Lemoore Municipal Code Art. D Lot Line Adjustments

The purpose of this article is to establish the procedures for application, processing, and deciding applications for lot line adjustments between four (4) or fewer existing adjoining parcels and where a greater number of parcels than originally existed is not being created. (Ord. 2012-01, 4-17-2012)

The designated approving authority for lot line adjustments shall be the planning director. The procedure provided by this article is an alternative to the procedures provided by articles F, "Tentative Maps", and G, "Final Maps And Parcel Maps", of this chapter. Nothing stated herein shall be construed to prevent an applicant from filing a tentative map, a final map, or a parcel map for any lot line adjustment. (Ord. 2012-01, 4-17-2012)

1. A completed application form, of which the blank form shall be provided by the planning department.

2. A preliminary title report that is current and dated not more than 90 days prior to submittal of application. All items referenced within the title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting application.

3. A filing fee as established by resolution of the city council.

4. Upon filing the application, the planning department will assign the application a Lot Line Adjustment number.

5. The legal descriptions of the original parcels, with a title as Exhibit A, Lot Line Adjustment No. 20xx-xx, Existing Legal Descriptions. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761.

6. The legal descriptions of the proposed parcels, with a title as Exhibit B, Lot Line Adjustment No. 20xx-xx, Adjusted Legal Descriptions. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761.

7. One (1) copy of a map exhibit, legibly drawn on a sheet(s) eight and a half inches by eleven inches (8-1/2" x 11"), and titled Exhibit C, Lot Line Adjustment No. 202x-xx. that includes an Owner’s Statement in a format determined by the City Engineer or City Surveyor and the Planning Director, as well as the following:.

a. The entire existing boundary line of all affected parcels conforming with existing record data, with essential information as to bearings and dimensions.

b. The proposed boundary lines with dimensions and curve radii of the proposed parcels.

c. Each parcel identified with a letter, assessor parcel number, deed document number and area of each existing parcel (Existing Parcel A, Existing Parcel B etc.).

d. Each parcel identified with a letter and area of each proposed parcel (Adjusted Parcel A, Adjusted Parcel B etc.).

e. Identification, location, and dimensions of all existing and proposed improvements.

f. The names, widths, and locations of the existing and proposed public and private streets.

g. The location, width, purpose, and owners of existing easements or rights of way and all easements located to boundary, if applicable.

h. The date of application, the north arrow, scale of drawing, and assessor’s parcel number(s) of the area to be adjusted and a legend, if applicable.

i. The owner’s name, assessor parcel number, and deed document number of all adjoining parcels.

j. The location and width of watercourses and areas potentially subject to flooding, and methods of floodwater drainage control.

k. The location of existing wells and septic systems.

l. The location of structures, irrigation ditches, and railroad rights of way, if any.

m. The location and width of proposed building setbacks.

n. A small scale vicinity map portraying and orienting the boundaries of the proposed lot line adjustment with respect to surrounding areas and roads.

o. The existing use and existing zoning district of the property.

p. The proposed use and proposed zoning district of the property.

q. The method of sewage disposal, storm drainage, and source of water.

r. The location, trunk diameter, drip line location, and species name of any trees, with notations as to their retention or destruction; and any vernal pools or wetlands located on the property to be adjusted. The general description of trees and shrubs should include an indication as to their size (diameter) and type, if known.

s. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761.

B. Application Review: Applications for lot line adjustments shall be reviewed as provided in subsections 8-7B-4B, “Determination Of Completeness”, and 8-7B-4C, “Application Review And Report”, of this chapter.

C. Timely Processing: Applications for lot line adjustments shall be processed by the applicant in a timely manner. If the applicant fails to process the application to completion within one year from the date the application was first submitted, due to the applicant’s failure to respond to requests for additional information, to pay processing fees, or for any other reason, and upon written notice of the city, the application shall be deemed withdrawn. Thereafter, a new application, including the filing fee, will be needed to process the lot line adjustment.

D. Decision By The Approving Authority: A decision on the application for lot line adjustment shall be made by the designated approving authority after review and recommendation by the public works director and city engineer. The application shall be decided within the time limits described in this chapter and the subdivision map act.

E. Conditions Of Approval: In deciding applications for lot line adjustments, the designated approving authority may impose conditions on the approval of the application. In accordance with section 66412(d) of the subdivision map act, the conditions imposed shall be limited to:

1. Ensuring conformity to the city’s general plan, any applicable specific plan, the zoning code, and the city’s adopted building code.

2. Requiring the prepayment of real property taxes.

3. The relocation of existing utilities, infrastructure, or easements.

F. Findings: The designated approving authority shall approve a lot line adjustment sought pursuant to this article if the designated approving authority finds:

1. That the lot line adjustment will not result in the abandonment of any street or utility easement of record, and that, if the lot line adjustment will result in the transfer of property from one owner to another owner, the deed to the subsequent owner expressly reserves any street or utility easement of record.

2. That the lot line adjustment will not result in the elimination or reduction in size of the accessway to any resulting parcel, or that the application is accompanied by new easements to provide access which meet all the city requirements regarding access to parcels in the location and of the size as those proposed to be created.

3. That the resulting parcels conform to the requirements of the city’s general plan, any applicable specific plan, the city’s adopted building code, and the city’s zoning code. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

The applicant or any interested person adversely affected by any action of the designated approving authority on a lot line adjustment may, within 10 days after the decision, appeal the decision consistent with subsection 8-7B-4E, “Appeals”, of this chapter. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

Pursuant to section 66412(d) of the subdivision map act, the lot line adjustment shall be reflected in perfecting deeds. The perfecting deeds shall be in a form satisfactory to the county recorder. It shall be submitted to the planning department for a determination that the perfecting deeds complies with the approved lot line adjustment. The approved perfecting deeds shall thereafter be forwarded by the planning department to the county recorder’s office for recording. The applicant shall pay all recording fees. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

If a field survey was conducted or if monuments are set at the new parcel lines, a record of survey shall be required pursuant per the Professional Land Surveyor’s Act, Section 8762 of the Business and Professions Code, unless the boundary is monumented as part of a land division with a recorded map. (Ord. 2023-11, 9-19-2023)

ARTICLE E. VOLUNTARY PARCEL MERGER

SECTION:

The purpose of this article is to provide a simplified procedure to allow for the removal of previously approved parcel lines and the merger of contiguous parcels under common ownership at the request of the property owner, pursuant to section 66499.203/4 of the subdivision map act. The procedure provided by this article is an alternative to the procedures provided by articles F, "Tentative Maps" and G, "Final Maps And Parcel Maps", of this chapter. Nothing stated herein shall be construed to prevent an applicant from filing a tentative map and a final map or parcel map for any merger. (Ord. 2012-02, 6-5-2012)

Pursuant to section 66499.203/4 of the subdivision map act, the planning commission is authorized to approve the merger requested by the property owner of contiguous parcels under common ownership without reversion to acreage, upon making the findings and utilizing the procedures set forth in this chapter. The city clerk shall cause an instrument to be recorded as evidence of a merger approved under this article. (Ord. 2012-02, 6-5-2012; amd. Ord. 2023-11, 9-19-2023)

A. Application: An application for a merger pursuant to this article may be made by owners of all affected parcels or individuals authorized by the owner(s) to make an application. Such application shall be filed with the planning department and shall include the following information, materials, and documents to the satisfaction of the city:

1. A completed application form, of which the blank form shall be provided by the planning department.

2. A filing fee as established by resolution of the city council.

3. A preliminary title report that is current and dated not more than 90 days prior to submittal of application. All items referenced within the title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting application.

