least five years; the landowner has owned the parcels for at least ten years; and the remaining parcels shown on the map are at least ten acres in size if the land is prime agricultural land, or at least 40 acres in size if the land is not prime agricultural land.

(3)

No other homesite parcels as described in subsection (b)(2) of this section may be created on any remaining parcels under contract for at least ten years following the creation of a homesite parcel pursuant to this section.

(4)

This section shall not apply to land which is subject to a contract when any of the following has occurred:

a.

The local agency formation commission has approved the annexation of the land to a city and the city will not succeed to the contract as provided in Government Code §§ 51243 and 51243.5;

b.

Written notice of nonrenewal of the contract has been served prior to March 7, 1985, as provided in of Government Code § 51245;

c.

Written notice of nonrenewal of the contract has been served on or after March 7, 1985, as provided in of Government Code § 51245, and, as a result of that notice, there are no more than three years remaining in the term of the contract;

d.

The city council has granted tentative approval for cancellation of the contract as provided in Government Code § 51282.

(5)

This section shall not be construed as limiting the power of the city council to establish minimum parcel sizes larger than those specified in subsection (a) of this section.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Any revised tentative map shall comply with all of the provisions of the Subdivision Map Act and this title in effect at the time the revised map is approved.

(b)

Proceedings on a revised tentative map shall be conducted in the same manner as for the original approval of a tentative map except those procedures that are not applicable. The approval or conditional approval of a revised tentative map shall annul approval of the previous tentative map, but the approval thereof shall not extend the time within which the final map may be filed.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.12.220. - Minor changes.

(a)

A request for approval of a minor change to an approved tentative map shall be filed with the planning department, accompanied by the fee.

(b)

The community development director shall make a written recommendation thereon to the advisory agency having jurisdiction over the underlying map, or to the city council as provided in section 130.04.020(d), and shall notice a public hearing in accordance with section 130.12.140 unless the underlying map did not previously require such a hearing.

(c)

The advisory agency or the city council may decide the matter when it first appears on the agenda, or it may continue the matter with or without the consent of the land divider.

(d)

The decision of the advisory agency shall be final, unless the decision is appealed to the city council. In the event of such an appeal, the city council shall hear the matter in the manner described in subsection (b) of this section.

(e)

The approval by the advisory agency or the city council of a minor change shall not affect the time period within which the land divider must prepare and file the final map.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.12.230. - Division into units.

(a)

If a land divider proposes to file a final map or parcel map on only a portion of the land shown on an approved tentative map, the land divider shall file an application with the community development director. The land divider shall note on the application whether the division into units is to be approved by the director of transportation or the advisory agency.

(1)

If the land divider indicates that the division into units is to be approved by the advisory agency, then the application shall be processed in accordance with subsections (b) through (g) of this section and section 130.12.220 and shall be accompanied by the fee for minor changes (subdivision).

(2)

If the land divider indicates that the division into units is to be approved by the director of transportation, then the application shall be accompanied by the fee for land division unit map filings and the application shall be processed in accordance with subsections (b) through (g) of this section.

(b)

The community development director after reviewing the application shall refer it to the director of transportation for review.

(c)

No unit map shall be approved unless it is complete and in compliance with all of the provisions of this chapter, including fire protection, flood control, traffic circulation, access/secondary access and environmental considerations, and with all conditions of approval of the tentative map, including provisions and agreements for development of parks, schools and other facilities, and specifically approved by the director of transportation or the advisory agency, whichever is appropriate, based on the application filed by the land divider.

(d)

The unit will be identified by the approved tentative map number with a dash number designating said unit. The unit number shall be obtained from the county surveyor upon payment of the fee. Units are not required to record in order as indicated by the unit number. However, the land divider shall specify in the application or designate a set of units which may be approved in advance by the community development director for recordation in any order or sequence. The last unit within a tentative map to be recorded will not bear a unit number.

(e)

Any number of unit numbers may be issued; however, the county surveyor can limit the number accepted concurrently for final map review.

(f)

If, after approval of an application for division into units, the land divider proposes to further divide the tentative map into units, or amend the boundaries of the approved units, or change the previously approved order of recordation of units, the land divider shall first file an application for such, and it shall be processed in accordance with subsections (a) through (e) of this section.

(g)

No phased map shall be approved under this section unless the transportation department has determined that any delay in property development allowed by phasing shall not:

(1)

Delay the construction of any critically needed facility which is conditioned to be constructed with the delayed phases;

(2)

Result in the increase in Mello-Roos assessments, or similar property improvement assessments, to any existing end user of property within an improved district of which the phased areas to be delayed is a party;

(3)

Cause a critical reserve fund deficiency, or where a critical deficiency already exists, increase said deficiency, in any Mello-Roos district, or similar property district, of which the phased areas to be delayed is a party; or

(4)

Cause increased expenses or assessments to existing end property uses or any property owners association, maintenance district or similar property maintenance facility of which the phased areas to be delayed is a part.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.12.240. - Expiration of approved tentative maps and vesting tentative maps; extension of time.

(a)

Tentative tract maps. An approved or conditionally approved tentative tract map shall expire 36 months after such approval unless within that period of time a final map shall have been approved and filed with the county recorder. Prior to the expiration date, the land divider may apply in writing for an extension of time. Each application shall be made to the community development director 30 days prior to the expiration date of the tentative map and shall be accompanied by the fee. The community development director shall forward to the advisory agency a recommendation for approval or denial of the application. The advisory

agency may extend the date on which the map expires for one year and, on further application before expiration thereof, may further extend it for a second year and on further application before expiration thereof, may further extend it for a third year, and on further application before expiration thereof, may further extend it for a fourth year, and on further application before expiration thereof, may further extend it for a fifth year. The decision of the advisory agency shall be forwarded to the city clerk. The decision of the advisory agency shall be final unless the decision is appealed to the city council. Any appeal must be filed with the city clerk accompanied by the fee within ten days of the date of the notice of decision appears on the city council's agenda.

(b)

Tentative parcel maps. An approved or conditionally approved tentative parcel map shall expire 36 months after such approval unless within that period of time a final map shall have been approved and filed with the county recorder. Prior to the expiration date, the land divider may apply in writing for an extension of time. Each application shall be made to the community development director 30 days prior to expiration date of the tentative map and shall be accompanied by the fee.

(1)

For schedules F, G, H and I maps, the community development director is the advisory agency and may extend the date on which the map expires for one year and, on further application thereof, may further extend it for a second year, and on further application thereof may extend it for a third year, and on further application before expiration thereof, may further extend it for a fourth year, and on further application before expiration thereof, may further extend it for a fifth year. The community development director shall report its action directly to the land divider and the city council. If the community development director denies the request for an extension, the applicant may appeal that decision to the advisory agency which has jurisdiction on the land division within ten days following the date the notice of decision appears on the city council's agenda by filing an appeal with the planning department accompanied by the fee.

(2)

For schedule E maps, the community development director shall forward to the advisory agency a recommendation of approval or denial of the application. The advisory agency may extend the date on which the map expires for one year and, on further application thereof, may further extend it for a second year, and on further application thereof may further extend it for a third year, and on further application before expiration thereof, may further extend it for a fourth year, and on further application before expiration thereof, may further extend it for a fifth year. The decision of the advisory agency shall be forwarded to the city clerk. The decision of the advisory agency shall be final unless the decision is appealed to the city council. Any appeal must be filed with the city clerk accompanied by the fee within ten days of the date the notice of decision appears on the city council's agenda.

(c)

An extension of time shall not be granted unless the land division conforms to the comprehensive general plan, is consistent with existing zoning, and does not adversely affect the general health, safety and welfare of the public.

(d)

Vesting tentative maps. A vesting tentative map shall be subject to the same expiration and extension of time provisions as a tentative map; provided, however, that on recordation of a final map, the rights conferred on a vesting tentative map shall last for one year. Whenever several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for that phase is recorded. The one-year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit if the time used to process the application exceeds 30 days from the date that a complete application is filed. Prior to the expiration of the initial time period, the subdivider may apply in writing to the advisory agency for a one-year extension, accompanied by the fee. If the extension is denied, an appeal may be filed with the city council within 15 days of the date the notice of decision appears on the city council's agenda. When the subdivider submits a complete application for a building permit during the period of time specified in this section, the vested rights shall continue until the building permit, or any extension thereto, expires.

(e)

If the subdivider is required to expend $125,000.00 or more to construct, improve or finance the

construction or improvement of public improvements outside the property boundaries of the land division, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by section 130.12.230(a)(1) shall extend the expiration of the approved or conditionally approved land

ovement of public improvements outside the property boundaries of the land division, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by section 130.12.230(a)(1) shall extend the expiration of the approved or conditionally approved land

division map by 36 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the land division more than ten years from its approval or conditional approval. The number of phased final maps which may be filed shall be determined by the advisory agency at either the time of the approval or conditional approval of the land division or pursuant to section 130.12.230(a)(1). The amount of the $125,000.00 shall be increased by the registrar of contractors according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the state allocation board at its January meeting. The adjustment by the registrar of contractors shall be effective on the first day of the month occurring more than 30

calendar days after the registrar of contractors made that adjustment. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.

(f)

Extensions of time for maps affected by moratoriums and lawsuits. The period of time specified in subsections (a) and (b) of this section shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence; provided, however, that the length of the moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. A development moratorium shall include a water/sewer moratorium as well as other actions of public agencies which regulate land use, development, or the provisions of services to the land, other than the city which thereafter prevents, prohibits or delays the approval of a final or a parcel map.

(g)

The period of time specified in subsections (a) and (b) of this section shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction if the stay of the time period is approved by the advisory agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the city the subdivider may apply to the planning department for a stay pursuant to this section.

(h)

Applications for a stay shall be made to the community development director on the forms provided by the planning department and shall be accompanied by the filing fee and shall include such information and documents as may be required by the community development director. The community development director shall forward to the advisory agency a recommendation for approval or denial of the request for a stay. The advisory agency shall act on the requested stay within 40 days after the application is received by the community development director. the decision of the advisory agency shall be forwarded to the city clerk. The decision of the advisory agency shall be final unless the decision is appealed to the city council. Any appeal must be filed with the city clerk accompanied by the fee within ten days of the date the notice of decision appears on the city council's agenda.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

CHAPTER 130.16. - FINAL MAPS AND PARCEL MAPS

After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map or parcel map thereof prepared in accordance with the current county surveyor's office map preparation manual and the approved or conditionally approved tentative map.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.16.020. - Subdivision boundary requirements.

(a)

Surveys made in preparation of final maps or parcel maps shall be in accordance with standard practices and principles of surveying and all applicable provisions of the Subdivision Map Act.

(b)

The entire boundary of a land division must appear on the first map sheet of a final map or parcel map showing:

(1)

A boundary survey of the land division, including all courses and distances necessary to compute a closure;

(2)

Sufficient data to prove the method by which the boundary was determined, including a description of all corners found or set, adjoining maps or property lines of record;

(3)

Phased units in relation to the boundary.

(c)

The county surveyor may waive the boundary plat if sufficient survey information is of record.

(d)

Whenever the county surveyor has established the centerline of a street, that data shall be considered in making the surveys and in preparing the final map or parcel map, and all monuments found shall be indicated and proper reference made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact shall be stated. The final map or parcel map shall show city and county boundaries adjoining the division of land.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.16.030. - Preliminary filing of final map.

(a)

When the subdivider files his final map for preliminary checking in the office of the county surveyor, five positive prints shall be distributed as follows:

(1)

Two to the county surveyor;

(2)

One to the community development director;

(3)

One to the health officer;

(4)

One to the appropriate flood control agency.

(b)

The final map shall be accompanied by the map checking fee.

(c)

Required improvement plans shall be submitted to the transportation department and accompanied with the plan checking fee.

(d)

Prior to the recordation of the final map, the following items shall be provided and approved:

(1)

A copy of the approved conditions, covenants and restrictions (CC&Rs) that are to be recorded with the final map;

(2)

Evidence of title in the form of a current preliminary title report issued by a state title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a final land division map, a subdivision guarantee shall be issued by a state title company. The consent of the owner or owners of any contingent reversionary interest in the lands to be subdivided is not necessary and need not be named in the guarantee of this title;

(3)

All requests for waivers of signatures as provided in the Subdivision Map Act;

(4)

Letters from utility purveyors that will serve the land division certifying that satisfactory provisions have been made with each of the public utility purveyors as to location of their facilities and construction thereof.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

(a)

After a tentative parcel map is approved, the land divider may cause a parcel map to be prepared and submitted to the county surveyor. The land divider shall submit the following:

(1)

The parcel map with map checking fee.

(2)

Required improvement plans with plan checking fee.

(3)

Evidence of title in the form of a current preliminary title report issued by a state title company showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests herein. In the event that any dedication is to be made for public use of any property shown on a parcel map, a subdivision guarantee shall be issued by a state title company.

(4)

Prior to the recordation of the parcel map, the following items shall be provided and approved:

a.

A copy of the approved conditions, covenants and restriction (CC&Rs) that are to be recorded with the final map;

b.

Evidence of title in the form of a current preliminary title report issued by a state title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a parcel map, a subdivision guarantee shall be issued by a state title company. The consent of the owner or owners of any contingent reversionary interest in the lands to be subdivided is not necessary and need not be named in the guarantee of title;

c.

All requests for waivers of signatures as provided in the Subdivision Map Act.

(5)

The recorder shall have not more than ten days within which to examine the final map or parcel map and either accept or reject it for filing.

(6)

If the recorder accepts the final map or parcel map for filing, such acceptance shall be certified on the face thereof.

(b)

The recorder, upon filing the final map or parcel map, shall attach the recording data to the polyester type film duplicate original and thereupon deliver the same to the county surveyor who shall retain custody thereof.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.16.050. - Data required; final land division maps.

(a)

Final maps and parcel maps shall conform to all of the following provisions:

(1)

Each map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or good quality polyester base film, including certificates, except that such certificates may be legibly stamped or printed upon the map with opaque material when recommended by the county surveyor and authorized by the county recorder. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to ensure permanent legibility. The size of each sheet shall be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch.

(2)

Each sheet shall bear the number as assigned by the county surveyor which shall be followed by a subtitle consisting of a general description of all the property being divided by reference to record maps, and to section surveys or ranchos. Reference shall be spelled out and worded identically with original records, with complete reference to proper book and page of record and shall be shown on every sheet of a multisheet map.

(3)

All sheets shall be numbered, the relation on one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet. An adequate number of sheets shall be submitted to clearly present all pertinent data.

(4)

When required by the county surveyor, a location map shall be placed on the final map which indicates the location of the proposed land division and its relationship to existing streets and highways.

(5)

The certificates and acknowledgments, required by the Subdivision Map Act and this title, shall appear on the first sheet only. Statements shall include the following:

a.

Owners' statement;

b.

Trustee's statement;

c.

Recorder's statement;

d.

Surveyor's/engineer's statement;

e.

County surveyor's statement;

f.

Director of transportation's statement;

g.

City clerk's statement;

h.

City council's statement;

i.

Tax collector's statement;

j.

Signature omissions (relating to oil, gas or mineral rights) notice of election by land divider to defer payment of drainage fees if needed, the second map sheet may be used for notary acknowledgments. In no case shall the certificates noted above be placed on the second sheet of a multisheet map.

(6)

The recorder's certificate shall be placed in the upper right-hand corner of the map.

