Livermore Municipal Code Part 10 Subdivisions

LDC Chapter 10.01. GENERAL PROVISIONS

LDC § 10.01.010. Title.

A. Subdivision Regulations. The provisions contained in this part shall be referred to as Development Code Part 10 also known as "the City's subdivision regulations" (Government Code Sections 66410 et seq.).

B. Government Code References. References throughout this part are to the California Government Code, unless stated otherwise.

LDC § 10.01.020. Purpose and Intent.

A. Purpose. The purpose of this part is to:

1. Regulate and control the division of land within the City and the form and content of all required maps, and the procedure to be followed in securing the official approval of the City regarding the maps;

2. Implement the General Plan and any applicable specific plan;

3. Preserve the public health, safety, and general welfare; and

4. Allow for orderly development of the community.

B. Intent.

1. Supplement and Implement the Act. The provisions of this part are intended to supplement, implement, and work with the State Subdivision Map Act, referred to in this part as the Act, as specified in Government Code Sections 66410 et seq., for the purpose of regulating the design and improvement of divisions of land within the City, and as those sections may be replaced or amended from time to time.

2. Used in Conjunction with the Act. This part is not intended to replace the Act, but is expected to be used in conjunction with the Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions.

This part is adopted in compliance with the Act as a "local ordinance," as the term is used in the Act. All provisions of the Act and future amendments to the Act not incorporated into this part shall, nevertheless, apply to all subdivision maps and proceedings under this part.

LDC § 10.01.040. Applicability.

A. Applicability of Part.

1. No person shall divide any real property for the purpose of sale, lease, or financing except in compliance with the provisions of this part and/or the Act, Government Code Sections 66410 et seq.

2. This part shall apply to all divisions of land, except those exceptions granted by the Act and specified in subsection C (Exceptions), below.

3. In the event of divisions of land which are not subject to this part and/or the Act, a certificate of compliance shall be issued on a form prescribed by the Director.

B. Subdivision approval required. Each division of land within the City shall be authorized through the approval of a map or other entitlement in compliance with this part.

C. Exceptions. This part shall not apply to the following:

1. The financing or leasing of apartments, offices, stores, or similar spaces within apartment, commercial, or industrial structures, mobile home parks, or trailer parks (Government Code Section 66412(a));

2. Gas, mineral, or oil leases (Government Code Section 66412(b));

3. Land dedicated for cemetery purposes in compliance with the Health and Safety Code (Government Code Section 66412(c));

4. 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 (Government Code Section 66412(e));

5. Any separate assessment in compliance with State Revenue and Taxation Code Section 2188.7 (Government Code Section 66412(f));

6. The conversion of a community apartment project or a stock cooperative to a condominium. However, the conversion is subject to the requirements of Government Code Sections 66412(g) and 66412(h);

7. The leasing of or the granting of an easement to a parcel of land or any portion(s) of the land, in conjunction with the erection, financing, and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the City (Government Code Section 66412(i));

8. The financing or leasing of any parcel of land, or any portion of the land, in conjunction with the construction of commercial or industrial structures on a single parcel, unless the project is not subject to review under other City ordinances regulating design and improvements (Government Code Section 66412.1(a));

9. The financing or leasing of existing separate commercial or industrial structures on a single parcel (Government Code Section 66412.1(b));

10. The construction, financing, or leasing of a second dwelling unit under Government Code Sections 65852.1 and 65852.2, but this Development Code shall apply to the sale or ownership transfer of the second dwelling unit (Government Code Section 66412.2);

11. Leasing of agricultural land for agricultural purposes (e.g., the cultivation of food or fiber, and grazing or pasturing of livestock) (Government Code Section 66412(k));

12. Subdivisions of four parcels or less for the construction of removable commercial structures having a floor area of less than 100 square feet (Government Code Section 66412.5);

13. The subdivision of a portion of the operating right-of-way of a railroad corporation (defined in Public Utilities Code Section 230) which is created by a short-term lease (terminable by either party on not more than 30 days' notice in writing) (Government Code Section 66428);

14. Land conveyed to or from a governmental agency, public entity, public utility, or land conveyed to a subsidiary of a public utility for right-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. "Land conveyed to or from a governmental agency" includes a fee interest, a leasehold interest, an easement, or a license (Government Code Sections 66428 and 66426.5); and

15. The leasing or licensing of a portion of a parcel, or the granting of an easement, Use Permit, or similar right to a telephone corporation exclusively for the placement and operation of cellular radio transmission facilities, if the action is subject to discretionary action by the City (Government Code Section 66412(j)).

D. Exception for lot line adjustments. This chapter does not apply to a lot line adjustment; provided (Government Code Section 66412(d)):

1. No additional parcels are created, and the adjustment is limited to four or fewer existing adjoining parcels;

2. The resulting parcels comply with this Development Code, LMC Title 15 (Buildings and Construction), and the General Plan. A plot plan is required to determine compliance with these requirements;

3. The resulting parcels do not interfere with existing easements, infrastructure, or utilities;

4. All real property taxes have been prepaid;

5. The adjustment is approved by the Department in compliance with LDC Section 10.04.030 (Lot Line Adjustments);

6. The owner prepares a deed and plat map. However, if a record of survey is required under Business and Professions Code Section 8762, the owner shall prepare a record of survey; and

7. The City approves a certificate of compliance, deed description and plat map, or record or survey and the County Recorder records these documents.

E. Exception for waiver of tentative parcel maps.

1. The Director may waive the requirements for a tentative parcel map for only the following types of land divisions (Government Code Section 66428):

a. A division of real property or interests in real property created by eminent domain procedures, partition, probate, or other civil judgments or decrees;

b. A division of property resulting from conveyance of land or interest inland to or from the City, public entity, or public utility for a public purpose (e.g., public building sites, school sites, or rights-of-way or easements for drainage, sewers, streets, utilities, etc.) "Land conveyed to or from a governmental agency" includes a fee interest, a leasehold interest, an easement, or a license;

c. A division of property which has been merged in compliance with LDC Section 10.04.040 (Parcel Mergers), the Act, or any prior City ordinance; and

d. Any other division of property which would otherwise require a parcel map.

2. A person requesting a parcel map waiver shall comply with the requirements specified in the City's Development Plan Check and Procedures Manual and parcel map waiver checklist. To waive the tentative parcel map requirements, the Director, in consultation with the City Engineer, shall first find that the proposed division of land complies with requirements as to:

a. Area;

b. The City's standard engineering specifications and standard details for improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection;

c. Other requirements of the Act and this Development Code; and

d. The City's Development Plan Check and Procedures Manual.

3. A waiver of the tentative parcel map requirement may be conditioned to require payment by the subdivider of drainage, park land dedication, and other fees by a method approved by the City Engineer.

4. Whenever a tentative parcel map is waived under this section, a parcel map shall be submitted to and approved by the City Engineer and Director. The City Clerk shall transmit the map to the County Recorder. If the County Recorder rejects that map for filing, the City shall rescind its approval of the map in compliance with Government Code Section 66466.

F. Consistency.

1. No land may be subdivided or developed for a purpose which is inconsistent with the General Plan, any applicable specific plan, this Development Code, or other applicable provisions of the LMC (Government Code Section 66474).

2. The type and intensity of land use as shown on the General Plan and any applicable specific plan shall determine, together with the requirements of this Development Code, the type of highways, roads, streets, utilities, and other public services that shall be provided by the subdivider.

3. The City may not approve a subdivision of land unless the subdivider establishes that the subdivision and construction of improvements will be appropriately timed and phased so that the development will be supported by adequate public facilities and services, and that appropriate measures can be taken to mitigate the adverse environmental impacts. Adequacy of public facilities and services shall be determined in compliance with:

a. The planned long-term buildout of the community as provided in capital improvements programs in which facilities are actually available or funded; and

b. The General Plan elements in effect at the time of considering the application.

G. Conflicts with the Act. In the event of any conflicts between the provisions of this part and the Act, the Act shall control.

A. Advisory agency.

1. The designated advisory agencies specified in this section shall have the duty of making investigations and reports on the design and improvement of proposed applications for the division of real property and imposing requirements and conditions thereon, and shall have the authority to act upon the applications as specified below.

2. The Commission, acting in its capacity as advisory agency, shall have the authority granted to it by the Council as specified in Table 10.1 (Subdivision Review Authorities), below.

3. Notwithstanding the provisions of this section, any application filed in compliance with this part that has an associated permit application made in compliance with the provisions of this Development Code, and is subject to action by the Commission or Council, the application shall be subject to those same review and hearing requirements required for the associated permit application, in compliance with Table 9.2 (Review Authority).

Table 10.1 Subdivision Review Authorities

B. Appeal boards.

1. The Commission shall be the Review Authority for any appeal of a decision of the City Engineer or Director.

2. The Council shall be the Review Authority for any appeal of a decision of the Commission.

C. City Engineer.

1. The responsibilities of the City Engineer include the following:

a. Establishing design and construction details, standards, and specifications for approval by the Council;

b. Determining if proposed subdivision improvements comply with the Act and this part;

c. Examining and certifying that final and parcel maps are in substantial compliance with the approved tentative map; and the processing and certification of final and parcel maps, reversion to acreage maps and amended maps, and the processing and approval of subdivision improvement plans;

d. Inspection and approval of subdivision improvements;

e. Review and approval of grant deeds for subdivision dedications which are outside a subdivision boundary;

f. Collection of plan check, inspection, and development fees;

g. Approving improvement agreements;

h. Processing and approval, of waiver of tentative parcel maps, lot line adjustments, and mergers;

i. Collection of all required application fees and deposits; and

j. Determining violations of the Act or this part.

2. When necessary to carry out these responsibilities, the City Engineer may designate and authorize a representative to act on the City Engineer's behalf (Government Code Sections 66416.5, 66431).

D. Director.

1. The responsibilities of the Director include the following:

a. Certificate of compliances;

b. Processing of tentative maps;

c. Determining whether a proposed subdivision conforms to the General Plan, any applicable specific plans, and this Development Code;

d. Making recommendations to the Commission for approval, conditional approval, or denial of a tentative map application (including recommendations of other departments and agencies);

e. Sending proper notice of proceedings in compliance with this part;

f. Certifying, as Secretary of the Commission, that the Commission has approved, conditionally approved, or denied the tentative map;

g. Scheduling, as Secretary of the Commission, any appeal of a decision on a lot line adjustment merger, parcel map, or reversion to acreage;

h. Conducting environmental analyses related to proposed applications in compliance with the California Environmental Quality Act (CEQA) specified in Public Resources Code Section 21000 et seq.; and

i. Approving or denying an application for extensions of an approved tentative map as specified in LDC Section 10.02.110 (Tentative Map Expiration and Extensions). (Government Code Sections 66415, 66452.6(e), 66474.7).

2. When necessary to carry out these responsibilities, the Director may designate and authorize a representative to act on the Director's behalf.

E. Commission. The Commission is designated as the advisory agency regarding subdivisions under the Act. It has the powers and duties provided in the Act and this part including the following:

1. Making investigations and reports on the design and improvement of proposed subdivisions and either imposing requirements and conditions on the subdivisions approved by the Commission or recommending requirements and conditions on the subdivisions to be considered by the Council;

2. For subdivisions of five or more parcels, making recommendations to the Council for approval, conditional approval, or denial of applications for tentative maps;

3. For subdivisions of four or fewer parcels, approving, conditionally approving or denying applications for tentative maps;

4. Acting as the appeal board for decisions of the City Engineer or Director; and

5. Approving or denying an application for extensions of an approved tentative map as specified in LDC Section 10.02.110 (Tentative Map Expiration and Extensions) (Government Code Sections 66415, 66452.6(e), 66474.7).

F. Council. The Council has the powers and duties provided by law and this part, including the following:

1. Approving final maps;

2. Accepting land or improvements which are proposed for dedication;

3. Acting as the appeal board for hearing appeals of Commission actions, including actions on tentative maps;

4. For subdivisions of five or more parcels, approving, conditionally approving or denying applications for tentative maps; and

5. Establishing processing fees necessary to implement the provisions of this part.

G. City Attorney. The City Attorney's responsibilities include reviewing and approving as to form all subdivision improvement agreements and security liability agreements and insurance, and the governing documents for a community apartment project, condominium, stock cooperative, or conversion.

(Ord. 2177, 7/28/2025, Ord. 2178, 7/14/2025)

A. Compliance required. Any subdivision of an existing parcel into two or more parcels shall require approval by the City in compliance with this part.