4. The legal descriptions of the existing parcels, with a title as Exhibit A, Voluntary Parcel Merger No. 20xx-xx, Existing Legal Descriptions. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761. Upon filing the application, the planning department will assign the application a Voluntary Parcel Merger number.

5. One (1) copy of a map, legibly drawn on a sheet(s)eight and one half (8½) inches by 11 inches, that includes all of the following information:

a. The entire existing boundary line of all affected parcels conforming with existing record data, with essential information as to bearings and dimensions.

b. The proposed merged boundary lines with dimensions and curve radii and area of the merged parcel.

c. Each existing parcel identified with a letter, assessor parcel number, deed document number and area of each parcel.

d. The names, widths, and locations of the existing public and private streets.

e. The location, width, purpose, and owners of existing easements or rights of way with all easements located to boundary, if applicable.

f. The north arrow, scale of drawing and a legend, if applicable.

g. The owner’s name, assessor parcel number and deed document number of all adjoining parcels.

h. The location of building structures with building setbacks measured from the merged parcel boundaries.

i. A small scale vicinity map portraying and orienting the boundaries of the voluntary parcel merger boundary with respect to surrounding areas and roads.

j. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761.

6. A perfecting deed, which will record when the Notice of Voluntary Parcel Merger is approved.

B. Application Review: Applications for voluntary parcel mergers shall be reviewed as provided in subsections 8-7B-4B, “Determination Of Completeness”, and 8-7B-4C, “Application Review And Report”, of this chapter.

C. Timely Processing: Applications for voluntary parcel mergers shall be processed by the applicant in a timely manner. If the applicant fails to process the application to completion within one year from the date the application was first submitted, due to the applicant’s failure to respond to requests for additional information, to pay processing fees, or for any other reason, and upon written notice of the city, the application shall be deemed withdrawn. Thereafter, a new application, including the filing fee, will be needed to process voluntary parcel merger.

D. Decision By The Approving Authority: A decision on the application for voluntary parcel merger shall be made by the designated approving authority after review and recommendation by the public works director and city engineer. The application shall be decided within the time limits described in this chapter and the subdivision map act.

E. Findings: The designated approving authority shall not approve a Voluntary Parcel Merger pursuant to this article unless it makes all of the following findings:

1. That all required street, access, and utility easements are in place.

2. That the resulting parcel conforms to the requirements of this chapter, the city’s general plan, any applicable specific plan, the city’s zoning code, and the city’s building code. (Ord. 2012-02, 6-5-2012; amd. Ord. 2023-11, 9-19-2023)

The applicant or any interested person adversely affected by any action of the designated approving authority on a merger may, within ten (10) days after the decision, appeal the decision consistent with subsection 8-7B-4E, "Appeals", of this chapter. (Ord. 2012-02, 6-5-2012)

The merger of contiguous parcels under common ownership shall be recorded in a Notice of Voluntary Merger form satisfactory to the county recorder. It shall be submitted to the planning department for a determination that the final documentation complies with the approved merger. The perfecting deed shall be submitted to the planning department for a determination that the final documentation complies with the approved merger. The approved final documentation shall thereafter be forwarded by the planning department to the county recorder’s office for recording. The applicant shall pay all recording fees. (Ord. 2012-02, 6-5-2012; amd. Ord. 2023-11, 9-19-2023)

ARTICLE F. TENTATIVE MAPS

SECTION:

The purpose of this article is to establish the city's regulations, standards, and procedures for consideration of tentative subdivision map and tentative parcel map application. (Ord. 2012-01, 4-17-2012)

For every subdivision for which a tentative map is required pursuant to article C, "Division Of Land; Required Maps", of this chapter (e.g., tentative subdivision map, tentative parcel map), the subdivider shall file with the city a tentative map prepared in accordance with the provisions of this article. (Ord. 2012-01, 4-17-2012)

Prior to submitting a tentative map application, the subdivider may schedule a preapplication meeting with the planning director, or his or her designated representative, with any applicable fees, to discuss the proposed subdivision. At the preapplication meeting, the subdivider shall have an opportunity to discuss physical conditions, facts, and policies affecting the proposed subdivision. The subdivider may also present for review a preliminary map showing approximate lot lines, proposed street alignments, or other features of the proposed subdivision. The planning director or representative shall inform the subdivider of the city's policies, general plan, zoning, fees, and infrastructure and development standards that may pertain to the proposed subdivision and may make recommendations concerning modifying improvements and/or design of the proposed division of land. (Ord. 2012-01, 4-17-2012)

A. Application Components: A subdivider seeking approval of a tentative subdivision map or tentative parcel map (as required by this chapter) shall file an application for tentative map approval consistent with the requirements of this chapter. The application shall consist of the following components:

1. A completed application form, of which the blank form shall be provided by the planning department.

2. One (1) copy of the tentative map, consistent with the requirements of this section.

3. A filing fee as established by resolution of the city council.

4. A preliminary title report, showing the legal owners at the time of the filing of the tentative map and prepared not more than 90 days prior to the submittal of the application.

5. All items referenced within the preliminary title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting application.

