Laguna Niguel Municipal Code Art. 3 Subdivision Code

Footnotes:

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Cross reference— Highway, flood control and recreational facilities, § 7-2-1 et seq.; building site requirements, § 9-1-126.

This article may be cited as the subdivision code.

(Ord. No. 90-11, § 13, 3-6-90)

(a) The purpose of this article is to provide regulations and controls for the design and improvement of subdivisions in the city, in accordance with the Subdivision Map Act.

(b) Other purposes of this article are:

(1) To implement the city's general plan;

(2) To provide regulations and controls, within the law, over the use of land in the city for the health, safety and welfare of present and future residents of the city; and

(3) To provide a procedure for lot line adjustments in the city.

(Ord. No. 90-11, § 13, 3-6-90)

(a) No person shall offer to sell or lease, contract to sell or lease, sell or lease, finance any parcel of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final tract map is required by this article, until such map thereof, in full compliance with the provisions of this article and the Subdivision Map Act, 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, except for model homes, or allow occupancy thereof, for which a parcel map is required by this article, until such map thereof, in full compliance with the provisions of this article and the Subdivision Map Act, has been filed for record by the county recorder.

(c) No permit to develop any real property which has been divided or which has resulted from a division in violation of the Subdivision Map Act or this article shall be granted by any officer or employee of the city or by the planning commission or the city council unless a certificate of compliance has been issued and recorded for the property to be developed in accordance with subarticle 15 of this article.

(Ord. No. 90-11, § 13, 3-6-90)

Any reference to the director in this article shall be to the director of community development. The director shall be responsible for enforcing the provisions of this article.

(Ord. No. 90-11, § 13, 3-6-90)

The director of community development shall formulate such rules, procedures and interpretations as may be necessary or convenient to administer this article. Such rules, procedures and interpretations shall be referred to as the subdivision manual. The subdivision manual and any amendments to it shall not be effective until they are approved by action of the city council. Copies of the subdivision manual shall be made available to the public at a cost sufficient to pay for printing.

(Ord. No. 90-11, § 13, 3-6-90)

(a) There is hereby established a subdivision committee. The committee shall consist of the following members or their duly authorized representatives:

(1) The director of community development.

(2) The city engineer.

(3) The city attorney.

The director of community development shall serve as chairman of the committee, and the committee shall select a vice-chairman. The city health officer, the city fire chief, the city police chief and the city traffic engineer shall provide advice and recommendations to the subdivision committee regarding specific subdivision proposals when so requested by the director of community development.

(b) The subdivision committee shall review all tentative tract maps and tentative parcel maps and shall report findings; recommended actions, including approval or denial; and recommended conditions for approval to the planning commission.

(c) The subdivision committee shall review and make recommendations to the planning commission and city council on petitions for reversion to acreage.

(d) The subdivision committee shall review all lot line adjustments and shall have authority to approve such adjustments, with the exception of those petitions which are deemed to be of a major or controversial nature, in which case the subdivision committee shall refer the adjustments to the planning commission for action with its recommendations.

(e) The subdivision committee shall perform such other duties as may be specified by the director of community development or the city council.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 90-17, § 4, 4-17-90; Ord. No. 91-48, § 3, 11-5-91)

(a) The city planning commission is hereby designated as an advisory agency as that term is used in the Subdivision Map Act and shall have the authority to review and approve, conditionally approve or disapprove tentative tract maps and tentative parcel maps and lot line adjustments that are referred to the planning commission by the subdivision committee.

(b) The city planning commission is hereby designated as an appeal board as that term is used in the Subdivision Map Act for hearing appeals from actions of the subdivision committee with respect to lot line adjustments.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 4, 11-5-91)

Fees to cover the costs incurred by the city in processing maps, plans and requests filed pursuant to the provisions of the Subdivision Map Act and this article shall be paid to the city in compliance with the fee resolution adopted by the city council.

(Ord. No. 90-11, § 13, 3-6-90)

The definitions in the Subdivision Map Act shall govern the meaning of words in this article, except as follows:

(Ord. No. 90-11, § 13, 3-6-90)

Unless otherwise defined in this article, words and phrases used in this article shall be deemed to have the same meaning applied to them in the city zoning code, the city grading and excavation code, and the Subdivision Map Act.

(Ord. No. 90-11, § 13, 3-6-90)

All references to this section shall include sections 9-1-213 through 9-1-230.

(Ord. No. 90-11, § 13, 3-6-90)

Cross reference— Definitions generally, § 1-1-18.

Advisory agency. The city planning commission is the advisory agency for the items specified in section 9-1-206, and the subdivision committee is the advisory agency for items specified in section 9-1-205.

Appeal board. The city council is hereby designated as an appeal board as that term is used in the Subdivision Map Act, for appeals from the planning commission with respect to tentative tracts, tentative parcel maps and lot line adjustments. The city planning commission is, as specified in section 9-1-206, the appeal board for hearing appeals on actions of the subdivision committee with respect to lot line adjustments.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 5, 11-5-91)

Building site means a parcel, or contiguous parcels, of land which was established in compliance with the building site requirements in article 2 of this division.

(Ord. No. 90-11, § 13, 3-6-90)

City engineer means the city engineer of the city.

City standards means city standard specifications as adopted by the city council.

Community apartment project means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

Condominium means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property.

Condominium project means an entire parcel of real property divided or to be divided into condominiums, including all structures thereon.

(Ord. No. 90-11, § 13, 3-6-90)

Driveway means a designated passageway providing vehicular access between a street and a garage or carport, a parking area, or other driveway or street. A driveway shall not be considered a street.

(Ord. No. 90-11, § 13, 3-6-90)

Easement means a recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over such land.

Engineering geologist means a person duly certified in the state to practice engineering geology.

(Ord. No. 90-11, § 13, 3-6-90)

Flood control work or drainage work means all means of conveying or storing stormwater, including natural watercourses, improved drainage channels, retarding basins, closed conduits or pipes and authorized or existing flood control channels; and also the control of sedimentation.

Flood hazard means the capability of flowing water or mixtures of soils and water to impair or to damage buildings and other structures and their functions, to erode natural and modified land surfaces, including channels and watercourses, and to deposit eroded material on either public or private property in a damaging or impairing manner and amount.

Flood hazard, possible means possible extension of areas denoted as subject to flood, including also the uncertainty of the degree or extent of bank erosion.

(Ord. No. 90-11, § 13, 3-6-90)

Grading code means the city grading and excavation code.

(Ord. No. 90-11, § 13, 3-6-90)

Cross reference— Excavation and grading code, § 8-1-800 et seq.

Hillside means a parcel of land or a definable portion thereof with an average slope of ten percent or more, or an average rise or fall of one foot or more vertically for each ten feet horizontally.

(Ord. No. 90-11, § 13, 3-6-90)

Improvement means such street work and utilities to be installed or agreed to be installed on the land proposed to be subdivided by any person 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 and drainage needs as a condition precedent to the approval and acceptance of the final tract or parcel map thereof. The term "improvement" also refers to such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the city council, or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the city's general plan or any adopted specific plan.

Inundation means ponded water or water in motion of sufficient depth to damage property due to the mere presence of water or to deposition of silt.

(Ord. No. 90-11, § 13, 3-6-90)

Master plan of drainage means an engineering report adopted by the city council pursuant to government code section 66683, which outlines the local drainage facilities, but not including necessary onsite or regional facilities, needed for proper development of a specific area of the city.

(Ord. No. 90-11, § 13, 3-6-90)

Person means any individual, firm, copartnership, joint venture, association, club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit.

(Ord. No. 90-11, § 13, 3-6-90)

Remainder parcel means that portion of a parcel of land which is not to be included within the boundaries of the final parcel or tract map.

Right-of-way means a specifically defined area or strip of land, either public or private, on which an irrevocable right of passage or use has been recorded.

(Ord. No. 90-11, § 13, 3-6-90)

Slope, manmade means a manufactured slope consisting wholly or partly of either cut or filled material.

Soil engineer means a civil engineer duly registered in the state whose field of expertise includes soil mechanics.

Stock cooperative shall be defined as defined in the Subdivision Map Act.

Street means a public or private vehicular right-of-way, other than an alley or driveway, including both local streets and arterial highways.

Subdivider shall be defined as defined in the Subdivision Map Act.

Subdivision shall be defined as defined in the Subdivision Map Act.

Subdivision Map Act means government code section 66410 et seq.

(Ord. No. 90-11, § 13, 3-6-90)

Vehicular access rights means the right of persons to gain entry or exit with a vehicle to or from a street or driveway to or from abutting land.

(Ord. No. 90-11, § 13, 3-6-90)

Zoning code means the city zoning code.

(Ord. No. 90-11, § 13, 3-6-90)

Cross reference— Zoning code, § 9-1-19 et seq.

Four different types of maps and procedures are available for the purpose of creating subdivisions and lots. Certain subdivisions may be created without following a map procedure.

A tentative tract map is a preliminary map that is used whenever a parcel or a number of contiguous parcels of land is proposed to be subdivided for the purpose of creating five or more lots, five or more condominium units, the conversion of five or more existing dwelling units to a stock cooperative, or a community apartment project containing five or more apartment units, except as otherwise specified by section 9-1-232 or section 9-1-235.