1. In general, the procedure for subdivision first requires the approval of a tentative map, and then the approval of a parcel map (for a subdivision that results in four or fewer parcels) or a final map (for a subdivision that results in five or more parcels) to complete the subdivision process.

2. The City's review of a tentative map evaluates the compliance of the proposed subdivision with applicable City standards, and the appropriateness of the proposed subdivision design.

3. Parcel and final maps are precise surveying documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.

B. Summary of types of maps.

1. Tentative and Final maps – Major Subdivisions.

a. A tentative map (LDC Chapter 10.02) shall be required for a major subdivision, that is, a division of land proposed to be divided into five or more parcels as determined by the Director (Government Code Section 66426).

b. A final map (LDC Chapter 10.03) shall be required for a subdivision of five or more parcels, except a subdivision that is otherwise required to have a final parcel map by Government Code Section 66426.

c. However, a tentative map and a parcel map (but not a final map) are required for a major subdivision where:

(1) The land before division contains fewer than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the Council; or

(2) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or

(3) The land consists of a parcel(s) of land having approved access to a public street or highway which comprises part of a tract of land zoned for commercial or industrial development and which has the approval of the Council as to street alignments and widths; or

(4) Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section; or

(5) The property owner proposes to adjust the boundaries of five or more existing, adjoining parcels if: no additional parcels are created; the resulting parcels conform to this Development Code, LMC Title 15 (Buildings and Construction), and the General Plan; the resulting parcels do not interfere with existing easements, infrastructure, or utilities; and all real property taxes have been prepaid.

2. Tentative and Parcel maps – Minor Subdivisions. A tentative map and parcel map are required for major subdivisions listed in subsection B.1, above and all minor subdivisions, except that maps are not required for:

a. The subdivision of a portion of the operating right-of-way of a railroad corporation, defined by State Public Utilities Code Section 230, which is created by a short-term lease terminable by either party on not more than 30 days' notice in writing (Government Code Section 66428);

b. Land conveyed to or from a governmental agency, public entity, or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to the public utility for right-of-way, unless a showing is made by the Director in individual cases, upon substantial evidence, that public policy necessitates a parcel map. "Land conveyed to or from a governmental agency" includes a fee interest, a leasehold interest, an easement, or a license (Government Code Sections 66428, 66426.5);

c. A lot line adjustment approved in compliance with LDC Section 10.04.030 (Government Code Section 66412(d));

d. A tentative parcel map waived in compliance with LDC Section 10.03.020 (Government Code Section 66428); and

e. Land dedicated for cemetery purposes in compliance with the Health and Safety Code.

3. Vesting Tentative maps.

a. Whenever this part requires the filing of a tentative map, the subdivider may file a vesting tentative map instead.

b. The procedures for and rights of a vesting tentative map are specified in LDC Section 10.02.100 (Government Code Sections 66424.5, 66452).

4. Exemptions from subdivision approval requirements. The types of subdivisions specified by Government Code Sections 66411, 66412, 66412.1, 66412.2, and 66426.5, or other applicable Act provisions as not being subject to the requirements of the Act, and/or not being considered to be divisions of land for the purposes of the Act, shall be exempt from the subdivision approval requirements of this part.

C. Designated remainder.

1. A subdivider of unimproved land may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required (Government Code Sections 66424.6, 66434(e)).

2. For a designated remainder parcel, the fulfillment of construction requirements for improvements is not required until:

a. A permit or other grant of approval for development of the remainder parcel is issued by the City;

b. The construction of the improvements is required under an agreement between the subdivider and the City; or

c. The City makes a finding that fulfillment of the construction requirements is necessary for reasons of:

(1) The public health and safety; or

(2) The required construction is a necessary prerequisite to the orderly development of the surrounding area (Government Code Section 66424.6(a)(2)).

3. When fulfillment of the construction requirements is to be delayed, the subdivider shall record a declaration of restrictions approved by the City Attorney, or an agreement with the City, stating:

a. What the required improvements are; and

b. That the subdivider or a successor owner is required to complete them all before the City will grant a permit or other approval for development.

4. If a designated remainder is subsequently sold, the subdivider or the owner shall obtain a Certificate of Compliance or Conditional Certificate of Compliance in compliance with LDC Section 10.04.020 (Government Code Sections 66424.6(d), 66499.34, 66499.35).

A. Prohibition.

1. Sale, Lease, or Financing.

a. No person shall sell, lease, or finance a parcel of real property or begin construction of a structure for sale, lease or financing on the parcel (except for model homes) or allow occupancy of the structure, for which a final or parcel map is required by the Act or this part, until the map complies with the Act and this part and is recorded with the County Recorder (Government Code Section 66499.30).

b. This section does not prohibit an offer or contract to sell, lease, or finance real property or to construct improvements where the sale, lease, or financing or the beginning of construction is expressly conditioned upon the approval and filing of a final map or parcel map.

2. Conveyance of real property. The conveyance of part of a division of real property for which a final or parcel map is required shall not be made by parcel or block number, letter, or other designation until the map is recorded with the County Recorder.

3. Exemption. This section does not apply to a parcel of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this part, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

B. Penalty for violation.

1. Applicability of Imprisonment and/or Fine. A violation of this part by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation is punishable by imprisonment in the County jail not exceeding one year or in the State prison, by a fine not exceeding $10,000, or by both that fine and imprisonment.

2. Misdemeanors. Every other violation of this part is a misdemeanor (Government Code Section 66499.31).

3. Remedies.

a. Conveyance voidable.

(1) When voidable. A deed of conveyance, sale, or contract to sell real property which has been divided or which results from a division in violation of the Act or this part is voidable at the sole option of the grantee, buyer, or person contracting to purchase, or the heirs, personal representative, or trustee in insolvency or bankruptcy within 12 months after the date of discovery of the violation.

(2) When binding. However, the deed of conveyance, sale, or contract to sell is binding upon a successor(s)-in-interest of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or their assignee, heir, or devisee (Government Code Section 66499.32).

b. Other legal action.

(1) This part does not bar any legal, equitable, or summary remedy to which the City or other public agency, or any person may otherwise be entitled.

(2) The City or other public agency or person may file a suit in the superior court to restrain or enjoin an attempted or proposed subdivision or sale, lease, or financing in violation of the Act or this part (Government Code Section 66499.33).

c. Denial of permits and approvals.

(1) The City shall not issue a permit or grant any approval necessary to develop real property which has been divided or which has resulted from a division in violation of the Act or this part if the City first finds that development of the property is contrary to the public health or safety.

(2) The authority to deny or approve a permit applies whether the applicant was the owner of record at the time of the violation or whether the applicant is either the current owner of record or a vendee of the current owner with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in the property (Government Code Section 66499.34).

d. Permit or approval subject to conditions.

(1) If the City issues a permit or grants approval for the development of any real property illegally subdivided, the City may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property.

(2) If the property has the same owner of record as at the time of the initial violation, the City may impose conditions applicable to a current division of the property.

(3) If a conditional certificate of compliance has been filed for record in compliance with LDC Section 10.04.020 (Certificate of Compliance), below, only the conditions stipulated in that certificate are applicable (Government Code Section 66499.34).

C. Notice of violation.

1. Notice of intention to record notice of violation.

a. If it is determined that real property has been divided in violation of the Act or this part, the Director shall mail by certified mail to the then current owner a notice of intention to record a notice of violation.

b. The notice shall describe the property in detail, name the owner(s), describe the violation, why the subject parcel is not lawful under Government Code Section 66412.6(a) or (b) and state that the owner will be given the opportunity to present evidence.

c. The notice shall specify the date, time, and place for a Commission meeting at which the owner(s) may present evidence to the City why a notice of violation should not be recorded (Government Code Section 66499.36).

2. Commission meeting. The Commission meeting shall be held no sooner than 30 days and no later than 60 days from that date of mailing of the notice of intention to record a notice of violation.

3. Clearance if no violation. If, after the owner has presented evidence, the Commission determines that there has been no violation, the Director shall mail a clearance letter to the then current owner(s) of record.

4. Recording notice of violation. The City shall record the notice of violation with the County Recorder if:

a. Within 15 days of receipt of the notice, the owner(s) fails to file with the Department a written objection to recording the notice of violation; or

b. After the owner(s) has presented evidence, the Commission determines that the property has in fact been illegally divided.

5. Effect of recording. The notice of violation, when recorded, is constructive notice of the violation to all successors-in-interest in the subject property.

D. Judicial review.

1. Action to annual, attack, review, set aside, or void a decision.

a. An action or proceeding to annual, attack, review, set aside, or void a decision of the City made in compliance with this part shall be commenced and served on the City within 90 days after the date of the decision.

b. After 90 days, all persons are barred from any of the actions specified in subsection D.1, above (Government Code Section 66499.37).

2. Limitation of issues. The issues raised in an action may be limited to those raised in the public hearing or in written correspondence presented before or at the hearing (Government Code Section 65009).

A. Subdivisions deemed approved by law. A subdivision application deemed approved in compliance with Government Code Sections 65956 or 66452.1, 66452.2 or 66542.4, shall be subject to all applicable provisions of this Development Code, and any conditions imposed by the Review Authority, which shall be satisfied by the subdivider before a Building Permit is issued.

B. Subject to mandatory requirements. Final maps filed for recordation after their tentative maps and tentative parcel maps are deemed approved shall remain subject to all of the mandatory requirements of this part and the Act, including Government Code Sections 66473, 66473.5, and 66474.

The Council, by resolution, shall set reasonable fees in connection with this part, including but not limited to fees for processing tentative, final, and parcel maps; fees for giving notice of public hearings; fees for copying and distributing written reports on tentative maps; and fees for processing lot line adjustments, mergers, and reversions to acreage. This schedule of fees shall be referred to in this Development Code as the Planning Fee Schedule.

A. Exceptions to standards. An exception to a provision of LDC Chapter 10.05 (Subdivision Design and Improvement Requirements) may be requested by a subdivider in compliance with LDC Chapter 9.10 (Variances and Minor Variances).

B. Not used to waive Act. An exception shall not be used to waive or modify a provision of the Act, or a provision of this part that is duplicated or paraphrased from the Act.

C. The subdivision of a parcel into two lots in accordance with LDC Chapter 11.50 (Two-Unit Residential Developments and Urban Lot Splits) or the subdivision of a lot into 10 or fewer lots in accordance with LDC Chapter 11.69 (Streamlined Review of Eligible Subdivisions) shall only be subject to the standards and requirements of their respective chapters.

(Ord. 2178, 7/14/2025)

LDC § 10.02.010. Purpose.

This chapter establishes requirements for the preparation, filing, approval or denial of tentative maps, consistent with the requirements of the Act.

LDC § 10.02.020. Tentative Map Preparation, Application Contents.

A. When required.

1. A tentative map shall be submitted for a subdivision for which a parcel map or final map is required by Government Code Sections 66410 et seq.

2. The requirements specified in this chapter shall apply to all applications for tentative parcel and final maps.

B. Application and filing fees required.

1. An application shall be filed on forms provided by the Department.

2. The application shall be accepted for filing only upon payment by the applicant of a filing and processing fee in compliance with the Planning Fee Schedule.

3. An applicant may, in writing, withdraw the application at any time during the processing of the application.

4. In compliance with adopted City policy, any refund of any of the filing and processing fees paid in connection with the application may only occur on a pro-rated basis in compliance with LDC Section 9.01.050 (Application Fees).

5. Within 30 days of receiving an application and the application filing fee, the Director shall inform the applicant in writing whether the application is deemed complete for the purpose of complying with Government Code Chapter 4.5 and LDC Section 9.01.060 (Initial Review of Application).

A. General.

1. Form, Contents, Submittal and Approval Procedures. This chapter governs the form, contents, submittal and approval procedures and requirements for submittal of tentative and vesting tentative maps.

2. Same for Major and Minor Subdivisions. The same tentative map requirements and procedures apply both to major subdivisions (five or more parcels) and minor subdivisions (four or fewer parcels), except where stated otherwise.

3. Subdivision of Unincorporated Territory. A subdivider may file with the City a tentative map of a proposed subdivision of unincorporated territory adjacent to the City in compliance with Government Code Section 66454.

