Chapter 6.08 — SUBDIVISIONS

Chapter 6.08 - SUBDIVISIONS

Sections:

I. - CONFORMITY TO GENERAL PLAN AND WAIVER

(a)

A report on conformity to the general plan, which is required pursuant to section 65402 of the Government Code as the result of a proposed division of land may be included as part of and at the same time as the action taken by the advisory agency on such division of land.

(b)

Such report is not required for a proposed subdivision which involves:

(1)

The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

(2)

Acquisitions dispositions, or abandonments for street widening; or

(3)

Alignment projects provided that the advisory agency expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening or alignment projects, is of a trivial nature.

(Ord. 467 § 1 (part), 1975)

II. - CITATION AND AUTHORITY

This chapter is adopted to supplement and implement the Subdivision Map Act and may be cited as the "subdivision ordinance of Fillmore." (Ord 467 § 1 (part), 1975)

III. - DEFINITIONS

Unless the context otherwise requires, the following terms used in this chapter have the meaning and construction given in this section:

(a)

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others.

(b)

"Subdivision" means the division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

(c)

Whenever any term used in this chapter is not defined herein but is defined in the Subdivision Map Act as last amended, such definition is incorporated herein as if set forth in this chapter and, if not defined in this chapter or in that Act, then the definition set out in Chapter 6.04 of this code shall apply

(Ord. 467 § 1 (part), 1975)

Editor's note— Ord. No. 16-858, § 1, adopted May 10, 2016, repealed former § 6.08.040 in its entirety which defined the advisory agencies for tentative and parcel maps and derived from Ord. No. 467 § 1 (part), adopted in 1975.

IV. - PARCEL MAP PROCEDURES

When a parcel map is required by this chapter, a tentative parcel map shall first be filed with the city clerk. Said map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and this chapter.

(Ord. 467 § 1 (part), 1975)

A tentative map required by this chapter shall show the following.

(a)

Designation by name or number of the tract, or tracts in which the parcel or any part of it lies;

(b)

Date, north point and scale;

(c)

Sufficient legal description of land to define boundaries of each new parcel;

(d)

Key map showing the position of the divided land in the city;

(e)

Names and address of the record owners and of the licensed person preparing the map and his registration number;

(f)

Existing topography of the land to be divided with contour intervals of not more than five feet, and not more than two feet where the grade is less than five percent. Contours of adjacent land shall be shown within one hundred fifty feet of the subject land beyond if they affect the divided land;

(g)

Outline to scale and identification of each structure on the divided land and on adjacent land, if such affects the design of the divided land;

(h)

Location of all areas subject to flood or storm water overflow and the location, width and direction of flow of each watercourse;

(i)

Location of all trees and wooded and brush-covered areas within the divided land and a general description of them, all as required by the director;

(j)

Widths, purpose and approximate location of all existing and proposed public and private easements and rights-of-way within and adjacent to the divided land;

(k)

The approximate radius and arc length of each centerline curve;

(l)

The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut-and-fill slopes to scale, and the number of each lot; the proposed areas for public use; and the angle of intersecting streets or highways if such angle deviates from a right angle by more than four degrees;

(m)

The location of all cut-and-fill slopes or a separate grading plan;

(n)

Each street shown by its actual street name or by a temporary name or letter for purpose of identification until the proper name of such street is determined;

(o)

The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;

(p)

A soils report prepared by a registered civil engineer experienced in soil mechanics, based upon adequate test borings or excavations, unless the building department determines that, due to the knowledge such department has as to the soil qualities of such subdivision or lot no preliminary analysis is necessary. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected would lead to structural defects, the person filing the tentative map shall submit a soils analysis of each lot in the subdivision prepared by a registered civil engineer experienced in soil mechanics, which shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The building department shall approve the soils investigation if it determines than the recommended action is likely to prevent structural damage to each dwelling to be constructed and shall require that the approved recommended action be incorporated in the construction of each dwelling as a condition to the building permit. Appeal from such determination shall be to the city council;

If the building superintendent finds that a written geological report is necessary to determine whether the property to be divided is subject to an existing or potential geological hazard, the person filing the tentative map shall submit such a report to the city engineer.

(q)

At his option, the planning director may require all proposed dedications or offers of dedication to be made by deed. The planning director may, with respect to and particular proposed division, vary or waive any or all of the foregoing requirements when he deems compliance is unnecessary under the circumstances

(Ord. 467 § 1 (part), 1975)

(Ord. No. 16-858, § 2, 5-10-2016)

Except where required by the Subdivision Map Act, no parcel map need be filed or recorded, whenever the planning director finds that the proposed division of land meets all city 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;

(8)

All other requirements of the Subdivision Map Act and any applicable provisions of this chapter.