6. The following drawings, statements, and other data, and as many additional copies thereof as may be required, shall be filed on or with the tentative map:

a. A vicinity or key map of appropriate scale and covering sufficient adjoining territory so as to clearly indicate nearby street patterns, major access streets, property lines, other adjacent properties in the subdivider’s ownership, and other significant features which will have a bearing upon the proposed subdivision and its location and relationship to surrounding areas.

b. A statement of existing and proposed zoning and existing and proposed uses of the property with the approximate areas of the proposed uses by type and the total area of the subdivision.

c. A soils report and map, when specifically requested by the city due to questionable site specific soil conditions. A preliminary soils report, prepared by a civil or geotechnical engineer registered in the state and based on adequate test borings or excavations. At least three (3) test borings shall be done for subdivisions of up to three (3) acres, and thereafter at least one test boring shall be done for each additional three (3) acres or fraction thereof. If the preliminary soils report indicates the presence of critically expansive soils, or other soil problems which, if not corrected, could lead to structural defects, the soils report accompanying the final subdivision map shall contain an investigation of each lot within the subdivision. If the preliminary soils report indicates the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials to corrode or deteriorate, a soils investigation of each potentially affected lot in the subdivision may be required. The city engineer may require additional information or reject the report if he determines it to be incomplete, inaccurate, or unsatisfactory. Percolation test(s) shall be conducted for each lot on which a private sewer system is proposed. A soils map showing lots and location of test bores and percolation tests shall be submitted with the soils report. The soils report shall include recommendation by the civil engineer on any corrective action(s) likely to prevent structural damage to each structure proposed to be constructed in the area where soil problem exists.

d. A preliminary grading plan. Submission of the preliminary grading plan may be waived by the city engineer when he or she determines that the submission of said plan is not required for proper grading, flood hazard mitigation, and erosion control of the proposed subdivision.

e. All other data required as a prerequisite to approval of the tentative map, including plans, reports, fees, or other requirement.

B. Preparation And Form Of Tentative Map:

1. The tentative map shall be clearly and legibly drawn and shall be drawn to scale by or under the direction of a licensed land surveyor and/or registered civil engineer authorized to practice land surveying. The scale of the map shall be at least one inch equals one hundred feet (1" = 100'). If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly shown on each. No single sheet, when printed at scale, shall exceed 24 inches in length and 36 inches in width. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the tentative map along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761.

2. The city engineer may, in his or her sole discretion, waive the requirements that the tentative map be prepared by a licensed land surveyor and/or registered civil engineer authorized to practice land surveying if the city engineer finds that the tentative map submitted is clearly and legibly drawn, drawn to scale, and satisfies the requirements of subsections C and D of this section. The decision to waive or not waive the foregoing requirement shall be final and not subject to appeal.

C. Information On Tentative Map: The tentative map shall contain the following information in addition to such information as is required by the subdivision map act:

1. Proposed subdivision name and county tract number, if any.

2. Names, addresses, and telephone numbers of the record owner(s) and subdivider(s) of the land.

3. Name, address, and telephone number of the person, firm, or organization that prepared the map, and the applicable registration or license number.

4. Date of preparation, north point, and scale of the map. If based on a survey, the date of the survey.

5. Boundaries of the subdivision with sufficient information to locate the property.

6. Name of adjacent subdivisions, if any, and property lines sufficient to show their relationship to the proposed subdivision. Identify adjoining properties with owner name, assessor parcel number and deed document reference.

7. Contour lines at intervals of not more than one foot (1') unless waived prior to submission by the city engineer. Topographic information shall be sufficient to fully show the configuration of the land and any and all depressions that present drainage problems, and shall extend beyond the tract boundaries where necessary to show drainage conditions on surrounding property which may affect the subdivision. Topographic survey shall not be waived in areas within the 100-year flood hazard boundary as shown on the most current flood insurance rate map prepared by the federal emergency management agency, along with any approved revisions thereto.

8. The approximate location and general description of any trees and shrubs, and their drip lines if known, with notations as to their retention or destruction; and any vernal pools or wetlands located on the property to be subdivided. The general description of trees and shrubs should include an indication as to their size (diameter) and type, if known.

9. The location of all railroad rights of way and grade crossings; approximate locations of all existing wells, abandoned wells, and sumps; and an indication of any physical restrictions or conditions in the subdivision which affects the use of the property.

10. The location of all structures on the site or on adjacent properties; the distances between structures to be retained and existing or proposed street and lot lines; and notations concerning all structures which are to be removed.

11. The location and width of existing and proposed building setbacks.

12. The locations shown by hatched lines of existing utilities in and adjacent to the subdivision; the size and location of sanitary and storm sewers; the size of water mains; and, if sewers and water mains are not in or adjacent to the subdivision, the direction and distance to the nearest sewer and water main with size and invert elevation of sewer and size of main, and the proposed method of providing sewage disposal.

13. The location of all potentially dangerous areas, including geologically hazardous areas and areas subject to inundation or flood hazard; the location, width, and directions of flow of all watercourses and flood control channels within and adjacent to the property involved; and the proposed method of providing stormwater, drainage, and erosion control. In areas subject to 100-year flood hazard, base flood elevation and floodway boundary shall be indicated. The location and statement of FEMA flood zone information.

14. The locations, widths, and names or designations of all existing or proposed streets, alleys, pedestrian ways, and other rights of way, whether public or private, within and adjacent to the subdivision; the radius of each centerline curve; and any planned line for street widening or for any other public project in and adjacent to the subdivision.

15. The lines and approximate dimensions of all lots, and the number assigned to each lot; the total number of lots; and the approximate area of the average lot.

16. The total area in square footage or acreage to the nearest one-tenth (1/10) acre of each lot proposed to be utilized for other than single-family or two- family housing.

17. The boundaries of existing and proposed public areas in and adjacent to the subdivision, with the nature of each indicated thereon with the acreage thereof. If land is to be offered for dedication for park or recreation or landscape perimeter purposes it shall be so designated and labeled as outlots (e.g., outlot A, outlot B, outlot C).

18. All street rights of way and public easements proposed for abandonment with the final map pursuant to section 66477.2(c) of the subdivision map act shall be clearly shown, or clearly listed on the map in cases where the specific location of the easement cannot be determined. Such abandonments shall be listed in the public notice required under subsection 8-7B-4D, “Public Hearing And Public Notice”, of this chapter and following proper abandonment proceedings under chapter 3 of division 9 of the Streets And Highways Code commencing with section 8320.

19. If separate final or parcel maps are to be filed on portions of the property shown on the tentative map, the subdivider shall provide notice to the city at either: a) the time the tentative map application is filed, or b) after the filing of the tentative map. The right of the subdivider to file multiple final maps shall not limit the ability of the city to impose reasonable conditions relating to the filing of multiple final maps.

D. Additional Information To Be Provided For Condominium Conversions: When a tentative map includes a condominium conversion, the application for tentative map shall also include all of the following information:

1. The following information shall be shown on the tentative map, or in a separate document, or one or more separate map sheets:

a. The entire site with dimensions.

b. Footprints of all units with dimensions, and a block number and letter identifying each unit.

c. The right of way and roadway width of all public and private streets within or adjacent to the site.

d. The dimensions of commercial driveways within the site.

e. All existing and proposed parking spaces, together with dimensions.

f. Existing and proposed landscaping with common names of the trees.

g. Location and type of existing and proposed outdoor lighting.

h. Sidewalks within and adjacent to the site together with dimensions.

i. Location, height, and material of any existing and proposed walls, fences, and hedges.