(Ord. No. 90-11, § 13, 3-6-90)

A tentative parcel map is a preliminary map that is used whenever a parcel or contiguous parcels of land is proposed to be subdivided for the purpose of creating less than five lots, less than five condominium units, or a community apartment project containing less than five apartment units, or where:

(1) The land before division contains less than five acres, each parcel proposed to be created by the subdivision will abut upon a maintained public street or highway, and all dedications and improvements required by city standards will have been previously complied with;

(2) Each parcel proposed to be created by the subdivision will have a gross area of 20 acres or more and a right of vehicular access for a continuous width of not less than 20 feet to a maintained public street or highway;

(3) The parcel of land proposed to be subdivided is within a tract of land zoned for commercial or industrial uses and abuts streets or highways which have been approved by the city as to alignment and width and to which it has a right of vehicular access for a minimum continuous width of not less than 28 feet; or

(4) Each parcel proposed to be created by the subdivision will have a gross area of not less than 40 acres or not less than a quarter of a quarter section.

(Ord. No. 90-11, § 13, 3-6-90)

A subdivision may be created by the recordation of a final tract map that is in substantial conformance with all or a portion of an approved tentative tract map. Each final tract map shall include all or an approved portion of the approved tentative tract map. It shall be filed in compliance with the provisions of this article, the Subdivision Map Act and the subdivision manual.

(Ord. No. 90-11, § 13, 3-6-90)

(a) A subdivision may be created by the recordation of a final parcel map that is in substantial conformance with an approved tentative parcel map or with a portion of an approved tentative parcel map which complies with the provisions of subsection 9-1-232(3). A final parcel map may also be recorded on portions of a tentative tract map when such portions comply with the specifications of subsection 9-1-232(2), (3) or (4). It shall be filed in compliance with the provisions of this article, the Subdivision Map Act and the subdivision manual.

(b) A parcel map shall be based upon a field survey, except that a parcel map may be compiled from a record data when the city engineer determines that the subdivision does not require a field survey, provided the map complies with the provisions of the Subdivision Map Act.

(Ord. No. 90-11, § 13, 3-6-90)

Certain types of land divisions and transactions may be completed without complying with the entire tentative and final tract or parcel map procedure, as specified in this section.

(1) A request for determination as to the status of any parcel of land created as a result of a lease or conveyance specified by subsections a. through i. of this subsection may be submitted in compliance with the certificate of compliance procedure as stated in subarticle 15 of this article. Neither a tentative nor a final tract or parcel map is necessary for the following:

a. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.

b. Mineral, oil or gas leases.

c. Land dedicated for cemetery purposes under the health and safety code of the state.

d. Leases of agricultural land for agricultural purposes.

e. Shortterm leases, terminable by either party on not more than 30 days' notice in writing, of a portion of the operating right-of-way of a railroad corporation defined as such by public utilities code section 230.

f. Subdivisions in which every parcel has a gross area of 60 acres or more.

g. Lot line adjustments.

h. Conveyances of land for rights-of-way to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such a public utility; however, in any of these instances, a tentative and final tract or parcel map may be required if the director of community development determines that a map is necessary for purposes of public health and safety or for the general welfare.

i. Boundary line or exchange agreements to which the state lands commission or a local agency holding a trust grant of tide and submerged lands is a party.

(2) A final parcel map is not required when waived pursuant to the provisions of subarticle 13 of this article.

(3) A request for certificate of compliance may or may not require a tentative map, as specified by the director.

(Ord. No. 90-11, § 13, 3-6-90)

A vesting tentative map is a map which confers a vested right to proceed with development for a specified time after recordation.

(1) A vesting tentative map is at the option of the subdivider and shall not be a prerequisite to any proposed subdivision or application for development.

(2) A vesting tentative map shall be identified on the submittal as a vesting tentative map.

(3) A vesting tentative map is limited to development of the property per the applicable regulations in existence at the time of approval of the vesting tentative map or per subsection (4) of this section.

(4) Whenever a subdivider files a vesting tentative map whose intended development is inconsistent with the zoning ordinance in effect at the time, the inconsistency shall be noted on the vesting tentative map, and the vesting tentative map shall be processed subject to the provisions of section 9-1-254, pertaining to zoning conformance.

(5) A vesting tentative map shall be processed in the same manner as a tentative map. However, previously approved tentative maps which were not approved as vesting tentative maps may be so approved only if refiled and processed in compliance with all requirements in this article.

(6) The provisions of section 9-1-258, pertaining to period of validity and extensions, shall apply to an approved or conditionally approved vesting tentative map.

(7) The vested right for a recorded subdivision map shall be for a period of one year beyond the recording date of the final map or parcel map, and shall confer on such maps all rights described in government code sections 66498.1—66498.8. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year time period shall begin when the final map or parcel map for that phase is recorded. Prior to the expiration of the initial one-year period, the developer may apply for a one-year extension of the period of the vested right to the planning commission. If the extension is denied, the developer may appeal that denial to the city council within 15 calendar days.

(8) The provisions of section 9-1-257, pertaining to modification of maps and conditions of approval, shall apply to an approved or conditionally approved vesting tentative map.

(9) Fees for the filing and processing of vesting tentative maps shall be the same as the fees established for the filing and processing of tentative maps. However, the city council may establish by resolution an additional fee to cover additional costs incurred by the processing of vesting tentative maps, including an extension of time.

(10) Fees for development permits (e.g., building and grading permits) filed per an approved vesting tentative map or a recorded vesting final/parcel map shall be the fees in effect at the time of issuance of such permit.

(Ord. No. 90-11, § 13, 3-6-90)

This subarticle pertains to tentative parcel maps and tentative tract maps.

(Ord. No. 90-11, § 13, 3-6-90)

Tentative maps shall conform with such requirements as to form and contents as may be specified by the director of community development in the subdivision manual.

(Ord. No. 90-11, § 13, 3-6-90)

Any property owner who proposes to subdivide his property may file a tentative map. Any person who proposes to subdivide property that is legally owned by another person may file a tentative map for such property with the written consent of the legal owner of record.

(Ord. No. 90-11, § 13, 3-6-90)

Each tentative map shall be signed by the property owner or owners of record, and shall be accompanied by evidence of ownership of the real property proposed for subdivision. When any portion of a tentative map includes property that is owned by a public agency, the certification of ownership need not include the signatures for such ownerships, provided such portions are clearly identified on the map.

(Ord. No. 90-11, § 13, 3-6-90)

Tentative maps shall be accompanied by a preliminary title report which discloses all possessory interests and interests of record in the land being subdivided, when determined to be necessary by the director of community development.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Tentative maps shall be accompanied by appropriate environmental documents in accordance with the state Environmental Quality Act.

(b) When it has been determined that an environmental impact report or a negative declaration is required for a tentative map, the application for the tentative map shall not be deemed complete until the applicant has deposited with the community development department sufficient funds to pay for the costs of preparing the environmental impact report or negative declaration. The director of community development shall determine the amount of funds required to be deposited for the preparation of an environmental impact report or negative declaration, and so advise the applicant of that amount within ten days after the application is filed with the community development department.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-50, § 3, 12-3-91)

(a) Unless the requirement is waived by the director of community development pursuant to subsection (b) of this section or deferred pursuant to subsection (c) of this section, tentative maps shall be accompanied by a preliminary soils report based upon adequate test borings and prepared by a registered civil engineer. If 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 report on each proposed lot in the subdivision containing any such soils problem shall accompany the tentative map. Such reports shall include recommended corrective action which is likely to prevent structural damage.

(b) The director may waive the preliminary soils report required by subsection (a) of this section for tentative tract maps where he determines that it is unnecessary because the city already has sufficient information as to the qualities of the soils in the proposed subdivision, and for tentative parcel maps.

(c) The director may defer the requirement for a preliminary soils report until the submission of a final tract or parcel map.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Tentative maps shall be accompanied by such additional information as may be specified by the director of community development. The director shall have the authority to include among such requirements geologic, seismic and hydrology reports; aerial photographs and transparent overlays; grading, site development and landscaping plans, including building setback lines; evidence from the proposed sewering agency and water supplier with respect to their capability of serving the proposed subdivision; fire protection and fuel modification reports; and any other information reasonably relevant to proposed subdivisions.

(b) The director may require differing amounts of supplementary information, depending upon the type of map involved, the scope of the proposed subdivision, and the anticipated environmental impacts of the subdivision.

(c) The director may require the submission of additional information after the filing of tentative maps as necessary.

(Ord. No. 90-11, § 13, 3-6-90)

This subarticle pertains to tentative parcel maps and tentative tract maps.

(Ord. No. 90-11, § 13, 3-6-90)

Tentative maps shall be filed with the director of community development, who shall accept such maps only when he determines that the requirements for filing a tentative map established by this article and the Subdivision Map Act have been satisfied. The date a tentative map is filed shall be the date it is accepted by the director. Each tract or parcel map shall be identified by a number prominently displayed on the face of the map issued by the county surveyor.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Where a local agency has filed a territorial map with the director of community development pursuant to the Subdivision Map Act, the director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to the local agency within three days of the date the tentative map is filed.

(b) When the state department of transportation has filed with the city council a map of territory within one mile on either or both sides of any state highway routing pursuant to the government code, the director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to the district office of the department of transportation within three days of the date the tentative map is filed.

(c) Within three days of the date a tentative map is filed, the director shall give notice of the filing to the governing boards of the school districts within which the proposed subdivision is located pursuant to the government code.