Dedications and offers of dedication shall be made by deed. No tentative, final or parcel map shall be required for land conveyed entirely to a public agency or public utility when such conveyance is for public use.

(Ord. 467 § 1 (part), 1975)

A lot line adjustment between two or more exiting adjacent parcels, where the land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not created, may be approved by the community development director without a tentative subdivision map, or a parcel map as follows:

(1)

The director's review shall be limited to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the city's building and zoning ordinances, including whether the resulting parcels and any structures and parking spaces located thereon will comply with the area, width, frontage and yard requirements of the zone in which the parcels are located. No nonconforming uses or structures may be created by a lot line adjustment.

(2)

The director shall not impose conditions or exactions on approval of a lot line adjustment except to conform to the city's building and zoning ordinances or to facilitate the relocation of existing utilities, infrastructure or easements.

(3)

A grant deed which describes the proposed boundaries of the parcels shall be submitted to the city engineer for review. If a lot line adjustment is approved, the deed shall be recorded by the applicant.

(4)

No record of survey shall be required for a lot line adjustment.

(Ord. 721 § 2, 1997)

V. - IMPOSITION OF REASONABLE FILING FEES

Every person applying for and pursuing or opposing a division of land shall pay processing and appeal fees in an amount prescribed by resolution of the city council.

(Ord. 467 § 1 (part), 1975)

VI. - FILING OF TENTATIVE MAP

Tentative maps shall be filed with the city clerk and shall be processed in accordance with the Subdivision Map Act and the provisions of this chapter. The subdivider shall file as many copies of the tentative map as may be required by the city clerk.

(Ord. 467 § 1 (part), 1975)

VII. - PUBLIC HEARING AND NOTICE WHERE REQUIRED

The planning commission shall hold a public hearing on the tentative map, and notice thereof shall be given as provided in Section 66451.3 of the Subdivision Map Act. Any interested person may appear and there be heard. At the conclusion of the hearing the planning commission shall make a recommendation to the city council. The city council shall then hold a public hearing on the tentative map, with given as provided in Section 66451.3 of the Subdivision Map Act.

(Ord. 467 § 1 (part), 1975)

(Ord. No. 16-858, § 3, 5-10-2016)

VIII. - EXPIRATION OF MAPS AND EXTENSIONS

(a)

Expiration. The approval or conditional approval of a tentative map shall expire twenty-four months from the date the map was approved or conditionally approved.

(b)

Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the city clerk. Such application shall, to be effective, be filed before the approval or conditional approval expires. The application shall state the grounds for the extension. The clerk shall present the request to the planning commission at its next regular meeting. The planning commission shall make a recommendation to the city council to grant or deny the request at that or its next regular meeting. In granting an extension, new conditions may be imposed and existing conditions may be revised. Upon hearing the planning commission's recommendation the city council will make the final determination on the extension request.

(c)

Time Limit on Extensions. Upon application of a subdivider filed prior to the expiration of an approved or conditionally approved tentative map, the time at which the map expires pursuant to subsection (a) may be extended by the planning commission for a period not to exceed one year as long as the total lifespan of the map will not exceed six years from the date that the map was initially approved not including any statutory map extensions.

(d)

Effect of Map Modification on Extension. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

(Ord. 538 § 1, 1982; Ord. 467 § 1 (part), 1975)

(Ord. No. 16-858, §§ 4, 5, 5-10-2016)

Failure to file a parcel map with the county recorder within sixty days from the approval or conditional approval of such map shall terminate all proceedings. Any subdivision of the same land shall require the filing of a new map.

(Ord. 467 § 1 (part), 1975)

IX. - APPEALS—ADVISORY AGENCY

The subdivider may appeal to the planning commission to make a recommendation to the city council from any action of the planning director with respect to a parcel map as provided by Government Code Section 66452.5 or 66452.6 as applicable depending on the action being appealed. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a) and (b) or 66452.6(e), as applicable depending on the action being appeals.

(Ord. 467 § 1 (part), 1975)

(Ord. No. 16-858, § 6, 5-10-2016)

X. - WAIVER OF DIRECT STREET ACCESS

The planning commission may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the waiver of direct access.

(Ord. 467 § 1 (part), 1975)

For park and recreation dedication and fees, and dwelling unit construction tax, refer to Sections 3.28.010 through 3.28.090, 6.04.645 and 6.04.1840 of this code.

(Ord. 467 § 1 (part), 1975)

XI. - SCHOOL SITE DEDICATIONS

As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivision within the city shall dedicate to the Fillmore Unified School District such lands as the city council shall deem suitable for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

(Ord. 467 § 1 (part), 1975)

The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty days after the requirement of dedication is imposed by the city the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty days after the filing of the final map on any portion of the subdivision.