(7)

The surveyor's or engineer's certificate shall state that the survey was made by him or under his direction, that the survey is true and complete as shown, that all monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retracted, that the map conforms to the

approved tentative map and conditions of approval thereof, and that all provisions of the applicable state and local ordinances have been complied with.

(8)

The number, scale, north point and sheet number shall be shown on each sheet of the map. The map shall be drawn at a suitable engineer's scale to identify and describe all essential details clearly. If more than two map sheets are used, an index showing the division of land, with lots numbered as shown on the map, shall be shown. A complete boundary survey shall be shown on one sheet of every phase of unitized subdivision. The boundary shall also reflect the original boundary as shown on the tentative map of the subdivision.

(9)

A land division name shall not be shown on the map.

(10)

The exterior boundary of the land shown on a land division map shall be indicated by a distinctive delineation and clearly designated.

(11)

A statement labeled "surveyor's notes" or "engineer's notes" shall be shown on the first map sheet after the signature sheet of a multisheet map. The statement shall include the basis of bearings; the monuments that were found; the monuments and points that were set, with reference to city ordinance standards; and a key to the symbols and abbreviations and such other information required by the county surveyor.

(12)

Lots shall be numbered consecutively, commencing with the number 1, with no omissions or duplications. Each lot shall be shown in its entirety on one sheet; unless, due to size and/or shape, and after using an acceptable scale, the county surveyor determines the parcels or lots cannot reasonably be shown on a single sheet. Lots used for streets, alleys or barrier strips shall be lettered. Easements shall be clearly identified.

(13)

Where a part-width street is shown on a map, the centerline of the improvements shall be monumented and shown correctly, as related to the full future width of the street.

(b)

The following data shall be shown on each final map and parcel map:

(1)

Dates of survey and the name and registration number of the person authorized to practice land surveying by the state and who is responsible for the preparation of the map;

(2)

Locations and names (without abbreviations) of all adjoining, existing and proposed streets and the locations of alleys. Proposed public area and easements shall also be identified;

(3)

Gross area of land division, and the net acreage, computed to the nearest 0.01 acres, on all lots containing one acre or more. Lot lines shall be shown by solid lines;

(4)

Centerline of all streets and lengths, tangent, radius and central angle or radial bearings on all points on curves and the bearings of radial lines to each lot corner on a curve; the width of each street, the width of the portion being dedicated and the width of existing dedications; and the widths of right-of-way of railroads, flood control or drainage channels and other easements appearing on the map;

(5)

Sufficient data to determine readily the bearing and length of each line. Recorded survey data as required by the county surveyor;

(6)

Sufficient primary survey control points;

(7)

Ties to and recording references to adjacent record maps and to section corners, quarter section corners and also to section lines and quarter section lines when adjacent or within the map;

(8)

Centerline data and width of all easements to which the division of land is subject. If the easements are not definitely located by record, a statement as to the easement shall appear on the title sheet of the land division. Distances and bearings on the side lines of lots which are cut by an easement shall be so shown as to indicate clearly the actual location. Alignment data alongside lot lines of easements shall be provided when not controlled by paralleling lines or centerline. The easement shall be clearly labeled and identified and, if already on record, proper reference to the records given. Easements dedicated in land divisions shall be included in the owner's certificate of dedication. Easements shall be shown on the map by broken lines;

(9)

Clear indication of stakes, monuments or other evidence found on the ground to determine the boundaries of the tract, data to determine physical description, size, ground position, tag number and record reference of survey markers; untagged monuments accepted as control shall be tagged or replaced by the surveyor or engineer making the survey;

(10)

No setback lines shall appear on the final map;

(11)

New street names shown on a land division map must be approved by the county surveyor;

(12)

When an environmental constraint sheet is required a note shall be placed below the surveyor's notes on the final map in one-fourth inch high bold block letters, stating: "Environmental Constraint Note: Environmental constraint sheet affecting this map is on file in the Office of the County Surveyor in E.C.S. Book ___________ Page _____. This affects Lot Nos. _____ or Parcel No. _____."

(13)

The basis of bearings and the basis of coordinates shall be based on the state plane coordinate system, zone 6, and shall be shown on the map in accordance with the current county surveyor's map preparation manual. Exemptions shall be at the discretion of the county surveyor.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.16.060. - Parcel maps compiled from recorded data.

A parcel map of four or less parcels may be compiled from recorded or filed data, if such data is acceptable to the county surveyor.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

After the preliminary final map or parcel map is determined to be correct, the county surveyor shall notify the land divider to prepare and submit the original and duplicate original of the final map or parcel map together with all required agreements for improvements and securities and all other required documents as may be necessary for consideration of the final map or parcel map. If the final map or parcel map or documents are not determined complete by the county surveyor, they shall be returned to the land divider for corrections.

(b)

The original and duplicate original map shall be inscribed on polyester base film, including the required signatures and shall meet the requirement of the county surveyor.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.16.080. - Action by county surveyor.

(a)

When a schedule A, B, C, D or E final map or parcel map and all agreements, securities and other required documents have been submitted and found to be in correct form, the county surveyor shall, within 20 days thereafter, file the final map or parcel map and documents with the city clerk and certify that:

(1)

He has examined the map;

(2)

The land division as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof;

(3)

All provisions of the Subdivision Map Act and all city ordinances applicable at the time of approval of the tentative map have been complied with;

(4)

He is satisfied that the map is technically correct; and

(5)

In the certificate, the county surveyor shall state the date of approval of the tentative map and the date of expiration.

(b)

When a schedule F, G, H or I final parcel map and all agreements, securities and other required documents have been submitted and found to be in correct form, the county surveyor shall, within 20 days thereafter, approve the map if it conforms to all the requirements of the Subdivision Map Act and this title applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or, if it does not so conform, disapprove the map; provided, however, that the final map shall not be disapproved due to technical or inadvertent errors which in the opinion of the county surveyor do not materially affect the validity of the map. When the map is approved, the county surveyor may accept or reject dedications and offers of dedication that are made by certificate on such map, and may sign the certificate for the city. The county surveyor shall file the approved map and documents with the city clerk for transmittal by the clerk of the county recorder.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The city council, upon filing with it of a schedule A, B, C, D or E final map or parcel map, shall at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of the Subdivision Map Act and this title applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or it does not so conform, disapprove the map; provided, however, that the map shall not be

disapproved due to technical or inadvertent errors which in the opinion of the county surveyor do not materially affect the validity of the map.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.16.100. - Surveys and monuments.

(a)

At the time of making the survey for a final map or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform to the standards described in Business and Professions Code § 8771 and also comply with the requirements of city ordinances and with the requirements of the county surveyor.

(b)

All monuments for final maps and parcel maps shall be set prior to the recordation of the map. The land divider may execute a secured agreement or cash bond guaranteeing the setting of the monuments upon approval by the county surveyor.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.16.110. - Delivery of map to recorder.

(a)

Upon approval by the city council, or upon approval by the county surveyor if he is so authorized, the city clerk shall certify that all required certificates, security and deposits have been filed and shall transmit the final map or parcel map to the recorder.

(b)

The land developer shall present to the recorder evidence that, at the time of the filing of a final map or parcel map, the parties consenting to the filing are all of the parties having a record title interest in the real property being divided whose signatures are required, as shown by the records in the office of the recorder; otherwise, the map shall not be filed.

(c)

The recorder shall have not more than ten days within which to examine the final map or parcel map and either accept or reject it for filing.

(d)

If the recorder accepts the final map or parcel map for filing, such acceptance shall be certified on the face thereof.

(e)

The recorder, upon filing the final map, shall attach the recording data to the polyester type film duplicate original and thereupon deliver the same to the county surveyor who shall retain custody thereof.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Waiver of a parcel map means that enough information is available and that the necessary conditions of the tentative parcel map have been met, therefore, a parcel map is not required.

(b)

The community development director may waive a parcel map according to the provisions set forth in section 130.12.130(4).

(c)

When a parcel map has been waived, the community development director shall distribute copies of the certificate of compliance and waiver of the parcel map to the department of building and safety and file a certificate of compliance with the recorder's office upon payment of the fee.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.16.130. - Same—Mobilehome park.

(a)

When at least two-thirds of the owners of mobilehomes who are tenants in the mobilehome park have signed a petition indicating their intent to purchase the mobilehome park for purposes of converting it to tenant-owned, condominium ownership interest and a field survey has been performed, they may file with the community development director an application for waiver of a parcel map or a tentative and final map.

(b)

The petition signed by the owners of mobilehomes in a mobilehome park proposed for conversion to a tenant-owned, condominium ownership shall read as prescribed by Government Code § 66428(b).

(c)

The application for map waiver shall be on the form prescribed by the community development director, shall be accompanied by the field survey, certified copies of all petitions signed in accordance with subsection (b) of this section and the combined fee required for residential parcel map (with waiver of final map) and certificate of land division compliance with waiver of final parcel map.

(d)

Waiver of a parcel map may not occur if any one of the following exists:

(1)

There are significant design or improvement requirements necessitated by health or safety concerns;

(2)

Subsequent to recordation of the existing parcel or final map, there is an exterior boundary discrepancy that requires recordation of a new parcel or tentative and final map;

(3)

The existing lot or lots were not created by a recorded parcel or final map;

(4)

The conversion would result in the creation of additional parcels.

(e)

After the waiver application is deemed complete, the community development director shall approve or deny the application within 50 days. The applicant shall have the right to appeal that decision to the planning commission and city council.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

After a final map or parcel map is filed in the office of the county recorder, the recorded map may be modified by a certificate of correction.

(1)

Application. The land divider may apply for a certificate of correction upon finding that one or more of the following conditions apply:

a.

To correct an error in any course or distance shown thereon;

b.

To show any course or distance that was omitted therefrom;

c.

To correct an error in the description of the real property shown on the map;

d.

To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

e.

To show the proper location or character of any monument which has been changed in location or character and originally was shown at the wrong location or incorrectly as to its character; or

f.

To correct any other type of map error or omission as approved by the county surveyor which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. As used in this section, the term "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

(2)

Procedure. The application for a certificate of correction shall be made to the county surveyor upon payment of fees and on the forms provided by the director of transportation and shall include such information as required by the county surveyor in addition to the following: The certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor and shall show in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.

(3)

Recordation of certificate of correction. Once the certificate of correction has been certified by the director of transportation and the county surveyor, the certificate of correction shall be filed in the office of the county recorder in which the original map was filed. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate tract or parcel map designation shown on the amended map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.16.150. - Amendment of final maps or parcel maps.

(a)

Modification of recorded map. In addition to the amendments authorized by section 130.16.140, after a final map or parcel map is filed in the office of the county recorder, the recorded map may be modified by an amendment of the map.

(b)

Application. The land divider may apply for an amendment of map on the forms provided by the planning department upon payment of fees and shall include such information as required by the community development director.

(c)

Approval requirements. No amended map shall be approved unless it complies with the following standards:

(1)

There are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary;

(2)

The modifications do not impose any additional burden on the present fee owner of the property;

(3)

The modifications do not alter any right, title, or interest in the real property reflected on the recorded map;

(4)

The county surveyor finds that the map as modified conforms to the provision of section 130.12.190.

(d)

Notice of hearing. The community development director shall set the matter for public hearing in accordance with section 130.12.140. The hearing shall be confined to consideration of and action on the proposed modification.

(e)

Recordation of amendment of map. When the changes to a final map or parcel map are in conformance with the standards, the community development director shall certify to this fact on the amended map.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

CHAPTER 130.20. - DEDICATIONS

(a)

All streets, highways and alleys, and other parcels of land intended for public use including, but not limited to, access road easements required for flood control and utilities intended for public use, shall be offered for dedication to the public by owners certificate as a part of a final map or parcel map. No utility easement or other rights-of-way shall be granted within proposed street dedications subsequent to the date of filing of a preliminary tentative map. Necessary right-of-way outside of the subdivision boundary must be processed by separate instruments.

(b)

Whenever a secondary highway or higher classification is designated on the circulation element of the comprehensive general plan of the city as requiring an ultimate right-of-way of 88 feet or greater and such

highway either adjoins or crosses a proposed land division, access rights may be offered for dedication to the city or otherwise restricted. The note "access restricted" shall be shown along the highway frontages on the final map or parcel map, as provided herein. Access rights shall be restricted except for limited access openings as approved by the director of transportation. However, access control to commercially zoned property may be postponed to the development stage as approved by the director of transportation.

(c)

Whenever a subdivider is required to dedicate roadways to the public, he may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision, if the subdivision, as shown on the final map or parcel map thereof, contains 200 or more parcels.

(d)

The subdivider shall offer a dedication or an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of a subdivision if:

(1)

The subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the adopted general plan or contains 100 acres or more; and

(2)

The city council finds that transit services are or will within a reasonable time period be made available to such subdivision.

(e)

The provisions of this section do not apply to condominium projects.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.20.020. - Park and recreation fees and dedications.

(a)

Authority. This section is adopted pursuant to California Government Code Section 66477, which authorizes a city council to require, by ordinance, the dedication of land or the payment of fees in lieu thereof, or a combination of both, for park and recreational facilities as a condition of approval of a tentative map or parcel map.

(b)

Dedication or fee required. Whenever land is proposed to be subdivided for residential use, the property owner shall be required, as a condition of approval of the subdivision, to dedicate to the city for park purposes three acres of land for every 1,000 residents of the subdivision, or pay an equivalent fee, or a combination of both, consistent with this section.

(1)

For subdivisions containing 50 parcels or less, only the payment of fees shall be required; provided, however, that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, the dedication of land may be required even though the number of parcels may be less than 50.

(2)

Nothing in this section shall prevent the city from accepting the voluntary dedication of land by a developer for a subdivision containing less than 50 parcels if the dedication meets the other requirements of this section.

(c)

Exemptions. This section shall not apply to the following land divisions:

(1)

Commercial or industrial.

(2)

Condominium projects or stock cooperatives which consist of the subdivision airspace in an existing apartment building which is more than five years old and no new dwelling units area added.

(3)

Subdivisions containing less than five parcels and not used for residential purposes, provided, however, that a condition of approval shall be placed on those maps that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four years of the approval of the final map, the owner of each parcel on which construction of a residential structure is proposed must pay a fee in lieu of park land dedication as a condition to the issuance of a building permit. The city may require a developer to implement this condition by recording an agreement to document the obligation to pay the fee as a condition of issuance of a building permit.

(d)

Dedications of land. Whenever land is dedicated pursuant to this section the following provisions apply.

(1)

The amount and location of property to be dedicated shall be as approved by the city. In determining whether to require a dedication of land, the city may consider the natural features of the area, available access, the location, size and shape of the subdivision, the land available for dedication, the feasibility of dedication, the location of existing and proposed park sites and trailways and the compatibility of dedication with the city's general plan.

(2)

All dedications of land shall be in accordance with the Subdivision Map Act. Land shall be conveyed in fee simple to the city free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the city agrees to accept. The city may require the dedication from the developer by irrevocable offer of dedication on the map or by grant deed delivered to the city before the approval of the final map. If the final map is disapproved, or if it is withdrawn by the developer, any deeds shall be returned to the developer. If the final map is approved, the deeds shall be recorded by the city at the time the final map is recorded. No deed for dedication of land shall be accepted unless it is accompanied by a policy of title insurance, secured by the developer, in an amount equal to the value of the land dedicated.

(3)

The amount of land to be dedicated shall be based on the residential density of the subdivision, and shall be determined by multiplying the number of dwelling units in the subdivision by the estimated number of persons per household, and multiplying that product by 0.003 (based on the ratio of the city standard of three acres of park land per 1,000 people). The estimated number of persons per household by dwelling unit type shall be determined by the community development director based on data from the most recent available federal census or census taken pursuant to California Government Code Section 40200 et seq.