(Ord. No. 90-11, § 13, 3-6-90)

The planning commission shall act upon a tentative map within the time specified in the Subdivision Map Act unless:

(1) An extension of time for action is mutually consented to by the subdivider and the planning commission, in which case the map shall be acted upon within the time agreed upon; or

(2) The subdivider withdraws the map.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 6, 11-5-91)

Reports and recommendations on tentative maps shall be in writing and shall be provided to the subdivider at least three days prior to the date action on the map is scheduled, provided that a subdivider:

(1) May waive this requirement; and

(2) May consent to the receipt by the planning commission of additional recommendations; and provided further that a subdivider shall be deemed to have consented unless the subdivider specifically objects to the form and timeliness of such additional recommendations prior to the time the planning commission takes action on the tentative map.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 7, 11-5-91)

Each tentative map shall be reviewed by the planning commission, which shall approve, conditionally approve or disapprove it.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 8, 11-5-91)

A revised tentative map may be submitted at any time prior to action on the map by the planning commission. The time for action on a tentative map specified in section 9-1-249 shall recommence upon the acceptance by the director of community development of a revised tentative map.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 9, 11-5-91)

(a) The planning commission shall act on tentative maps at regularly scheduled meetings when the matter has been duly placed upon the commission's agenda. Public hearings shall not be required for the consideration of tentative maps, provided that the director of community development may set any map for public hearing before the planning commission when it has been determined that it would be in the public interest to do so. Whether or not a map is considered at a public hearing, the planning commission shall conduct its meetings in the same manner as public hearings, and all interested persons shall be given an opportunity to address the planning commission on any matter pertaining to a proposed subdivision.

(b) Where approval of a tentative map will constitute a substantial or significant deprivation of the property rights of other landowners, notice shall be given to all persons shown in the latest equalized assessment roll as owning property within 300 feet of the property proposed to be subdivided by at least one of the following methods:

(1) Direct mailing to the owners.

(2) Posting of notice on and off the site in the area where the project is to be located.

(3) Delivery of notice by any means other than mail to the owners.

(4) Any other methods reasonably determined to provide actual notice.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 10, 11-5-91)

(a) The planning commission shall not approve or conditionally approve a tentative map which does not conform with applicable zoning, except as provided in subsection (b) of this section.

(b) A tentative map may be approved when it conforms with zoning which has been recommended for adoption by the planning commission, on the condition that the zoning must become effective prior to recordation of the final tract or parcel map.

(c) A tentative map shall not be approved if it is apparent that any proposed parcel cannot be developed to its intended use without the modification of site development standards.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 11, 11-5-91)

A tentative parcel map or tentative tract map shall be approved or conditionally approved only if the planning commission makes the following findings:

(1) The proposed map is consistent with the city's general plan.

(2) The design and improvement of the proposed subdivision is consistent with the city's general plan.

(3) The site is physically suitable for the proposed type of development.

(4) The requirements of the state Environmental Quality Act have been satisfied.

(5) The site is physically suitable for the proposed density of development.

(6) The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat.

(7) The design of the subdivision and the proposed improvements are not likely to cause serious public health problems.

(8) The design of the subdivision and the proposed improvements will not conflict with easements of record or established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision, or, if such easements exist, that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

(9) The design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations pursuant to section 9-1-254.

(10) The subdivision is not located in an area for which fees to fund facilities and services have been adopted and imposed, or conditions of approval of the subdivision are imposed obligating the subdivider to pay any applicable fees before recordation or enter into an agreement securing such payment before recordation, or the subdivision would not allow development of a project which would contribute to the need for facilities for which a fee is required.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 12, 11-5-91)

(a) The planning commission shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system, where such a system exists, would result in or add to a violation of existing requirements prescribed by either the Santa Ana or San Diego Regional Water Quality Control Boards. If it is determined that the proposed waste discharge would result in or add to such a violation, the planning commission shall disapprove the tentative map unless there are extenuating or overriding considerations, in which case these shall be stated.

(b) If a subdivision fronting upon the coastline or shoreline or upon a public waterway, river or stream, or upon a lake or reservoir owned in part or entirely by a public agency, does not provide public access to such public resources through the subdivision itself in accordance with the requirements of sections 9-1-286, 9-1-287 and 9-1-288, the planning commission shall find that reasonable public access to the resource in question is otherwise available within a reasonable distance from the subdivision. If this finding cannot be made, the map shall be disapproved.

(c) If the planning commission approves or conditionally approves a tentative map which deviates from any standard of design as allowed by section 9-1-291, the commission shall make a finding that each such deviation has been individually considered and found to be justified based upon specific special circumstances which apply.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 13, 11-5-91)

Upon the request of the subdivider, approved tentative maps may be modified and conditions of approval may be modified or deleted by the planning commission. In all cases, the director of community development shall attempt to notify any third parties who had previously indicated an interest in the matter of the planning commission's scheduled consideration of the modification. Modifications shall be considered by the planning commission in the manner, and in accordance with the notice requirements, where applicable, set forth in subsection 9-1-253(b).

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 14, 11-5-91)

(a) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, unless prior to the expiration date the subdivider requests an extension of time to record the map.

(b) The planning commission may grant an extension of time for the map to be recorded for a period not exceeding a total of three years beyond the original date of expiration.

(c) An extension may be granted only where it will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

(d) Denial of a request for extension may be appealed by the subdivider to the city council within 15 days of the action by filing an appeal with the director of community development.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 15, 11-5-91)

(a) Except as provided in section 9-1-258, any interested person may appeal to the planning commission from any action of the subdivision committee by filing an appeal with the director of community development within ten days of the action.

(b) The appeal shall identify the action being appealed, specify why the appellant is dissatisfied with the action, and suggest alternative action.

(c) The director shall bring the matter before the planning commission for hearing within 30 days after the date of filing the appeal. The subdivider and the appellant, if other than the subdivider, shall be given at least ten days' notice of the planning commission's hearing. Where applicable, notice shall be given in the manner set forth in subsection 9-1-253(b).

(d) The planning commission may affirm, reverse or modify any recommendations or rulings of the subdivision committee and may make such findings as it deems appropriate. If only one or a limited number of conditions are being appealed, the planning commission need not limit its review to those specific conditions but may review the whole action taken by the subdivision committee. The planning commission shall render its decision on the appeal within seven days of the conclusion of its hearing.

(e) An appeal, once filed, may be withdrawn only with the consent of the planning commission.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Any interested person may appeal to the city council from any action of the planning commission by filing an appeal with the city clerk within ten days of the action.

(b) The appeal shall identify the action being appealed, specify why the appellant is dissatisfied with the action, and recommend an alternative action.

(c) The clerk shall set the matter for hearing before the city council within 30 days of the date of filing the appeal. The director of community development, the subdivider and the appellant, if other than the subdivider, shall be given at least ten days' notice of the council's hearing.

(d) The city council may affirm, reverse or modify any recommendations or rulings of the planning commission, and may make such findings as it deems appropriate. If only one or a limited number of conditions are being appealed, the council need not limit its review to those specific conditions, but may review the whole action taken by the planning commission. The council shall render its decision on the appeal within seven days of the conclusion of its hearing.

(e) An appeal, once filed, may be withdrawn only with the consent of the city council.

(Ord. No. 90-11, § 13, 3-6-90)

Subdivisions shall be designed in conformance with the standards of design set out in this subarticle. Deviations from these standards may be requested pursuant to section 9-1-291.

(Ord. No. 90-11, § 13, 3-6-90)

Subdivisions shall be designed and improved so as to be consistent with the adopted city's general plan and any applicable adopted specific plan, and the objectives, policies and general land uses and programs specified therein.

(Ord. No. 90-11, § 13, 3-6-90)

Subdivisions shall be designed in such a manner that all proposed lots comply with applicable zoning regulations in a manner that will permit the establishment of the proposed uses without further deviations or variances as stated in section 9-1-254.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Tentative map boundaries shall be drawn so as to include all of the area of all abutting parcels which are owned by the same property owner and proposed for boundary alteration. However, when any land is proposed to be divided in such a way that the subdivision will include a portion of such land, any portion with a contiguous gross area of five acres or more which is not proposed to be included within the subdivision may be identified by reference on the tentative map.

(b) A portion of a tentative parcel map may be designated as a remainder for the purpose of an exception to the survey requirements, in compliance with the following provisions:

(1) Any remainder shall have a gross area of five acres or more.

(2) Any remainder so designated shall not be considered to be a building site.

(3) Any remainder so designated shall not be improved with any building or structure that is subject to the requirements of the Uniform Building Code.

(c) Whenever a parcel of real property lies partially within the city and partially within an unincorporated area, any proposal to subdivide such real property shall be consistent with existing city boundaries. No lot or parcel, except proposed public or private street rights-of-way, shall be partially within the city and partially within an unincorporated area. Any portion of such real property lying within any unincorporated area shall be included on the tentative map for the purpose of showing the remainder parcel, but any approving action on the tentative map by the city shall not be construed as approval of any design or improvements shown within the unincorporated area.

(d) Regardless of its size, no portion of any property shown on the latest equalized county assessment roll as a unit or contiguous units shall be excluded from within the boundaries of a subdivision for the purpose of avoiding dedication or improvement of any street, drainage or flood control facility.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Each lot or parcel being created by a subdivision shall be either numbered or lettered. If it is numbered, it must comply with the requirements of a building site as defined in article 2 of this division.

(b) Lettered lots or parcels may not be used as building sites and need not comply with the requirements for a building site.

(c) Lettered lots other than streets shall be labeled as to their intended use. Numbered lots may be labeled as to their intended use.

(d) A numbered lot which is platted so that it is in more than one zoning district shall comply with area and width requirements of the zoning district having the greater requirements.