2. The following documents and information shall be submitted with the tentative map application for a condominium conversion:

a. A statement of repairs and improvements to be made by the subdivider to refurbish and restore the building and other structures to achieve compliance with applicable codes.

b. A copy of the declaration of covenants, conditions, and restrictions required by state law, which will apply to all owners of the proposed condominium units.

c. Square footage and number of rooms in each unit.

d. Evidence that all written notifications required by section 66427.1 of the subdivision map act have been delivered to the existing tenants of the property. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

A. General Application Review And Processing: The designated approving authority shall approve, conditionally approve, or deny the tentative map within fifty (50) days of the date of certification of the EIR, adoption of a negative declaration, or a determination that the project is exempt from the requirements of CEQA. The planning director shall thereafter report the decision of the approving authority to the subdivider. Pursuant to section 66412.3 of the subdivision map act, in reaching a decision upon the tentative map, the approving authority shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources. Except as provided otherwise by the subdivision map act, failure to act within the above specified time limits shall be deemed or considered approval of the tentative map.

B. Approval And Application Of Conditions: The tentative map may be approved or conditionally approved by the approving authority if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of this chapter. The approving authority may require that, as a condition of approval, the subdivider pay all required development impact fees at the rate for such fees in effect at the time such fees would normally be levied (e.g., building permit issuance). The approving authority may modify or delete any of the conditions of approval recommended in the planning director’s report. The approving authority may add additional requirements as a condition of its approval.

C. Findings For Denial: Except as otherwise required by state or federal law, the approving authority shall deny approval of the tentative map if it makes any of the following findings:

1. That the proposed map, together with the provisions for its design and improvement, is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this code.

2. That the site is not physically suitable for the type of development.

3. That the site is not physically suitable for the proposed density of development.

4. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the designated approving authority may approve such a tentative map if any environmental impact report was prepared with respect to the project and a finding was made pursuant to section 21081(c) of CEQA that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

5. That the design of the subdivision or the type of improvements are likely to cause serious public health problems.

6. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the designated approving authority may approve a map if it finds 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. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is granted to the planning commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

7. Subject to section 66474.4 of the subdivision map act, that the land is subject to a contract entered into pursuant to the California land conservation act of 1965 (commencing with section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.

D. Appeal: The decision of the designated approving authority may be appealed as provided in subsection 8-7B-4E, “Appeals”, of this chapter. (Ord. 2012-01, 4-17-2012)

Requests for withdrawal of any application for tentative map shall be submitted to the planning director in writing unless made at a public hearing on the tentative map. (Ord. 2012-01, 4-17-2012)

No application for a tentative map approval shall be accepted, nor any hearings held thereon, for an application for the same or substantially same tentative map that has been previously denied until a period of one year has elapsed from the date of the final denial of the application by the body having final jurisdiction of the matter. (Ord. 2012-01, 4-17-2012)

A. Revisions Or Amendments Generally: Unless deemed by the city engineer to be in substantial compliance with the approved tentative map, any request to revise or amend an approved or conditionally approved tentative map shall be deemed an application for a new tentative map. Such new tentative map shall be processed in conformance with the requirements of this chapter in effect at the time such revised map is filed, including any changes in street standards which have become effective since the original tentative map was filed. The approval or conditional approval of any revised tentative map shall void all prior approved tentative maps.

B. Amendment Of Conditions Of Approval: A subdivider may apply for a revision or amendment to the conditions of approval for a conditionally approved tentative map, provided there is no proposed change to the layout or design of the subdivision or modifications in the proposed lot sizes. Modification of the conditions on a conditionally approved tentative map shall not extend the time limits imposed by this chapter or the subdivision map act. (Ord. 2012-01, 4-17-2012)

A. Initial Life: Except as provided in section 8-7F-10, "Time Extension", of this article, the approval or conditional approval of a tentative map shall expire twenty four (24) months after the date of approval by the designated approving authority. This twenty four (24) month period shall be referred to as the "initial life".

B. Effect Of Expiration: Expiration of an approved or conditionally approved tentative map (including any extensions) shall terminate all proceedings, and no final map of all or any portion of real property included within the tentative map shall be filed without first processing a new tentative map application. (Ord. 2012-01, 4-17-2012)

The initial life of an approved or conditionally approved tentative map may be extended in any of the following ways, or as otherwise provided by the subdivision map act:

A. Discretionary Extension: Prior to the expiration of an approved or conditionally approved tentative map, the subdivider may file a written application for an extension of the expiration date. The process for submission, review, and consideration of the request for extension shall be as follows:

1. The application shall be filed with the planning director. The application shall include the following information:

a. A completed application form, of which the blank form shall be provided by the planning department;

b. Tentative map number and county tract number of the subject subdivision and/or other unique information used to reference the approved tentative map;

c. Requested period of extension;

d. Reasons for seeking extension including facts showing why the requirements for recording a final map cannot be completed within the period provided;

e. A description of all efforts made to date to record the final map and the current status of the project; and

f. A description of what remains to be done to record the final map and what steps the subdivider proposes to complete the required subdivision improvements.

2. Upon receipt of this application, the approval of the tentative map shall automatically be extended for sixty (60) days or until the application for the extension is approved or denied, whichever occurs first.

3. The designated approving authority for requests for extension of a tentative map shall be the planning commission. In accordance with the subdivision map act and case law, the designated approving authority may not impose additional conditions on the tentative map as part of the approval of a discretionary extension. However, the designated approving authority may add or amend conditions based on any changed circumstances or new city policies with the consent of the applicant.

4. The process for review and processing the request for extension shall be the same as provided in section 8-7F-5, "Tentative Map Process And Procedures", of this article.

5. The tentative map may be extended for a period or periods not exceeding a total of six (6) years as provided in section 66452.6 of the subdivision map act.

6. The designated approving authority shall deny the request for extension if the approving authority makes a finding that the granting of the extension will create a negative impact to the public health, safety, or welfare.

7. If the designated approving authority denies a subdivider's application for an extension, the subdivider may appeal the decision within 15 days in accordance with the provisions of subsection 8-7B-4E, "Appeals", of this chapter.

B. Filing Of Multiple (Phased) Final Maps: If multiple final maps are to be filed for the subdivision pursuant to the subdivision map act, and if the subdivider is required to spend more than $236,790.00 or any greater amount pursuant to section 66452.6 of the subdivision map act, to construct, improve, or finance (e.g., payment of impact fees) the construction of public improvements that are located outside the property boundaries of the tentative map, excluding improvements of public rights of way which abut the property to be subdivided and which are reasonably related to the development of the property, each filing of a final map shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, or the date of the previously filed (recorded) final map, whichever is later but in no event more than 10 years from such approval or conditional approval.