(4)

To the extent that the amount of land required to be dedicated by a developer (under subsection (d)(3) of this section) exceeds the actual amount of land to be dedicated by the developer (as approved by the city under subsection (d)(1) of this section), the developer shall pay in-lieu fees for the value of that net amount of land that otherwise would have been required to be dedicated. The amount of the in-lieu fee shall be as determined by subsection (e) of this section.

(5)

The land dedicated shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

(6)

Whenever land is dedicated, the developer shall provide the following improvements for the benefit of the land dedicated. Prior to approval of a final map on which a dedication of park land is required in

accordance with this section, the developer shall submit improvement plans, subject to approval by the public works director in accordance with chapter 130.24 of this code:

a.

Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation of existing public utility facilities, street paving, traffic control devices, street trees, and sidewalks to the dedicated land;

b.

Fencing along the property lines of the subdivision which are contiguous to the park;

c.

Improve the drainage through the park site;

d.

Provide minimal physical improvements, not including recreational facilities, building, or equipment, which the city determines are necessary for acceptance of the land for park and recreational purposes, including, but not limited to, grading, drainage, irrigation and planting improvements;

e.

Provide access from the park and recreational facilities to an existing or proposed public street, unless the city determines that such access is unnecessary for maintenance of the park area or use of the park by the residents of the subdivision.

(e)

Payment of fees. Whenever fees are imposed pursuant to this section, the following provisions apply.

(1)

The fee shall be paid prior to the recording of the final map, or such later time as may be stated in the conditions of approval for the subdivision. No certificate of occupancy shall be issued by the city for a dwelling unit within subdivision conditioned to pay fees pursuant to this section unless and until the fee for that dwelling unit has been paid.

(2)

The fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities, by the future inhabitants of the subdivision. The fee shall be calculated by the community development director based on the fair market value of land within the subdivision of a size equal to that which the developer would otherwise be required to dedicate in accordance with this section. Provided, however, as an alternative method of estimating the fair market value of land to be used when calculating the amount of fees, the city council may, by resolution, determine the estimated fair market value per acre of acquiring park land within the city. The fee amount for a subdivision shall equal the fair market value of land multiplied by the size of land that would have been required to be dedicated for the subdivision under this section.

(3)

Whenever fees are paid pursuant to this section, the city shall deposit them into a separate fund.

(f)

Credits. A developer may receive a credit against dedication or fee requirements as follows.

(1)

A credit may be given against the requirement for the payment of fees or the dedication of land required by this section for the reasonable value of park and recreation improvements provided by the developer. The amount of the credit shall be determined prior to the approval or conditional approval of the tentative map, and the amount shall be documented in a credit agreement between the city and the developer. The granting of a credit shall be at the discretion of the city council and shall be based on an approved set of improvement plans.

(2)

A credit may be given where private areas for park and recreational purposes are provided in a subdivision and such areas are for active recreational uses, and will be privately owned and maintained in common by the future owner(s) of the development. Such areas may be credited against up to 50 percent of the requirement of land dedication or fees at the discretion of the city council; provided that the city council determines that it is in the public interest to grant such credits and that all of the following standards either have been or will be met prior to approval of the final map or development permit:

a.

That yards, court areas, setbacks, and other open space areas, required to be maintained by Title 120 of this code, the building code and other regulations, shall not be included in the computation of such private areas;

b.

Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions; and that the use of the private area is restricted for park and recreational purposes by an open space easement or other instrument; and

c.

That the proposed private area is reasonably adaptable for use of park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.

(3)

"Active recreational uses" means, for the purposes of this subsection (f), recreation facilities occurring on usable level land (five percent maximum slope) in a planned development which are designed to provide individual or group activities of an active nature including, but not limited to, open lawn, sports fields, court games, swimming pools, children's play areas, picnic areas, golf courses, and recreational community gardening. Active recreational uses do not include natural open space, nature study areas, open space for buffer areas, steep slopes, or scenic overlooks.

(g)

Use of land and fees.

(1)

The city shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities.

(2)

All fees collected by the city may be used only for the purpose of developing new or rehabilitating existing park and recreational facilities to serve the subdivision. Notwithstanding the foregoing, fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision is located, if all of the following requirements are met:

a.

The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population.

b.

The neighborhood in which the subdivision for which the fees were paid has a park area per 1,000 members of the neighborhood population ratio that meets or exceeds three acres per 1,000 persons.

c.

The city council holds a public hearing before using the fees pursuant to this subsection.

d.

The city council makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used.

e.

The fees are used within a specified radius that complies with the city's ordinance adopted pursuant to this section, and are consistent with the adopted general plan or specific plan of the city. For purposes of this subsection, "specified radius" includes a planning area, zone of influence, or other geographic region designated by the city, that otherwise meets the requirements of this section.

(3)

All fees collected pursuant to this section shall be committed by the city for a specific project within five years of receipt of the fees or five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not so committed, the fees received shall be distributed 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 in the subdivision.

(h)

Subsequent development. Whenever subsequent development occurs on property for which fees have been paid or land dedicated in accordance with this section, no additional fees or dedications shall be

required under this section except as to any additional lots or dwelling units which were not subject to a prior fee or dedication requirement.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023; Ord. No. 2025-07, § 2(Exh. B), 8-132025)

CHAPTER 130.24. - IMPROVEMENTS

Sec. 130.24.010. - Land division improvements generally.

(a)

Improvements installed in land divisions shall be constructed in conformance to the provisions of city ordinances.

(b)

In the absence of a standard for an improvement, the director of transportation or flood control engineer, as appropriate, may establish a standard in keeping with good construction and engineering practices.

(c)

When asphalt-concrete dikes are permitted and drainage is required to cross at intersecting streets, concrete curb returns and cross-gutters shall be installed.

(d)

Structural roadbed section shall be designed using recognized design methods, employing engineering soils analysis and determination of traffic evaluations.

(e)

The street pattern in the land development shall not land lock adjacent property or preclude access to public land.

(f)

When located under the pavement, utility mains and utility services shall be installed before the final street surfacing is installed.

(g)

Asphalt-concrete dikes shall be placed when fill slopes are 4:1 or steeper, or street gradients exceed three percent.

(h)

Concrete curb and gutter shall be placed in lieu of asphalt concrete dike when street gradient is less than 0.50 percent or when street drainage exceeds a velocity of ten feet per second.

(i)

When an existing underground utility or pipeline crosses a proposed land division or an access to a land division, the land divider shall adequately protect the utility or pipeline as directed by the utility owner as part of the conditional approval of the land division.

(h)

Projects which are located in high fire hazard areas as shown on the city comprehensive general plan hazardous fire area map shall require special fire mitigation measures. These fire mitigation measures include the following:

(1)

Roofs, eaves and siding must be constructed with Class B fire resistant roofing materials;

(2)

A buffer of fire retardant landscaping for appropriate distances from structures;

(3)

Water facilities improvements such as storage tanks as required by the fire chief.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.24.020. - Improvement plans required.

(a)

All improvements constructed or installed in public or private dedications shall be in accordance with detailed plans and specifications as approved by the city engineer prior to commencement of the improvement work.

(b)

Plans for water and sewer improvements shall be signed by a registered civil engineer, the water and sewer purveyors and the health officer. Each system shall comply with all applicable state and city regulations. The city fire chief shall also sign the water plans when conditions include fire protection.

(c)

Contractors shall secure an encroachment permit for all work done within the city right-of-way and the county flood control and water conservation district right-of-way prior to commencing the work.

(d)

Improvements proposed or required on state highway rights-of-way shall require Caltrans approval.

(e)

The subdivider may submit a written request and justification to the city engineer to accept an estimate of the construction costs for the required public improvements as a basis for the bonding amounts for the

improvement agreement as specified in chapter 130.60. If the request is approved by the city engineer, the bond estimate shall be based upon a written report prepared by the subdivider's engineer, signed and stamped by a registered civil engineer, detailing the itemized construction quantities. The quantities shall be taken from the subdivider's engineer's improvement plans, which while not required to be signed by the city engineer, must be acceptable to him as to final design concept and quantities. The design engineer shall utilize current unit costs for bonding purposes as issued annually by the transportation department. When improvement plans are not approved and signed by the city engineer prior to map approval and recordation, an additional contingency amount of 20 percent shall be included in the security amount.

(f)

Securities submitted by a subdivider shall not be reduced to reflect signed plans. Any partial releases of security shall only reflect the percentage of construction work completed. The bond amounts held for improvement design may only be released in conjunction with the first partial bond release for construction.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-14, § 1, 2-8-2023)

Sec. 130.24.030. - Improvement for subdivisions.

The minimum improvements which a land divider shall install, or enter into an agreement to install, for subdivisions shall be as hereinafter set forth in schedule A, B, C and D.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.24.040. - Schedule A subdivision.

Any division of land into five or more parcels, where any parcel is less than 18,000 square feet in net area, shall be defined as a schedule A subdivision.

(1)

Streets. The minimum improvements for public streets are established as follows:

a.

Arterial highways shall be 86 feet in width, designed and constructed in conformance with city ordinance, standard No. 100.

b.

Arterial (urban) highways shall be 110 feet in width, designed and constructed in conformance with city ordinance, standard No. 100(A).

c.

Arterial (mountain) highways shall be 64 feet in width, designed and constructed in conformance with city ordinance, standard No. 100(B), section A. A maximum width of 40 feet in conformance with city ordinance, standard No. 100(B), section C may be allowed when anticipated low traffic volumes or rugged terrain does not warrant construction of a 64-foot four-lane highway. A minimum width of 52 feet in conformance with

city ordinance, standard No. 100(B), section B may be required in steep terrain to provide for a passing lane.

d.

Major highways shall be 76 feet in width, designed and constructed in conformance with city ordinance, standard No. 101.

e.

Secondary highways shall be 64 feet in width, designed and constructed in conformance with city ordinance, standard No. 102.

f.

Collector streets shall be 44 feet in width, designed and constructed in conformance with city ordinance, standard No. 103(A).

g.

General local streets shall be 40 feet in width, designed and constructed in conformance with city ordinance, standard No. 104(A).

h.

Short local or circulatory interior streets shall be 36 feet in width, designed and constructed in conformance with city ordinance, standard No. 105(A).

i.

Restricted local or noncirculatory interior streets shall be 32 feet in width, designed and constructed in conformance with city ordinance, standard No. 106(A); provided, however, that in areas with an elevation of 5,000 feet or more it shall be 28 feet in width, designed in conformance with city ordinance, standard No. 112, local mountain residential street.

j.

Access road shall be 32 feet in width, designed and constructed in conformance with city ordinance, standard No. 106(B).

k.

Frontage roads shall be designed and constructed in conformance with city ordinance, standard No. 107(A), 108 or 109.

l.

Cul-de-sac streets shall be designed and constructed in conformance with city ordinance, standard No. 800.

m.

Alleys: 20 feet in width, designed and constructed in conformance with city ordinance, standard No. 500.

n.

Part-width streets shall be one-half of the required improvement, but not less than 28 feet, designed and constructed in conformance with city ordinance, standard No. 110(A).

o.

Street name signs type and placement shall conform with city ordinance, standard No. 816.

p.

Barricades shall be placed at the end of dead-end streets in accordance with city ordinance, standard No. 810.

q.

Sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalk construction shall be in accordance with the improvement standards of city ordinances.

(2)

Domestic water. The minimum requirement for domestic water supply and distribution system is as follows:

a.

Water supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, title 22, chapter 16, California waterworks standards. Improvement plan review shall be as required by section 130.16.030;

b.

Piped water systems.

(3)

Fire protection. The minimum requirement for fire protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:

a.

Type of fire hydrant and connection as approved by the agency providing fire protection;

b.

Approved fire hydrants shall be located one at each street intersection, and spaced not more than 330 feet apart in any direction;

c.

The water system shall be capable of providing a fire flow of 1,000 gpm for two hours duration at a minimum of 20 psi operating pressure from each fire hydrant. This amount shall be in addition to the average day demand as defined in the California Administrative Code, title 22, chapter 16, California waterworks standards;

d.

The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site;

e.

In zones that allow multifamily residential uses, the minimum fire protection shall be set forth in chapter 110.20.

(4)

Sewage disposal. The minimum requirements for sewage disposal shall be as follows:

a.

Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available by the development of individual subsurface sewage disposal systems that meet health department and the regional water quality control board standards and requirements, or, by development of a package treatment plant that meets the health department and regional water quality control board standards and requirements.

b.

Improvement plans for sewage collection systems shall be reviewed as required by section 130.16.030.

c.

Dry sewer may be required as set forth in chapter 130.40 when subsurface sewage disposal is approved.

(5)

Fences. Minimum fencing requirement shall be as follows: six-foot high chainlink galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

(6)

Electrical and communication facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of chapter 130.44.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any section of land into five or more parcels, where any parcel is not less than 18,000 square feet in net area up to two acres in gross area, shall be defined as a schedule B subdivision. The minimum improvements for a schedule B subdivision shall be as follows:

(1)

Streets.

a.

Arterial highway shall be 86 feet in width, designed and constructed in conformance with city ordinance, standard No. 100.

b.

Arterial (urban) highway shall be 110 feet in width, designed and constructed in conformance with city ordinance, standard No. 100(A).

c.

Arterial (mountain) highways shall be 64 feet in width, designed and constructed in conformance with city ordinance, standard No. 100(B), section A. A maximum width of 40 feet in conformance with city ordinance, standard No. 100(B), section C may be allowed when anticipated low traffic volumes or rugged terrain does not warrant construction of a 64-foot four-lane highway. A minimum width of feet in conformance with city ordinance, standard No. 100(B), section B may be required in steep terrain to provide for a passing lane.

d.

Major highways shall be 76 feet in width, designed and constructed in conformance with city ordinance, standard No. 101.

e.

Secondary highways shall be 64 feet in width, designed and constructed in conformance with city ordinance, standard No. 102.

f.

Collector streets shall be 44 feet in width, designed and constructed in conformance with city ordinance, standard No. 103(B).

g.

General local streets shall be 40 feet in width, designed and constructed in conformance with city ordinance, standard No. 104(B).

h.

Short local or circulatory interior streets shall be 36 feet in width, designed and constructed in conformance with city ordinance, standard No. 105(B).

i.

Restricted local or noncirculatory interior streets shall be 32 feet in width, designed and constructed in conformance with city ordinance, standard No. 106(B); provided, however, that in areas with an elevation of 5,000 feet or more it shall be 28 feet in width designed in conformance with city ordinance, standard No. 112, local mountain residential street.

j.

Access roads shall be 32 feet in width, designed and constructed in conformance with city ordinance, standard No. 106(B).

k.

Frontage roads shall be designed and constructed in conformance with city ordinance, standard No. 107, 108 or 109(B).

l.

Cul-de-sac streets shall be shall be designed and constructed in conformance with city ordinance, standard No. 800.

m.

Rural collector roads shall be 28 feet in width, designed and constructed in conformance with city ordinance, standard No. 136.

n.

Rural residential (local) roads shall be 24 feet in width, designed and constructed in conformance with city ordinance, standard No. 138.

o.

Alleys shall be 20 feet in width, designed and constructed in conformance with city ordinance, standard No. 500.

p.

Part-width streets: shall be one-half of the required improvement, but not less than 28 feet, designed and constructed in conformance with city ordinance, standard No. 110(B).

q.