(Ord. 467 § 1 (part), 1975)

The school district shall, if it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(a)

The costs of any improvements to the dedicated land since acquisition by the subdivider;

(b)

The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

(c)

Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

(Ord. 467 § 1 (part), 1975)

The provisions of this article shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative maps.

(Ord. 467 § 1 (part), 1975)

XII. - RESERVATIONS

As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this chapter.

(Ord. 467 § 1 (part), 1975)

Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element and/or a public building element, the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the definite principles and standards contained in the above specific plan or general plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

(Ord. 467 § 1 (part), 1975)

The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

(Ord. 467 § 1 (part), 1975)

Subject to the provisions of Sections 3.28.010 through 3.28.090 and 6.04.1840 of this code relating to dedication of sites for park and recreational purposes, the public agency shall, if it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(a)

The costs of any improvements to the dedicated land since acquisition by the subdivider;

(b)

The taxes assessed against the dedicated land from the date of the public agency's offer to enter into the binding commitment to accept the dedication;

(c)

Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

(Ord. 467 § 1 (part), 1975)

If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

(Ord. 467 § 1 (part), 1975)

XIII. - DEDICATION REGULATIONS FOR STREETS, ALLEYS, DRAINAGE, PUBLIC UTILITY EASEMENTS, AND OTHER PUBLIC EASEMENTS

As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements.

(Ord. 467 § 1 (part), 1975)

XIV. - DRAINAGE AND SEWER FACILITIES

Prior to filing any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Section 66483 of the Government Code.

(Ord. 467 § 1 (part), 1975)

XV. - BRIDGE CROSSINGS AND MAJOR THOROUGHFARES

The purpose of this article is to make provision for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit, for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484 of the Government Code.

(Ord. 467 § 1 (part), 1975)

XVI. - SUPPLEMENTAL IMPROVEMENTS REIMBURSEMENT AGREEMENTS

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such pursuant to the provisions of the Subdivision Map Act.

(Ord. 467 § 1 (part), 1975)

No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Section 66451.3 of the Business and Professions Code is held thereon by the city council and the council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

In addition to the notice required by Section 66451.3 of the Business and Professions Code, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the city clerk at least ten days prior to the date established for hearing.

(Ord. 467 § 1 (part), 1975)

If the city has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this chapter, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this chapter. The city may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares and the charges collected by the city therefor may be utilized to reimburse the subdivider as set forth herein.

(Ord. 467 § 1 (part), 1975)

XVII. - IMPROVEMENT SECURITY

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in the manner provided for in Section 66499 of the Business and Professions Code. Utility companies subject to regulation by the Public Utilities Commissions having assets of ten million dollars or more, shall be exempt from the provisions of this article, if, in the judgment of the director, completion of the improvement will not be adversely affected by such exemption.

(Ord. 467 § 1 (part), 1975)

The improvement security shall be in the amount set forth or authorized in Section 66499.3 of the Business and Professions Code. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the city council as necessary to cover the cost and reasonable expense and fees, including reasonable attorneys' fees, which may be incurred by the city in successfully enforcing the obligation secured.

The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

(Ord. 467 § 1 (part), 1975)

In the event the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the city council for a reduction in the amount of the improvement security required hereunder up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The city council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this chapter.

(Ord. 467 § 1 (part), 1975)

The improvement security required hereunder shall be released in the following manner:

(a)

Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work subject to the provisions of subparagraph (b) hereof.

(b)

The city council may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application therefor by the subdivider; provided, however, that no such release shall be for an amount less than twenty-five percent of the total improvement security given for faithful performance of the act or work and that the security shall not be reduced to an amount less than twenty-five percent of the total improvement security given for faithful performance until final completion and acceptance of the act or work. In no event shall the city council authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this chapter, the Subdivision Map Act or the improvement agreement.

(c)

Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment, may, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the city council, plus an amount reasonably determined by the council to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

(d)

No security for the guaranty or warranty of work shall be released until the expiration of the period thereof.

(Ord. 467 § 1 (part),1975)

XVIII. - SOIL REPORTS

(a)

A preliminary soils report, by a registered civil engineer experienced in soil mechanics and based upon adequate test borings, shall be submitted to the city engineer for every subdivision.

(b)

A preliminary soils report may be waived by the planning director provided that he finds that due to the knowledge the city has as to the qualities of the soils in the subdivision, no preliminary analysis is necessary.

(c)

If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the planning director. Such soils investigation shall be done by a civil engineer registered in California, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

The planning commission may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(Ord. 467 § 1 (part), 1975)

XIX. - REVERSION TO ACREAGE

Subdivided property may be reverted to acreage pursuant to provisions of this article.