(Ord. No. 90-11, § 13, 3-6-90)

If an existing or proposed arterial highway or transportation corridor as shown on the master plan of arterial highways (a component of the circulation element of the city's general plan) is located so that any portion of such highway lies within or adjacent to a subdivision, the highway or corridor shall be shown on the map in a width and in an alignment corresponding to the master plan of arterial highways, and the highway or corridor shall be designed in accordance with the standard plans or applicable specific plan adopted by the city council.

(Ord. No. 90-11, § 13, 3-6-90)

Private streets shall be permitted, pursuant to conditions specified in the subdivision manual, only when the local agency finds that the occupants of the subdivision will be better served and the welfare of the general public will not be impaired thereby.

(Ord. No. 90-11, § 13, 3-6-90)

Subdivisions shall be designed so as to limit vehicular access to highways shown on the master plan of arterial highways.

(Ord. No. 90-11, § 13, 3-6-90)

Subdivisions shall be designed in conformance with the standard plans adopted by the city council, except:

(1) Streets in residential districts requiring a building site area of 15,000 square feet or more and where no sidewalks are to be installed shall have a right-of-way that will provide a parkway width of at least four feet.

(2) Private streets serving four or less parcels as access to a public street shall provide for a minimum pavement width of 16 feet within a minimum 20-foot-wide right-of-way.

(3) Private streets serving five parcels or more as access to a public street shall provide for a minimum pavement width of 28 feet within a minimum 40-foot-wide right-of-way.

(4) Streets in a subdivision which provides an approved alternate pedestrian circulation system shall have rights-of-way that will provide a minimum parkway width of at least four feet.

(Ord. No. 90-11, § 13, 3-6-90)

Dead-end streets shall be terminated by a turnaround having a diameter which will maintain a parkway width uniform with that of the street. No such dead-end street shall exceed a length of 1,000 feet measured along the centerline thereof from the center point of the turnaround to its centerline intersection with a through street.

(Ord. No. 90-11, § 13, 3-6-90)

Local street and highway grades shall be no less than 1.0 percent, reverse grade vertical curves excepted. Private driveway grades shall be no less than 0.5 percent, reverse grade vertical curves excepted. Highway grades shall not exceed six percent, and local street grades shall not exceed ten percent.

(Ord. No. 90-11, § 13, 3-6-90)

The centerline radii of curves on local streets or highways shall be not less than:

(1) One thousand five hundred fifty feet on highways shown on the master plan of arterial highways as major arterial highways.

(2) One thousand four hundred feet on highways shown on the master plan of arterial highways as primary or secondary arterial highways.

(3) Five hundred fifty feet on collector streets.

(4) Two hundred fifty feet on local streets.

(Ord. No. 90-11, § 13, 3-6-90)

Local streets shall not exceed 1,000 feet in length without a significant change in alignment.

(Ord. No. 90-11, § 13, 3-6-90)

All local street and highway corner cutoffs and corner radii shall be designed in conformance with the standard plans as adopted by the city council.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Sidewalks shall be designed in accordance with the standard plans adopted by the city council and located as follows:

(1) Along both sides of arterial highways.

(2) Along all commercial and industrial frontage.

(3) Along both sides of collector streets.

(4) Along residential frontage where the required minimum building site area is less than 15,000 square feet and the lots have access to the street, except in those instances where an alternate pedestrian circulation system is proposed.

(5) Along all streets leading directly to a school, a designated school bus stop or a park.

(6) Where the sidewalk will provide a continuation or link between other sidewalks.

(b) Additional pedestrian ways not abutting a street shall be provided when necessary for access to schools, recreation and other public areas. These pedestrian ways shall not be less than six feet in width.

(Ord. No. 90-11, § 13, 3-6-90)

Where the city's general plan or any officially adopted specific or precise plan designates a bikeway or equestrian trail as lying wholly or partially within any proposed subdivision, the necessary right-of-way for the bikeway or equestrian trail shall be shown on the map in compliance with such adopted plans, and bikeways shall be designed in accordance with the standards adopted by the city council.

(Ord. No. 90-11, § 13, 3-6-90)

Street lighting shall be provided along and at the intersections of all arterial highways and local streets in accordance with the illumination levels specified in the standard plans, except as otherwise approved by the city engineer.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground within any new, revised or reactivated residential subdivision. The subdivider is responsible for making the necessary arrangements with the utility companies for the installation of such facilities. For the purposes of this subsection, appurtenances and associated equipment such as but not limited to surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground within the street right-of-way where sufficient right-of-way width exists so as not to pose a serious hazard to pedestrian traffic. If approved by the director of community development, utility lines, the main purpose of which is to provide service to customers outside of the original boundaries of the subdivision, and those utility lines which were in service in the area covered by the tentative tract or tentative parcel map prior to the filing of the tentative map, may be placed above ground.

(b) Required underground utility lines may be located in street or alley rights-of-way or along any lot line.

(c) Overhead utility lines shall be located at the rear of lots or parcels where practical, and the poles supporting such overhead lines shall not be installed within any street, alleyway, drainage easement or flood control channel.

(d) Aboveground installation of utilities shall be permitted on a temporary basis when such utilities are required during construction; provided, however, that such utilities shall be removed or placed underground prior to the final exoneration of street improvement bonds.

(Ord. No. 90-11, § 13, 3-6-90)

All lots intended for development shall be connected to a sanitary sewer system unless the health officer has determined that each lot is adequate to accept a private septic system.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Tentative maps shall illustrate the existing and proposed manner in which water drains onto, across and off of the land being subdivided, including the facilities and easements necessary to accommodate the drainage.

(b) If a subdivider unnaturally concentrates or diverts surface water running onto adjacent land, the map shall illustrate the manner in which such water will be accepted and disposed of.

(c) If an existing or proposed flood control channel, as shown on an officially adopted flood control plan, is located so that any portion of it lies within or adjacent to a subdivision, the channel shall be illustrated on the map as a lettered lot in a width and in an alignment corresponding to the flood control plan.

(d) Where any lot is designed in such a manner that it will not drain with a minimum one percent grade directly to a street or common drainage facility, it shall be designed in a manner that will conform to the following criteria:

(1) Lots shall be designed in such a manner that manmade slopes are not subject to sheet flow or concentrated runoff from either the same or an adjacent lot.

(2) All water flowing down manmade slopes, except that falling on each slope shall be constrained within an approved drainage device.

(3) All water flowing from one lot to or across another lot shall be within an approved drainage device located within a properly executed easement, where appropriate.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Manmade slopes shall be designed so that they can be conveniently maintained so as to minimize erosion, slope failure and unsightly conditions.

(b) This section does not apply to manmade slopes five feet in height or less.

(c) All manmade slopes shall be shown on tentative maps and shall be classified, labeled and designed as follows:

(1) Type A: Those proposed to be maintained by a public agency or by a group, such as a homeowners' association, and which are located either adjacent to an arterial highway or within a park, greenbelt or other public or common open space area.

(2) Type B: Those proposed to be maintained by a group, such as a homeowners' association, and which are located within or adjacent to individual lots and which are not within a park, greenbelt or other public or common open space area.

(3) Type C: Those proposed to be maintained by individuals and which are located within individual lots in such a manner that they are inappropriate for maintenance by a group such as a homeowners' association.

(d) Manmade slopes shall be designed to resemble natural terrain where feasible, with a minimum of long, flat, inclined plane surfaces and acute angles.

(e) Manmade slopes shall be no steeper than two feet horizontal to one foot vertical.

(f) The maximum height of manmade slopes in excess of (steeper than) five feet horizontal to one foot vertical shall be as follows:

(1) Type A: No maximum.

(2) Type B: 35 feet.

(3) Type C: 20 feet.

(g) Manmade slopes shall not be constructed one on top of another or combined in such a manner so that they exceed the maximum heights specified in subsection (f) of this section. However, this limitation shall not apply to adjacent slopes on land abutting the subdivision, provided there is a visual and physical break of at least ten usable feet, exclusive of drainage facilities, between the top of the lower slope and the toe of the upper slope.

(h) Lettered lots shall not include type C slopes, unless such slopes will be directly visible from the probable building pad on the lot.

(i) Automatic irrigation systems shall be incorporated into the design of type A and type B slopes. An irrigation system connected to the water system serving the main use of the lot shall be incorporated into the design of type C slopes.

(j) The design of manmade slopes shall include landscaping in accordance with the requirements of section 9-1-285.

(Ord. No. 90-11, § 13, 3-6-90)

Local parks shall be shown on the tentative map as required by the local park code and in a manner consistent with the city's general plan.

(Ord. No. 90-11, § 13, 3-6-90)

The design of the areas listed in this section shall include appropriate landscaping for aesthetic, noise suppression, fire protection and erosion control purposes:

(1) Manmade slopes greater than five feet in height.

(2) Common areas.

(3) Roadway medians and parkway areas.

(4) Lots containing existing significant trees or other plants proposed to be preserved.

(5) Fuel breaks.

(6) Other open space areas.

(Ord. No. 90-11, § 13, 3-6-90)

Any proposed subdivision lying wholly or partially within the coastal zone shall be designed to comply with and implement the goals, policies and various components of the land use plan of the applicable certified local coastal program.

(1) All tentative tract maps and tentative parcel maps shall be processed in compliance with the provisions of section 9-1-118, pertaining to the CD coastal development district, and with the appropriate coastal zone regulations in any applicable specific plan, in addition to the provisions of this article. Each tentative tract and tentative parcel map is considered to be a discretionary permit for purposes of compliance with section 9-1-118 and with the appropriate coastal zone regulations in any applicable specific plan.