Street name signs shall be type and placement shall conform with city ordinance, standard No. 816.

r.

Barricades shall be placed at the end of dead-end streets in conformance with city ordinance, standard No. 810.

(2)

Domestic water. The minimum requirement for a domestic water supply and distribution system is as follows:

a.

Water supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, title 22, chapter 16, California waterworks standards. Improvement plan review shall be as required by section 130.16.030;

b.

Piped water systems.

(3)

Fire protection. The minimum requirement for protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:

a.

Type of fire hydrant and connection as approved by the agency providing fire protection;

b.

Approved fire hydrants shall be located one at each street intersection, and spaced not more than 660 feet apart in any direction;

c.

The water system shall be capable of providing a fire flow of 1,000 gpm for two hours duration at a minimum of 20 psi operating pressure from each fire hydrant. This amount shall be in addition to the average day demand as defined in the California Administrative Code, title 22, chapter 16, California waterworks standards;

d.

The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site;

e.

In zones that allow multifamily residential uses, the minimum fire protection shall be as set forth in chapter 110.20.

(4)

Sewage disposal. The minimum requirements for sewage disposal shall be as follows:

a.

Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet health department and the regional water quality control board standards and requirements, or, by development of a package treatment plant that meets the health department and regional water quality control board standards and requirements.

b.

Improvement plans for sewage collection systems shall be reviewed as required by section 130.16.030.

c.

Dry sewer may be required as set forth in chapter 130.40 when subsurface sewage disposal is approved.

(5)

Fences. Minimum fencing requirement shall be as follows: six-foot-high chainlink galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

(6)

Electrical and communication facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of chapter 130.44.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Improvements. Any division of land into five or more parcels where any parcel is not less than two acres in gross area up to five acres in gross area. The minimum improvements for schedule C subdivision shall be as follows:

(1)

All streets excluding rural collector roads and rural residential (local) roads, shall be 32 feet in width, improved with asphalt concrete and paving, designed and constructed in conformance with city ordinance, standard No. 106(B), unless further improvements are required on boundary streets to achieve compatibility with contiguous existing streets or street improvement requirements set forth on adjacent land divisions. Rural collector roads shall be 28 feet in width, designed and constructed in conformance with city ordinance, standard No. 136.

(2)

Rural residential (local) roads shall be 24 feet in width, designed and constructed in conformance with city ordinance, standard No. 138.

(b)

Domestic water. The minimum requirement for a domestic water supply and distribution system is as follows:

(1)

No water system required. If a water system is installed, the requirements shall be as follows:

a.

Water supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, title 22, chapter 16, California waterworks standards. Improvement plan review shall be as required by section 130.16.030;

b.

Piped water systems.

(2)

If no water system is installed, the following statement shall be placed on each map sheet of the record land division map and the environmental constraints sheet, in letters not less than one-quarter-inch high: "No Water System is Provided for the Land Division as of the Date of Recordation of this Map."

(c)

Fire protection. If a water system is installed, the minimum requirements for fire protection facilities in single-family residential zones shall be as approved by the fire chief as follows:

(1)

Type of fire hydrant and connection as approved by the agency providing fire protection;

(2)

Approved fire hydrants shall be located one at each street intersection, and spaced not more than 660 feet apart in any direction;

(3)

The water system shall be capable of providing a fire flow of 500 gpm for two hours duration at a minimum of 20 psi operating pressure from each fire hydrant. This amount shall be in addition to the average day demand as defined in the California Administrative Code, title 22, chapter 16, California waterworks standards.

(4)

If a domestic water system is installed that does not meet the minimum fire protection requirements, the following statement shall be placed on each map sheet of the record land division map and the environmental constraints sheet, in letters not less than one-quarter-inch high: "The Domestic Water System Provided for this Land Division Does Not Meet the Minimum Fire Protection Requirements."

(d)

Sewage disposal. The minimum requirements for sewage disposal shall be as follows:

(1)

No sewage disposal collection system is required.

(2)

The land divider will be required to provide the health department with a sewage disposal feasibility report in conformance with health department and the regional water quality control board standards.

(e)

Electrical and communication facilities. The minimum requirements for electrical and communication facilities shall be as follows:

(1)

No electrical and communication facilities are required.

(2)

If installed, they shall be installed in conformity with the provisions of chapter 130.44.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.24.070. - Schedule D subdivision.

Any division of land into five or more parcels, where any parcel is not less than five acres in gross area up to 20 acres in gross area, shall be defined as a schedule D subdivision. The minimum improvements for a schedule D subdivision shall be as follows:

(1)

Streets.

a.

If the streets are not to be accepted for maintenance by the city, all streets shall be improved with 24 feet of suitable aggregate base, four inches thick, on a 40-foot graded roadway section. Vertical grades and horizontal alignments shall be held to an acceptable tolerance as determined by the director of transportation.

b.

If the streets are to be accepted for maintenance by the city, the improvements shall be the same as those required for schedule C subdivisions.

(2)

Domestic water. The minimum requirements for a domestic water supply and distribution system are as follows:

a.

No water system required. If a water system is installed, the requirements shall be as follows:

1.

Water supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, title 22, chapter 16, California waterworks standards. Improvement plan review shall be as required by section 130.16.030;

2.

Pipe water systems.

b.

If no water system is installed, the following statement shall be placed on each map sheet of the record land division map and environmental constraints sheet, in letters not less than one-quarter-inch high: "No Water System is Provided for the Land Division as of the Date of Recordation of this Map."

(3)

Fire protection.

a.

If a water system is installed, the minimum requirements for fire protection facilities in single-family residential zones shall be as approved by the fire chief or as follows:

1.

The water system shall be capable of providing a fire flow of 500 gpm for two hours duration at a minimum of 20 psi operating pressure from each fire hydrant. This amount shall be in addition to the average day demand as defined in the California Administrative Code, title 22, chapter 16, California waterworks standards.

2.

Approved fire hydrants shall be located one at each street intersection, and spaced not more than 660 feet apart in any direction.

b.

If a domestic water system is installed that does not meet the minimum fire protection requirements, the following statement shall be placed on each map sheet of the environmental constraints sheet in letters not less than one-quarter-inch high: "The Domestic Water System Provided for this Land Division Does Not Meet the Minimum Fire Protection Requirements."

(4)

Sewage disposal. The minimum requirements for sewage disposal shall be as follows:

a.

No sewage disposal collection system is required.

b.

The land divider will be required to provide the health department with a sewage disposal feasibility report in conformance with health department and the regional water quality control board standards.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.24.080. - Improvements for parcel map divisions.

The minimum improvements which a land divider shall install, or enter into an agreement to install, for parcel map divisions shall be as hereinafter set forth in schedules E, F, G, H and I.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.24.090. - Schedule E parcel map division.

Any division of land into two or more parcels in commercial or industrial zones, regardless of parcel size.

(1)

Streets. The minimum improvements for streets are established as follows:

a.

All through streets shall be 64 feet in width, designed and constructed in conformance with city ordinance, standard 102.

b.

No circulatory street shall be less than 56 feet in width, designed and constructed in conformance with city ordinance, standard No. 111.

c.

No part-width interior street shall be less than 34 feet in width.

d.

Concrete curb and gutter shall be required in all cases.

e.

Industrial collector shall be 56 feet in width, designed and constructed in conformance with city ordinance, standard No. 111.

f.

Sidewalks may be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalk construction shall be in accordance with the improvement standards of city ordinances.

(2)

Domestic water. The minimum requirements for domestic water supply and distribution system are as follows:

a.

Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, title 22, chapter 16, California waterworks standards. Improvement plan review shall be as required by section 130.16.030;

b.

Piped water systems.

(3)

Fire protection. The minimum fire protection requirements shall be as provided in chapter 110.20.

(4)

Sewage disposal. The minimum requirement for sewage disposal shall be as follows:

a.

Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet health department and the regional water quality control board standards and requirements, or, by development of a package treatment plant that meets the health department and regional water quality control board standards and requirements.

b.

Improvement plans for sewage collection systems shall be reviewed as required by section 130.16.030.

c.

Dry sewer may be required as set forth in chapter 130.40 when subsurface sewage disposal is approved.

(5)

Fences. Minimum requirement for fencing shall be as follows: six-foot high chainlink galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

(6)

Electrical and communication facilities. The minimum requirements for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of chapter 130.44.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.24.100. - Schedule F parcel map division.

Any division of land into four or less parcels, where any parcel is less than 18,000 square feet in net area, shall be defined as a schedule F parcel map division. The minimum improvements for a schedule F parcel map division shall be as follows:

(1)

Streets. The minimum improvements for streets are established as follows:

a.

Arterial highways shall be 86 feet in width, designed and constructed in conformance with city ordinance, standard No. 100.

b.

Arterial (urban) highways shall be 110 feet in width, designed and constructed in conformance with city ordinance, standard No. 100(A).

c.

Arterial (mountain) highways shall be 64 feet in width, designed and constructed in conformance with city ordinance, standard No. 100(B), section A. A maximum width of 40 feet in conformance with city ordinance, standard No. 100(B), section C may be allowed when anticipated low traffic volumes or rugged terrain does not warrant construction of a 64 foot four-lane highway. A minimum width of 52 feet in conformance with city ordinance, standard No. 100(B), section B may be required in steep terrain to provide for a passing lane.

d.

Major highways shall be 76 feet in width, designed and constructed in conformance with city ordinance, standard No. 101.

e.

Secondary highways shall be 64 feet in width, designed and constructed in conformance with city ordinance, standard No. 102.

f.

Collector streets: 44 feet in width, designed and constructed in conformance with city ordinance, standard No. 103(A).

g.

General local streets shall be 40 feet in width, designed and constructed in conformance with city ordinance, standard No. 104(A).

h.

Short local or circulatory interior streets shall be 36 feet in width, designed and constructed in conformance with city ordinance, standard No. 105(A).

i.

Restricted local or noncirculatory interior streets: 32 feet in width, designed and constructed in conformance with city ordinance, standard No. 106(A); provided, however, that in areas with an elevation of 5,000 feet or more it shall be 28 feet in width, designed in conformance with city ordinance, standard No. 112, local mountain residential street.

j.

Access road shall be 32 feet in width, designed and constructed in conformance with city ordinance, standard No. 106(B).

k.

Frontage roads shall be designed and constructed in conformance with city ordinance, standard No. 107(A), 108 or 109.

l.

Cul-de-sac streets shall be designed and constructed in conformance with city ordinance, standard No. 800.

m.

Alleys shall be 20 feet in width, designed and constructed in conformance with city ordinance, standard No. 500.

n.

Part-width streets: shall be one-half of the required improvement but not less than 28 feet, designed and constructed in conformance with city ordinance, standard No. 110(A).

o.

Street name signs: type and placement shall conform with city ordinance, standard No. 816.

p.

Barricades shall be placed at the end of dead-end streets in accordance with city ordinance, standard No. 810.

q.

Sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalk construction shall be in accordance with the improvement standards of city ordinances.

(2)

Domestic water. The minimum requirements for domestic water supply and distribution system are as follows:

a.

Water supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, title 22, chapter 16, California waterworks standards. Improvement plan review shall be as required by section 130.16.030;

b.

Piped water systems.

(3)

Fire protection. The minimum requirements for fire protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:

a.

Type of fire hydrant and connection as approved by the agency providing fire protection.

b.

Approved fire hydrants shall be located one at each street intersection, and spaced not more than 330 feet apart in any direction.

c.

The water system shall be capable of providing a fire flow of 1,000 gpm for two hours duration at a minimum of 20 psi operating pressure from each fire hydrant. This amount shall be in addition to the average day demand as defined in the California Administrative Code, title 22, chapter 16, California waterworks standards.

d.

The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site.

e.

In zones that allow multifamily residential uses, the minimum fire protection shall be as set forth in chapter

110.20.

(4)

Sewage disposal. The minimum requirements for sewage disposal shall be as follows:

a.

Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet health department and the regional water quality control board standards and requirements, or, by development of a package treatment plant that meets the health department and regional water quality control board standards and requirements.

b.

Improvement plans for sewage collection systems shall be reviewed as required by section 130.16.030.

c.

Dry sewer may be required as set forth in chapter 130.40 when subsurface sewage disposal is approved.

(5)

Fences. Minimum fencing requirement shall be as follows: six-foot high chainlink galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

(6)

Electrical and communication facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of chapter 130.44.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any division of land into four or less parcels, where any parcel is not less than 18,000 square feet in net area to one acre in gross area, shall be defined as a schedule G parcel map division. The minimum improvements for a schedule G parcel map division shall be as follows:

(1)

Streets. The minimum improvements for streets are established as follows:

a.

Arterial highway shall be 86 feet in width, designed and constructed in conformance with city ordinance, standard No. 100.

b.

Arterial (urban) highways shall be 110 feet in width, designed and constructed in conformance with city ordinance, standard No. 100(A).

c.

Arterial (mountain) highways shall be 64 feet in width, designed and constructed in conformance with city ordinance, standard No. 100(B), section A. A maximum width of 40 feet in conformance with city ordinance, standard No. 100(B), section C may be allowed when anticipated low traffic volumes or rugged terrain does not warrant construction of a 64 foot four-lane highway. A minimum width of 52 feet in conformance with city ordinance, standard No. 100(B), section B may be required in steep terrain to provide for a passing lane.

d.

Major highways shall be 76 feet in width, designed and constructed in conformance with city ordinance, standard No. 101.

e.

Secondary highways shall be 64 feet in width, designed and constructed in conformance with city ordinance, standard No. 102.

f.

Collector streets shall be 44 feet in width, designed and constructed in conformance with city ordinance, standard No. 203(B).

g.

General local streets shall be 40 feet in width, designed and constructed in conformance with city ordinance, standard No. 104(B).

h.

Short local or circulatory interior streets shall be 36 feet in width, designed and constructed in conformance with city ordinance, standard No. 105(B).

i.

Restricted local or noncirculatory interior streets shall be 32 feet in width, designed and constructed in conformance with city ordinance, standard No. 106(B); provided, however, that in areas with an elevation of 5,000 feet or more it shall be 28 feet in width, designed in conformance with city ordinance, standard No. 112, local mountain residential street.

j.

Access road shall be 32 feet in width, designed and constructed in conformance with city ordinance, standard No. 106(B).

k.

Frontage roads shall be designed and constructed in conformance with city ordinance, standard No. 107(B), 108 or 109.

l.

Cul-de-sac streets shall be designed and constructed in conformance with city ordinance, standard No. 800.

m.

Rural collector roads shall be 28 feet in width, designed and constructed in conformance with city ordinance, standard No. 136.

n.

Rural residential (local) roads shall be 24 feet in width, designed and constructed in conformance with city ordinance, standard No. 138.

o.

Alleys shall be 20 feet in width, designed and constructed in conformance with city ordinance, standard No. 500.

p.

Part-width streets shall be one-half of the required improvement, but not less than 28 feet, designed and constructed in conformance with city ordinance, standard No. 110(B).

q.

Street name signs shall be type and placement shall conform with city ordinance, standard No. 816.

r.

Barricades shall be placed at the end of dead-end streets in conformance with city ordinance, standard No. 810.

(2)

Domestic water. The minimum requirements for a domestic water supply and distribution system shall be as follows:

a.

No water system required. If a water system is installed, the requirements shall be as follows:

1.

Water supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, title 22, chapter 16, California waterworks standards. Improvement plan review shall be as required by section 130.16.030;

Piped water systems.

b.