4. Submission of Tentative Maps.

a. Submission of a tentative map shall not constitute filing with the City until all attachments and required statements, instructions, environmental forms and clearances, and a completed application form with appropriate fees are deposited with the Department and a written receipt is provided to the applicant. Included with the application shall be a signed statement indicating whether the project site is located on a site included on any of the local lists prepared by the California Integrated Waste Management Board in compliance with Government Code Sections 65962.5(d) and (f).

b. For tentative maps proposing the subdivision of real property for the purposes of residential development of five or more dwelling units, the applicant shall also provide architectural renderings of the units as specified on applicable application forms.

c. The subdivider shall file with the Department the number of tentative maps the Director shall deem necessary, together with evidence as to the ownership of the land proposed to be divided.

d. Failure to submit all materials and statements required by this section shall constitute grounds for rejection of the application.

B. Form and contents.

1. The tentative map shall be prepared in a manner acceptable to the Director and shall be prepared by a registered civil engineer or licensed land surveyor.

2. The tentative map shall be clearly and legibly drawn and in compliance with the City's Development Plan Check and Procedures Manual.

3. The map shall be drawn to an engineer's scale, large enough to show all information clearly, but no less than one inch equals 100 feet.

4. The map shall contain not less than the following:

a. A title including the subdivision number obtained from the County Recorder, and type of subdivision;

b. Name and address of the legal owner, subdivider, and person preparing the map, including registration or license number;

c. Sufficient legal description to define the boundary of the proposed subdivision; names and locations of streets adjacent to the proposed subdivision shall be indicated;

d. The numbers of adjacent subdivisions and the names of the owners of adjacent properties;

e. Boundary lines of the City, school district, and other taxing districts when within or contiguous to the subdivision;

f. Date of map preparation and map revision, if the map is revised after the initial submittal to the City, north arrow, and scale;

g. A vicinity map showing streets, adjoining subdivisions, shopping centers, schools, and other data sufficient to locate the proposed subdivision and show its relation to the community;

h. Existing topography of the proposed site and at least 100 feet beyond its boundary, and proposed changes in topography.

(1) The contours of the land shall be shown at intervals of not more than one foot for ground slopes between level and 5%, and not more than five feet for ground slopes in excess of 5%.

(2) Elevations shall be according to U.S. Geodetic Survey datum, commonly termed mean sea level;

i. Existing improvements to be shown include, but are not limited to:

(1) Type, circumference, and dripline of all existing trees; other significant vegetation with a trunk diameter of four inches or more, measured 24 inches above existing grade. Any trees or other significant vegetation proposed to be removed shall be so indicated;

(2) The location and outline of existing structures to scale identified by type. Structures to be removed shall be so indicated;

(3) Existing culverts, drainage channels, irrigation ditches, springs, and wells, and the approximate location of all areas subject to inundation or stormwater overflow, and the location, width, and direction of flow of each watercourse;

(4) The location, pavement and right-of-way width, typical section, grade and name of existing streets, highways, and driveways within and/or contiguous to the proposed subdivision;

(5) The widths, location, and identity of all existing easements; and

(6) The location and size of existing fire hydrants, sanitary sewers, storm drains, and water mains within and/or contiguous to the proposed subdivision.

(A) The approximate slope of existing sewers and storm drains shall be indicated.

(B) The location of existing overhead and underground utility lines and poles within and/or contiguous to the proposed subdivision shall be indicated;

j. Proposed improvements to be shown include, but are not limited to:

(1) The location, arc length, centerline radius, and grade of curves, pavement, and rights-of-way width of all streets.

(A) Typical sections of all streets shall be shown, including pavement widths, curbs, gutters, sidewalks, medians, and slopes of cuts and fills.

(B) Proposed private streets shall be clearly indicated;

(2) The location and radius of all curb returns and cul-de-sacs;

(3) The location, width, and purpose of all easements;

(4) The angle of intersecting streets, if the angle deviates from a right angle by more than four degrees;

(5) Engineering plan and data showing the approximate finished grading of each parcel, the preliminary design of all grading, the elevation of proposed building pads, and the top and toe of all cut and fill slopes, to scale;

(6) Areas to be used for public purposes or facilities;

(7) Proposed recreation parks, sites, and trails for private or public use. If park dedication is proposed, the tentative map application is not complete unless accompanied by Livermore Area Recreation and Park District's written comments on the proposed location;

(8) Proposed common areas and areas to be dedicated for public open space;

(9) The location and size of fire hydrants, sanitary sewers, storm drains, and water mains, including all necessary provisions for handling sewage, stormwater, and water supply. Proposed slopes, approximate elevation, direction of flow, and type of facilities for sanitary sewers, storm drains, and overland drainage releases shall be indicated; and

(10) A planting plan for erosion control, slopes, street trees, other landscaping, and fencing;

k. Parcel numbers beginning with the numeral "1" and continuing consecutively throughout the subdivision;

l. The name(s) of any engineering geologist or soil engineer whose services were required in the preparation of the design of the tentative map;

m. The approximate parcel layout and dimensions of each parcel and each building site;

n. The approximate boundaries of areas subject to inundation or stormwater overflows, and the location, width, and direction of flow of all watercourses;

o. The size and parcel number of the smallest and largest parcels;

p. If the subdivider plans to develop the site in phases, the proposed phases and their proposed sequence of construction (Government Code Section 66456.1);

q. Proposed names for all streets;

r. Energy conservation information. The design of a subdivision for which a tentative map is required, excluding a conversion, shall provide, to the maximum extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66473.1); and

s. The Director may waive any of the above tentative map requirements if the type of subdivision does not need to comply with these requirements or if other circumstances justify a waiver. The Director may require other data, drawings, or information as deemed necessary by the Director to accomplish the purposes of the Act and this Development Code.

C. Accompanying data and reports. At the time of filing, a tentative map shall be accompanied by all of the following data and reports:

1. A statement of present zoning and of existing and proposed uses of the property, and any proposed Zoning Map changes, whether immediate or future;

2. A description of the proposed subdivision, including the number of parcels, their average size, and nature of proposed development;

3. A description of bridges, fences, gates, landscaping, or other proposed improvements which may not be fully shown on the map;

4. A preliminary title report, not more than 180 days old and acceptable to the Director, showing the legal owner(s) at the time of filing the tentative map;

5. Soil and engineering geology reports as specified in subsection D (Preliminary Soil and Engineering Geology Reports), below;

6. A statement of the time when improvements are proposed to be completed;

7. Proposed tract or deed restrictions, if any;

8. Description, location, and existing elevation of an established City bench mark or other bench marks within the immediate vicinity;

9. Information required by the Director to allow a determination on environmental review to be made in compliance with the California Environmental Quality Act (CEQA);

10. A signed statement of compliance under Government Code Section 65962.5(f) indicating whether the proposed project is located on a hazardous waste and substance site as defined in that section. See subsection D.5 (Hazardous Waste and Substances Statement), below (Government Code Section 65940);

11. For a vesting tentative map, the subdivider shall also submit all of the following information, unless a requirement is waived by the Director after consultation with the City Engineer (Government Code Section 66498.8):

a. The height, location, and size of structures, including elevations; and

b. Information on the uses to which the structures will be put;

12. Any other data or reports deemed necessary by the Director or the Commission in order to review the tentative map;

13. For major subdivisions, design review related materials as required by LDC Chapter 9.07 (Site Plan and Design Review); and

14. Written verification from the applicable public water system or evidence of a written request to the applicable public water system, as required by Government Code Section 66473.7. This subsection applies only to a residential subdivision of 500 units or more which is not within an urbanized area previously developed for urban uses and is not a housing project exclusively for very low and low-income households.

D. Preliminary soil and engineering geology reports.

1. Preliminary soil report.

a. A preliminary soil engineering report, prepared by a soil engineer, based upon adequate test borings or excavations, shall be submitted with each application for a tentative map.

b. The report shall include any information appropriate for the site, including any information required by the City Engineer in compliance with LDC Section 10.05.110 (Soils Reports), below (Government Code Sections 66490, 66491, Business and Professions Code Section 6736.1).

2. Preliminary engineering geology report.

a. A preliminary engineering geology report, prepared by an engineering geologist, shall be submitted with each application for a tentative map, unless waived by the City Engineer.

b. The report shall include any information appropriate for the site, including any information required by the City Engineer (Government Code Sections 66490, 66491).

3. Expanded investigation. If the preliminary soil report or the preliminary engineering geology report indicates, or the City Engineer has knowledge of, the presence of soil or geologic conditions which, if corrective measures are not taken, could lead to structural defects, then a soil or engineering geology investigation of each proposed parcel shall be submitted with the final map (Government Code Sections 66490, 66491).

4. Compliance required. A tentative map application is not considered as filed until the required preliminary reports have been submitted with the map (see LDC Section 10.05.090B [Construction and Inspection]).

5. Hazardous Waste and Substances Statement.

a. Under Government Code Section 65962.5, the California Secretary for Environmental Protection is required to consolidate information regarding land where certain hazardous wastes or contaminants are present, and to distribute a list to each city and county in which sites on the list are located.

b. An applicant for any development project shall consult the list sent to the City and submit a signed statement to the City indicating whether the project and any alternatives are located on the list (Government Code Section 65940).

A. Review by Director.

1. The application shall include a sufficient number of prints of the tentative map as required by the Director, together with the filing fee in compliance with the Planning Fee Schedule.

2. The Director, in consultation with the City Engineer, shall within 30 days after submittal of the application determine whether the application is complete in compliance with the requirements of this part and the State Permit Streamlining Act (Government Code Sections 65943, 66452).

B. Review by affected agencies. Within five days after the application is accepted as complete, the Director shall forward copies of the tentative map to the affected public agencies and utilities which have 15 days to submit their findings and recommendations to the Director (see LDC Section 10.02.050C [Review by Other Agencies]) (Government Code Sections 66453, 66455, 66455.1, 66455.7).

A. Public hearings – when required.

1. Public Hearing. A public hearing shall be required for all Subdivision – Level II and Subdivision – Level III projects, as identified in Table 9.3, Review Authority For Site Plan and Design Review.

2. Appeals. Any Subdivision – Level I that is appealed to the Planning Commission or City Council shall require a public hearing pursuant to LDC Chapter 9.15.

3. Environmental Review. A public hearing shall be required for any subdivision application that requires a California Environmental Quality Act Negative Declaration or Environmental Impact Report.

B. Public hearings – notice. Unless otherwise specified in this Development Code, notice of a public hearing shall be given as specified in this section (Government Code Sections 66451.3(a), 65090, 65091).

1. When. Notice shall be given at least 10 days before the hearing.

2. Contents.

a. The notice shall include the date, time, and place of the hearing, the identity of the hearing officer or body, a general explanation of the matter to be considered, and a general description by text or diagram of the location of the property.

b. The notice shall also include the following: "If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Commission or Council at, or before, the public hearing" (Government Code Sections 65094, 65009(b)(2)).

3. Manner.

a. Notice shall be given in the manner required by Government Code Sections 65090 and 65091 which is summarized as follows:

(1) Publication once in a newspaper of general circulation;

(2) Mailing or delivery to the property owner and project applicant;

(3) Mailing or delivery to each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the proposed project; and

(4) Mailing or delivery to all owners of real property located within 300 feet of the exterior boundaries of the subject property. If the number of owners exceeds 1,000, the City may instead publish notice of at least one-eighth page in a newspaper of general circulation.

b. In addition, the City may give notice in any other manner it deems necessary or desirable.

c. If the proposed project is a conversion of residential real property to a condominium, community apartment, or stock cooperative, notice shall be given to each tenant of the property (Government Code Sections 66451.3, 66452.5(e)).

4. Continued hearings. A public hearing may be continued from time to time and, if continued to a specific date, time and place, no new notice is required (Government Code Section 65095).

5. Appeal or request for modification. If a decision under this Development Code is appealed or if a subdivider requests a change in a condition of approval either before or after a final or parcel map is filed, notice of the appeal or request shall be given in compliance with LDC Chapter 9.17 (Public Hearings).

6. Staff reports. A report of recommendation on a tentative map by the Director shall be in writing and provided to the subdivider and to each tenant in the case of a proposed condominium, community apartment project, or stock cooperative, at least three days before any hearing or action (Government Code Section 66452.3).

7. Costs. The subdivider is responsible for the costs incurred in giving proper notice (Government Code Sections 66451.3(c), 66452.3).

8. Substantial compliance.

a. Substantial compliance with these notice requirements is sufficient.

b. A technical failure to comply shall not affect the validity of any action taken in compliance with the procedures specified in this section (Government Code Section 65093).

C. Review by other agencies.

1. Agency located within three miles.

a. A local agency with service boundaries located within three miles of a proposed subdivision may make recommendations to the City regarding a tentative map if it does so within 15 days after the notice and map are mailed by the City.

b. A local agency which desires to make recommendations shall file with the City a written request and map indicating the territory in which it wishes to make recommendations (Government Code Sections 66453, 66455.1).