(Ord. 467 § 1 (part), 1975)

Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the city clerk. The petition shall contain the information required by Section 6.08.390 and such other information as required by the planning director.

(Ord. 467 § 1 (part), 1975)

The council at the request of any person or on its own motion may by minute order initiate proceedings to revert property to acreage. The council shall direct the planning director to obtain the necessary information to initiate and conduct the proceedings.

(Ord. 467 § 1 (part), 1975)

6.08.390 - Data for reversion to acreage.

Petitioners shall file the following:

(a)

Evidence of title to the real property; and

(b)

Evidence of the consent of all of the owners of any interest in the property; or

(c)

Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

(d)

Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record;

(e)

A tentative map in the form prescribed by Section 6.08.060; or

(f)

A final map in the form prescribed by Section 66434 of the Business and Professions Code which delineates dedications which will not be vacated and dedications required as a condition to reversion.

(Ord. 467 § 1 (part), 1975)

Petitions to revert property to acreage shall be accompanied by a fee of one hundred dollars. If the proceedings are initiated pursuant to Section 6.08.380, the person or persons other than an official of the city acting in his capacity as such, who requested the city council to initiate the proceedings shall pay a fee of one hundred dollars. Fees are not refundable.

(Ord. 467 § 1 (part), 1975)

A public hearing shall be held before the city council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code. The planning director may give such other notice that is deemed necessary or advisable.

The city council may approve a reversion to acreage only if it makes and records in writing the findings required by Section 66499.16 of the Business and Professions Code.

(Ord. 467 § 1 (part), 1975)

Except for the fee provided in Section 6.08.400, upon filing of the final map for reversion to acreage with the county recorder, all improvement securities shall be returned by the city to the subdivider.

(Ord. 467 § 1 (part), 1975)

After the hearing before the city council and approval of the reversion, the final map shall be delivered to the county recorder.

(Ord. 467 § 1 (part), 1975)

Reversion shall be effective when the final map is filed for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

(Ord. 467 § 1 (part), 1975)

An application by an owner of real property to create one new lot from two or more contiguous, previously existing lots owned by the applicant, by eliminating all common lot lines which separate such lots from each other, may be approved without reverting to acreage, subject to the following conditions:

(1)

An application for such merger shall be filed with the community development director in such form and with such information as the director may require.

(2)

An application meeting the criteria of this section may be approved on such conditions as are necessary to accomplish the purpose or provisions of the Subdivision Map Act or this chapter or to protect the public health, safety or welfare, as well as any other conditions authorized by this section. The satisfaction of

some or all of the conditions imposed may be required as a condition precedent to recordation of an instrument evidencing the merger. It shall be a condition of granting any application that the owner dedicate or offer to dedicate streets, easements and other interests necessary for public purposes and the city retain all previously paid development fees if necessary to accomplish the purposes of the Subdivision Map Act.

(3)

If all lots to be merged were created in compliance with applicable laws and ordinances in effect at the time of the lots' creation, even if one or more of the lots is nonconforming at the time of application, the application may be approved by the community development director if the resulting parcel and all structures and parking spaces thereon comply with the general plan, with any applicable specific plan, and with the minimum area, width, frontage and yard requirements of the zone in which the parcel is located.

(4)

If any lot to be merged was not created in compliance with applicable laws and ordinances in effect at the time of the lot's creation, the application shall be heard by the planning commission, which may impose on the granting of the application whatever conditions it could impose on the issuance of a conditional certificate of compliance pursuant to subdivision (b) of Section 6499.35 of the Government Code with

respect to such illegally-created lot. If one or more lots to be merged is nonconforming at the time of application, the application may be approved if the resulting parcel and all structures and parking spaces thereon comply with the general plan, with any applicable specific plan, and with the minimum area, width, frontage and yard requirements of the zone in which the parcel is located.

(5)

No application may be approved if a nonconforming use or structure will be thereby created.

(6)

No application which proposes to vacate or abandon any dedication of offer of dedication may be approved unless the planning commission makes a written finding that such dedication of offer of dedication is unnecessary for present or prospective public purposes.

(7)

After an application is approved, merger does not occur until an instrument evidencing the merger is recorded in the official records of the Ventura County recorder, the form of the instrument, entitled "Notice of Voluntary Merger," shall be prescribed by the community development director reviewed by the city engineer prior to recordation.

(Ord. 721 § 3, 1997)

XX. - MONUMENTS

At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions

Code so that another engineer or surveyor may readily retrace the survey. He shall also set such additional monuments as may be required by the city engineer. All monuments necessary to establish the exterior boundaries of the subdivision shall be set or referenced prior to recordation of the final map.

(Ord. 467 § 1 (part), 1975)