If no water system is installed, the following statement shall be placed on each map sheet of the environmental constraints sheet, in letters not less than one-quarter-inch high: "No Water Supply is Provided for the Land Division as of the Date of Recordation of this Map."

(3)

Fire protection. The minimum improvements for fire protection shall be as follows:

a.

Fire protection is required when a public water system exists within 500 feet right-of-way distance of the boundary of the land division and the water purveyor is not prohibited by law from extending water service to the land. In such case, fire protection shall be required as approved by the fire chief or as follows:

1.

Approved fire hydrants shall be located one at each street intersection, and spaced not more than 660 feet apart in any direction.

2.

The water system shall be capable of providing a fire flow of 1,000 gpm for two hours duration at a minimum of 20 psi operating pressure from each fire hydrant. This amount shall be in addition to the average day demand as defined in the California Administrative Code, title 22, chapter 16, California waterworks standards.

b.

If a domestic water system is installed that does not meet the above minimum requirements for fire protection, a statement must be placed on each map sheet of the record land division map and environmental constraints sheet, in letters not less than one-quarter-inch high: The Domestic Water System Provided for this Land Division Does Not Meet Minimum Fire Protection Requirements.

(4)

Sewage disposal. The minimum improvements for sewage disposal shall be as follows: No sewage disposal collection system is required; however, the land divider may be required to provide the health department with a sewage disposal feasibility report in conformance with health department and regional water quality control board standards.

(5)

Electrical and communication facilities. The minimum requirements for electrical and communication facilities shall be as follows:

a.

No electrical and communication facilities are required.

b.

If installed, they shall be installed in conformity with the provisions of chapter 130.44.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.24.120. - Schedule H parcel map division.

Any division of land into four or less parcels, where all parcels are not less than one acre in gross area, shall be defined as a schedule H parcel map division. The minimum improvements shall be as follows:

(1)

Streets. The minimum improvements for streets shall be as follows:

a.

Parcels between one acre and less than five acres in gross area.

1.

Proposed streets. The minimum improvements for a roadway section within new dedications or for existing dedications shall be designed and constructed in conformance with city ordinances and as per the following designated standards:

(i)

Primary and general plan circulation element street serving 50 or more lots: 24 feet graded and based with six-foot graded shoulders.

(ii)

Collector street serving 21 to 49 lots: 24 feet graded and based with four-foot graded shoulders.

(iii)

Local street serving six to 20 lots: 24 feet graded and based with two-foot graded shoulders.

(iv)

Cul-de-sac street serving less than six lots: 24 feet graded and based.

(v)

Access road: 24 feet graded.

If streets to be maintained by city. If the streets are to be accepted for maintenance by the city, the improvements shall be as follows:

(i)

All streets except as noted in subsections (1)a.2(i) and (ii) of this section shall be not less than 32 feet in width, improved with asphalt concrete paving, designed and constructed in conformance with city ordinance, standard No. 106(B), unless further improvements are required on boundary streets to achieve compatibility with contiguous existing streets or street improvement requirements set forth on adjacent land divisions.

(ii)

Noncirculatory streets located in an area where the geography will not sustain parcels of lesser size may have the street section reduced to 28 feet in width. The street shall be improved with asphalt concrete paving, designed and constructed in conformance with city ordinances.

(iii)

Rural residential (local) roads shall be not less than 24 feet in width, improved with asphalt concrete paving, designed and constructed in conformance with city ordinance, standard No. 138.

3.

Existing streets. If any segment of an existing roadway section in which the grade, alignment, and drainage are not adequate as determined by the transportation and fire departments and/or the width of the traveled way is less than 18 feet; street and drainage improvement plans shall be prepared detailing the work necessary for the deficient section to be brought in compliance with city's grade, alignment and drainage standards as stated in Ordinance No. 460 and city ordinances and the designated roadway sections as listed in subsection (1)a.1 of this section.

4.

Access roads. The design and construction requirements as stated in subsections (1)a.1 and 2 of this section shall pertain for access roads from the nearest maintained roads as defined in section 130.04.070 to the map boundary streets.

b.

Parcels no less than five acres in gross area.

1.

Proposed streets. No improvements are required. A centerline study profile of the map street dedications shall be submitted to the transportation department for review and approval.

2.

If streets to be maintained by city. If the streets are to be accepted for maintenance by the city, the improvements shall be as follows:

(i)

All streets except as noted in subsections (1)b.1(ii) and (iii) of this section shall be not less than 32 feet in width, improved with asphalt concrete paving, designed and constructed in conformance with city ordinance, standard No. 106(B), unless further improvements are required on boundary streets to achieve compatibility with contiguous existing streets or street improvement requirements set forth on adjacent land divisions.

(ii)

Noncirculatory streets located in an area where the geography will not sustain parcels of less size may have the street section reduced to 28 feet in width. The street shall be improved with asphalt concrete paving, designed and constructed in conformance with city ordinances.

(iii)

Rural residential (local) roads shall be not less than 24 feet in width, improved with asphalt concrete paving, designed and constructed in conformance with city ordinance, standard No. 138.

3.

Access roads. Legal access shall be provided as defined in section 130.08.100.

(2)

Street improvement plans. For the purposes of this section, the term "street improvement plans" means plans prepared by a registered civil engineer and, as approved by the transportation department. The plans shall be drawn on acceptable reproducible material, drawn to a horizontal scale of not greater than 80 feet to an inch, a vertical scale of not greater than eight feet to an inch, and contain a contour interval plotting of not greater than five feet. The plans shall show the following: the existing ground line profile at centerline, the engineered profile at centerline, the plan view layout of all right-of-way dedications, the watercourses and the rate of surface runoff for a 100-year storm (Q's 100), the proposed drainage facilities within road dedications, the roadway cut and fill slope requirements, and all major topographic features and existing improvements. Design parameters shall be in compliance with Ordinance No. 460 and city ordinances, unless otherwise approved by the director of transportation.

(3)

Other improvements. Domestic water, fire protection facilities and electrical and communication facilities shall be as required by the advisory agency.

(4)

Sewage disposal. The minimum requirements for sewage disposal shall be as follows: No sewage disposal collection system is required; however, the land divider may be required to provide the health department with a sewage disposal feasibility report in conformance with health department and regional water quality control board standards.

(5)

Agricultural lands. The following agricultural land shall be exempt from all improvement requirements specified within this section:

a.

Lands lying within established agricultural preserves formed pursuant to the California Land Conservation Act and chapter 12.16;

b.

Lands zoned A-1, A-2, or A-P or A-D identified in the city comprehensive general plan as important farmland shown on the agricultural resources map, and not less than five acres in size.

(6)

Exceptions. For the purposes of this section, the following exceptions shall apply to any parcel map division located in its entirety within a community services district: Whenever in this title reference is made to any street design, standards, minimum improvements, maintenance, access or dedication thereof, the adopted street standards of the community services district shall apply in meeting any street requirement for land division approval, provided the transportation department has previously approved such standards. The land divider shall submit to the transportation department a street construction permit issued by the community services district approving the proposed street construction.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.24.130. - Schedule I parcel map division.

Any division of land where all parcels are not less than 20 acres in gross area, or greater, shall be defined as a schedule I parcel map division. The land divider may be required to provide the city with soils feasibility reports in conformity with the standards and requirements of the health department and the regional water quality control board for individual sewage disposal.

(1)

Streets. The minimum improvements for streets shall be as follows:

a.

If no specific plan has been filed on the land to be divided, no improvements will be required. Only a centerline study profile of the proposed street dedications shall be prepared for transportation department review and approval.

b.

If a specific plan has been filed on the land to be divided, grading and required infrastructure improvements plans shall be prepared to ultimate design parameters for planning areas or phases of the specific plan as recommended by city development staffs and approved by the appropriate advisory agencies.

c.

Legal access shall be provided as defined in section 130.08.100.

(2)

Agricultural lands. The following agricultural land shall be exempt from all improvement requirements specified in this section:

a.

Lands lying within established agricultural preserves formed pursuant to the California Land Conservation Act and chapter 12.16;

b.

Lands zoned A-1 or A-2, identified in the city comprehensive general plan as important farmland shown on the agricultural resources map.

(3)

Exceptions. For the purposes of this section, the following exceptions shall apply to any parcel map division located in its entirety within a community services district: Whenever in this title reference is made to any street design, standards, minimum improvements, maintenance, access or dedication thereof, the adopted street standards of the community services district shall apply in meeting any street requirement for land division approval, provided the transportation department has previously approved such standards. The land divider shall submit to the transportation department a street construction permit issued by the community services district approving the proposed street construction.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.28. - MAJOR THOROUGHFARE AND BRIDGE CONSTRUCTION FEES

This chapter is adopted pursuant to Government Code § 66484 which provides for the payment of fees to defray the actual or estimated costs for the construction of bridges and major thoroughfares as a condition of approval of a final map or as a condition of issuing a building permit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.28.020. - Area of benefit; fee required.

(a)

Whenever land that is proposed to be divided or for which a building permit is sought, lies within the boundaries of an area of benefit, as hereinafter defined and established, a fee in the amount specified by the resolution establishing the area of benefit as adopted or thereafter amended, shall be required as a condition of approval and recordation of any final map or parcel map or of the issuance of a building permit.

(b)

No property shall be assessed a fee under this section for both a final map or parcel map and a building permit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bridge means a bridge identified in the circulation portion of the public facilities and services element of the comprehensive general plan or a bridge that is part of a major thoroughfare and spans a waterway, railway, freeway or canyon.

Construction means design, acquisition of right-of-way, administration of construction contracts and actual construction.

Major thoroughfare means those roads designated as an expressway, arterial highway, major highway and secondary highway as defined in section 130.04.070 and reflected in the circulation portion of the public facilities and services element of the comprehensive general plan and whose primary purpose is to carry through traffic and provide a network connecting to or which is part of the state highway system.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.28.040. - Public hearing to establish area of benefit.

The city council may, by resolution, set a public hearing at any time to determine whether an area of benefit is to be established, to designate the boundaries of an area of benefit, and to identify the major thoroughfares and/or bridges within the area of benefit that are to be constructed, to determine the costs of construction, whether actual or estimated, and to establish a fair basis for allocation of costs to the area of benefit and apportionment of a fee to be collected from owners of real property within the area of benefit. The city clerk shall notice the public hearing pursuant to Government Code § 65091. The notice shall contain the information required by Government Code § 65094 and shall set forth the preliminary information related to the boundaries of the area of benefit, identifying the major thoroughfares and/or bridges to be constructed and the estimated cost of each, and set forth the proposed method of apportioning the fee among property owners.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.28.050. - Public hearing; protest.

(a)

At the public hearing the city council will consider the preliminary plan prepared by the transportation department that outlines the area to be included within the area of benefit, designates those bridges and/or major thoroughfares to be constructed, the cost estimate with regard to each improvement, and the method for apportioning fees within the area of benefit. The city council will also consider testimony from interested persons, written protests and all relevant evidence submitted.

(b)

All protests are to be in writing and may be filed with the city clerk at any time prior to the close of the public hearing. Each protest must be filed by a person or entity owning property within the proposed boundaries of the proposed area of benefit and describe the property with sufficient specificity that the parcel may be identified. If the person or entity filing the protest is not shown on the last equalized assessment roll as the owner of the parcel, the protest must contain or be accompanied by documentary evidence establishing ownership. A protest may be withdrawn in writing at any time prior to the conclusion of the public hearing.

(c)

If written protests are filed with the city clerk from persons or entities owning more than 50 percent of the land area to be included within the proposed area of benefit and, by the conclusion of the public hearing, a sufficient number of the protests have not been withdrawn so as to reduce the land whose owners are protesting to less than 50 percent, then all proceedings with regard to the area of benefit shall be abandoned and the city council shall not, for one year from the date of the hearing, commence or carry on any proceeding for the same improvements or area of benefit under the provisions of this section.

(d)

If any majority protest is directed against only a portion of the designated improvement, then all further proceeding under the provisions of this section to construct that portion of the designated improvement so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the designated improvements so protested against. The city council may, within a one-year period following a majority protest, commence new proceedings for the construction of the portion of the designated improvements so protested against, if it finds by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the property to be benefitted are in favor of going forward with such portion of the designated improvements.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

The city council, by resolution, within a reasonable time after the close of the public hearing, may establish the area of benefit. The resolution shall set forth the boundaries of the area of benefit, specify the designated improvements to be constructed, the cost, actual or estimated, for each of the designated improvements, and establish the fee schedule by which the cost is to be apportioned among the parcels comprising the area of benefit. The decision of the city council represented by the resolution shall be final. A certified copy of the resolution shall be recorded in the office of the city clerk and recorder for the county.

(b)

The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the designated improvement except where the abutting property is provided direct usable access to the major thoroughfare.

(c)

If the area of benefit includes lands not subject to the payment of fees, the city council shall make provision for payment of the fees that would otherwise be chargeable to the lands from other sources. The designation of the alternate funding need not be addressed in the resolution establishing the area of benefit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.28.070. - Payment of fees.

(a)

Road improvement fees for areas of benefit shall be paid as follows:

(1)

Road improvement fees shall be paid to the director of transportation at the time of issuance of a certificate of occupancy or upon final inspection, whichever occurs first. The fees paid shall be based on the fee schedule in effect on date of payment.

(2)

In the event a land division was previously conditioned to pay road improvement fees prior to recordation of a final or parcel map, the land divider may submit a written request to defer the payment of fees until issuance of a certificate of occupancy or upon final inspection, whichever occurs first. The fees paid shall be based on the fee schedule in effect on the date of payment and shall be paid to the director of transportation.

(3)

The city council may, at the time of approval of a land division, require land divisions within general plan policy areas to pay road improvement fees to the director of transportation prior to recordation of a final or parcel map if the city council finds that:

a.

Early payment of such fees is necessary to defray the actual or estimated costs for the construction of bridges or major thoroughfares; and

b.

The existing bridges or major thoroughfares are currently inadequate or nonexistent and critical to support the land division.

The fees paid shall be based on the fee schedule in effect on the date of payment.

(4)

For any parcel or lot created prior to the adoption of the resolution establishing the area of benefit, road improvement fees shall be paid to the director of transportation at issuance of a certificate of occupancy or upon final inspection, whichever occurs first, for any new construction on a parcel or lot that creates additional dwelling units or increases the value of nonresidential structures by more than one-half of their current market value, as determined by the building official. All fees collected shall be deposited in a separate account designated for each area of benefit. Any fees once collected shall not be returned, except as reimbursement for the construction of designated improvements. The fees shall be based upon the fee schedule in effect on the date of payment.

(b)

Nothing in this section is intended to relieve a subdivider or applicant for a building permit from the requirements imposed under other provisions of this or other city ordinances to dedicate and improve roads as a condition of approval of a tentative map or building permit.

(c)

Notwithstanding the provisions of subsection (a) of this section, payment of fees shall not be required for the following:

(1)

The alteration or enlargement of an existing building or structure, or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, however that the total value as determined by the building official of all such alterations, enlargement or construction which is completed within any one-year period shall not exceed one-half of current market value, as determined by the building official, of all existing buildings or structures on the lot or parcel of land.

(2)

The following accessory buildings and structures: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops or barns, or buildings that are accessory to one-family or two-family dwellings.

(3)

Outdoor advertising structures.

(4)

Wells.

(d)

Notwithstanding the provisions of subsection (a) of this section, payment of fees shall not be required unless the designated major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area of benefit at the time of the adoption of the boundaries for the area of benefit.