(2) Prior to the approval of any tentative tract or parcel map, the advisory agency shall make the following finding in addition to the findings required by sections 9-1-255 and 9-1-256: "The tentative map is consistent with the applicable certified land use program and with the approved coastal development permit." If this finding is not made and if a coastal development permit has not been approved, the tentative map shall not be approved. However, an application for a coastal development permit may accompany the tentative map and be processed concurrently with the map.

(3) When the certified local coastal program indicates the location of a public accessway or of any permanent open space or conservation area within the boundaries of a proposed subdivision, such accessway, open space or conservation area shall be shown on the tentative map. When an accessway, open space or conservation area is already in existence at the time a tentative map is filed, the status of such accessway, open space or area, whether public or private, and the OR number, if dedicated to the city, shall be identified on the map. When the exact location of a proposed accessway, open space or conservation area is not known at the time the tentative map is filed, a reservation, not to exceed 1½ times the actual accessway, open space or conservation area, may be shown, accompanied with a statement that the accessway, open space or conservation area will be located within the reservation area shown. The tentative map shall indicate whether the proposed accessway, open space or conservation area is to be private or public, whether it is in compliance with the local coastal program, and who will be responsible for the operation and maintenance of such accessway, open space or conservation area. Prior to recordation of the final map, the offer of dedication or easement for the accessway, open space or conservation areas that are proposed to be dedicated to the city shall be submitted to the director of community development. Within 15 working days after the documents have been submitted to the director of community development, the advisory agency shall make the following findings, if appropriate:

a. The exact location of the accessway, open space or conservation area is within the reserved area shown on the approved tentative map;

b. The accessway, open space or conservation area is consistent with the land use plan of the certified local coastal program; and

c. All of the proposed language of the document, including any accompanying maps and conditions, complies with all applicable policies and programs of the city.

(4) When a tentative map accompanies or follows a coastal development permit, the period of validity of the approval of the tentative map, and of any extension of time, shall be concurrent with the period of time during which the coastal development permit or any extension thereof is valid.

(5) After the final map and the dedication documents have been recorded, the director of community development shall forward a copy of the recorded documents, together with a copy of the approved tentative map, a copy of the coastal development permit, and all applicable conditions and findings of approval to the executive director of the coastal commission.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Any proposed subdivision fronting upon a public waterway, river or stream shall be designed so as to provide reasonable public access by fee or easement from a public highway to and along that portion of the bank of the river or stream bordering or lying within the proposed subdivision. The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the public waterway, river or stream consistent with public safety.

(b) The governmental entity to which the access route will be offered for dedication shall be indicated on the map.

(c) In determining what is reasonable public access, the following factors shall be considered:

(1) That the easement may be for a foot trail, bicycle trail or horse trail.

(2) The size of the subdivision.

(3) The type of riverbank and the various appropriate recreational, educational and scientific uses, including but not limited to swimming, boating, diving, fishing, waterskiing, scientific collection and teaching.

(4) The likelihood of trespass on private property and reasonable means of avoiding such trespass.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Any proposed subdivision fronting upon any lake or reservoir which is owned in part or entirely by a public agency shall be designed so as to provide reasonable public access by fee or easement from a public highway to the water of the lake or reservoir upon which the subdivision borders, either within the subdivision or a reasonable distance from the subdivision.

(b) The governmental entity to which the access route will be offered for dedication shall be indicated on the map.

(c) In determining what is reasonable public access, the following factors shall be considered:

(1) That access may be by highway, foot trail, bike trail, horse trail or any other means of travel.

(2) The size of the subdivision.

(3) The type of shoreline and the various appropriate recreational, educational and scientific uses, including but not limited to swimming, diving, boating, fishing, waterskiing, scientific exploration and teaching.

(4) The likelihood of trespass on private property and reasonable means of avoiding such trespass.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Any subdivision proposed to be located in an area shown in the safety element to be a high or extreme fire hazard area shall provide appropriate fire protection by means of firebreaks, fuel modification programs, access roads, sufficient water supply, landscaping and open spaces, and such other methods that the fire chief has determined will ensure the public health, safety and welfare of the future occupants of the subdivision and the adjacent area.

(b) The design of any required fuel modification program shall include landscape architectural planning encompassing visual quality standards, watershed impact and erosion control, and wildlife impact and other design features described in the fire hazard reduction design criteria. The program shall include provisions for landscape architectural construction observation, inspection and maintenance.

(c) The cost of the design and implementation of any fuel modification program shall be the responsibility of the subdivider.

(d) A method or procedure for ensuring continued maintenance of any required fuel modification program shall be provided by the subdivider and approved by the fire chief and the director of community development.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Areas proposed to be subdivided which are known to be dangerous by reason of geological conditions, unstable subsurface conditions, groundwater or seepage conditions, flood hazard, inundation or erosion by the ocean or any other dangerous conditions shall be approved for subdivision only when the subdivision committee finds that such conditions or hazards are to be removed or that appropriate measures or controls will be applied which will ensure adequate protection to the subject property and to surrounding uses and improvements.

(b) Areas proposed for subdivision in FP-1, FP-2 and FP-3 districts, as defined in section 9-1-113 pertaining to the FP floodplain district regulations, shall provide for flood protection meeting the criteria set forth in the regulations for all building sites. Flood elevation data adequate for such determination shall be provided for all subdivision proposals adjacent to or encroaching into FP districts as provided in section 9-1-113.

(Ord. No. 90-11, § 13, 3-6-90)

(a) The planning commission may approve tentative maps which deviate from the standards of design contained in the following sections:

9-1-267 Lots and parcels.

9-1-268 Arterial highways.

9-1-270 Restricted access to highways.

9-1-271 Street widths.

9-1-272 Dead-end or cul-de-sac streets.

9-1-273 Local street, highway and driveway grades.

9-1-274 Curved local street and highway radii.

9-1-276 Local street and highway corner cutoffs and corner radii.

9-1-277 Sidewalks and pedestrian ways.

9-1-278 Bicycle and equestrian trails.

9-1-279 Street lighting.

9-1-280 Underground utility lines.

9-1-283 Manmade slopes.

9-1-285 Landscaping and screening.

9-1-289 Fire protection.

(b) The deviations from the standards of design contained in the sections listed in subsection (a) of this section shall be identified by a note on the face of the tentative map, and the subdivider shall submit evidence of justification for each deviation.

(c) Special circumstances which may be cited to justify a deviation from the standards of design listed in subsection (a) of this section include but are not limited to the character of the community, alternative means of pedestrian circulation, environmental considerations, physical constraints, existing nearby uses and a limited amount of ultimate traffic.

(d) The planning commission shall take specific action on each requested deviation. Deviations not specifically approved shall be considered to be disapproved.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 16, 11-5-91)

Areas proposed for subdivision in floodplains, as defined by section 9-1-27, shall comply with the following:

(1) All subdivision proposals shall be consistent with the need to minimize flood damage.

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development.

(Ord. No. 90-11, § 13, 3-6-90)

The planning commission may require the dedication to the public, to the city, or to such other public agency as may be appropriate, of all real property or interest therein, both on and off site, required for public use or benefit, including but not limited to the following:

(1) Local streets, arterial highways and transportation corridors.

(2) Alleys.

(3) Trails, paths and pedestrian ways.

(4) Flood control facilities.

(5) Parks.

(6) Easements for landscaping maintenance.

(7) Public utility easements.

(8) Public transit facilities.

(9) Other public easements.

(10) Accessways to the shoreline or to lakes and reservoirs as provided in sections 9-1-286, 9-1-287 and 9-1-288.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 17, 11-5-91)

The planning commission may require that the items listed in section 9-1-295 be deeded for private use or benefit to a homeowners' association or other responsible body.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 18, 11-5-91)

Whenever specified by the planning commission, offers of dedication of arterial highways or transportation corridors shall include the release and relinquishment of vehicular access rights to and from such facilities from any property shown within a final tract or parcel map abutting thereon. When the local agency finds that there is a particular circulation problem on a local street, release and relinquishment of access rights to and from the local street may be required.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 19, 11-5-91)

The subdivider submitting a tentative tract map may be required to dedicate land for the elementary school facilities necessary to assure the residents of the subdivision adequate public school service in accordance with the requirements and procedures set forth in the Subdivision Map Act. Whenever the planning commission imposes such a dedication requirement, it may concurrently approve an alternate tentative map, to be effective if the school district affected does not enter into a binding commitment within 30 days to accept the dedication. A dedication pursuant to this section shall only be required at the request of a school district made within 20 working days of the notice given pursuant to section 9-1-248.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 20, 11-5-91)

Dedications and offers of dedication shall be made by a certificate on the final tract or parcel map. Separate instruments may be used with the approval of the director of community development, when permitted by law and when the subdivider intends to dedicate or offer for dedication real property prior to the approval of a final tract or parcel map.

(Ord. No. 90-11, § 13, 3-6-90)

Dedications required by section 9-1-295 shall not be required for any remainder parcel which is sufficient as to size and shape to be further divided in compliance with applicable zoning regulations, provided the planning commission determines that such dedications and improvements are not necessary immediately for public use or benefit and that the property owner will not be excused from a requirement to dedicate and install necessary improvements at a later time.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 21, 11-5-91)

(a) The subdivider shall grade and improve or agree to grade and improve all land shown on the final tract or parcel map for those dedications listed in section 9-1-295 in compliance with the requirements of the approved tentative map, in such a manner and with such improvements as are necessary for the general use of the lot or parcel owners in the subdivision and local traffic and drainage needs, as a condition precedent to the approval and acceptance of the final tract or parcel map. All elevations shall be based on the current county surveyor vertical datum. The grading plans and improvement plans shall make reference to the benchmark and elevation used for the design and engineering.