As provided in section 66452.6(a)(3), “public improvement” shall include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. Examples include, but are not limited to, roadway improvement projects that are conditioned as part of project approval but do not occur within the boundaries or along the perimeter of the project.

C. Development Agreement: In accordance with section 66452.6(a)(1) of the subdivision map act, a tentative map on a property subject to a statutory development agreement between the city and the subdivider (or any successor in interest) may extend the life of the tentative map for a period of time as specified in the development agreement, which period shall not exceed the term of the development agreement itself.

D. Development Moratorium: In accordance with section 66452.6(b)(1) of the subdivision map act, the initial life of an approved or conditionally approved tentative map shall not include any time during which a development moratorium, imposed after approval or conditional approval of the tentative map, is in effect. However, the length of the moratorium will not exceed five (5) years.

E. Litigation: In accordance with section 66452.6(c) of the subdivision map act, upon approval by the city, a pending lawsuit involving the approval or conditional approval of a tentative map shall stay the life of a tentative map for up to five (5) years. The subdivider may submit an application to the city requesting the stay. The procedures for considering and taking action upon the request for the stay shall be as provided in subsection A, “Discretionary Extension”, of this section. The city shall take action on the request to deny the stay within forty (40) days of receipt of the subdivider’s application. The city shall not impose conditions upon the approval of a request for stay.

F. Special Legislative Extensions: On occasion, the California legislature has adopted statutory extensions to tentative maps. Examples include, but are not limited to, the following specific references. Any additional extensions that are adopted by the legislature in the future are hereby incorporated into this code by reference. The city shall honor any applicable extension provided by the legislature.

1. Section 66452.21 of the subdivision map act, providing a 12-month extension to all tentative maps that have not expired as of July 15, 2008, and would expire before January 1, 2011.

2. Section 66452.22 of the subdivision map act, providing a 24-month extension to all tentative maps that have not expired as of July 15, 2009, and would expire before January 1, 2012.

3. Section 66452.23 of the subdivision map act, providing a 24-month extension to all tentative maps that have not expired as of July 15, 2011, and would expire before January 1, 2014.

4. Section 66452.24 of the subdivision map act, providing a 24-month extension to all tentative maps that were approved on or after January 1, 2000, and would expire before July 11, 2013.

5. Section 66452.25 of the subdivision map act, providing a 24-month extension to all tentative maps that were approved on or after January 1, 2002, and not later than July 11, 2013, and would expire October 10, 2015.

6. Section 66452.26 of the subdivision map act, providing a 24-month extension to all tentative maps that were approved on or after January 1, 2006, and not later than July 11, 2013, and would expire January 1, 2021.

7. Section 65914.5 of the government code , providing an 18-month extension to certain housing entitlements, including tentative maps, that were approved prior to March 4, 2020, and would otherwise expire prior to December 31, 2021. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

ARTICLE G. FINAL MAPS AND PARCEL MAPS

SECTION:

The purpose of this article is to establish the process for preparing, reviewing, and approving final maps and parcel maps. (Ord. 2012-01, 4-17-2012)

Within 24 months of the date of approval or conditional approval of the tentative map, or within any further time period for which an extension has been granted or made as a matter of law, the subdivider may cause the proposed subdivision or any part thereof to be surveyed and a final map or parcel map to be prepared and recorded in accordance with the provisions of this article and the subdivision map act. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

A. Preparation Of Final Map Or Parcel Map: The final map or parcel map shall be prepared by or under the direction of a licensed land surveyor or registered civil engineer authorized to practice land surveying, shall be based upon a survey, in the manner required by this article and the subdivision map act.

Three (3) draft copies shall be submitted to the city for review by the planning director, public works director, and city engineer for their accuracy prior to calling for final mylar versions for recording.

B. Final Map Or Parcel Map Description And Contents:

1. Description:

a. The final map or parcel map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on mylar. Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

b. The size of each sheet shall be 18 inches by 26 inches or 460 millimeters by 660 millimeters, leaving an entirely blank margin of one (1) inch or 25 millimeters. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication, and seals required by law and by this chapter shall appear on the first sheet and may be combined where appropriate.

2. Information Required:

a. Index And Location Map:

(1) If more than two (2) sheets are used to show the actual layout of the streets and lots, an index map shall be used showing the relationship of the sheets.

(2) A location map shall appear on the map, showing the relative position of the land to be subdivided with the surrounding existing subdivisions with their recorded map reference, including their names and tract numbers. The location map shall show city boundaries crossing or adjoining the subdivision.

b. Subdivision Name; Exterior Boundaries: The subdivision name, if one is used, and the tract number shall conspicuously appear on each sheet of the final map or parcel map. On the first sheet, there shall be a full legal description of the exterior boundaries of the area subdivided and an abbreviated legal description shall be shown below the name of the final map or parcel map. The exterior boundary of the land to be divided shall be indicated by a border one-eighth (1/8) of an inch in width.

c. Lots And Blocks: Each lot shall be numbered or lettered consecutively beginning with lot number 1; except that when the final map or parcel map is an additional phase of an existing subdivision, the lot numbers shall commence with the next number higher than in the preceding phase. The area of each lot shall be shown on the final map or parcel map.

Blocks, if used, shall be consecutively lettered or numbered. Each block and each parcel shall be shown completely on one sheet.

d. Public Dedications: The final map or parcel map shall show the width, location, proper reference to record information shall be stated and names without abbreviation or other sufficient designation of the following:

(1) New streets.

(2) Public areas and easements.

(3) Adjoining streets.

(4) All other existing streets, easements, rights of way, and other real property interests to be dedicated for public purposes.

e. Technical Information:

(1) Dimensions of all lot lines, subdivision perimeter, and centerline of streets shall be in feet and decimals thereof to the nearest one- hundredth (1/100) of a foot and bearings to the nearest second. If a course is a curve, the radius, length of curve or bearing and length of chord, and central angle shall be shown. If the ends of a curve are not tangent to the preceding or following courses and the chord along with its bearing and length are not shown, the radial of the end of the curve, with its bearing, shall be shown.

(2) All required information shall be shown in full for all portions of the map. No ditto marks shall be used with respect to any required information.