(e)

Notwithstanding the provisions of subsection (a) of this section, payment of fees shall not be required unless the designated bridge is an original bridge serving the area of benefit or an addition to any existing bridge facility serving the area of benefit at the time of the adoption of the boundaries of the area of benefit. Fees imposed by this section shall not be expended to reimburse the cost of existing bridge construction, unless these costs are incurred in connection with the construction of an addition to an existing bridge for which fees may be required.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.28.080. - Use of funds.

(a)

Fees shall be deposited in a designated bridge or major thoroughfare fund. A separate fund shall be established for each designated bridge or major thoroughfare project; provided, however, if the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a fund may be established covering all of the bridge or major thoroughfare projects in the area of benefit. Monies in such fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the city for the cost of constructing the improvement.

(b)

The city may advance money from its general fund or road fund to pay the cost of constructing the designated bridge or major thoroughfare and may reimburse the general fund or road fund for such advances from the bridge or major thoroughfare funds established pursuant to this chapter.

(c)

The city may incur an interest bearing indebtedness for the construction of a designated bridge or a major thoroughfare planned pursuant to this chapter; provided that the sole security for repayment of such indebtedness shall be money in the specific fund established for that designated bridge or major thoroughfare.

(d)

At the discretion of the city council, considerations such as dedication of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of the payment of fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.

(e)

When required to implement the construction of a specific facility, a project agreement shall be entered into between a developer and the city whereby the developer may advance money for the construction of a facility, or design or construct a facility within the area of benefit; provided, that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing to the fund that has been established for the specific facility. Reimbursement shall be for the amount

agreed upon in advance only and the right to reimbursement shall expire 15 years after the agreement was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.28.090. - Amendments.

The resolution establishing an area of benefit may be amended from time to time by the city council to reflect modifications in either the facilities to be constructed or the area to be included within the area of benefit due to alterations in land use and to reflect adjustments in the fee schedule necessitated by any amendment or increases in construction costs. The amendments shall be adopted by following the same procedure required to establish an area of benefit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.32. - RESERVED CHAPTER 130.36. - FLOOD CONTROL AND DRAINAGE ARTICLE 1. - DRAINAGE FEES

Sec. 130.36.010. - Authority.

This article is adopted pursuant to Government Code § 66483 et seq., which provides for the payment of fees for the construction of drainage facilities as a condition to the division of land.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.36.020. - Area drainage plan; fee required.

Whenever land that is proposed to be divided lies within the boundaries of an area drainage plan, a drainage fee in the amount required by the plan for the area, as adopted or thereafter amended, shall be required as a condition of approval of the division of land in that drainage area.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.36.030. - Adoption of area drainage plan.

Each area drainage plan shall be adopted by resolution of the city council, pursuant to the provisions of Government Code § 66483 et seq.; shall cover a particular drainage area; shall contain an estimate of the total cost of constructing the drainage facilities required by the plan, and shall include a map of the area that shows the boundaries of the drainage area and the location of the required facilities serving the drainage area. As a part of the adoption of a plan, the city council shall find and determine that the subdivision and development of land within the plan area will require construction of the facilities described in the plan. The city council shall further find and determine that the drainage fees are fairly apportioned within the local drainage area, on the basis of benefits conferred on property proposed for subdivision or on the need for local drainage facilities created by the proposed subdivision and development of other properties within the adopted drainage area, and may provide for varying fees; provided, however, the fee as to any property proposed for subdivision within a drainage area shall not exceed the pro rata share of

the amount of the total actual or estimated costs of all facilities within the area which would be assessable on such property if the costs were apportioned uniformly on a per acre basis.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Drainage fees shall be paid at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the landowner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular area drainage plan at the time of issuance of the grading permits or prior to issuance of the building permits if grading permits are not issued.

(b)

The drainage fee shall be paid to the city at the time of issuance of a grading or building permit. Upon issuance of the grading or building permit, written documentation verifying payment of the drainage fee shall be submitted to the building official of the city. All fees that are collected shall thereafter be deposited into a local drainage facilities fund maintained under the jurisdiction of the city. A separate fund shall be established by the city for each adopted local drainage area. Money in such funds shall be expended for construction or reimbursement for construction including acquisition of rights-of-way necessary for construction of the drainage facilities serving the drainage area for which the fees are collected, or to reimburse the city for the cost of engineering and administrative services to design and construct and acquire any necessary rights-of-way for the facilities.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 2020-01, § 4, 2-26-2020)

Sec. 130.36.050. - Exceptions.

At the discretion of the city council, considerations such as dedications of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of the payment of drainage fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Money may be advanced by the city to design or construct drainage facilities or to acquire necessary rightof-way within an adopted drainage area; therefore, money so advanced may be reimbursed to the city from the fund for the local drainage area in which the facilities are located.

(b)

When required for the implementation of an adopted area plan, an agreement may be entered into between a developer and the city whereby the developer may advance money for the construction of facilities, or

design or construct facilities within a local drainage area; provided that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing to the local drainage facilities fund for the drainage area in which the facilities are located. Reimbursement shall be for the amount agreed upon in advance only and shall not include interest or other charges. The agreement shall expire 15 years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 2020-01, § 4, 2-26-2020)

Sec. 130.36.070. - Amendments.

The drainage plan area, the required facilities and the drainage fee in an adopted plan may be amended by the city council at any time upon a determination that it is necessary to do so in order to correctly reflect the drainage area, the required facilities or estimated cost of the facilities.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Area drainage plans shall be administered, and drainage fees shall be calculated in accordance with the rules and regulations for administration of area drainage plans adopted by resolution of the city council.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 2020-01, § 4, 2-26-2020)

ARTICLE 2. - FLOOD CONTROL AND TRACT DRAINAGE

Sec. 130.36.090. - General provisions.

Facilities for the control of tract drainage and floodwaters in schedules A, B, C, D, E, F and G land divisions are established as follows:

(1)

The minimum design for facilities which control drainage water generated within a land division or floodwater flowing into or crossing a land division shall be based on a storm having a frequency of once in 100 years. Hydrologic and hydraulic calculations for the design of drainage facilities which control drainage water generated within a land division shall be submitted for approval to the director of transportation. Hydrologic and hydraulic calculations for the design of flood control facilities to control floodwater flowing into or crossing a land division shall be submitted for approval to the flood control agency having jurisdiction and to the director of transportation.

(2)

The use of streets for flood control and drainage purposes may be prohibited by the director of transportation if the use thereof is not in the interest of the public health, safety and welfare.

(3)

When the director of transportation permits the use of streets for flood control and drainage purposes, the ten-year frequency design discharge shall be contained between the tops of curbs or asphalt concrete dikes, and the 100-year frequency design discharge shall be contained within the street right-of-way. If either of these conditions is exceeded, additional flood control facilities shall be provided.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

The flood control engineer shall review the hydrologic calculation submitted by the land divider and determine the adequacy of peak discharges of off-site floodwaters impinging upon the land division from which protection must be provided. The land divider may consult with the flood control engineer or representative as to the adequacy of the flood control facilities proposed.

(b)

Improvement plans for flood control facilities to control floodwater flowing into or crossing a land division shall be approved by the appropriate flood control agency and the director of transportation.

(c)

After receipt of an acceptable tentative map, the flood control engineer will recommend conditions to be imposed. He shall also furnish a flood hazard report to the land divider and such governmental agencies as may require the same.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.36.110. - Tract drainage.

(a)

Improvement plans for drainage facilities to control drainage water generated within a land division shall be approved by the flood control and water conservation district and transportation department.

(b)

In land divisions where lot grading is not proposed, the following criteria are established:

(1)

Where land division streets on sustained gradients cross natural drainage courses, adequate culverts shall be provided to accommodate the 100-year storm with maximum ponding to an elevation two feet below the road centerline profile grade, provided diversion of ponded water into another drainage area will not result therefrom.

(2)

Runoff in natural drainage courses exceeding the 100-year storm may be permitted to overtop the roadway in dip sections where, in the opinion of the director of transportation, topography, soil conditions, adjacent development and available all-weather routes indicate its feasibility. If a deep section is permitted, the roadway embankment slopes shall be adequately protected.

(3)

Culverts of adequate size, but not less than 18 inches in diameter or equal, to prevent the 100-year storm from overtopping the roadway shall be provided in dip section or as approved by the director of transportation. Smaller culverts may be approved by the director of transportation.

(4)

Streets crossing improved channels shall be provided with culverts of adequate size to permit passage of the channel design flow or such other type of crossing as approved by the appropriate flood control agency and the director of transportation.

(5)

Asphalt concrete for lining of channels shall not be permitted.

(6)

When a land division substantially changes, concentrates or increases the natural flow of surface water onto adjacent property, facilities shall be required to direct the water to an adequate outlet, or the land divider shall obtain a recordable easement or written agreement for drainage purposes across the affected property.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.40. - DRY SEWERS

If a land division is submitted that proposes high density development and/or development in an area with marginal soils and if connection to a wet sewerage system is not currently available, the installation of a dry sewer system may be required by the health department in addition to subsurface sewage disposal in accordance with the following:

(1)

An agency that provides sewage collection and treatment services has a plan that includes the area being divided and implementation program for the wet sewer system that would serve the area within a reasonable period of time, and the serving agency has agreed to serve the land.

(2)

The land divider has contacted and has secured a letter of approval from the agency that will have the ultimate responsibility for acceptance of the sewage treatment and disposal thereof and the maintenance of

the proposed dry and wet sewer lines. The approval letter shall be submitted to the city.

(3)

When dry sewers are required, the dry sewer design must be shown on the utility plans in accordance with the requirements as set forth in section 130.16.030.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.44. - ELECTRICAL AND COMMUNICATION FACILITIES

Sec. 130.44.010. - Installation requirements.

(a)

Electrical power, telephone or other communication, street lighting and cable television lines shall be placed under ground.

(b)

The owner or land divider is responsible for complying with the requirements of this section and shall make necessary arrangements with the serving agencies for the installation of such facilities.

(c)

For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, concealed ducts, and pedestal mount terminal boxes and meter cabinets may be placed above ground.

(d)

Underground lines shall not be required:

(1)

For any part of a land division as to which an existing overhead line is in a street or easement adjacent to the lots to be served from the line or from one or more additional lines on the same poles;

(2)

In any land division or portion thereof where it is determined that, due to severe soil or topographical problems in the greater portion of the land, underground installation would be reasonably costly and the use of overhead lines would not be detrimental to other property in the vicinity;

(3)

In any case in which it is determined that the use of overhead facilities is compatible with the surrounding development and is not inconsistent with the purposes of this title, underground lines as to all or a portion of a land division may be waived at the time of the approval of the tentative map. Application shall be made

in writing by the land divider at the filing of the tentative map, stating fully the facts and grounds upon which the waiver is sought.

(e)

When arrangements are made with the serving agency, a letter stating that arrangements have been made for underground facilities and such other comments the agency may have regarding easements, utility locations, and other pertinent matters must be submitted by the agency to the director of transportation.

(f)

Distribution lines must be underground when alignments parallel or cross scenic highways, natural scenic and historic sites, recreation areas, wildlife refuges, national and state monuments or other unique natural resources when it is deemed feasible.

(g)

Street lighting shall conform to the provisions and processing procedures as outlined in city ordinance, § 22.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.48. - STREET TREES

Sec. 130.48.010. - General provisions.

(a)

The planting of street trees in connection with the development of new land divisions is desirable and shall be required as a condition of approval in schedule A, B, C, D, E, F and G land divisions unless otherwise exempted. In schedule E parcel maps, the planting of trees shall be deferred to the plot plan stage.

(b)

All land divisions governed by this section shall be required to have planted a minimum of one street tree per parcel frontage prior to final building inspection based on the following standards:

(1)

Trees shall be chosen as set forth in section 120.05.040, the accompanying tree list and the city guide to trees, shrubs and ground covers. Each choice should reflect consideration of the geographic zone involved.

(2)

Trees shall be located such that at 15 years of age that the crown will not encroach across property lines or into street rights-of-way.

(3)

Trees shall be located a minimum of ten feet from driveways.

(4)

Trees shall be spaced at approximately 60-foot intervals or a minimum of one tree per lot frontage.

(5)

For corner lots, street trees shall be required on both street frontages, provided such planting does not interfere with site distances and setbacks.

(6)

Street trees shall not be required along street frontages where noise attenuation walls exist or will be required.

(7)

All street trees shall be staked. Tree stakes shall be 1½ to two inches in diameter, eight feet in length, and driven into the hole before tree is planted on the side from which the prevailing winds come. The tree shall be secured to the stake in two or three places with plastic, cloth or rubber ties.

(8)

Exceptions to street tree planting may be permitted in cul-de-sacs and on those lots where proper spacing is not possible. Requests for exception shall be made to the community development director.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.48.020. - Security and agreements.

(a)

Prior to the issuance of building or grading permits, the land divider shall enter into an agreement with the transportation department for the planting of the trees and for the guarantee and warranty of the work for a period of one year following the acceptance of all improvements as against any defective work or labor done, or defective materials furnished.

(b)

Acceptable forms of security shall be the same as those enumerated in section 130.48.010(a). The agreement and the security shall be executed only upon forms and terms approved by the city council, and shall be checked by the director of transportation. The amount of the security shall be $100.00 for each tree required.

(c)

The security shall be released at the time when the one-year warranty period has ended.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.48.030. - Exemptions.

(a)

Any person who is required to plant street trees may request exemption from the requirement. The request for the exemption shall be made to the director of transportation on the forms provided by the transportation department with other such agency clearances as may be required.

(b)

Any person may be exempted from the requirement to plant street trees if any of the following conditions are found to exist:

(1)

Tree planting is impractical due to unsatisfactory soil, rock, grade or other topographical conditions that cannot readily be corrected;

(2)

A satisfactory water supply is not available;

(3)

Tree planting will create conditions hazardous to traffic;

(4)

The street is likely to be widened within a reasonable period of time and trees cannot now be set in their proper relationship to the ultimate right-of-way;

(5)

Trees are already planted in the substantially correct location.

(c)

Any request for exemption shall be reviewed by the director of transportation and be transmitted for review to the planning department. The decision on any request for an exemption under this section shall be made prior to the issuance of any building or grading permits.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The transportation department shall be responsible for the enforcement of the street tree planting requirements under this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.52. - SOIL EROSION

Sec. 130.52.010. - Applicability.

Whenever a division of land is proposed in an area that is subject to wind erosion, the requirements of this chapter shall apply in addition to all other requirements of this title.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

An area shall be considered as subject to wind erosion when all of the following factors are present:

(1)

The proposed land division lies within the Colorado River watershed basin;

(2)

The soils within the land division are classified as any of the following:

a.

Aco loamy sand;

b.

Aco sandy loam;

c.

Bull Trail stony loamy sand;

d.

Cajon loamy sand;

e.

Cajon variant;

f.

Carrizo gravelly sand;

g.

Carrizo stony sand;

h.

Carsitas cobbly sand;

i.

Carsitas fine sand;

j.

Carsitas gravelly sand;

k.

Carsitas sand;

l.

Carsitas variant;

m.

Chuckawalla cobbly fine sandy loam;

n.

Chuckawalla very gravelly silt loam;

o.

Chuckawalla very gravelly sandy clay loam;

p.

Coachella fine sand;

q.

Coachella fine sand, wet;

r.

Coachella fine sandy loam;

s.

Cibola fine sandy loam;

t.

Cibola silty clay loam;

u.