(b) The subdivider may be required to improve or agree to improve those dedications which are necessary or convenient to ensure conformity to or implementation of the city's general plan.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Required improvements for subdivisions of four or less parcels shall be noticed by a certificate on the final parcel map or the instrument evidencing waiver of the parcel map. Except as otherwise specified in subsection (c) of this section, the certificate shall include a requirement for fulfillment of such improvements prior to issuance of any building permit or other grant of approval for development of the parcel, or for installation of the improvements at such earlier time as provided in the agreement.

(b) The agreement required by section 9-1-306 shall be entered into prior to the county surveyor's approval of the parcel map for recordation, or prior to granting a waiver of the parcel map. Except as otherwise specified in subsection (c) of this section, the agreement shall provide for installation of the improvements prior to the granting of any building permit or other grant of approval for development of the parcel, or for the installation of the improvements at such earlier time as provided in the agreement.

(c) The requirements for installation of the improvements prior to issuance of building permits may be omitted from a parcel map when such a requirement is not a condition of approval of the parcel map or waiver of parcel map.

(Ord. No. 90-11, § 13, 3-6-90)

Improvements shall be designed and constructed in accordance with the standards of design contained in subarticle 6 of this article, the standard plans, and any other applicable standards adopted by the city council.

(Ord. No. 90-11, § 13, 3-6-90)

All improvement plans of improvements to be installed within or supplemental to the final tract or parcel map must be approved by the appropriate agency prior to approval of the final tract or parcel map.

(Ord. No. 90-11, § 13, 3-6-90)

If any improvements are not completed satisfactorily or any monuments not set before the final tract or parcel map is approved, the subdivider shall enter into an agreement with the city council whereby, in consideration of the approval by the city of the final tract or parcel map, the subdivider agrees to perform and to furnish the equipment and material necessary to complete the required work within the time specified in the agreement. Such agreement shall be accompanied by security as provided in section 9-1-308, pertaining to improvement security, and section 9-1-310, pertaining to monumentation.

(Ord. No. 90-11, § 13, 3-6-90)

Subdividers submitting detailed plans and specifications for approval required by section 9-1-305 shall pay plan checking, engineering and inspection fees as established by resolution of the city council, including the following:

(1) An engineering fee, to be paid prior to approval by the city engineer.

(2) An inspection fee, to be paid prior to starting construction of bonded improvements at then-applicable rates.

(Ord. No. 90-11, § 13, 3-6-90)

Security in the form specified by the Subdivision Map Act shall be furnished with every improvement agreement. The amount of the security shall be as follows:

(1) If bonds are furnished by one of the authorized corporate sureties:

a. A performance bond in the amount of 100 percent of the estimated cost of the improvement.

b. A payment bond in the amount of 100 percent of the estimated cost of the improvement.

(2) If money, instrument of credit or negotiable bonds are furnished, 100 percent of the estimated cost of the improvement. The money, instrument of credit or negotiable bonds shall apply to both faithful performance and payment to the contractor, subcontractors, laborers, materialmen and other persons employed in the performance of the agreement.

(Ord. No. 90-11, § 13, 3-6-90)

The director of community development is authorized to release security in accordance with the provisions of the Subdivision Map Act.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Monuments shall be set for each tract and parcel map in accordance with the provisions of the Subdivision Map Act and in accordance with the rules and procedures approved by the city engineer.

(b) The agreement referred to in section 9-1-306 shall be accompanied by security in a sum not less than the cost of setting such monuments.

(Ord. No. 90-11, § 13, 3-6-90)

The director of community development is authorized to grant an extension of time to the agreement as specified in section 9-1-306, if in his opinion a delay in the completion of the improvements is justified and the delay will not cause substantial inconvenience to the general public.

(Ord. No. 90-11, § 13, 3-6-90)

Local park fees shall be paid as required by the local park code.

(Ord. No. 90-11, § 13, 3-6-90)

Cross reference— Local Park Code, § 9-1-500 et seq.

(a) The city council may, from time to time, after a public hearing and written notice to the owners of property therein, adopt master plans of drainage for various areas of the city. Such plans shall contain an estimate of the total costs of constructing the local drainage facilities required by the plan, and a map of the area showing its boundaries and the location of the planned facilities.

(b) Upon filing of a final tract or parcel map and as a condition of approval of the final tract or parcel map, a drainage fee shall be paid to the city council for deposit in a local drainage facilities fund in the amount set forth in the legislative action adopting and establishing a master plan of drainage, if any, within which any portions of the subdivision may lie. Such charges and fees collected as a condition of subdivision approval shall be referred to in this article as drainage fees. If local drainage facilities are being constructed by the subdivider in conjunction with the subdivider's improvements, an agreement to construct the local drainage facilities may be accepted in lieu of part or all payment of drainage fees.

(c) The funds derived from the drainage fees shall be used for purposes of defraying the cost of designing and constructing planned local drainage facilities for the removal of surface water and stormwater from the local drainage area described in such master plan of drainage.

(d) The city council, in adopting a master plan of drainage, shall find and determine that the subdivision and development of property will require construction of the facilities described in the master plan and that the drainage fees are fairly apportioned within the local drainage area, both on the basis of benefits conferred on property proposed for subdivision and on the need for local drainage facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.

(e) The fee as to any property proposed for subdivision within an area covered by a master plan of drainage shall not exceed the pro rata share of the amount of the total estimated cost of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.

(f) Drainage fees required by this section shall be paid into a local drainage facilities fund. A separate fund shall be established within each local drainage area. Moneys in such funds shall be expended for engineering and administrative services to obtain design of local drainage facilities by a duly registered civil engineer of those local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected.

(g) At the discretion of the city council, rights-of-way dedication, actual construction and design by a duly registered civil engineer, and payment of plan check, engineering and inspection fees for the improvement of local drainage facilities described in a duly adopted master plan of drainage may be accepted in lieu of the payment of drainage fees.

(h) Moneys may be advanced by the city from its general fund or other sources to pay the cost of local drainage facilities within a local drainage area having a duly adopted master plan of drainage, and subsequently such moneys advanced may be reimbursed from the local drainage facilities fund for the local drainage area in which the drainage facilities described in the master plan were constructed.

(i) When required for the implementation of a duly adopted master plan of drainage so as to provide adequate drainage for a subdivision, an agreement may be entered into between the subdivider and city whereby the subdivider may advance funds for local drainage facilities within a local drainage area, provided that the sole security for payment of funds or other consideration advanced shall be moneys subsequently accruing to a local drainage facilities fund for the local drainage area in which the facilities are constructed. Reimbursement shall be for the amount advanced only and shall not include interest or other charges.

(j) After completion of the facilities and the payment of all claims from any planned local drainage facilities fund, the city council shall determine by resolution the amount of surplus, if any, remaining in any of such funds. Any such surplus shall be used, in such amounts as the city council may determine, for one or more of the following purposes:

(1) For transfer to the general fund of the city, provided that the amount of such transfer shall not exceed five percent of the total amount expended from the particular fund;

(2) For the construction of additional or modified facilities within the particular drainage or sanitary sewer area; or

(3) As a refund in the manner provided in subsection (k) of this section.

(k) Any surplus remaining in a planned local drainage facilities fund shall be refunded as follows:

(1) There shall be refunded to the current owners of property for which a fee was previously collected the balance of such moneys in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage or sewer area.

(2) Where property for which a fee was previously collected has subsequently been subdivided into more than one lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected.

(3) There shall be transferred to the general fund of the city any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements or the adoption by the city council of a resolution declaring a surplus, whichever occurs later.

(Ord. No. 90-11, § 13, 3-6-90)

(a) A subdivider, as a condition of approval of a final parcel map, or a building permit applicant, as a condition of issuance of a building permit, shall pay a fee as established in this section to defray the cost of constructing bridges over waterways, railways, freeways and canyons or constructing major thoroughfares.

(b) For purposes of this section, the following terms shall have the meaning designated in this subsection:

(1) Construction has the same meaning as the definition of that term in government code section 66484.3.

(2) Major thoroughfare means those roads designated as transportation corridors and major, primary, secondary or commuter highways on the master plan of arterial highways in the circulation element of the city's general plan. Should the city not have a general plan in effect, then, until such time as such a general plan is adopted, the term "major thoroughfare" shall mean those roads designated as transportation corridors and major, primary, secondary or commuter highways on the master plan of arterial highways in the circulation element of the general plan of the county as that plan existed on December 1, 1989. The primary purpose of such roads is to carry through traffic and provide a network connecting to and including the state highway system.

(3) Bridge facilities means those locations identified in the transportation or flood control provisions of the circulation element or other element of the city's general plan as requiring a bridge to span a waterway, a railway, freeway or canyon. Should the city not have a general plan in effect, then, until such time as such a general plan is adopted, the term "bridge facilities" shall mean those locations identified in the transportation or flood control provisions of the circulation element or other element of the general plan of the county as that plan existed on December 1, 1989.

(4) Area of benefit means a specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge project.

(c) The provisions in this section for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the general plan adopted by the city council at least 30 days prior to the filing of the map or application for a building permit and on land located within the boundaries of the area of benefit. Should the city not have a general plan in effect, then, until such time as such a general plan is adopted, the provisions in this section for the payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the general plan of the county as that plan existed on December 1, 1989.