2. State Department of Transportation. The State Department of Transportation may make recommendations regarding a tentative map if the proposed subdivision is located within one mile of a State highway routing and if the recommendations are submitted to the City within 15 days after the notice and map are mailed by the City (Government Code Sections 66413.7, 66455).

3. School districts. Within five days after the application for a tentative map is accepted as complete, the Director shall send a notice of the filing to the governing board of any affected school district.

a. The notice shall contain information about the location, number of units, density, and other relevant information.

b. Within 15 working days after the notice was mailed, the board may submit to the City a report and recommendation regarding the proposed subdivision and its impact on the school district.

c. Failure of the school district to respond within the 15-working-day period is considered a recommendation for approval (Government Code Section 66455.7).

d. If the proposal shows an area for a public school site, the City shall notify the State Department of Education.

e. The notice shall include the identification of an existing or proposed runway within a distance specified by Education Code Section 17215 (Government Code Section 66455.9).

4. Water supplier. Within five days after a tentative map application is accepted as complete, the Director shall send a copy of the application to the City's Water Resources Department (Government Code Section 66455.3).

(Ord. 2177, 7/28/2025)

A. Findings required. In order to approve or recommend the approval of a parcel map or tentative map and conditions of approval, or to deny a parcel map or tentative map, the Review Authority, as designated in Table 10.1 (Designated Review Authorities), shall first make the findings specified in subsection C (Commission and Council Review and Determination), below.

B. Applicable ordinances, policies, and standards. In determining whether to approve a parcel map or tentative map, the City shall apply only the ordinances, policies, and standards in effect on the date the Department determined that the application was complete in compliance with LDC Section 10.02.030 (Tentative Map Filing, Initial Processing), except where the City has initiated General Plan, specific plan, or Development Code changes, and provided public notice as required by Government Code Section 66474.2.

C. Commission and Council review and determination.

1. Notice of public hearings.

a. The Director shall set a date for a public hearing before the Commission and/or Council, as applicable, provide notice as required by LDC Chapter 9.17 (Public Hearings), and prepare a report with recommendations.

b. The Director shall send a copy of the report to the subdivider at least three days before the public hearing (Government Code Section 66452.3).

2. Commission and Council actions.

a. For subdivisions of four or fewer parcels, the Commission shall approve, conditionally approve, or deny the tentative map in compliance with Government Code Sections 66451 and 66452 (Government Code Sections 66452.1(b), (c), 65952.1).

b. For subdivisions of five or more parcels, the Commission shall make its recommendation to the Council and the Council shall approve, conditionally approve, or deny the tentative map in compliance with Government Code Sections 66451 and 66452 (Government Code Sections 66452.1(a), (c), 66452.2).

c. The time periods specified in Government Code Sections 66451 and 66452 begin after certification of the Environmental Impact Report, adoption of a Negative Declaration or Mitigated Negative Declaration, or a determination that the project is exempt from the requirements of the California Environmental Quality Act (Government Code Section 66452.1(c)).

d. If no action is taken within the time periods specified in Government Code Sections 66451 and 66452, or an extension is mutually approved in compliance with LDC Chapter 9.17 (Public Hearings), the tentative map is deemed approved insofar as it complies with the General Plan, any applicable specific plan, this Development Code, including City-approved policies, standards, and requirements, and the Act (Government Code Section 66452.4).

3. Findings for approval.

a. The Commission or Council may approve or conditionally approve a tentative map only if it finds all of the following (Government Code Sections 66473.5, 66474):

(1) The proposed map is consistent with the General Plan and any applicable specific plan, any policy or guideline implementing the General Plan (including the City's Design Standards and Guidelines), or other applicable provisions of this Development Code;

(2) The site is physically suitable for the proposed type of development;

(3) The site is physically suitable for the proposed density of development;

(4) The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the Commission or Council may approve a tentative map if an Environmental Impact Report was prepared with respect to the project and a statement of overriding considerations was made to the effect that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Environmental Impact Report;

(5) The design of the subdivision or the type of improvements will not cause serious public health problems;

(6) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision (The Commission or Council may approve a tentative map if it finds that alternative easements for access 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 hereby granted to the Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.); and

(7) Any proposed phases and their proposed sequence of construction are identified on the submitted tentative map. The City may impose reasonable conditions relating to the filing of multiple final maps in conjunction with the approval of the tentative map (Government Code Section 66456.1).

b. The Commission or Council may modify or delete a condition of approval recommended in the Director's report, except a condition required by the LMC. The Commission or Council may add additional requirements as a condition of its approval (Government Code Section 66474.10).

c. If the subdivision proposes 500 dwelling units or more and is not within an urbanized area previously developed for urban uses and is not a housing project exclusively for very low and low-income households, the Commission or Council shall include as a condition the requirement that a sufficient water supply shall be available, as required by Government Code Section 66473.7.

d. The Commission or Council may require that the subdivider defend, indemnify, and hold harmless the City, its agents, officers, and employees from any action, claim, or proceedings against the City to attack the approval of a subdivision in compliance with Government Code Section 66474.9.

D. Standards in effect.

1. In determining whether to approve or deny a tentative map application, the City shall apply only those ordinances, policies, and standards in effect at the time the application was accepted as complete.

2. The City may apply ordinances, policies, and standards adopted later if:

a. The subdivider requests changes in connection with the same development project, and they are approved; or

b. The City had formally initiated proceedings to amend the General Plan or specific plan, or this Development Code and published notice of the proposed change before the application was accepted as complete (Government Code Section 66474.2).

E. Appeals.

1. Appeal review authorities.

a. A decision by the Director or a City staff member under this Development Code may be appealed to the Commission.

b. A decision by the Commission under this Development Code may be appealed to the Council.

2. Appeals filed by the subdivider or other person(s).

a. The subdivider or other person may file an appeal of a decision of the City Engineer, Director, or any other city administration official to the Commission by filing with the Secretary of the Commission on a form prescribed by the City within 10 days following the date the action is taken in compliance with Government Code Sections 66452.5.

b. The subdivider or other person may file an appeal of a decision of the Commission to the Council by filing with the City Clerk on a form prescribed by the City within 10 days following the date the action is taken in compliance with Government Code Sections 66452.5.

c. The appeal shall be filed and processed in compliance with LDC Chapter 9.15 (Appeals).

3. The hearing on the appeal shall be held by the Commission or the Council, whichever has jurisdiction, within 30 days of the filing of the notice of appeal, and notice of the hearing shall be given in compliance with LDC Chapter 9.17 (Public Hearings).

4. The appeal body shall make its decision on the appeal in writing within 10 days after the hearing is concluded (Government Code Section 66452.5).

F. Review authority's action is conclusive. In the absence of a timely filed written appeal, the decision of the Review Authority shall be final and conclusive.

G. Form of approved tentative map. Within 90 days after approval of the tentative map, the subdivider shall submit a revised map to the Director which conforms to any changes required by the conditions of approval.

Along with the approval of a parcel map or tentative map, the Review Authority may adopt any conditions of approval deemed reasonable and necessary to carry out the purposes of this Development Code, including conditions regarding the matters described in subsection A below; provided, that all conditions shall be consistent with the requirements of the Act.

A. Dedications and improvements.

1. As a condition of approval of a map of five or more parcels, the City may require dedications and improvements as necessary to ensure that the parcels to be created:

a. Are provided with adequate public services and utilities, including any appropriate cable television services, to meet the needs of future residents or users;

b. Are of adequate design in all respects in compliance with this Development Code;

c. Act to mitigate any potential environmental impacts specified in the Environmental Impact Report (EIR) or by other means; and

d. Provide for proper grading and erosion control, including the prevention of sedimentation or damage to off-site property.

2. All improvements shall comply with adopted City standards.

B. Access.

1. Except as provided below, parcels created by a subdivision of land shall abut upon a recorded dedicated public right-of-way of a width as established by the City's General Plan Circulation Element and City Standard Details, or shall be ensured of access to the City road system by an approved access which connects a parcel(s) to a maintained public street or State highway.

2. Private road easements may be approved for access to each parcel if it is determined that public street access cannot be provided due to certain title limitations or topographical conditions.

3. Road easements of record established before the effective date of this part shall be recognized as legal access to each parcel of the proposed subdivision.

4. Existing traveled roads for which a court has determined that a prescriptive right by users exists for public use shall be recognized as legal access to each parcel of the proposed subdivision.

C. Conditions modifying subdivision design – time for compliance. When modifications in design require a change in the conditions of approval of a parcel map or tentative map, the subdivider shall, at least 30 days before the submission of a final map, submit the appropriate number of copies of the tentative map as modified to the Department for review for confirmation by the City Engineer.

The approval of a tentative map shall become effective for the purposes of filing a parcel or final map, including compliance with the conditions of approval, on the tenth day following the date of decision by the Commission, if no appeal is filed in compliance with Chapter 9.15 LDC (Appeals).

(Ord. 2151 § 4, 2023)

LDC § 10.02.090. Completion of Subdivision Process.

A. Effect of approval on prior approvals. The approval or conditional approval by the Review Authority of any revised or new parcel map or tentative map shall annul all previous subdivision designs and approvals for the same site.

B. Compliance with conditions, improvement plans. After approval of a parcel map or tentative map in compliance with this part, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file, and receive approval of improvement plans in compliance with LDC Chapter 10.05 (Subdivision Design and Improvement Requirements), before constructing any required improvements.

C. Parcel or final map preparation, filing, and recordation.

1. A parcel map for a subdivision of four or fewer parcels shall be prepared, filed, processed, and recorded in compliance with LDC Chapter 10.03 (Final Maps and Parcel Maps), to complete the subdivision, unless a parcel map has been waived in compliance with LDC Section 10.03.020 (Waiver of Parcel Map).

2. A final map for a subdivision of five or more parcels shall be prepared, filed, processed, and recorded in compliance with LDC Chapter 10.03 (Final Maps and Parcel Maps), to complete the subdivision.

3. Project phasing and the filing of multiple parcel or final maps shall be in compliance with this chapter.

A. Purpose. The purpose of this section is to establish procedures necessary for the implementation of the provisions of Government Code Sections 66410 et seq., relating to vesting tentative maps.

B. General. Whenever a provision of the Act or this chapter requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed (Government Code Sections 66452, 66498.1 – 66498.9).

C. Procedures and requirements.

1. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as is required of tentative maps in compliance with this chapter, except as otherwise provided in this section.

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

3. At the time a vesting tentative map is filed a subdivider shall also supply all of the following information, as applicable:

a. The height, location, and size of all existing and proposed structures.

b. Detailed information on the use(s) of the existing and proposed structures.

c. Architectural plans for tract development.

d. Detailed circulation information (existing and proposed). This information may include area wide traffic data sufficient for the City to determine future circulation needs.

e. Detailed grading plans.

f. Flood control information.

g. Hazardous materials, Level 1 Study.

h. Road, sewer, storm water, and water details.

i. Soils report.

j. Any other studies the Director and/or City Engineer may require to thoroughly evaluate the project.

k. The Director may require the filing and concurrent review of other related development applications where it is necessary for the review and implementation of the vesting tentative map.

4. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Act and/or this chapter for the expiration of approved or conditionally approved tentative maps.

D. Vesting on approval of vesting tentative map.

1. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in compliance with Government Code Section 66474.2.

2. However, if Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall be deemed to have conferred a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map was approved or conditionally approved.

3. The review authority may alter any condition(s) of a vesting tentative map through an amendment in compliance with LDC Section 10.03.070 (Correction and Amendment of Maps) or LDC Section 10.02.120 (Amendments to Approved Tentative Maps) in order to protect against conditions dangerous to public health and safety or to comply with State or Federal law.

E. Expiration of vested rights.

1. Final map shall be approved before expiration of the vesting tentative map. The vested rights referred to in this section shall expire if a final map is not approved before the expiration of the vesting tentative map, as provided in the Act (Government Code Sections 66498.1(d), 66463.5(g)).

2. Period for vesting rights. If the final map is approved, the vested rights shall last for the following periods of time (Government Code Section 66498.5(b)):

a. An initial time period of 12 months following the recordation of the final or parcel map.

b. If a project covered by a single vesting tentative map is divided into phases and more than one final map is recorded, the 12-month period begins for each phase when the final map for that phase is recorded.

c. A subdivider may apply for a 12-month extension 30 days before expiration in compliance with subsection C (Expiration), above.

d. If the extension is denied, the subdivider may appeal that denial within 15 days after the denial, in compliance with Chapter 9.15 LDC (Appeals).