(3) The width of each street right of way shall be shown indicating the widths on each side of the centerline. If additional right of way for an existing street is offered for dedication, the original right of way and the additional right of way width offered for dedication shall be shown along with the total width of the new right of way.

f. Record Of Easements: The final map or parcel map shall show the location, width, and sidelines of all easements to which the lots are subject. Easements for storm drains, sewers, and other purposes shall be denoted by broken lines. Each easement shall be clearly labeled and identified, and if already of record, proper reference to the record information shall be stated. Easements being offered for dedication shall be so indicated in the statement of dedication.

g. Abandonment Of Public Streets And Easements: The final map or parcel map shall adequately delineate any public streets or public easements to be left in effect after the subdivision. The filing of the final map or parcel map shall constitute abandonment of all public streets and public easements not shown on the final map or parcel map, provided that a written notation of each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified to on the map by the city clerk. Before a public easement vested in another public entity may be abandoned pursuant to this subsection, the city shall notify that public entity of the proposed abandonment. The city shall submit with the final map or parcel map written verification that the public entity has received the notice. No public easement vested in another public entity shall be abandoned pursuant to this subsection if that public entity objects to the proposed abandonment. Off-site abandonments shall follow the procedures for abandonment established in chapter 3 of division 9 of the Streets And Highways Code, commencing with section 8320. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

The title sheet of the final map or parcel map shall contain those certificates required by the subdivision map act. It shall also contain any other certificates and statements as outlined below.

A. Owner’s Statement: Subject to Section 66436 of the Subdivision Map Act, a statement signed by all parties having record title interest in the land subdivided, consenting to the preparation and recordation of the map and dedication to the public, subject to Section 66439(d), of specific parcels or easements in a format determined by the City Engineer or City Surveyor and the Planning Director.

B. Engineer’s or Surveyor’s Statement: A statement signed by the engineer or surveyor responsible for preparation of the final map or parcel map, as provided in Section 66441 of the Subdivision Map Act in a format determined by the City Engineer or City Surveyor and the Planning Director.

C. City Engineer’s and City Surveyor’s Statements: A statement, signed and sealed by the city engineer and city surveyor (as required by Section 66442 of the Subdivision Map Act), that the map was examined by him and the subdivision as shown is substantially the same as it appeared on the approved tentative map and, if required, any approved alterations thereof, and that all the provisions of the Subdivision Map Act and any local ordinance applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the map is technically correct, in a format determined by the City Engineer or City Surveyor and the Planning Director.

D. Tax Collector’s Statement: A statement signed by the county tax collector, stating that all due taxes and special assessments collected as taxes have been paid or that a bond or other security assuring the payment of all taxes or special assessments collected as taxes which are liens but are not yet payable, has been filed with the county, in a format determined by the City Engineer or City Surveyor and the Planning Director.

E. Approving Authority’s Statement: A statement signed by the secretary or clerk of the designated approving authority, indicating the date of the meeting on which the tentative map was approved and a reference to the resolution approving the tentative map, in a format determined by the City Engineer or City Surveyor and the Planning Director.

F. City Clerk’s Statement: If any real property is offered for dedication for public use on the final map or parcel map or by a separate instrument, a statement signed by the city clerk shall be provided on the final map or parcel map stating that the city council approved the map and accepted, accepted subject to improvement, or rejected on behalf of the public the real property offered for dedication, in a format determined by the City Engineer or City Surveyor and the Planning Director.

G. Recorder’s Certificate: The following certificate shall be located in the lower right corner of the first certificate sheet and shall be completed by the county recorder upon recordation of the final map or parcel map in a format determined by the City Engineer or City Surveyor and the Planning Director.

H. Restrictions Statement: Any previously existing nonstandard easements or documents that restrict the use of the land recorded previously or concurrently with the map must be listed in the restrictions section of the cover page with recording date, document number, and county of record. Pursuant to Section 66411.1 of the Subdivision Map Act, any requirements for the construction of off-site and on-site improvements shall be noticed on the face of the map.

I. Owners of Interest Statement: If necessary, the following statement shall be included on final maps and parcel maps if the owners will not have an interest that may ripen into a fee title in a format determined by the City Engineer or City Surveyor and the Planning Director.

J. Notary Public Certificate: Where certificates or statements required by this Section or the Subdivision Map Act require a notary public certificate per Civil Code 1189, the following certificate shall be used in a format determined by the City Engineer or City Surveyor and the Planning Director. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

A complete and accurate survey of the land to be subdivided shall be made by a licensed land surveyor or registered civil engineer authorized to practice land surveying in accordance with the provisions of article K, “Survey And Monuments”, of this chapter. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

The subdivider shall cause all certificates and statements to be executed except those to be executed by the city engineer, city surveyor, city clerk, planning commission, tax collector, and the county recorder, and shall file the following with the planning director:

A. Four (4) copies of the final map or parcel map, each conforming to the requirements of section 8-7G-3, “Preparation And Form Of Final Map Or Parcel Map”, of this article.

B. Copy of approved tentative map and conditions of approval.

C. Closure calculations and other survey information.

D. A current preliminary title report pertaining to the real property proposed to be subdivided. The title report shall be dated not more than ninety (90) days prior to the submittal of the final map or parcel map application.

E. A title guarantee by a qualified title company, for the benefit of the city, certifying that the signatures of all persons whose consent is necessary to pass clear title to the land and all acknowledgments appear on the proper certificates and are correctly shown on the map and affidavits to dedication.

F. Copies of record maps and record documents used as reference map submitted.

G. Draft copies of any off site easements or rights of way required.

H. Improvement plans, and engineer’s cost estimate for such, when applicable as outlined in section 8-7M-2, “Improvement Requirements And Plans”, of this chapter.

I. The application review fee as established by resolution of the city council. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

Upon submittal of the final map or parcel map and accompanying documents, offers of dedication, offers of deed, offers of easement, fees, and materials for filing, the city engineer shall cause the same to be examined, and if found to be in substantial conformity with the approved tentative map and all amendments, conditions, modifications, and provisions made or required by the designated approving authority, and if found to be complete, technically correct, in conformity with improvement plans and specifications, and in compliance with the requirements of these regulations, planned street lines, and other applicable specific plans and ordinance, shall forward the same to the planning director for review and further action.

Should the map or other accompanying documents, fees, or materials be found to be incomplete or incorrect in any respect, the subdivider shall be advised in writing, by mail, of the changes or additions that must be made before the map may be certified. If the defect is the result of a technical and inadvertent error which, in the opinion of the city engineer, does not materially affect the validity of the map, the city engineer may waive the defect and forward to the city council.