Duneland;

v.

Gilman fine sandy loam;

w.

Gilman fine sandy loam, moderately fine substratum;

x.

Gilman fine sandy loam, wet;

y.

Gilman loamy fine sand;

z.

Gilman silty loam;

aa.

Gilman silty clay loam; bb.

Glenbar silty clay loam; cc.

Holtville fine sandy loam; dd.

Holtville silty clay;

ee.

Imperial fine sandy loam;

ff.

Imperial silty clay;

gg.

Imperial silty clay, wet;

hh.

Imperial—Gullied land complex;

ii.

Imperial—Gullied land complex, wet;

jj.

Indio fine sandy loam;

kk.

Indio fine sandy loam, wet;

ll.

Indio very fine sandy loam;

mm.

Indio very fine sandy loam, wet;

nn.

Indio silty clay loam;

oo.

Meloland fine sandy loam; pp.

Meloland silty clay loam; qq.

Myoma fine sand;

rr.

Myoma fine sand, wet;

ss.

Niland sand;

tt.

Niland sand, wet;

uu.

Omstott coarse sandy loam;

vv.

Omstott rock outcrop complex;

ww.

Orita fine sand;

xx.

Orita gravelly loamy sand;

yy.

Orita fine sandy loam;

zz.

Ripley very fine sandy loam; aaa.

Ripley silty clay loam; bbb.

Rockland; ccc. Rositas fine sand; ddd. Rositas fine sand, wet; eee.

Rositas gravelly loamy sand; f .

Rositas silty clay loam; ggg.

Rositas silty clay loam, wet; hhh.

Rubbleland; iii.

Rock outcrop;

jjj.

Salton fine sandy loam;

kkk.

Salton silty clay loam;

lll.

Soboba stony sand;

mmm.

Soboba cobbly sand;

nnn.

Tujunga fine sand;

ooo.

Tujunga gravelly loam sand; and

ppp.

Tujunga loamy fine sand.

(3)

Field observation of the area proposed to be divided indicates evidence of soil erosion by wind.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.52.030. - Soil erosion control requirements.

When a proposed land division has been determined to be subject to this chapter, the following requirements may be imposed as conditions of approval of the land division as a means to control soil erosion:

(1)

A solid masonry wall, up to six feet in height;

(2)

A windbreak consisting of suitable trees or shrubs;

(3)

A suitable ground cover which may consist of plantings, spraying, rock or other approved stabilizing materials;

(4)

An irrigation system to maintain any required plantings;

(5)

The formation of a homeowners' association, improvement district or management company to maintain the erosion control.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

When a proposed land division is determined to be subject to this chapter, the land divider shall submit a proposed wind erosion control plan at the time of the actual filing of the tentative map, and an approved control plan shall be one of the conditions of approval of the tentative map. The plans shall be reviewed as a part of the processing of the tentative map.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.56. - SURFACE MINING OPERATIONS

Sec. 130.56.010. - Applicability.

Whenever a division of land is proposed in an area that lies partly or wholly within 600 feet of a surface mining operation permitted pursuant to this Code, the requirements of this chapter shall apply in addition to all other requirements of this title.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

It is the intent of the city to conserve, protect and encourage the development, improvement, and continued viability of its mining land and industries for the long-term production of construction materials and other rock products, and for the economic well-being of the city's residents. It is also the intent of the city to balance the rights of mining corporations to produce construction materials and other rock products with the rights of nonmining persons/corporations who own, occupy or use land in close proximity to mining operations.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.56.030. - Notice to buyers of land.

An environmental constraints sheet shall be created for each land division subject to this article and the following notice placed thereon:

"Lot No.(s). _____, as shown on this map is (are) located partly or wholly with 600 feet of a surface mining operation permitted pursuant to the Municipal Code. This (these) lot(s) may be subject to vibration, noise, fumes, dust, odors and other disturbances from surface mining activities which include, but are not limited to, blasting, extraction, crushing, processing, grading, stockpiling and storage or transportation of mineral resources."

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.60. - SECURITY FOR IMPROVEMENTS AND TAXES

(a)

If the improvements are not completed prior to approval of the final map or parcel map, the land divider shall enter into an agreement with the city to complete the improvements and in connection therewith shall furnish to the city improvement security in the amounts required by subsection (d) of this section. Acceptable forms of security shall be limited to the following:

(1)

A bond by one or more duly authorized corporate sureties;

(2)

A deposit with the city of cash;

(3)

An irrevocable instrument of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to carry out the agreements are on deposit until released by the city;

(4)

An irrevocable letter of credit issued by a financial institution subject to regulation by the state or federal government guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid upon the written demand of the director of transportation, and that such written demand need not present documentation of any type as a condition of payment, including proof of loss.

(b)

The agreement and the improvement security for schedule A, B, C, D and E maps shall be executed for the city by the chairperson of the city council only upon forms and terms approved by the city council, which shall be checked by the director of transportation. The director of transportation shall be authorized to execute on behalf of the city agreements and improvement security in accordance with the provisions of this chapter for schedule F, G, H and I maps. The agreement and improvement security for schedule F, G, H and I maps shall be executed for the city by the director of transportation only upon forms and terms approved by the city council. If bonds are to be used, they shall be substantially in the form provided for in the Subdivision Map Act.

(c)

The original period of the agreement and security shall be 24 months. Extensions of time may be granted at any time by the director of transportation only upon forms and terms approved by the city council, either at its own option, with or without notice to the land divider and surety, or at the written request of the land divider, with or without notice to the surety. Each extension shall be for a period not to exceed one year. In addition to the conditions of extension set forth in this subsection, and as a further condition to granting an

extension of time, the director of transportation may require additional agreements or security to be furnished as are necessary to guarantee the completion of the improvements.

(d)

Security to guarantee the performance of any act or agreement shall be in the following amounts:

(1)

100 percent of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement;

(2)

50 percent of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, his subcontractors, and the persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act;

(3)

Ten percent of the total estimated cost of the improvement or the performance of the required act for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the city in successfully enforcing the obligation, all to be taxed as costs and included in any judgment.

(e)

The security may be released, in whole or in part, in the following manner:

(1)

Security given for faithful performance or any act or agreement shall be released upon the performance of the act and final completion and acceptance of the required work. Once one-third of the bonded work has been completed, a request for a partial release of securities may be submitted. The request shall be made in writing to the transportation director, and a fully detailed description of the bonded work completed shall be provided with the request. A maximum of three partial releases of the security may be granted by written order of the director of transportation upon a determination by the director of transportation of the acceptable work that has been completed and the amount of security that is necessary to guarantee the completion of the remaining improvements. Requests for partial releases, setting forth in detail the amount of work completed, shall be made in writing to the director of transportation.

(2)

Security securing the payment to the contractor, the subcontractors, and the persons furnishing labor, materials or equipment may, after of the time within which claims of lien are required to be recorded pursuant to article 3 of chapter 2 of title 15 of part 4 of division 3 of the Civil Code § 3114 et seq., and after acceptance of the work, be reduced to an amount not less than the total claimed by all claimants for whom

claims of lien have been recorded and notice thereof given in writing to the city council, and if no such claims of lien have been recorded, the security may be released in full. Requests for release shall be made to the director of transportation who may, prior to the release of any security under this subdivision, require the land divider to provide a title report or other form of evidence sufficient to show what claims of lien, if any, are of record on the land division.

(3)

The release of such security shall not apply to any required guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorney fees.

(f)

In any case where the performance of the obligation for which the security is required is subject to the approval of another agency, the security shall not be released until the obligation is performed to the satisfaction of such other agency. The city shall notify the servicing agency in writing and such agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.

(g)

The liability upon the security given for the faithful performance of any act or agreement shall be limited to:

(1)

The performance of the work, covered by the agreement between the subdivider and the city for the performance of the required act;

(2)

The performance of any changes or alterations in such work, provided that all such changes or alterations do not exceed ten percent of the original estimated cost of the improvement;

(3)

The guarantee and warranty of the work for a period of one year following completion and acceptance thereof against any defective work or labor done or defective materials furnished in the performance of the agreement or the performance of the act;

(4)

Costs and reasonable expenses and fees, including reasonable attorneys' fees.

(h)

If the estimated cost of completing the street/ drainage improvements, water system improvements, sewer system improvements or the setting of the monuments is less than $5,000.00, a cash bond shall be required for that specific improvement.

(i)

The director of transportation is authorized to release or reduce the security in accordance with the provisions of this section.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.60.020. - Security for taxes and assessments.

(a)

Certificates for taxes and special assessments, as prepared by the tax collector, and security for unpaid taxes and special assessments, shall be furnished as required by the Subdivision Map Act. This section applies to land divisions located within the boundaries of cities as well as land divisions in the city.

(b)

When a land division is located within the boundaries of a city:

(1)

If the certificate shows that there are no liens against the land division or any part thereof for unpaid taxes or special assessments collected as taxes, the city clerk shall certify that such certificates have been filed and shall transmit the final map or parcel map to the county recorder without placing the matter on the agenda of the city council.

(2)

If the certificate shows that there are no liens against the land division or any part thereof for unpaid taxes or special assessments collected as taxes, except for taxes or special assessments that are not yet payable, the land divider shall file with the city clerk acceptable security in the amount determined by the tax collector as necessary to pay the taxes and special assessments which are a lien but not yet payable. Upon approval of the security by city counsel, the city clerk shall certify that such certificates and security have been filed and shall transmit the final map or parcel map to the county recorder without placing the matter on the agenda of the city council.

(3)

When a land division is located within the city, the land divider shall furnish the required certificate as to tax and assessment liens to the director of transportation who shall handle the matter as a part of the processing of the final map or parcel map.

(c)

Acceptable forms of security for taxes shall be as provided in section 130.60.010(a). For security for improvement; provided, however, that a cash bond shall be required to guarantee the payment of taxes in amounts less than $2,500.00. The forms of security offered shall not have an expiration date prior to that of the expiration of the map.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.60.030. - Lien agreement as security.

(a)

The land divider may, in lieu of posting a security described in section 130.60.010, enter into an agreement with the city to construct the required improvements in the future, securing such performance by granting the city a lien on the real property to be divided. Such agreements shall be known as "lien agreements." The use of lien agreements shall only be allowed if all requirements of this section are satisfied.

(b)

Government Code § 66499(a)(4) authorizes the city to enter into lien agreements if it is found by the city that it would not be in the public interest to require the installation of the required improvements sooner than two years after the recordation of the map.

(c)

Where the city finds that it would not be in the public interest to require the installation of the required improvements sooner than two years after recordation of the map, the land divider may execute a lien agreement with the city at the time the land divider enters into an agreement with the city to construct required improvements pursuant to chapter 130.24.

(d)

A lien agreement may be used to substitute an existing security which was furnished under section 130.60.010; provided, however, that use of a lien agreement as substitution for an existing security shall be at the city's sole discretion. The city will not accept a lien agreement from any land divider, either at the time of execution of the agreement to construct improvements, or as a substitute for existing security, if any individual lots have been sold, if any construction permits, including but not limited to any grading or building permits, have been issued on any of the property, or if construction of any of the required improvements has begun. Notwithstanding this subsection, the city may accept a lien agreement from any land divider as a substitute for existing security if grading has commenced on the land to be divided so long as the grading is in strict accordance with a valid grading permit and all the following are met:

(1)

There is no need for the city to construct the required improvements if the land divider's project is abandoned or delayed for any period of time or for any other reason;

(2)

The grading has no effect on the use, operation and maintenance of existing streets or highways, public or private;

(3)

The grading has not caused the modification or closure of any public access points, existing streets or highways, public or private;

(4)

Additional drainage improvement and/or erosion controls are not necessary and/or installed in the road right-of-way due to the grading;

(5)

Delay of the construction of the land divider's required improvements do not affect or delay the improvements of an adjacent land divider who has already commenced work on his required improvements.

(e)

Lien agreements shall:

(1)

Be allowed only for schedule A, B and E maps.

(2)

Be allowed only where the land divider provides a title insurance policy and current title report from a title company approved by the city that documents that the land divider is the record owner of the real property to be divided and the real property to be divided is not subject to any mortgages, deeds of trust, or judgment liens. The title insurance policy and title report shall be issued within the 60 days prior to the execution of the lien agreement.

(3)

Be in a form acceptable to and approved by city counsel.

(4)

Be used to secure future improvements that would be required for schedule A, B and E maps.

(5)

Be used only when a land divider would be required by chapter 130.24 to construct or agree to construct the required improvements.

(6)

Contain an itemization of the required improvements and an estimate of costs approved by the director of transportation and shall specify that the land divider's or subsequent owner's obligation extends to the actual cost of construction of the required improvements if such costs exceed the estimate.

(7)

Be recorded with the county recorder. The recorded lien agreement shall be indexed in the grantor index to the names of all record owners of the real property as specified on the map and in the grantee index to the county.

(8)

Be approved concurrently with the approval of the final map with a note of the lien agreement's existence placed on the map, except where the lien agreement is being substituted after final map approval for other security previously deposited pursuant to section 130.60.010, in which case the lien agreement shall be signed and acknowledged by all parties having any record title interest in the property, as prescribed by Government Code § 66436, consenting to the subordination of their interests to the lien agreement.

(f)

From the time of recordation of the lien agreement, a lien shall attach to the property and shall have the priority of a judgment lien in an amount necessary to complete the required improvements. Under no circumstances shall the city agree to subordinate the lien.

(g)

The lien agreement shall provide that the land divider shall substitute acceptable security for the lien agreement and commence to construct the improvements required pursuant to chapter 130.24 within three years following recordation of the map, or in the case of a lien agreement which has been substituted for existing security pursuant to section 130.60.010 within three years following recordation of the lien agreement.

(h)

The time for substitution of acceptable security and commencement of construction of the required improvements in subsection (g) of this section, may be extended up to three times, by the director of transportation only upon forms and terms approved by the city council. Each extension shall be for a period not to exceed one year. However, the city council may grant additional time extensions, as it deems appropriate, for substitution of acceptable security and commencement of construction of the required improvements pursuant to agreements secured either by lien agreements:

(1)

Executed at the time of recordation of the map; or

(2)

Substituted for an existing security furnished under section 130.60.010.

For each extension of time under this subsection, the land divider shall provide a title insurance policy and current title report from a title company approved by the city that documents that the land divider is the record owner of the real property to be divided and the real property to be divided is not subject to any mortgages, deeds of trust or judgment liens. The title insurance policy and title report shall be issued within the 60 days prior to request for an extension of time.

(i)

No individual lots may be sold while the lien agreement is in place. However, fee title to the entire property encumbered by the lien agreement or to all lots designated on any individual final map which is

encumbered by the lien agreement, may be sold in the aggregate to a single purchaser, provide that the proposed purchaser must, prior to assuming title to the property, either:

(1)

Execute a new lien agreement in a form acceptable to the city which will encumber the property to be conveyed, specifying the respective obligations of the owners of property subject to the original and new lien agreement; or

(2)

Provide acceptable alternative security for the required improvements to be constructed as a condition to development of the property conveyed, pursuant to section 130.60.010. Any new lien agreement must require that acceptable security be substituted therefor, and the improvements secured thereby commenced by the same date provided in the lien agreement with the original owner, unless such date shall be extended by the city council as provided in subsection (h) of this section.