3. Expiration of vesting rights.

a. If the subdivider submits a complete application for a Building Permit during the 12-month period specified in subsection E.2, above, the right to proceed with development continues until the Building Permit expires (Government Code Section 66948.5(d)).

b. If a final map or parcel map is recorded based upon a vesting tentative map, and the development rights expire, the final map remains in effect without the development rights.

4. Extension of time for exercise of vesting rights.

a. If the City does not complete processing of an application for a Grading Permit or for design or architectural review within 30 days of the date the application is complete, the 12-month period specified in subsection E.2, above, is automatically extended by the time exceeding the 30-day period used by the City to complete processing (Government Code Section 66498.5(c)).

b. Before the expiration of the 12-month period specified in subsection E.2, above, a subdivider may apply to the City for an extension in compliance with LDC Section 10.02.110 (Tentative Map Expiration and Extensions), below (Government Code Section 66463.5(g)).

F. City's right to condition or deny approval.

1. This section does not:

a. Enlarge or diminish the types of conditions which the City may impose on a development; or

b. Diminish or alter the City's power to protect against a condition dangerous to the public health or safety (Government Code Section 66498.6).

2. The City may condition or deny a permit, approval, extension, or entitlement relating to a vesting tentative map if it determines that either:

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

b. The condition or denial is required to comply with State or Federal law (Government Code Section 66498.1(c)).

(Ord. 2151 § 4, 2023)

A. Time limits may be extended. The time limits specified in this part and the Act for reporting and acting on maps may be extended by mutual consent of the subdivider and the City.

B. Waiver of time limits. The City may not require a routine waiver of time limits except as necessary to permit concurrent processing of related approvals or an Environmental Impact Report on the same project (Government Code Section 66451.1).

C. Expiration and extensions of tentative maps.

1. Expiration defined.

a. The approval or conditional approval of a tentative map expires 24 months after its date of approval.

b. The expiration of the map terminates all proceedings, and no final or parcel map may be filed without first processing a new tentative map (Government Code Sections 66452.6(a), (d), 66463.5).

2. Statutory extensions.

a. $178,000 or more of public improvements.

(1) If the subdivider is subject to a requirement of $178,000 or more to construct, improve, or finance public improvements outside the tentative map boundaries (excluding public rights-of-way improvements which abut the property), each filing of a phased final map extends the expiration of the tentative map by 36 months, not to exceed a total of 10 years.

(2) The $178,000 amount shall be annually increased by operation of law for inflation each year after 2005 in compliance with Government Code Section 66452.6, or as that section may be amended from time to time (Section 66452.6(a)).

(3) For purposes of this section "filing" of a final map is the date of the Council meeting at which the Council receives the map (Government Code Section 66457).

b. Development moratorium. The 24- or 36-month period of time specified in subsection C.2.a, above, shall not include any period of time during which a development moratorium, defined by the Act, is in existence for up to five years (Government Code Section 66452.6(b), (f)).

c. Pending litigation.

(1) If a lawsuit has been filed and is pending in a court of competent jurisdiction affecting the validity of the approval or conditional approval of a parcel map or tentative map, the subdivider may apply to the City within 10 days of the service of the initial petition or complaint upon the City for a stay of the time in which a parcel map or tentative map will expire (Government Code Section 66452.6(c)).

(2) Within 40 days after receiving the request, the Director may stay the map's expiration date until final conclusion of the action, if the Director determines that the action affects the validity of the parcel map or tentative map approval.

3. Improvement plans review.

a. A tentative map remains valid during the period that the review of subdivision map and improvement plans by the City is underway, and the subdivider is actively pursuing approval of a final map.

b. However, under no circumstances will the map remain valid for a period beyond 12 months after the expiration date of the tentative map.

c. In addition, if the City Engineer determines at any time during the improvement review period that the subdivider is not actively pursuing the approval of the final map, as evidenced by subdivider's failure to adhere to time deadlines as specified in guidelines promulgated by the City Engineer, the privileges granted by this subsection will end and the map will expire; provided, the expiration date of the tentative map has passed (Government Code Section 66452.6(d)).

D. Filing of extension request.

1. The time limits for acting on maps and associated appeals, as specified in this part and Government Code Sections 66410 et seq., may be extended by mutual consent of the subdivider and the City.

2. An extension request shall be in writing and shall be filed with the Department not less than 45 days before the date of expiration of the approval or previous extension, together with the required filing fee in compliance with the Planning Fee Schedule.

3. No public hearing is required for the extension (Government Code Section 66452.6(e)).

E. Approval of initial extension. The Director may grant one 12-month extension to the initial time limit, only after first finding all of the following:

1. There have been no changes to the provisions of the General Plan, any applicable specific plan, or this Development Code applicable to the project since the approval of the parcel map or tentative map;

2. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan, any applicable specific plan, or other standards of this Development Code apply to the project; and

3. There have been no changes to the capacities of community resources, including but not limited to roads, sewage treatment or disposal facilities, schools, or water supply so that there is no longer sufficient remaining capacity to serve the project.

F. Approval of additional extensions.

1. The Commission may grant additional extensions to the initial time limit, only after first making the three finds specified in subsection E, above.

2. However, the aggregate period of time for all extensions shall not exceed the maximum limits specified in Government Code Section 66452.6.

G. Appeal of decision. If the tentative map extension request is denied, the subdivider may appeal the denial within 10 days after the effective date of the denial of the extension in compliance with Chapter 9.15 LDC (Appeals).

(Ord. 2151 § 4, 2023)

A. Minor changes to approved tentative maps. A subdivider may request minor changes or amendments to an approved parcel map or tentative map or its conditions of approval before recordation of a parcel or final map in compliance with this section. Changes to a parcel or final map after recordation are subject to LDC Section 10.03.070 (Correction and Amendment of Recorded Maps).

B. Minor changes defined. Minor changes or amendments to a parcel map or tentative map that may be requested by a subdivider in compliance with this section include minor adjustments to the location of proposed parcel lines and improvements, and reductions in the number of approved parcels (but no increase in the number of approved parcels), and any changes to the conditions of approval, consistent with the findings required by subsection F (Required Findings for Approval), below.

C. Changes other than minor changes. All proposed changes or amendments not covered by this section shall require the filing and processing of a new parcel map or tentative map in compliance with this chapter.

D. Application for changes. The subdivider shall file an application and filing fee, in compliance with the Planning Fee Schedule, with the Department, using the forms furnished by the Department, together with the following additional information:

1. A statement identifying the parcel map or tentative map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and

2. Any additional information deemed appropriate by the Director.

E. Processing of application. Proposed changes to a parcel map or tentative map or conditions of approval shall be processed using the same procedures as the original parcel map or tentative map, except as otherwise provided by this section.

F. Required findings for approval. The Director may approve changes or amendments to an approved parcel map or tentative map or its conditions of approval if the Director first finds all of the following findings to be true, and that all of the applicable findings for approval required by Sections 10.02.060A and B above, can still be made:

1. No parcels are added, deleted, or substantially altered;

2. No proposed structure locations are substantially altered;

3. The changes are consistent with the intent and spirit of the original parcel map or tentative map approval;

4. No amenity, facility, or feature is deleted which substantially affects the project's function, quality, or safety; and

5. There are no resulting violations of this part, the Act, or other applicable laws.

G. Effect of changes on time limits. Approved changes to a parcel map or tentative map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits provided by LDC Section 10.02.110 (Tentative Map Expiration and Extensions), nor extend any right(s) in compliance with a vesting tentative map.

H. Recording of amendments. Minor changes or amendments shall be indicated on the approved map and certified by the Director and City Engineer.

LDC § 10.03.010. Purpose.

This chapter establishes requirements for the preparation, filing, processing, approval, conditional approval, or deny, and recordation of parcel maps and final maps, consistent with the requirements of the Act.

LDC § 10.03.020. Waiver of Parcel Map.

A. Director may waive requirement for a parcel map. The Director may waive the requirements for a tentative parcel map for the following (Government Code Section 66428):

1. A division of real property or interests in the property created by eminent domain procedures, partition, probate, or other civil judgments or decrees;

2. A division of property resulting from conveyance of land or interest in the land to or from the City, public entity, or public utility for a public purpose (e.g., public building sites, school sites, or rights-of-way or easements for drainage, sewers, streets, utilities, etc.) "Land conveyed to or from a governmental agency" includes a fee interest, a leasehold interest, an easement, or a license;

3. A division of property which has been merged under this part, the Act, or any prior City ordinance; and

4. Any other division of property which would otherwise require a parcel map.

B. Development Plan Check and Procedures Manual. A person requesting a parcel map waiver shall comply with the requirements specified in the City's Development Plan Check and Procedures Manual and parcel map waiver checklist.

C. Findings required. To waive the tentative parcel map requirements, the Director, in consultation with the City Engineer, shall first find that the proposed division of land complies with requirements as to:

1. Area;

2. The City's standard engineering specifications for improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection;

3. Other requirements of the Act and this Development Code; and

4. The City's Development Plan Check and Procedures Manual.

D. Waiver may be conditioned. A waiver of the tentative parcel map requirement may be conditioned to require payment by the subdivider of drainage, park land dedication, and other fees by a method approved by the City Engineer.

E. Parcel map required. Whenever a tentative parcel map is waived under this section, a parcel map shall be submitted to and reviewed for approved by the City Engineer and Director.

1. After approval, the City Clerk shall transmit the map to the County Recorder.

2. If the County Recorder rejects that map for filing, the City shall rescind its approval of the map in compliance with Government Code Section 66466.

(Ord. 2082 § 2(Z), 2019)

A. General.

1. The form, contents, accompanying data, and filing of a final or parcel map shall conform to the Act and this section (Government Code Section 66433).

2. The final or parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

3. The City Engineer may waive a requirement of this section regarding map contents and accompanying information if the City Engineer finds that the requirement is not applicable to the subdivision.

B. Phasing of final maps.

1. Multiple final maps relating to an approved tentative map may be filed if:

a. The subdivider states in the tentative map application the subdivider's intention to file multiple final maps; or

b. After filing of the tentative map, the Council and the subdivider agree to the filing of multiple final maps (Government Code Sections 66456.1, 66463.1).

2. Each final map which constitutes a part of the approved tentative map shall have a separate subdivision number.

3. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to ensure a logical and orderly development of the whole subdivision.

C. Survey required.

1. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer that is licensed to practice land surveying, or licensed land surveyor.

2. All monuments, property lines, centerlines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey.

3. At the time of making the survey for the final or parcel map, the engineer or surveyor shall set sufficient durable monuments, conforming to the standards specified in Business and Professions Code Section 8771, so that another engineer or surveyor may readily retrace the survey.

a. At least one exterior boundary line shall be monumented before recording the final map.

b. Other monuments shall be set as required by the City Engineer.

D. Form. The form of the final or parcel map shall conform to the Act and the following requirements (Government Code Section 66434).

1. The final or parcel map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film.

a. Acknowledgments, affidavits, and certificates may be legibly stamped or printed upon the map with opaque ink.

b. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to ensure permanent legibility (Government Code Section 66434(a), 66445(a)).

2. The size of each sheet shall be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch (Government Code Sections 66434(b), 66445(b)).

3. The scale of the map shall be not less than one inch equals 100 feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end.

4. 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. When two or more sheets including the certificate sheet are used, a key sheet shall be included (Government Code Sections 66434(b), 66445(b)).

5. All printing or lettering on the map shall be of one-eighth inch minimum height and of a shape and weight as to be readily legible in prints and other reproductions made from the original drawings.

6. The boundary of the subdivision shall be designated by a heavy black line one-sixteenth inch thick, in a manner so as not to obliterate figures or other data.

7. All dimensions shown on the final map shall be in feet and decimals of a foot.

8. All lines shown on the final map which do not constitute a part of the subdivision itself shall be clearly distinguishable and any area enclosed by the lines shall be labeled "not a part of this subdivision" (Government Code Sections 66434(e), 66445(d)).

9. There shall appear on each map sheet the scale, the north point, and the basis of bearings and the equation of the bearing to true north. The basis of bearings shall be approved by the City Engineer.