The city engineer may recommend against approval of the recording a portion of a final map or parcel map when, in the process of checking the final map or parcel map, he determines that said portion does not by itself provide adequate or satisfactory access, design, or improvements and therefore does not conform to the design and improvement of the subdivision as indicated by the approved tentative map, if applicable. (Ord. 2012-01, 4-17-2012)

The planning director shall review the final map or parcel map to determine its compliance with the approved tentative map and the conditions of approval imposed by the designated approving authority. If the director determines that the final map or parcel map is in compliance with the approved tentative map, that all conditions of approval have been met or performed, and that the final map or parcel map has been recommended for approval by the city engineer, the director shall present it to the council with his or her recommendation. If a subdivision improvement agreement is proposed, it shall be presented to the council in the same meeting as the final map or parcel map. (Ord. 2012-01, 4-17-2012)

A. Generally: The city engineer shall execute the city engineer’s certificate on the final map or parcel map before forwarding to the city council for their acceptance.

The city council shall consider the final map or parcel map and any associated offers of dedication, deed, and easement at the meeting at which it receives the final map or parcel map or at its next regular meeting after the meeting at which it receives the final map or parcel map. The city council shall review the final map or parcel map and approve it if it conforms to the approved or conditionally approved tentative map and if all requirements and conditions imposed on the subdivision pursuant to this chapter or the subdivision map act have been met or performed. If the final map or parcel map does not conform, the city council shall disapprove the map. The city council shall also accept, accept subject to improvement, or reject any or all offers of dedication in conformance with the approvals for the tentative map and the provisions of this chapter and the subdivision map act.

If improvements required under the terms of this chapter or as a condition of approval have not been completed, the city council shall provide for such improvements by approving a subdivision improvement agreement. No final map or parcel map shall be certified until the required improvements have been installed or agreed to be installed in accordance with article M, “Improvements”, of this chapter and appropriate surety has been provided to the satisfaction of the city. The city manager is authorized to execute subdivision improvement agreements, as permitted by section 66462(d) of the subdivision map act, in accordance with the city’s standard subdivision agreement.

No public hearing shall be required, and no public notice shall be required for review, consideration, and action by the city council on a final map or parcel map, offers of dedication, deed, and easement, or improvement agreement.

As permitted by section 66458(d) of the subdivision map act, the city may accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map.

B. Determinations For Condominium Conversions: No final map or final parcel map for a condominium conversion shall be approved unless all the following determinations are made:

1. Each existing tenant has received notification of intent to convert, pursuant to subsection 8-7F-4D of this chapter and section 66452.9 of the subdivision map act, at least sixty (60) days prior to the filing of the tentative map or tentative parcel map.

2. Each existing tenant and each person applying for rental of a unit in the project has, or will have, received all applicable notices and rights required by chapter 2 or 3 of the subdivision map act.

3. Each tenant has, or will have, received ten (10) days’ written notice that an application for a public report will be, or has been, submitted to the California department of real estate and that such report will be available on request.

4. Each tenant of the proposed condominium conversion has been, or will be, given written notification within ten (10) days of approval of a final map.

5. Each tenant has been, or will be, given at least one hundred eighty (180) days written notice of intention to convert before tenancy is terminated due to the conversion or proposed conversion.

6. Each tenant has been, or will be, given notice of an exclusive right, pursuant to section 66427.1(d) of the subdivision map act, to contract for the purchase of such tenant’s unit on the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

Multiple final maps or parcel maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if: a) the subdivider, at the time the tentative map is filed, informs the planning director of the subdivider's intention to file multiple final maps or parcel maps on such tentative map, or b) after filing of the tentative map, the city and the subdivider concur in the filing of multiple final maps or parcel maps. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps or parcel maps.

The filing of a final map or parcel map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of such tentative map. Each final map or parcel map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision phase number. Unless specific timing thresholds are set forth in the conditions of approval, the city engineer and planning director shall determine the improvements required and conditions that must be satisfied in conjunction with a given final map or parcel map phase to ensure a logical and orderly development of the whole subdivision. The subdivision improvement agreement executed by the subdivider for that map phase shall provide for the design and construction of all such required improvements. (Ord. 2012-01, 4-17-2012)

When completed outside of a dedication on a map, dedications may be required to be made by separate instrument with fees paid to cover the cost of processing. After receiving the instrument of dedication and accompanying title report, the city engineer shall approve or disapprove the instrument of dedication as to its suitability for recordation, specifically including a cover sheet, legal description, and map in eight and one-half inch by eleven inch (81/2" x 11") format. After approving an offer to dedicate, the city engineer shall notify the planning director to request original signed and notarized document(s) with the applicant’s land surveyor’s or registered civil engineer’s original seal.

Offer of dedication shall be brought to the city council for consideration of acceptance or acknowledgment for later acceptance. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

Where a parcel map is required by the subdivision map act or this chapter, but the subdivider seeks to waive this requirement, the following procedures shall apply:

A. Waiver Of Parcel Maps Generally: The planning director shall be the designated approving authority for the waiver of the requirements for the recordation of a parcel map. Such a waiver may be provided in any case when the land being divided consists of a lot or parcels shown on a recorded parcel map or final subdivision map and the full street improvements have been constructed or monumentation is evident, or where each of the lots has a gross acreage of forty (40) acres or more or each of which is a quarter-quarter section or larger. The designated approving authority may grant the waiver and will issue a certificate of compliance if:

1. The subdivider files an application with the planning director, including any fees required, verifying the existence of monumentation in the installation of street improvements;

2. The application contains a legal description for each of the lots to be created; and

3. The designated approving authority finds that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title.

B. Waiver Of Parcel Maps For Condominiums:

1. The planning director may waive the requirements for a final parcel map imposed by the subdivision map act for the construction of a condominium project on a single lawful parcel.

2. The procedure for determining whether such a waiver for a condominium is appropriate shall be initiated by an application for waiver filed with the planning director.

3. The application shall contain a legal description for the single lawful parcel and a description of the proposed condominium project.

4. The designated approving authority shall make a determination on the waiver request after review and recommendation by the public works director and city engineer.

5. If an application for waiver on a residential condominium project is filed contemporaneously with an application to adopt or amend a specific plan, then the application for waiver shall be first considered by the planning commission at a public hearing. After this hearing, the planning commission shall provide a written recommendation to the city council, which shall make the final determination on the application.

6. No applications for a waiver of the requirement for a tentative or parcel map for the construction of a condominium project on a single lawful parcel shall be granted unless it is found that the proposed division of land complies with the requirements of the subdivision map act and this code as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the subdivision map act and this code. (Ord. 2012-01, 4-17-2012)

ARTICLE H. VESTING TENTATIVE MAPS

SECTION:

The purpose of this article is to establish the procedures for the submission, review, and action by the city of vesting tentative maps. These provisions supplement the standard of the subdivision map act. The intent of vesting tentative maps is to provide greater protection earlier in the development process by “locking in place” the ordinances, policies, and standards of the city at the time the application is deemed complete. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

Whenever a provision of the subdivision map act or this chapter requires the filing of a tentative map (e.g., a tentative subdivision map, tentative parcel map), a vesting tentative map may instead be filed. Such vesting tentative map shall be in accordance with the provisions of this article. If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. (Ord. 2012-01, 4-17-2012)

This section describes the required content and process for filing a vesting tentative map.