(d) Payment of fees shall not be required unless any major thoroughfares are in addition to, or a widening or reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

(e) Payment of fees shall not be required unless a planned bridge facility is an original bridge serving the area or in addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.

(f) Action to establish an area of benefit may be initiated by the city council upon its own motion or upon the recommendation of the director of public works. The city council will set a public hearing for each proposed area of benefit. Notice of the time and place of the hearing, including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment, shall be given as specified in government code section 66484.3.

(g) Public hearing and protests.

(1) At the public hearing, the city council will consider the testimony, written protest and other evidence. At the conclusion of the public hearing, the city council may, unless a majority written protest is filed and not withdrawn as specified in subsection (g)(3) of this section, establish an area of benefit. If established, the city council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the costs, whether actual or estimated, and the method of the apportionment. A certified copy of such resolution shall be recorded with the county recorder.

(2) Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the city council shall make provisions for payment of the share of improvement costs apportioned to such lands from other sources.

(3) Written protests shall be received by the city clerk any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protest to less than one-half of the area to be benefitted, then the proposed proceeding shall be abandoned and the city council shall not, for one year from the filing of such written protests, commence or carry on any proceedings for the same improvement under the provisions of this section, unless the protests are overruled by an affirmative vote of four-fifths of the city council. Any protests may be withdrawn by the owner making the protest, in writing, at any time prior to the close of the public hearing.

(4) If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the 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 improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in subsection (f) of this section.

(5) Nothing in this section shall prohibit the city council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or a portion of the improvement 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 area of the property to be benefitted are in favor of going forward with such improvement or portion thereof.

(h) Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Monies in such funds shall be expended solely for the construction or reimbursement for construction of improvements 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.

(i) The city council may approve the acceptance of consideration in lieu of the payment of fees established in this section.

(j) The city council may approve the advancement of money from the general fund or road fund to pay the cost of constructing the improvements covered in this section, and may reimburse the general fund or road fund for such advances from planned bridge facility or major thoroughfare funds established pursuant to this section.

(k) If the subdivider, as a condition of the approval of the subdivision, or the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the city council may enter into a reimbursement agreement with the subdivider or building permit applicant. Such agreement may provide for payments to the subdivider or applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the subdivider or applicant for costs not allocated to the subdivider's or applicant's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursement shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 90-12, § 1, 2-20-90)

Prior to the filing of a final tract map with the city council, the subdivider shall file with the city clerk a certificate from the county tax collector stating that, according to the records of such office, there are no liens against the subdivision or any part thereof for unpaid state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments collected as taxes not yet payable. As to taxes or special assessments collected as taxes which are a lien but not yet payable, the subdivider shall file with the clerk a certificate by the county tax collector giving his estimate of the amount of taxes and special assessments collected as taxes which are a lien but not yet payable.

(Ord. No. 90-11, § 13, 3-6-90)

Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded until the owner or subdivider executes and files with the city clerk security conditioned upon the payment of all state, county, municipal and local taxes and the current installment of principal and interest of all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable.

(Ord. No. 90-11, § 13, 3-6-90)

The apportionment of security and delinquencies shall be handled in accordance with the provisions of the Subdivision Map Act.

(Ord. No. 90-11, § 13, 3-6-90)

The content and form of parcel maps shall be governed by the provisions of the Subdivision Map Act and the subdivision manual. The subdivision committee may require additional information to be filed or recorded simultaneously with the map. The additional information shall be in the form of an additional map sheet, which shall indicate its relationship to the map and contain a statement that the additional information is for informational purposes. Such additional information may include but is not limited to building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, archaeological sites and possible boundary or title conflicts.

(Ord. No. 90-11, § 13, 3-6-90)

(a) When a subdivision is proposed to be created through the tentative parcel map process, a final parcel map shall be filed for record with the county recorder. No proposed subdivision shall be complete until such parcel map has been filed for record unless a waiver has been approved.

(b) A final parcel map, within commercial or industrial zoned areas, identifying lease lines for tax purposes, may be filed for record with the county recorder without being required to comply with the tentative parcel map requirements of this article. Each parcel on such map shall be identified by letter and shall not be considered to be a separate building site. No transfers of fee title may be made in connection with such map. Identification shall be shown on the face of such map as to its purpose that it does not create building sites and that it does not permit transfer of fee title interest.

(Ord. No. 90-11, § 13, 3-6-90)

(a) When dedications or offers of dedications are made on the final parcel map, all parties having any record title interest in the real property being subdivided shall consent to the preparation and recordation of the final parcel map by signing the required certificate. Such signatures shall be properly acknowledged. The certificate need not be signed by public entities and public utilities which own rights-of-way, easements or other interests which cannot ripen into a fee, provided that:

(1) The subdivision committee determines that division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement;

(2) The map contains a statement that the subdivision committee has determined that the division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement; and

(3) The public entity or utility has been given the opportunity to object to such a determination in accordance with the provisions of the Subdivision Map Act.

(b) When dedications or offers of dedications are not being made, no owners' or subdividers' signature shall be required on the parcel map.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Final parcel map. The final parcel map shall be submitted to the city engineer, who shall examine the map within 20 days of receipt thereof. If the city engineer is satisfied that the map is technically correct and conforms with the approved tentative parcel map and any conditions imposed thereon, he shall execute the certificate required by the Subdivision Map Act. Such certification by the city engineer shall constitute approval of the final parcel map.

(b) Agreements and security. Whenever, as a condition of an approved tentative parcel map, agreements or security are required for installation of certain improvements, the agreements and security shall be approved by the city council prior to recordation of the final parcel map.

(Ord. No. 90-11, § 13, 3-6-90)

The city engineer shall transmit the approved final parcel map to the county recorder for recordation, unless the surveyor, engineer or subdivider requests an alternate time schedule for recordation.

(Ord. No. 90-11, § 13, 3-6-90)

The content and form of final tract maps shall be governed by the provisions of the Subdivision Map Act and the subdivision manual. The subdivision committee may require additional information to be filed or recorded simultaneously with the map. The additional information shall be in the form of an additional map sheet, which shall indicate its relationship to the map and contain a statement that the additional information is for informational purposes. Such additional information may include but is not limited to building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, archaeological sites and possible boundary or title conflicts.

(Ord. No. 90-11, § 13, 3-6-90)

When a subdivision is proposed to be created through the tentative tract map process, a final tract map shall be filed for record with the county recorder. No proposed subdivision shall be complete until such tract map has been filed for record.

(Ord. No. 90-11, § 13, 3-6-90)

All parties having any record title interest in the real property being subdivided shall consent to the preparation and recordation of the tract map by signing the required certificate. Such signatures shall be properly acknowledged. The certificate need not be signed by public entities and public utilities which own rights-of-way, easements or other interests which cannot ripen into a fee, provided that:

(1) Division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement;

(2) The map contains a statement that the subdivision committee has determined that the division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of public entity or public utility right-of-way or easement; and

(3) The public entity or utility has been given an opportunity to object to such a determination in accordance with the provisions of the Subdivision Map Act.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Final tract maps, together with any required improvement agreements and security, shall be submitted to the director of community development for review and preliminary determination as to:

(1) Compliance with any conditions imposed on the approval of the tentative map; and

(2) Substantial conformance with the approved tentative map and any approved alterations thereof.

(b) If the director determines that the subdivision is not in compliance or substantial conformance, the director shall, within ten days of the date the final map was submitted, advise the subdivider in writing of his preliminary determination. The subdivider may appeal the director's determination to the subdivision committee, or directly to the city council if the map was originally approved on appeal to the city council. Any such appeal shall be heard within 15 days of the filing of such a request with the director. Upon hearing any such appeal, the subdivision committee or the city council shall make an advisory ruling to the city engineer. The final determination as to whether the final tract map is in compliance and substantial conformance shall be made by the city engineer.

(c) Within 20 days, or more if requested by the subdivider, after the director notifies the city engineer that all conditions precedent to the approval of the tract map have been satisfied and any required improvement agreements and security are in order, the surveyor shall examine the map and, if appropriate, shall execute the certificate required by the Subdivision Map Act.

(Ord. No. 90-11, § 13, 3-6-90)

After the city engineer executes his certificate, he shall transmit the tract map to the city clerk. The clerk shall present the map and any required agreements, securities and approvals to the city council for its approval and execution of the certificate by the clerk.

(Ord. No. 90-11, § 13, 3-6-90)

The city engineer shall transmit the approved final tract map to the county recorder for recordation, unless the surveyor, engineer or subdivider requests an alternate time schedule for recordation.

(Ord. No. 90-11, § 13, 3-6-90)

When requested by the subdivider or by a governmental agency, waivers from the requirement for recording a parcel map and exceptions to the tentative map process may be approved by the subdivision committee in compliance with the provisions of this subarticle. When any such waiver request is approved, a certificate of compliance may be recorded in lieu of a parcel map. The requirement for recording a parcel map shall not be waived when the city engineer finds that a survey or monumentation is necessary.

(Ord. No. 90-11, § 13, 3-6-90)

Only the following types of subdivisions are eligible to receive a waiver from the requirement for recording a parcel map:

(1) Subdivisions containing four or less parcels each of which is a minimum of five acres in area and is proposed for further subdivision.

(2) Subdivisions wherein each parcel will have a gross area of 20 acres or more and a right of vehicular access for a continuous width of not less than 40 feet to a maintained public street or highway having a right-of-way width of not less than 40 feet.

(3) Subdivisions wherein each parcel will have a gross area of not less than 40 acres.