10. The final form of the final or parcel map shall be as approved by the City Engineer.

E. Contents. The contents of the final or parcel map shall conform to the Act and the following requirements (Government Code Sections 66434, 66445):

1. Title sheet. The title sheet shall include:

a. The subdivision number conspicuously placed at the top of the sheet;

b. Acceptances of dedication, acknowledgments, affidavits, certificates, endorsements, and notarial seals required by law (Government Code Sections 66435, 66435.2, 66445(e) through (i)):

c. Where the size of a subdivision permits, in lieu of a title sheet, required information may be shown on the same sheet as the final map;

d. The date of preparation and the signed certificate of the subdivider's engineer or surveyor who prepared the map;

e. A certificate of dedication signed by those persons having any record title interest in the subdivided land, if any land is to be dedicated for public use;

f. A certificate enacted by all parties having any record title interest in the subdivided land, consenting to the preparation and recordation of the map (Government Code Section 66430); and

g. Certificates for execution by the City Engineer and the City Clerk.

2. Title.

a. Each sheet shall have a title showing the subdivision number and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey.

b. The following words shall appear in the title, "City of Livermore, Alameda County, California."

3. Angular, linear, and radial data.

a. Sufficient angular, linear, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary.

b. Arc length, radius, and total central angle and radial bearings of all curves shall be shown.

c. Ditto marks shall not be used in the dimensions and data shown on the map.

4. Monuments. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at or on City Engineer approved offsets at the following locations:

a. The intersection of street centerlines;

b. Beginning and end of curves or intersection of tangents on centerlines; and

c. Other locations as may be required by the City Engineer (Government Code Sections 66495, 66498).

5. Parcels.

a. Parcel numbers shall begin with the number one in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event, parcel numbers may begin with the next consecutive number following the last number in the preceding unit.

b. Each parcel shall be shown entirely on one sheet of the map, unless approved by the City Engineer.

c. The subdivider shall show the area of any parcel on the map, calculated excluding the area within any public street or alley (either existing or proposed) abutting the parcel, but including the area within any easements for other purposes (either existing or proposed).

6. Adjoining properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number and reference to the book and page of the filed map showing the subdivision, and if no subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book and page number for the last record owner.

7. City boundaries. City boundaries which cross or join the subdivision shall be clearly designated as shall locations of boundary lines of the school district or other taxing districts adjacent to or intersecting the subdivision.

8. Street names. The names of all existing and proposed streets, alleys, or highways within or adjoining the subdivision shall be shown (Government Code Sections 66434(d), 66445(c)).

9. Easements and dedications.

a. Every easement and proposed dedication for road or street, path, sanitary sewer, stormwater drainage, utility, water main, or other public use as may be required shall be offered for dedication to the public for acceptance by the City or other public agency, and the use shall be specified on the map.

(1) If at the time the final map is approved, an alley, path, street, or storm drainage easement is not accepted by the Council, the offer of dedication shall remain open and the Council may, by resolution at any later date, accept and open the alley, path, street, or storm drainage easement for public use.

(2) The acceptance shall be recorded in the office of the County Recorder (Government Code Section 66477.2(a); subsection H [Council Approval – Final and Parcel Maps]).

b. The City may accept or reject (subject to later acceptance) a dedication lying outside the subdivision boundary which requires a separate grant deed. The offer of dedication and the City's acceptance or rejection shall be recorded in the office of the County Recorder.

c. Every easement of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance (e.g., recorder's serial number and date, or book and page of official records).

d. An easement not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

e. Each easement of record shall be shown by dashed lines on the final map with the widths, lengths, and bearings of record.

10. Open space areas.

a. Open space areas, including greenbelts and open space corridors, may be shown, subject to the approval of the City.

b. These areas shall be dedicated as open space easements unless otherwise specified in the approval of the tentative map, and the subdivider shall agree to allow the land to be included within an open space maintenance assessment district if proposed by the City.

11. Acknowledgments, certificates, and statements. Each acknowledgment, certificate, and statement required by the Act and this part shall appear on the final or parcel map and may be combined where appropriate (Government Code Sections 66435, 66435.1 through 66443, 66445(e) through (i), 66447 through 66450, 66430).

12. Miscellaneous. The map shall also show:

a. The location and width of each drainage channel and utility and railroad right-of-way and easement;

b. The limitation, if any, on the right of access to and from a street; and

c. The location and width of nonaccess strips and reserve strips.

13. Deferred improvements (parcel map only). In a subdivision of four or fewer parcels, if fulfillment of construction requirements is being deferred under LDC Section 10.05.070B (Deferred Improvement Agreements), the parcel map shall contain a statement which reads substantially as follows (Government Code Section 66411.1(a)):

a. Notice: Certain off-site and/or on-site improvements are required in connection with these parcels. (City of Livermore File Number _____) No person may obtain a Building Permit for any parcel shown on this map until all of the required improvements are completed or financial security has been posted with the City to ensure completion prior to building occupancy.

F. Preliminary submittal for City approval. The subdivider shall submit four sets of preliminary prints of the final or parcel map to the City Engineer for checking. The preliminary prints shall be accompanied by the following data, plans, reports, and documents in a form approved by the City Engineer, and where applicable, the City Attorney.

1. Improvement plans. Improvement plans as required by LDC Section 10.05.060 (Improvement Plans);

2. Preliminary engineering geology report. A preliminary engineering geology report prepared in compliance with LDC Section 10.02.030D (Preliminary Soil and Engineering Geology Reports);

3. Preliminary soil report. A preliminary soil report prepared in compliance with LDC Section 10.02.030D (Preliminary Soil and Engineering Geology Reports);

4. Title report. A title report not more than 180 days old, showing the legal owner(s) at the time of submittal of the final map; (Government Code Section 66430);

5. Guarantee of title.

a. A guarantee of title, in a form acceptable to the City Engineer and City Attorney, shall be issued by a title company to and for the benefit and protection of the City and shall be continued complete up to the instant of recording of the final map.

b. The guarantee of title shall serve to guarantee that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided and all public easements being offered for dedication, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary;

6. Deeds for easements or rights-of-way. A signed deed for each required off-site easement or right-of-way which has not been offered for dedication on the final map and written evidence acceptable to the City in the form of right of entry or permanent easement across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility;

7. Traverse closures. Traverse closures for the boundary blocks, easements, monument lines, parcels, and street centerlines;

8. Hydrology and hydraulic calculations. Complete hydrology and hydraulic calculations for all drainage facilities;

9. Governing documents.

a. For a cooperative apartment project, condominium, stock cooperative, or conversion, the proposed declaration of covenants, conditions, and restrictions containing the provisions described in Civil Code Section 1353, and all other governing documents for the subdivision as are appropriate under Civil Code Section 1363; for all other subdivisions, any declaration of covenants, conditions, and restrictions proposed in connection therewith.

b. All governing documents are subject to review and approval by the City Engineer and City Attorney;

10. Utilities. Evidence satisfactory to the City that the utility easements are appropriate;

11. Improvement agreement.

a. If the required improvements are not completed before the presentation of the final map, the subdivider shall file an agreement in compliance with LDC Section 10.05.070A (Subdivision Improvement Agreement).

b. The subdivider shall secure the performance of the agreement in compliance with LDC Section 10.05.080A (General);

12. Other information. Additional data, reports, or information required by the conditions of approval, the City Engineer, or the City Attorney (Government Code Section 66434.2).

G. City Engineer review and approval – final and parcel maps.

1. Final maps.

a. The City Engineer, in consultation with the Director, shall review the final map to determine if it conforms to the approved tentative map conditions, the Act, and this part.

b. The subdivider shall make corrections and additions until the map is acceptable to the City Engineer.

c. The subdivider shall submit to the City Engineer all of the required documents as specified in the City's Development Plan Check and Procedures Manual.

d. Upon receipt of all required certificates and submittals and the subdivider's payment of required fees, the City Engineer shall, within 20 days, sign the appropriate certificate and present the corrected final map with accompanying documents to the Council for its consideration and review for approval (Government Code Sections 66442, 53077.5).

2. Parcel maps.

a. The City Engineer, in consultation with the Director, shall review the parcel map to determine if it conforms to the approved tentative map conditions, the Act, and this part.

b. The subdivider shall make corrections and additions until the map is acceptable to the City Engineer.

c. The subdivider shall submit to the City Engineer all of the required documents as specified in the City's Development Plan Check and Procedures Manual.

d. Upon receipt of all required certificates and submittals and the subdivider's payment of required fees, the City Engineer shall, within 20 days, sign the appropriate certificate and present the corrected parcel map with accompanying documents to the Council for its consideration and review for approval (Government Code Sections 66463, 66450).

H. Council approval – final and parcel maps.

1. Date of filing.

a. The date the final or parcel map is deemed filed with the Council is the date of the Council meeting at which the Council receives the map.

b. The Council shall consider approval of the improvement agreement and security, and completeness of the tax certificate before approving the map (Government Code Sections 66457, 66492).

2. Conformance to tentative map required. Upon presentation of the final or parcel map, the Council shall approve the map if it conforms to the tentative map conditions of approval, the Act, and this part.

a. If the map does not conform, the Council shall deny the map.

b. The Council shall make its decision at the meeting at which it receives the map or at its next regular meeting (Government Code Sections 66458, 66463(d), 66473).

3. Land lacking sufficient title.

a. The Council may not postpone or refuse approval of a final or parcel 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.

b. In this case, the City shall follow the procedures specified in Government Code Section 66462.5 and LDC Section 10.05.040A.17 (Off-Site Improvements).

4. Offers of dedication.

a. At the time of its action on the final or parcel map, the Council shall accept, accept subject to improvement, or reject each offer of dedication.

b. A rejected offer remains open to future acceptance in compliance with Government Code Section 66477.2 and Code of Civil Procedure Section 771.010 (Government Code Sections 66463(a), 66477.1, 66477.3).

5. Tax certificate and security. Before the map is submitted to the Council for approval, the subdivider shall:

a. Submit a certificate from the County Tax Collector stating that all taxes and assessments due have been paid in compliance with Government Code Section 66492; and

b. Provide verification that the subdivider has executed and filed with the Clerk of the County Board of Supervisors security for taxes and assessments in compliance with Government Code Section 66493.

I. Exception – judicial partitions.

1. Property under a Williamson Act contract. When a final or parcel 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.

2. Deferral of exactions and dedications. 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.

3. Deferred obligations. The original applicant for the final or parcel map remains personally liable for deferred obligations. (Government Code Section 66411.5)

A. Official and timely filing of map.

1. The subdivider shall cause the map to be officially filed with the City Engineer at least 30 days before the expiration of the approved or conditionally approved tentative map or any approved extension of time granted in compliance with LDC Section 10.02.110 (Tentative Map Expiration and Extensions).

2. The map shall not be considered officially filed until the engineer or surveyor has received notification from the City Engineer that all provisions of the tentative map approval, the Act, the LMC, this Development Code, and applicable City standards have been complied with.

3. The filing of the official copy of the map with the City Engineer shall constitute the timely filing of the map.

B. Review of map.

1. After the issuance of a receipt for the map, the City Engineer shall examine it as to sufficiency of affidavits and acknowledgements, correctness of surveying data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the Act, this chapter, and applicable City standards.

2. If the map is found to be in substantial compliance with the tentative map and is in correct form, the matters shown on the map are sufficient, and the City Engineer is satisfied that all of the conditions of approval have been met, the City Engineer shall endorse approval of the map.

3. The City Engineer shall combine with the map the agreements, easements, and securities as required by this chapter.

4. The material shall be transmitted to the Council for its consideration of the map.

C. Time limit for filing map. If the subdivider fails to file the map with the City Engineer and the required accompanying data with the appropriate City departments within 24 months, or other period of time specified in Government Code Section 66452.6 and LDC Section 10.02.110 (Tentative Map Expiration and Extensions), following the effective date of tentative map approval by the Review Authority, or within any authorized extension of time, the tentative map approval or conditional approval shall become void. In this case, a new filing fee shall be paid, in compliance with the Planning Fee Schedule, and an application for a new tentative map shall be filed.

1. If 120 days before the submittal of a map, the subdivider has failed to comply with the tentative map conditions which require the subdivider to construct or install off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest, including an easement or license, then at the time the map is filed with the local agency, to allow the improvements to be made, the subdivider shall enter into an agreement with the City through the City Engineer to pay all costs of the City in acquiring the property.

2. The City shall have 120 days from the filing of the map, in compliance with Government Code Section 66457, to obtain interest in the land to allow the improvement(s) to be made by negotiation or proceedings in compliance with Code of Civil Procedure Title 7 (commencing with Section 1230.010) of Part 3, including proceedings for immediate possession of the property under Code of Civil Procedure Title 7 Article 3 (commencing with Section 1255.410).

