Lancaster Municipal Code Art. III Final Map Approval

A. A final subdivision map is considered "filed" with the director of public works when all items necessary to present the final subdivision map for approval have been submitted as verified by the city engineer. Necessary items include but are not limited to: signatures of all title interest holders, all fees required to be paid prior to recordation, any maintenance districts to be formed or annexations required, and any other outstanding items on the "Requirement for Approval of Recorded Maps: (DPW 0045) checklist.

B. The director of public works shall consider approval of the improvement agreement and securities before approving the final subdivision map.

C. At the time of action on the final subdivision map, the director of public works shall accept, accept subject to improvement, or reject each offer of dedication made by statement on the final map. A rejected offer of dedication remains open to future acceptance under Government Code Section 66477.2 and Code of Civil Procedure Section 771.010.

(Ord. 754 § 1 (Attach. A § 11 (part)), 1999: Ord. 661 § 1 (320.000), 1994)

A. City Council Notification. When a final map is filed with the director of public works pursuant to Section 16.12.090(A), the director of public works shall notify the city clerk of the pending action on the final map. The city clerk shall provide notice of such pending action by a notice attached and posted with the agenda for the next regular meeting of the city council following the filing of the final map. Notice of the pending action on the final map shall also be mailed to all interested persons who request such notice.

B. Director of Public Works Consideration.

1. The director of public works shall approve the map if it conforms with the tentative map conditions of approval, the Subdivision Map Act, and this title. If it does not conform, the director of public works shall not approve the map. The director of public works shall make the decision within ten (10) calendar days following the city council meeting at which notification was given pursuant to Section 16.12.095(A).

2. The director of public works shall not postpone or refuse approval of the final subdivision map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off-site improvements on land which neither the subdivider nor the city has sufficient title or interest in to permit the improvements to be made. In this case, the city shall follow the procedures set forth in Government Code Section 66462.5 and Chapter 16.24, Improvements, Dedications and Reservations, of this code.

3. If the director of public works does not approve or deny the map within the prescribed time, and the map conforms to all requirements and listed under subsection (B)(1) of this section, it shall be deemed approved.

4. The director of public works may designate the city engineer to act on behalf of the director of public works to carry out the requirements of this section.

5. The decision by the director of public works to approve or deny the final map may be appealed to the city council pursuant to Section 16.04.070(B).

(Ord. 754 § 1 (Attach. A § 11 (part)), 1999)

When a final subdivision map is required to carry out a judicial partition of property which is under a Williamson Act contract, the city may not require the payment of exactions, the undertaking of improvements, or the posting of security for future performance, and may not accept any required offer of dedication until the contract terminates or is canceled as to that parcel. This deferral of exactions and dedications does not apply to fees and assessments for services which are provided to the parcel before termination or cancellation of the contract. The original applicant for the final subdivision map shall remain personally liable for deferred obligations. (Section 66411.5)

(Ord. 661 § 1 (320.010), 1994)

A. Upon completion of the appeal period for a final map approved by the director of public works, or upon approval of the final subdivision map by the city council on appeal, the city engineer and the city clerk shall execute the appropriate certificate on the map and shall, subject to the provisions of Section 66464 of the Subdivision Map Act, transmit the map, or have an authorized agent transmit the map, with appropriate fees to the county recorder for recordation.

B. After recordation, the subdivider shall provide to the city one mylar reproducible copy of the recorded final map, a microfilm card, and three blueline copies of the recorded map. No building permits other than model homes will be issued until this requirement has been fulfilled.

(Ord. 754 § 1 (Attach. A § 11 (part)), 1999: Ord. 661 § 1 (330.000), 1994)

A. The director of public works shall prepare and transmit to the city council an annual written report on the final map approval process. The purpose of the report is to allow the city council to review the delegation of final map and related authority to the director of public works. The report shall include the following information:

1. The number of final maps approved and denied;

2. Any issues that have occurred with respect to the acceptance of dedications, improvements, approval of undertaking agreements, and approval of improvement security, including any foreclosures on security;

3. The number of decisions made by the director of public works on final map matters that have been appealed to the city council;

4. Any other information deemed pertinent to the city council's review.

B. The city council shall review the information in the annual report and consider whether any modifications are necessary to the final map process.

C. The city council may, by majority vote, request a report from the director of public works at any time regarding the final map process. The director of public works shall prepare and transmit the report to the city council within thirty (30) days from the date the request was made.

(Ord. 754 § 1 (Attach. A § 11 (part)), 1999)