(Ord. No. 90-11, § 13, 3-6-90)

A waiver from the requirement for recording a parcel map may be approved in compliance with the following procedure:

(1) A tentative map, accurately describing the existing legally created parcel and each proposed parcel, shall be submitted. Such tentative map shall be processed in compliance with the tentative map procedure, except that it need not be prepared by a licensed land surveyor or civil engineer and need include only such information that the director of community development and the subdivision committee find to be necessary in order to make the required determinations.

(2) A waiver request shall accompany the tentative map. The exception to the tentative map requirements specified in subsection (1) of this section is permitted only when a tentative map proposes one of the subdivisions specified by section 9-1-339 and when such map is accompanied by a waiver request.

(3) Prior to any action by the subdivision committee to approve a waiver, the director shall examine the map and shall identify each proposed parcel as a building site or a nonbuilding site.

(4) Prior to any action to approve a waiver, the subdivision committee shall find that the subdivision:

a. Will comply with city requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection;

b. Will satisfy any other requirements pertaining to the subdivision of land as specified in the Subdivision Map Act, this article and any other applicable city ordinance; and

c. Will not create any unnecessary conditions or situations that will be incompatible with existing and possible future uses of adjacent properties.

(Ord. No. 90-11, § 13, 3-6-90)

The approval of a waiver of the requirement to record a parcel map does not create a subdivision or satisfy the requirements applicable to the division of a parcel of land. Any parcels shown on a tentative map for which a parcel map has been waived shall not be considered to be legally established until a certificate of compliance for such parcels has been filed in the office of the county recorder.

(Ord. No. 90-11, § 13, 3-6-90)

A waiver of the requirement to record a parcel map is valid only for such time as the subject tentative map is valid, and a waiver approval shall expire concurrently with the expiration of the tentative map approval. After a waiver has been approved and within the period of validity of a tentative map, and when the director of community development has determined that all conditions and requirements of the tentative map have been satisfied, he shall cause a certificate of compliance to be recorded in compliance with the provisions of subarticle 15 of this article. If any required conditions have not been satisfied, a conditional certificate of compliance may be recorded within the specified time period. Such conditional certificate of compliance shall contain a notice of the conditions that are required to be satisfied prior to the recordation of a certificate of compliance.

(Ord. No. 90-11, § 13, 3-6-90)

The requirements of this article are automatically waived when a new condominium project is created or established on an existing building site. This waiver is not applicable to an existing development project which is converted to a condominium project.

(Ord. No. 90-11, § 13, 3-6-90)

Subdivided real property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act, this subarticle and the subdivision manual.

(Ord. No. 90-11, § 13, 3-6-90)

Petitions for reversion to acreage shall conform with such requirements as to form and content as may be specified in the subdivision manual, and shall include a final tract map. If the land to be reverted consists of four or less contiguous parcels under the same ownership, a parcel map may be submitted in lieu of the tract map. No reversion shall be complete until such map has been filed for record with the county recorder.

(Ord. No. 90-11, § 13, 3-6-90)

Petitions for reversion to acreage shall be reviewed by the subdivision committee. It shall make recommendations thereon to the director of community development within 30 days of the date the petition was filed with the director. Thereafter, the director shall transmit the petition and the subdivision committee's recommendations through the planning commission to the city clerk, who shall set the matter for public hearing before the city council. The clerk shall publish a notice of the time and place of the hearing in accordance with the provisions of the Subdivision Map Act, and give written notice of the hearing to the petitioners.

(Ord. No. 90-11, § 13, 3-6-90)

At the conclusion of the public hearing on a petition for reversion to acreage, the city council may make such findings, including those set forth in the Subdivision Map Act, as the council deems appropriate. If the council intends to approve the reversion to acreage, it shall impose the conditions required by the Subdivision Map Act. If the proposed final or parcel map has been approved by the city engineer, the city council may approve the reversion and authorize transmitting the map to the county recorder for recordation. The council may disapprove the proposed reversion or may continue the matter until the final tract map or parcel map has been approved by the city engineer. Thereafter, the council may approve the reversion and authorize transmitting the map to the county recorder for recordation. The city engineer shall then transmit the approved final tract or parcel map to the county recorder for recordation, unless the surveyor, engineer or subdivider requests an alternate time schedule for recordation.

(Ord. No. 90-11, § 13, 3-6-90)

Certificates of compliance shall be approved by the director of community development, whereas conditional certificates of compliance shall be approved by the subdivision committee.

(Ord. No. 90-11, § 13, 3-6-90)

Requests for a certificate of compliance shall be processed and reviewed in compliance with the provisions and procedures set forth in the subdivision manual. No certificate of compliance or conditional certificate of compliance shall be valid until it has been recorded in the office of the county recorder.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Any interested person may appeal to the city council from any action of the director of community development on a certificate of compliance by filing a notice of appeal with the city clerk within 15 days of the action.

(b) The notice of appeal shall identify the action being appealed, specify why the appellant is dissatisfied with the action, and recommend an alternative action.

(c) The clerk shall set the matter for hearing before the city council within 30 days of the date of filing the appeal. The director, the applicant, and the appellant if other than the applicant, shall be given at least ten days' notice of the council's hearing.

(d) The city council may affirm, reverse or modify any recommendations or rulings of the director, and may make such findings as it deems appropriate. If only one or a limited number of conditions are being appealed, the council need not limit its review to those specific conditions, but may review the whole action taken by the director. The council shall render its decision on the appeal within seven days of the conclusion of its hearing.

(e) An appeal, once filed, may be withdrawn only with the consent of the city council.

(Ord. No. 90-11, § 13, 3-6-90)

Persons owning two or more adjacent parcels who propose to adjust the boundaries of the parcels in a manner so that the land taken from one parcel is added to an adjacent parcel and a greater number of parcels than originally existed is not thereby created may apply for a lot line adjustment.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Applications for a lot line adjustment and the review and recordation thereof shall conform with such requirements as to form, contents and process as may be specified by the director of community development in the subdivision manual.

(b) Applications for lot line adjustments shall be reviewed by the subdivision committee, which shall approve, conditionally approve or disapprove the proposed lot line adjustment in writing (certificate of approval of lot line adjustment). The director of community development may determine on a case-by-case basis that the public interest would be better served by a public hearing in front of the planning commission. In such case, the lot line adjustment shall be processed per section 9-1-253, pertaining to public hearings.

(c) Any person adversely affected by the decision of the subdivision committee may appeal the decision to the planning commission by filing an appeal with the director of community development within ten calendar days of the decision. The director of community development shall bring the matter before the planning commission for hearing within 30 calendar days after the date of filing the appeal. The planning commission may affirm, conditionally affirm or reverse the decision of the subdivision committee.

(d) Any person adversely affected by the decision of the planning commission may appeal the decision to the city council by filing an appeal with the director of community development within ten calendar days of the decision. The director of community development shall bring the matter before the city council for hearing within 30 calendar days after the date of filing the appeal. The city council may affirm, conditionally affirm or reverse the decision of the planning commission.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 22, 11-5-91)

Whenever the director of community development has information indicating that real property has been divided in violation of the Subdivision Map Act or this article, he shall file for record with the county recorder a tentative 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 on the issue whether the property has been divided in violation of the Subdivision Map Act or this article.

(Ord. No. 90-11, § 13, 3-6-90)

Upon recordation of a tentative notice of violation pursuant to this subarticle, the director of community development shall bring the matter before the planning commission, which shall schedule a meeting at which evidence as to why a final notice of violation should not be recorded may be presented. The owner of the land in question shall be given at least 30 days' written notice of the meeting, unless the owner requests an earlier determination.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 23, 11-5-91)

(a) If the planning commission determines that there has been no violation as described in this subarticle, the director of community development shall file for record a release of the tentative notice of violation with the county recorder.

(b) If the planning commission determines that there has been a violation, or if within 60 days of receipt of such copy the owner of such real property fails to inform the director of his objection to recording the notice of violation, the director shall file a final notice of violation with the county recorder.

(Ord. No. 90-11, § 13, 3-6-90; Ord. No. 91-48, § 24, 11-5-91)

A notice of violation may be released by a certificate of compliance pursuant to subarticle 15 of this article.

(Ord. No. 90-11, § 13, 3-6-90)

In addition to the amendments authorized by section 66469 of the California Subdivision Map Act, and as authorized by section 66472.1 of the Subdivision Map Act, after a final tract map or final parcel map is filed in the office of the county recorder, such map may be modified by a certificate of correction or an amending map. Said modification shall meet all of the requirements of this subarticle.

(Ord. No. 98-104, § 2, 10-20-98)

The subdivision committee shall review the proposed modifications and shall make a recommendation to the city council. The following mandatory findings must be made in order to approve a modified final map:

(1) The proposed modification(s) is (are) in substantial compliance with the final map for which the modifications are proposed;

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

(3) The modification(s) does (do) not impose any additional burden on the present fee owner of the property;

(4) The modification(s) does (do) not alter any right, title or interest in the real property reflected on the recorded map; and

(5) The map as modified conforms to the required findings of approval specified in section 66474 of the California Subdivision Map Act.

(Ord. No. 98-104, § 2, 10-20-98)

After review and evaluation by the subdivision committee, the community development director shall forward the modified map along with a report stating that the mandatory findings can be met to the city engineer. The city engineer shall execute the amended map or a certificate of correction, which shall be forwarded along with the community development director's report to the city council. The city council shall conduct a public hearing in accordance with the provisions of municipal code section 9-1-150.3. The public hearing shall be confined to consideration of and action on the proposed modification(s).

(Ord. No. 98-104, § 2, 10-20-98)