3. In the event the City fails to meet the 120-day time limitation, the condition for construction of off-site improvements shall be conclusively deemed to be waived.

4. Before approval of the map, the City may require the subdivider to enter into an agreement to complete the improvements, in compliance with subsection D (Improvement Agreements and Security Requirements), below, at the time the City acquires an interest in the land which will allow the improvements to be made.

5. "Off-site improvements," as used in this subsection, do not include improvements which are necessary to ensure replacement or construction of housing for persons and families of low or moderate income, as defined in Health and Safety Code Section 50093.

After determining that the map is in compliance with LDC Section 10.03.030 (Final Map and Parcel Map Form and Content), above, and is technically correct, the City Engineer shall execute the City Engineer's certificate on the map in compliance with Government Code Section 66442, and forward the map to the City Clerk for Council action in the following manner.

A. Applicable review authority.

1. Final parcel maps.

a. Final parcel maps without dedications: The City Engineer is the Review Authority.

b. Final parcel maps with dedications: The Council is the Review Authority.

2. Final maps. The Council shall either approve or deny final maps.

B. Review and approval by the review authority.

1. Timing of Review Authority's Review. The Review Authority shall approve or deny the map at the meeting at which it receives the map from the City Engineer or at its regular meeting after the meeting at which it receives the map, unless that time limit is extended with the mutual consent of the City Engineer and the subdivider.

2. Criteria for approval.

a. The Review Authority shall approve the map if it conforms to all of the requirements of the Act, all provisions of this Development Code that were applicable at the time that the tentative map was approved, and is in substantial compliance with the approved tentative map.

b. If the map does not conform, the Review Authority shall not approve the map.

c. Where a map does not include any offers for dedication or improvement, the City Engineer shall review the map(s) and shall approve each map if the map conforms to the applicable requirements of the Act and this chapter. If the map(s) does not conform, it shall not be approved.

3. Applicable ordinances, policies, and standards. In determining whether to approve or deny a map, the Review Authority shall apply only those ordinances, policies, and standards in effect on the date the proposal for the subdivision was accepted as complete, in compliance with Government Code Section 66474.2.

4. Action not to approve a final map or parcel map.

a. If a map is not approved due to its failure to meet any of the requirements imposed by the Act or this chapter, the denial shall be accompanied by findings identifying the requirements which have not been met or performed.

b. Approval of a map shall not be withheld when the failure of the map to comply is the result of a technical and inadvertent error which, in the determination of the Council or, in the case of a map not involving any offers of dedication or improvement, the City Engineer, does not materially affect the validity of the map.

C. Map with dedications.

1. If a dedication or offer of dedication is required on the map, the Council shall accept, accept subject to improvement, or reject, on behalf of the public, of any real property offered for dedication to the public in compliance with the terms of the offer of dedication, at the same time as it takes action to approve the map.

2. If the Council rejects the offer of dedication, the offer shall remain open and may be accepted by the Council at a later date in compliance with Government Code Section 66477.2.

3. Any termination of an offer of dedication shall be processed in compliance with Government Code Section 66477.2 using the same procedures as specified by Streets and Highway Code Part 3 of Division 9.

D. Map with incomplete improvements. If improvements required by this Development Code, conditions of approval, or other applicable laws have not been completed at the time of approval of the map, the Review Authority shall require the subdivider to enter into an agreement with the City as specified in Government Code Section 66462, and LDC Section 10.05.070 (Improvement Agreements), as a condition precedent to the approval of the map.

E. Recording of final maps and parcel maps.

1. After action by the Review Authority, as applicable, to approve the map, the City Clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Government Code Section 66464, transmit the map back to the City Engineer.

2. The City Engineer shall establish an appointment with the County Recorder for filing.

3. The County Recorder shall oversee the recording of the map.

4. If the County Recorder rejects the map for filing under Government Code Section 66466, the City shall rescind its approval of the map (Government Code Sections 66429, 66464, 66466).

5. After the filing, the subdivider shall provide to the City a copy of the recorded final map or parcel map and a microfilm copy.

In addition to the information required by this chapter to be included in all final maps and parcel maps, additional information may be required to be submitted and recorded simultaneously with a final or parcel map as required by this section.

A. Preparation and form.

1. The additional information required by this section shall be presented in the form of an additional map sheet(s), unless the City Engineer determines that the type of information required would be more clearly and understandably presented in the form of a report or other document(s).

2. The additional map sheet(s) shall be prepared in the same manner and in substantially the same form as required for final maps and parcel maps by LDC Section 10.03.030 (Final Map and Parcel Map Form and Content).

B. Content of information sheets. Supplemental information sheets shall contain the following statements and information:

1. Title. A title, including the number assigned to the accompanying final or parcel map by the City Engineer, the words "Supplemental Information Sheet";

2. Explanatory statement. A statement following the title that the supplemental information sheet is recorded along with the subject final or parcel map, and that the additional information being recorded with the final or parcel map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest;

3. Location map. A location map, at a scale not to exceed one inch equals 1,200 feet. The map shall indicate the location of the subdivision within the City;

4. Areas subject to flooding. Identification of all lands within the subdivision subject to periodic inundation by water;

5. Soils or geologic hazards reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the name of the engineer making the report; and

6. Information required by conditions of approval. Any information required by the review authority (e.g., areas subject to earthquakes and other similar environmental constraints) to be included on the supplemental information sheet(s) because of its importance to potential successor(s)-in-interest to the property, including any other easements or dedications.

A recorded final or parcel map (referred to as a map) may be amended to correct errors in the recorded map or to change characteristics of the approved subdivision in compliance with Government Code Chapter 3, Article 7 (Sections 66469 or 66472.1).

A. Type of corrections allowed by the City Engineer in compliance with Government Code Section 66469.

1. Filing of a certificate of correction or an amending map. In the event that errors in a map are discovered after recordation, or that other corrections are necessary, the corrections may be accomplished by either the filing of a certificate of correction or an amending map, in compliance with Government Code Chapter 3, Article 7.

2. Error defined. For the purposes of this section, "errors" include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the City Engineer that does not affect any property right, including but not limited to acreage, parcel numbers, street names, and identification of adjacent record maps.

3. Other corrections. Other corrections may include indicating monuments set by engineers or surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed.

4. Application and review process. An application to amend a recorded map in compliance with Government Code Section 66469 shall be filed in the following manner.

a. The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor.

b. The form and contents of an amending map or certificate shall conform to the requirements specified in LDC Section 10.03.030 (Final Map and Parcel Map Form and Content).

c. The amending map or certificate of correction shall specify in detail the corrections made and show the names of the fee owners of the real property affected by the correction or omission on the date of the filing or recording of the original recorded map (Government Code Section 66470).

d. The City Engineer shall determine if the changes requested may be approved with a certificate of correction or an amending map.

e. The City Engineer may request additional information based upon that determination and shall approve the certificate of correction or the amending map if all of the required findings specified in subsection A.5 (Required Findings), below can be made.

5. Required findings. A map may be amended, if the City Engineer first finds all of the following to be true:

a. The change(s) requested only involves a minor map annotation correction(s);

b. The amendment(s) does not impose any additional burden on the fee owner(s) of the real property;

c. The amendment(s) does not alter any interest, right, or title in the real property reflected on the map; and

d. The map, as amended, is still in compliance with Government Code Section 66474.

B. Type of corrections allowed by the Council in compliance with Government Code Section 66472.1. In the event that there are changes in circumstances which make any or all of the conditions of a recorded map no longer appropriate or necessary, the following procedures shall be followed to amend the map:

1. Application and review process. An application to amend a recorded map in compliance with Government Code Section 66472.1 shall be filed in the following manner.

a. The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor.

b. The form and contents of an amending map or certificate shall conform to the requirements specified in LDC Section 10.03.030 (Final Map and Parcel Map Form and Content).

c. The amending map or certificate of correction shall specify in detail the corrections made and show the names of the fee owners of the real property affected by the correction or omission on the date of the filing or recording of the original recorded map (Government Code Section 66470).

d. The City Engineer shall determine if the changes requested may be approved with a certificate of correction or an amending map.

e. Once approved by the City Engineer, the application shall be sent to the Council for approval of either a certificate of correction or an amending map.

f. The Council shall approve the application if all of the required findings specified in subsection B.2 (Required Findings), below can be made.

2. Required findings. A map may be amended, if the Council first finds all of the following to be true:

a. There is a change(s) in circumstances that make any or all of the conditions of the map no longer appropriate or necessary;

b. The amendment(s) does not impose any additional burden on the fee owner(s) of the real property;

c. The amendment(s) does not alter any interest, right, or title in the real property reflected on the map; and

d. The map, as amended, is still in compliance with Government Code Section 66474.

C. Filing with county recorder.

1. Filing or recordation required. The certified amending map or certificate of correction shall be filed or recorded in the County Recorder's office in which the original map was filed.

2. County recorder's actions. Upon filing or recordation, the County Recorder shall index the names of the fee owners of the real property reflected on the original recorded map and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index, and map indexes, respectively.

3. Map conclusively corrected. Upon completion of the County Recorder's actions specified in subsection C.2, above, the original map shall be deemed to have been conclusively corrected (Government Code Section 66472).

D. Amendment of an approved subdivision. In the event that a subdivider wishes to amend (e.g., change or modify) the characteristics of an approved subdivision (e.g., a recorded final map or parcel map), including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with LDC Section 10.05.070 (Improvement Agreement Required), the subdivider shall file a new tentative, final, or parcel map in compliance with this part or comply with the requirements of Government Code Section 66499.20½.

LDC § 10.04.010. Purpose.

This chapter establishes requirements consistent with the Act for certificates of compliance, lot line adjustments, parcel mergers, and reversions to acreage.

LDC § 10.04.020. Certificates of Compliance.

A. General provisions.

1. The City shall process and approve or deny applications for certificates of compliance in compliance with Government Code Sections 66499.34 and 66499.35, and this section.

2. Filing criteria and applicability – when required.

a. A recorded certificate of compliance may be requested by any person owning real property to have the Director determine whether the property complies with the provisions of this Development Code.

b. A certificate of compliance may be required by the Department with the recordation of a Notice of Merger.

c. A recorded certificate of compliance shall be required for all lot line adjustments.

d. When contiguous deeds or surveys have ambiguities in which the property boundary can not be ascertained as determined by the City Engineer and an agreement is reached to establish the line by all parties, a boundary line agreement and a certificate of compliance shall be recorded.

e. When determined by the Director, a certificate of compliance may be required for the remainder parcel(s) on final or parcel maps.

B. Application. An application for the approval of a certificate of compliance or conditional certificate of compliance shall be filed with the Director and include the information required by the Director, together with the processing fee specified by the Planning Fee Schedule.

C. Review and action by the Director.

1. The Director shall review the completed application in light of public records and applicable law.

2. If the Director is able to determine from this review that the parcel is clearly in compliance with the provisions of this part and the Act, a certificate of compliance shall be issued by the Director and delivered to the County Recorder for recordation.

3. If the Director is unable to determine from this review that the parcel is clearly in compliance, the procedures specified in Government Code Section 66499.35 shall apply.

A. Conditions for allowing lot line adjustments.

1. Compliance with Government Code Section 66412(d). Lot line adjustments shall be allowed in compliance with Government Code Section 66412(d); provided, all of the following provisions are complied with.

2. Four or fewer parcels. A lot line adjustment is between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed are not created.

3. Who shall prepare the application. An application for a lot line adjustment shall be prepared by a licensed land surveyor or civil engineer authorized to practice land surveying by the State.

4. Application requirements. Any person desiring to obtain approval of a lot line adjustment shall file a plat map (eight and one-half inches by 11 inches) with the Director, together with a filing and processing fee in compliance with the Planning Fee Schedule. The map shall contain, at a minimum, all of the following information:

a. Name and address of owner(s) whose properties are shown on the map;

b. North arrow;

c. Scale of map;

d. Date of preparation;

e. The location, name, and width of all streets and alleys abutting the property;

f. Tract and parcel identification, lot lines, bearings, and dimensions of each of the two parcels;

g. Approximate location of existing improvements and permanent structures;

h. Location and width of all easements upon or abutting the properties;

i. The location of the proposed parcel boundary line adjustment, together with all applicable bearings and dimensions;

j. The signatures of all owners of parcels involved in the boundary line adjustment, with an owner affidavit provided for each affected property; and

k. Any other information required by the City Engineer.

5. Survey may be required. The City Engineer may, at the City Engineer's sole discretion, require a survey of the properties involved, if the City Engineer finds the survey necessary in order to provide an adequate description of the subject properties.