(j)

At the time the city council approves a lien agreement, the land divider shall provide a cash deposit in the amount of $12,000.00 to the city for the purpose of reverting the property to acreage if the land divider breaches the terms of the lien agreement. In addition, at such time as title to any property subject to a lien agreement shall be conveyed, the transferee thereof, if such transferee executes a new lien agreement to secure construction of the improvements imposed upon such property, as described in subsection (i) of this section, shall provide a substitute cash deposit in the amount of $12,000.00 to the city for the purpose of reverting the property to acreage if the land divider breaches the terms of the lien agreement. Any unused portion of any such deposit shall be refunded to the land divider following completion of such reversion. If the costs of reverting the property to acreage exceed $12,000.00, the land divider shall pay such additional costs to the city prior to recordation of the reversion to acreage map.

(k)

The lien agreement shall only be released upon substitution of acceptable security for the lien agreement under section 130.60.010 in order begin construction of the required improvements, or upon recordation of a reversion to acreage map.

(l)

In no instances shall the lien agreement compel the city to construct the required improvements.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.64. - REVERSION TO ACREAGE

Divided real property may be reverted to acreage pursuant to the provisions of this title and the Subdivision Map Act. Reversion to acreage proceedings may be initiated by the city council on its own motion, or by petition of all owners of record of real property that is proposed to be reverted to acreage.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.64.020. - Procedures for filing.

To revert divided lands to acreage, a tentative map shall be filed as follows:

(1)

A tract or parcel map number shall be obtained from the county surveyor upon payment of the fee;

(2)

25 copies of the tentative map shall be filed with the community development director, accompanied by the fee. The fee shall be paid by the owners filing the tentative map, or, if the reversion to acreage is initiated by the city council upon request of the owners of the property, the fee shall be paid by the persons making the request to the city council;

(3)

The tentative map prepared in the form required by chapter 130.12 shall show all relevant details of the land division proposed to be reverted, its relationship to existing streets, dedications, and adjoining lands, and configurations of the proposed reversion;

(4)

Proof of ownership of the real property proposed to be reverted to acreage shall be submitted with the tentative map.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.64.030. - Review of tentative map.

The tentative map shall be distributed by the community development director to all interested and affected agencies and utilities. Thereafter, the tentative map shall be considered by the appropriate land development committee, which committee shall report and recommend to the advisory agency having jurisdiction over the area.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.64.040. - Consideration by advisory agency.

The advisory agency shall consider the report and recommendation of the land development committee on the tentative map, and shall forward a report and recommendation to the city council for approval, conditional approval or disapproval of the proposed reversion to acreage. A copy of the advisory agency report and recommendations shall be mailed to the applicant or the authorized agent.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.64.050. - Consideration by city council.

(a)

After receipt of the report and recommendations of the advisory agency, the city council shall set the matter for public hearing. Notice of the time and place of the public hearing before the city council, including a general description of the location of the property proposed to be reverted to acreage, shall be given at least ten days before the public hearing by publication once in a newspaper of general circulation that is published and circulated in the city.

(b)

Divided real property may be reverted to acreage only if the city council finds that:

(1)

Dedications or offers of dedication which have not been accepted by the city and which are to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

(2)

Any of this following:

a.

All owners of an interest in the real property within the land division have consented to the reversion;

b.

None of the improvements required to be made have been made within two years from the date the final land division map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or

c.

No lots shown on the final land division map have been sold within five years from the date such map was filed for record.

(c)

The following shall be required as conditions to approval of a reversion:

(1)

Dedications necessary for a logical street pattern for access to any lands not proposed for reversion or as may be necessary for drainage or utilities;

(2)

Retention of all previously paid fees;

(3)

Retention of any necessary improvement security or deposit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.64.060. - Final map procedures.

After the approval of the tentative map, the applicant may cause a final map or parcel map to be prepared in accordance with the applicable provisions of chapter 130.16, and shall pay the fees.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.64.070. - Merging of contiguous parcels.

(a)

Notwithstanding the preceding sections, four or fewer contiguous parcels under common ownership may be merged without reverting to acreage, provided that the merger is approved by the community development director and an instrument evidencing such merger is recorded with the county recorder.

(b)

Applications to merge contiguous parcels shall be made to the community development director on forms provided by the planning department, and shall be accompanied by the fee, and the following:

(1)

An exhibit, drawn to scale, delineating the existing parcel boundaries and the location of existing structures and easements;

(2)

Copies of grant deeds for the existing parcels;

(3)

An exhibit, drawn to scale, delineating the boundaries of the parcel after the merger;

(4)

A legal description of the new parcel as merged;

(5)

Preliminary title report;

(6)

Written consent of all owners of record interest.

(c)

The community development director shall transmit a completed application to the county surveyor for review and recommendation and shall grant approval of the request for merger if:

(1)

The parcels to be merged are, at the time of merger, under common ownership and written consent has been obtained from all record owners;

(2)

The parcel as merged will be consistent with the zoning of the property;

(3)

The parcel as merged will not conflict with the location of any existing structures on the property;

(4)

The parcel as merged will not be deprived access as a result of the merger;

(5)

Access to the adjoining parcels will not be restricted by the merger;

(6)

No new lot lines are created through the merger;

(7)

The existing right-of-way shall not be altered. Any alteration shall be accomplished through a separate vacation process.

(d)

The community development director shall submit to the county recorder for recordation the new legal description and exhibit within 20 days after it has been approved by the community development director.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

CHAPTER 130.68. - LOT LINE ADJUSTMENTS

Sec. 130.68.010. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Lot line adjustment means a modification of a boundary line between two or more adjacent legal parcels where the modification complies with the following criteria:

(1)

No new parcels are created, and no existing parcels are deleted;

(2)

No parcel is reduced below the minimum lot area required by the zoning designation set forth in title 120 and the comprehensive general plan of the city;

(3)

The proposed adjustment is exempt from the Subdivision Map Act, and no tentative map, final map or parcel map, shall be required as a condition to the approval of a lot line adjustment;

(4)

Public rights-of-way are not altered in any way unless approved by the director of transportation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.68.020. - Filing requirements.

Applications for lot line adjustment as defined in section 130.04.060(b) shall be made to the community development director on forms provided by the planning department. The applications shall be accompanied by the fee.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.68.030. - Procedure.

(a)

Upon receipt of a completed application, the planning department shall transmit the material to the following agencies: transportation department, county surveyor, health, fire, building and safety, and assessor departments and flood control district. The applicant and his representative shall be notified of any concerns set forth by the reviewing agencies which may delay approval of the applications.

(b)

The community development director shall limit his review and approval to a determination of whether or not the parcels resulting from the adjustment will conform to state law and city ordinances, and shall not impose conditions or exactions on the approval except to conform to city ordinances, or to facilitate the relocation of existing utilities, infrastructure, easements or improvements.

(c)

When special circumstances applicable to a parcel of property, including but not limited to topographic constraints, parcel orientation, access restrictions, methods of circulation, existing improvements and/or urbanization of the property under a requested permit, the community development director may, upon sufficient documentation and justification, approve a lot line adjustment as long as the proposed adjustment is not in conflict with state law, city ordinances and requirements set by other city departments or agencies.

(d)

Within 30 days of the lot line adjustment application being accepted as complete, the community development director shall conditionally approve, disapprove or notify the applicant and his representative that the request does not meet the requirements of a lot line adjustment. Applications for lot line adjustment shall not be considered final until the exhibits and new legal descriptions, or amended deed, reflecting the adjustment have been recorded.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.68.040. - Recordation.

Upon approval of the lot line adjustment, the community development director, within six months or as agreed to by the community development director and applicant not to exceed one year, shall receive proof of the recordation of the deed or record of survey and the notice of lot line adjustment with the county recorder. The notice shall contain the following:

"This document is being recorded pursuant to Lot Line Adjustment No. _____, approved by the planning department on ________."

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.68.050. - Record of survey.

A record of survey shall be required pursuant to Business and Professions Code § 8762 if monuments are set at the new lot lines, unless the boundary is monumented as part of a land division with a recorded map.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.72. - ENFORCEMENT AND PENALTIES

Sec. 130.72.010. - Denial of permits.

No building permit, grading permit or any other permit or approval necessary to develop real property shall be granted or issued for any parcel of real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this title that were applicable at the time such division occurred, unless the community development director, as hereinafter provided, finds that development of such real property is not contrary to the public health, welfare or safety. A permit or approval shall be denied whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of acquisition of the real property. Whenever a permit or approval is sought to develop such real property, the department from which the permit is sought shall notify the applicant that the permit cannot be granted because of the illegal division of land, and shall advise the person that he may file an application with the community development director for a determination as to whether the development of the property would not be contrary to public health or safety and for the possible issuance of a certificate of compliance.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.72.020. - Certificate of compliance.

(a)

Classifications.

(1)

Certificates of compliance. A certificate of compliance is issued when the real property is in compliance with the Subdivision Map Act and this title.

(2)

Conditional certificate of compliance. A conditional certificate of compliance is issued when the community development director determines that the property was divided in violation of the Subdivision Map Act or this chapter.

(3)

Certificate of compliance and waiver of parcel map. A certificate of compliance is required on all tentative parcel maps which have the parcel map waived. Since there is no parcel map to record, a certificate is necessary to record a legal description of the property which has been divided.

(b)

Application procedure. The following procedures shall apply to applications for approval of a certificate of compliance:

(1)

Application. Any owner of real property, including owners denied a permit, may file an application for a certificate of compliance. A separate application shall be made to the community development director, accompanied by the fees for each parcel to be certified. No certificate of compliance application proposing the certification of multiple lots will be accepted unless submitted in conjunction with a waived final parcel map. Each completed application shall be accompanied by the following:

a.

A map shall be submitted, drawn on a form provided by the planning department. The map shall be legibly drawn, in ink, to an engineer's scale, with the scale shown on the map. It shall show the subject property with dimensions and the gross and net area, and it shall show the locations, width and names of all streets and roads adjacent to and providing access to the property.

b.

The map shall show the location and use of all structures on the property, with the distances from the structures to the parcel boundaries and distances between structures, and all existing utilities and easements.

c.

A small scale vicinity map shall be shown with distances (in feet or tenths of a mile) to the nearest street intersection.

d.

The map shall show the name, address, telephone number of the current owner of the property, and the name, address and telephone number of the person preparing the map, if different from the owner.

e.

The map shall show the current zoning on the property and the current assessor's parcel number.

f.

The application shall also include:

1.

A legible copy of the current owner's grant deed or contract of sale;

2.

A map and copies of deeds of all other property owned by the applicant that is contiguous to the subject real property;

3.

Documentation of recorded access to the subject property unless abutting a public street;

4.

A legal description for the subject property to be typed on plain white paper, 8½ inches by 11 inches in size, with one-inch margins at the top, sides and bottom. This legal description shall be reproducible so as to yield a legible copy that can be used as a part of a recorded certificate of compliance;

5.

A lot book report that shows transaction of the subject property for the previous four years.

(2)

Processing and issuance.

a.

Certificate of compliance.

1.

Upon receipt of a completed application, the community development director shall review the matter and within 50 days after receipt of the completed application make a final determination as to whether or not

the real property complies with the applicable provisions of the Subdivision Map Act and this title, or whether the proposed development of the real property can be approved as not contrary to the public health, welfare and safety.

2.

If the community development director determines that the real property was divided in compliance with the provisions of the Subdivision Map Act and this title that were applicable at the time the property was divided, he shall cause a certificate of compliance to be filed for record with the county recorder.

b.

Conditional certificate of compliance.

1.

If upon receipt of a completed application the community development director determines that the property was divided in violation of the Subdivision Map Act or this title, but that a proposed development may be approved as being not contrary to the public health, welfare or safety, a certificate of compliance may be issued by the community development director contingent upon the completion of specified conditions.

2.

The community development director shall submit the applications to the land development committee at one of its regular meetings for its report, recommendations and to establish appropriate conditions.

3.

The community development director may impose such conditions as would have been applicable to the division of the property at the time that the current owner of record acquired the property, except that where the applicant was the owner of record at the time of the initial violation who by a grant of the real property created parcels in violation, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation, then the community development director may impose such conditions as would be applicable to a current division of the property or the requirement of filing on a tentative parcel or tract map.

(i)

When the community development director imposes conditions, he shall file for record with the county recorder a conditional certificate of compliance.

(ii)

The conditions may be fulfilled and implemented by the owner who has applied for the certificate of compliance or any subsequent owner.

(iii)

Compliance with such conditions shall not be required until such time as a permit or other grant of approval for the development or use of the property is issued by the city or any other subsequent jurisdiction, unless the property is thereafter included as a part of a legal division of said real property pursuant to the provisions of this title.

(iv)

Upon completion of the conditions, the owner shall notify the community development director. If the conditions are satisfactorily completed, the community development director shall then issue and record a final certificate of compliance.

4.

Certificate of compliance and waiver of parcel map.

(i)

A certificate of compliance is required on all tentative parcel maps which have the parcel map waived.

(ii)

The community development director shall distribute the final copy of the certificate of compliance and waiver of parcel map to the department of building and safety and county recorder's office upon payment of the fee.

(iii)

Appeal to planning commission. The decision of the community development director regarding a certificate of compliance may be appealed to the planning commission within ten calendar days after the date of the decision by the community development director. Upon receipt of a completed appeal, the community development director shall set the matter for hearing before the planning commission, not less than ten days nor more than 60 days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The planning commission shall render its decision within 30 days following the close of the hearing on the appeal and a copy thereof shall be mailed to the appellant.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.72.030. - Notice of violation.

Whenever the community development director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of this title, he shall cause to be filed for record with the county recorder notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a notice of violation, the community development director shall mail a copy of such notice by certified mail to the owner of such property. The notice shall specify a time, date, and the place at which the owner may present evidence to the advisory agency why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the community development director shall file a release of the notice of intention to record a notice of violation with the county recorder. If, after the owner has

presented evidence, the advisory agency determines that the property has, in fact, been illegally divided, or within 60 days of receipt by the owner of the involved real property of a copy of the notice of intention to record a notice of violation, the owner of the real property fails to inform the advisory agency as to why the involved real property has not been illegally divided, the advisory agency shall record the notice of violation with the county recorder. The notice of intention, to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The county recorder shall index the names of the fee owners in the general index.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

(a)

No person shall sell, lease or finance any parcel of real property or commence construction of any building for sale, lease or financing thereof, or allow occupancy thereof, for which a final map or parcel map is required by this title, until such map thereof, in full compliance with the provisions of this title, has been filed for record by the county recorder.

(b)

No person shall sell, lease or finance any parcel of real property or commence construction of any building for sale, lease or financing thereon, or allow occupancy thereof, for which a parcel map is required by this title, except model homes, until such map thereof in full compliance with the provisions of this title has been filed for record by the recorder.

(c)

Conveyances of any part of a division of real property for which a final map or parcel map is required by this title, shall not be made by parcel or block number, initial or other designation until such map has been filed for record by the recorder.

(d)

This section does not apply to any parcel of a division offered for sale, lease or finance, contracted for sale, lease or finance, or sold, leased or financed in compliance with or exempt from this title at the time the land division was established.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The procedures, remedies and penalties for violation of this title and for recovery of costs related to enforcement are provided for in chapters 8.17 and 8.18.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 2020-01, § 1, 2-26-2020)

Sec. 130.72.060. - City to be held harmless.

Any person who obtains or files an application to obtain an approval of any kind under the provisions of this title shall hold the city, its officers and agents, harmless from any liability or claim of liability, including costs, attorney fees and any claims of the applicant, arising out of the issuance of an approval, or the denial thereof, or arising out of any condition thereof held void or invalid by a court of law.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)