A. Form And Content Consistent With Tentative Map Requirement: A vesting tentative map shall be filed in the same form and have the same content as required by this chapter for tentative maps. The application shall be filed in the same manner as tentative maps.

B. Titled Vesting Tentative Map: At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map".

C. Additional Submittal Requirements: At the time a vesting tentative subdivision map is filed, the subdivider shall also supply the following information to the city:

1. Plans and studies for all public works improvements to be constructed as a condition of the subdivision, prepared by a registered civil engineer in accordance with city standards and approved by the city engineer, including, but not limited to, sewer, water, storm drainage, dry utilities (e.g., electrical, gas, and roads);

2. Plans for all site development, including, but not limited to, grading, drainage facilities, and miscellaneous structures, prepared by a registered civil engineer in accordance with city standards and approved by the city engineer;

3. Geological studies in such form as acceptable to the city engineer and the building official, which shall include detailed soils reports, seismic analysis, bank stabilization, and other factors pertinent to the particular site location;

4. Specific information on the uses to which the proposed buildings will be put;

5. The height, size, and location of all buildings, building setbacks, number of stories, and driveway locations;

6. Architectural plans satisfactory for review by the city, including site plans, floor plans, exterior elevations, and other information necessary for building permit plan checks;

7. Landscape plans, including planting and irrigation details, and drawings and specifications as prepared by a licensed landscape architect or contractor satisfactory for review by the city;

8. Traffic reports and analysis, in a form approved by the city engineer, if required;

9. Acoustical report, prepared by a licensed engineer in a form acceptable to the city, if in an area anticipated to be greater than sixty five decibels (65 dB) CNEL;

10. Flood control information and statements showing compliance with flood hazard regulations; and

11. Such other exhibits, studies, and information that fully depict features of the development which the developer desires review for the purpose of approval concurrently with the vesting tentative map.

The city may request, and the applicant shall promptly furnish, information as may reasonably be necessary to enable the city to evaluate the vesting effect that would follow from approval of the map.

D. Other Land Use Permits: If other discretionary land use approvals are required in connection with development under the vesting tentative map, the subdivider shall obtain such approval prior to, or process them concurrently with, the filing of the vesting tentative map. For purposes of this section, "discretionary land use approvals" shall include, but not be limited to, general plan amendments, zone district amendments, conditional use permits, and variances. (Ord. 2012-01, 4-17-2012)

The processing of a vesting tentative map shall be the same as provided in this chapter for tentative maps. The designated approving authority for vesting tentative maps shall be the planning commission. Review and action on a vesting tentative map shall be limited to those ordinances, policies, and standards in effect at the date the city has determined the application to be complete. (Ord. 2012-01, 4-17-2012)

A. Generally: The approval of a vesting tentative map by the city shall confer a vested right to apply for permits needed to proceed with development and have the city exercise its discretion to approve, disapprove, or approve such permits with conditions, on the basis of ordinances, policies, and standards in effect at the time the application was determined to be complete pursuant to section 65943 of the Government Code.

B. Disclaimers:

1. This article does not enlarge, diminish, or alter the power of the city to deny approval of the requested project or any part thereof, or to impose conditions on the approval of a project.

2. Nothing in this article removes, diminishes, or affects the obligation of any subdivider or local agency to comply with the conditions and requirements of any state or federal laws, regulations, or policies.

3. In the event that section 66474.2 of the subdivision map act is repealed, any subsequent approvals of vested maps shall confer a vested right to proceed with development in substantial compliance with ordinances, policies, and standards in effect at the time the vesting map is approved or conditionally approved, rather than at the time the application was determined to be complete.

4. Notwithstanding this article, the city may condition or deny a permit, extension, or entitlement, including, but not limited to, final maps and building permits, if it determines any of the following:

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

b. The condition or denial is required in order to comply with state or federal law. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)

A final vesting map shall be filed and processed in the same manner, form, and content, and shall be subject to the same fees prescribed for final maps and parcel maps as required by this chapter. The "initial life" for vesting tentative maps shall be the same as for tentative maps as provided in this chapter, and the life of a vesting tentative map may be extended as provided by this chapter. (Ord. 2012-01, 4-17-2012)

A. Concurrent Approvals: Approval of a vesting tentative map applies only to actions considered and approved by the designated approving authority. If the vesting tentative map was approved with conditions, the approval is subject to those conditions. If related applications for discretionary permits were approved in conjunction with the vesting tentative map, the approvals are subject to applicable ordinances, policies, and standards granting those entitlements, including any conditions thereof.

B. Initial Life Of Vested Rights: The rights conferred by a vesting tentative map as provided by this article shall last for an initial period of one year after recording of the final map. This period may be extended as provided below.

C. Extension Of Vested Rights Through Recording Of A Final Map: Where several final maps or final parcel maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map or final parcel map for that phase is recorded. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial vesting period shall begin for each phase on the date the final map for that phase is recorded.

D. Extension Of Vested Rights Through Period For Subsequent Approvals: The initial time period shall be automatically extended by any time used by the local agency for processing a complete application for a grading permit or for design or architectural review, if the time used by the local agency to process the application exceeds thirty (30) days from the date that a complete application is filed.

E. Extension Of Vested Rights By Moratorium Or Stay: Vesting rights shall automatically be extended any time during which a development moratorium or stay on the project is in effect.

F. Automatic Extension Of Vested Rights: Vesting rights shall automatically be extended by any time used by a city department for processing a complete application for a grading permit or for design or architectural review, if the time used by the city exceeds thirty (30) days from the date a complete application is filed.

G. Extension Of Vested Rights Through Building Permit: If the subdivider submits a complete application for a building permit during the periods of time specified above, the rights conferred by this article shall continue until the expiration of that permit, or any extension of that permit granted by the city.

H. Termination Of Vested Rights: Vested rights that have been conferred shall end on the occurrence of the following, whichever comes first:

1. A final map is not recorded within the initial life of the vesting tentative map unless a longer period is provided by state law, or an extension is granted as provided by this chapter.

2. If a final map is recorded, the vesting rights shall end one year after the date of final map recordation as provided in subsection B of this section.

3. The expiration of a building permit, including extension, issued pursuant to a vesting tentative map, and issued during the time vesting rights are valid. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-11, 9-19-2023)