B. Processing of lot line adjustment application – findings required for approval.

1. The Director, based on recommendations from the City Engineer, may approve a lot line adjustment only after first making all of the following findings:

a. No street or alley dedication or improvements are necessary to properly service the properties involved in the proposed lot line adjustment;

b. The parcels, as proposed by the lot line adjustment, will conform, in all respects, to the provisions of this part and those of this Development Code;

c. The new lot line(s) is located in a manner so as not to substantially alter the size and shape of the existing parcels, with "substantially alter" defined to be not reducing the parcel size by more than 10%;

d. All record owners consent in writing to the lot line adjustment; and

e. A title report prepared by a title insurer, with the title report required to be dated no older than within 90 days of the filing date of the lot line adjustment application, is submitted.

2. Where the Director finds all of the above facts to be present, the Director shall approve the lot line adjustment; and thereafter, the owner(s) of the parcels involved shall cause a map, in a form approved by the City Engineer, to be recorded.

3. If the Director finds any of the foregoing facts specified in subsection B.1, above, not present, the lot line adjustment shall be denied.

a. The applicant shall be advised of the Director's action.

b. In case of denial, the applicant shall have the option of:

(1) Appealing the decision to the Commission in compliance with Chapter 9.15 LDC (Appeals); or

(2) Filing a parcel or final map in compliance with this part.

(Ord. 2082 § 2(AA), 2019; Ord. 2151 § 4, 2023)

A. Purpose.

1. This section is provided in compliance with Government Code Division 2, Chapter 3, Article 1.5 (Merger of Parcels), Sections 66451.10 through 66451.33, for the purpose of establishing the authority of the City to merge or unmerge two or more parcels or units of land held by the same owner.

2. Parcel mergers may be voluntary mergers initiated by the property owner(s) or mandatory mergers initiated by the City.

3. Parcels may also be merged in compliance with Government Code Section 66499.20½ or 66499.20¾ pertaining to the reversion to acreage.

B. Voluntary merger of contiguous parcels.

1. Description and purpose. It is the purpose of this section to allow property owners to request a voluntary merger of contiguous parcels that are under the same ownership.

2. Process.

a. The property owner shall file an application for a parcel merger.

b. The City Engineer shall be the Review Authority.

c. The merger of the subject parcels becomes effective when the City Engineer causes a notice of merger specifying the names of the record owners and a description of the real property to be filed for record with the County Recorder.

3. Requirements. A parcel may be voluntarily merged with one or more contiguous parcels held by the same owner: if any one of the contiguous parcels held by the same owner does not conform to standards for minimum parcel size or dimension specified by the applicable zone; if the property owner wishes to construct a structure across the property line(s) of two or more contiguous parcels; or, if at least one of the parcels meet one or more of the requirements specified in the Government Code Section 66451.11(b).

C. Where these provisions do not apply.

1. This section shall not apply to the sale, lease, or financing of one or more contiguous parcels or units of land which have been created under the provisions of City ordinances regulating the division of real property and Government Code Sections 66410 et seq., applicable at the time of their creation, or to parcels or units which were not subject to the provisions at the time of their creation, even though the contiguous parcels or units are held by the same owner.

2. However, if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to allow use or development in compliance with this Development Code, then those parcels or units shall be merged.

D. Mandatory merger of nonconforming contiguous parcels under single ownership. Contiguous parcels or units of land held by the same owner on the date that notice of intention to determine status is filed shall be involuntarily merged if one of the parcels or units does not conform to the minimum parcel size to allow use or development in compliance with this Development Code, and if all of the following requirements are satisfied in compliance with Government Code Section 66451.11(b):

1. At least one of the affected parcels is not developed with any structure for which a Building Permit was issued or for which a Building Permit was not required at the time of construction, or is developed only with an accessory structure(s), or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

2. With respect to any affected parcel, one or more of the following conditions exists:

a. Comprises less than 5,000 square feet in area at the time of the determination of merger.

b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

c. Does not meet current standards for sewage disposal and domestic water supply.

d. Does not meet slope stability standards.

e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

f. Its development would create health or safety hazards.

g. Is not consistent with the applicable General Plan and any applicable specific plan, other than minimum parcel size or density standards.

3. Subsection C.2, above, shall not apply if any of the conditions specified in Government Code Section 66451.11(b)(A), (B), (C), (D) or (E) exist.

E. Proceedings for notice of intention to determine status.

1. Whenever the City Engineer has knowledge that real property has merged in compliance with this section, the City Engineer shall mail, by certified mail, to the current record owner(s) of the property a notice of intention to determine status.

a. The notice of intention shall state that the affected parcels may be merged in compliance with this section; that the owner may request, within 30 days from the date the notice of intention was recorded, a hearing before the Commission to present evidence that the property does not meet the standards for merger; and that the notice of intention was recorded with the County Recorder on the date the notice of intention was mailed to the property owner(s).

b. Upon receipt of a request for a hearing, the City Engineer shall set the hearing for a date not less than 30 days but not more than 60 days from the date of receipt of the request.

c. The property owner shall be notified of the hearing by certified mail.

d. After the hearing, the Commission shall determine whether the affected property has merged in compliance with this section.

e. A determination of non-merger may be made whether or not the affected property meets the standards for merger specified in subsection D, above.

f. The determination shall be made and notification of the determination shall be mailed to the property owner(s) within five working days following the date of the hearing.

2. If the parcels have merged, the City Engineer shall file a notice of merger with the County Recorder within 30 days following the date of the hearing, unless the determination has been appealed in compliance with subsection E.3 of this section and Chapter 9.15 LDC (Appeals).

a. The notice of merger shall specify the name(s) of the record owner(s) and shall particularly describe the real property.

b. If the parcels have not merged, the City Engineer shall record a release of the notice of intention within 30 days following the date of the determination, and shall mail a copy of the release to the owner(s).

c. If no hearing is requested, the determination shall be made not later than 90 days after the mailing of the notice of the opportunity for a hearing.

3. If the owner(s) requested a hearing, the determination of the Commission may be appealed to the Council within 10 days following the date of mailing the notice of determination by filing a written appeal with the City Clerk, in compliance with Chapter 9.15 LDC (Appeals).

a. A fee in compliance with the Planning Fee Schedule shall be paid at the time of filing the appeal.

b. Upon receipt of an appeal and payment of the fee, the City Clerk shall place the matter on the Council agenda not less than 30, but not more than 60, days following the date the appeal was filed.

c. If, after a hearing, the Council grants the appeal, the City Clerk shall, within 30 days, record a release of the notice of intention with the County Recorder.

d. If the appeal is denied, the City Clerk shall, within 30 days, record a notice of merger with the County Recorder.

e. A copy of either the release or the notice of merger shall be sent to the property owner(s).

F. Unmerger.

1. Deemed Unmerged. In compliance with Government Code Article 1.7 (Unmerger of Parcels), any parcel or unit of land which merged in compliance with the provisions of any law before January 1, 1984, but for which a notice of merger was not recorded on or before that date are deemed unmerged, if on January 1, 1984, all of the criteria established by Government Code Section 66451.30(a) are met, and if none of the conditions specified in Government Code Section 66451.30(b) exist.

2. Filing of a Certificate of Compliance. Upon request of an owner, the City Engineer shall file a certificate of compliance whenever the City Engineer determines that a parcel is unmerged in compliance with this section.

G. Request for determination of merger.

1. City Engineer's determination of merged or unmerged.

a. A property owner may request that the City Engineer determine whether property has merged in compliance with subsection D (Merger of Nonconforming Contiguous Parcels under Single Ownership), above, or is deemed unmerged in compliance with subsection F (Unmergers), above.

b. A request for determination shall be made in writing and shall be accompanied by a fee in compliance with the Planning Fee Schedule.

2. Determination of merged. Upon determination that property has merged, the City Engineer shall issue to the owner(s) and record with the County Recorder a notice of merger.

3. Determination of unmerged. Upon determination that property is deemed unmerged, the City Engineer shall issue to the owner(s) and record with the County Recorder a certificate of compliance showing each parcel as a separate parcel.

H. Effect of nonprejudicial error. The failure, informality, neglect, or omission as to a matter pertaining to findings, notices, recommendations, reports, or any other matter of procedure does not affect the validity of the action taken, unless after the examination of the entire process, it is found the complaining party suffered substantial prejudice.

(Ord. 2151 § 4, 2023)

A. Filing provisions.

1. A reversion to acreage shall be initiated, processed, reviewed, and approved or denied in compliance with Government Code Chapter 6, Article 1.

2. An application for reversion submitted by a property owner(s) shall include all information required by the Department, and shall include the fee required by the Planning Fee Schedule.

3. A parcel map may be filed to revert to acreage land previously subdivided that consists of four or less contiguous parcels, in compliance with Government Code Section 66499.20¼.

B. Procedures.

1. Public hearing required.

a. The Commission shall hold a public hearing on all petitions for, and Council initiations of, reversions to acreage.

b. The notice of the hearing shall be provided and the hearing shall be conducted in compliance with LDC Chapter 9.17 (Public Hearings).

2. Reversion by parcel map. In the case of a reversion to acreage by parcel map, the Commission may approve the reversion to acreage only if it first makes all of the findings required by subsection C (Required Findings), below.

3. Reversion by final map.

a. For a reversion to acreage by final map, the Commission shall render its decision in the form of a written recommendation to the Council.

b. The recommendation shall include the reasons for the recommendation and shall be transmitted to the Council.

c. Upon receipt of the recommendation of the Commission, the Council shall hold a public hearing.

d. The notice of the hearing shall be provided and the hearing shall be conducted in compliance with LDC Chapter 9.17 (Public Hearings).

e. The Council may approve a reversion to acreage only if it first makes all of the findings required by subsection C (Required Findings), below.

C. Required findings. The Review Authority shall approve a reversion to acreage only after first making all of the following findings, as required by Government Code Section 66499.16:

1. Dedications or offers of dedication to be abandoned or vacated by the reversion to acreage are unnecessary for present or prospective public purposes; and

2. Either:

a. All owners of an interest in the real property within the subdivision have consented to the reversion;

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

c. No parcels shown on the final or parcel map have been sold within five years from the date the map was filed for record.

D. Post approval procedures.

1. After the hearing before the Commission and/or the Council and approval of the reversion to acreage, the final or parcel map, as applicable, shall be delivered to the City Engineer.

2. The reversion to acreage shall be effective upon the final or parcel map being filed for recordation by the County Recorder.

3. Upon filing, all dedications and offers of dedication not shown on the final or parcel map for reversion shall be of no further force or effect.

E. Effect of reversion. The filing of a final or parcel map, as applicable, to complete a reversion to acreage shall also constitute the merger of the separate parcels into one parcel, in compliance with Government Code Section 66499.20½.

LDC § 10.05.010. Purpose.

A. Requirements for the design and layout. This chapter establishes standards for the design and layout of subdivisions, and the design, construction, and installation of public improvements located within subdivisions.

B. Creation of new usable parcels. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan, any applicable specific plan, and this Development Code.

The requirements of this chapter apply as follows.

A. Extent of required improvements. Each subdivision of four or fewer parcels, and each subdivision of five or more parcels, shall provide the improvements required by this chapter, and any additional improvements required by conditions of approval.

B. Applicable design standards, timing of installation.

1. The subdivider shall design and construct all on- and off-site improvements according to standards approved by the City Engineer.

2. No parcel or final map shall be presented to the Council for approval and no parcel map shall be presented to the City Engineer for approval until the subdivider either completes the required improvements, or enters into a subdivision improvement agreement with the City for the work in compliance with LDC Section 10.05.040 (Subdivision Improvement Requirements), below.

C. Subdivision improvement standards – conditions of approval.

1. The applicable subdivision improvement and dedication requirements of this chapter and any other improvements and dedications required by the Review Authority shall be described in conditions of approval adopted for each approved tentative map in compliance with LDC Section 10.02.070 (Conditions of Approval).

2. The design, construction, or installation of all subdivision improvements shall comply with the requirements of the City Engineer.

D. Oversizing of improvements.

1. At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the City, in compliance with Government Code Chapter 4, Article 6.

2. In the event that oversizing is required, the City shall comply with all applicable provisions of Government Code Sections 66485 et seq., including the reimbursement provisions of Government Code Section 66486.

3. If a parcel proposed for subdivision is subject to an existing reimbursement agreement, the subdivider shall pay the required reimbursement before the recordation of the parcel or final map, or the issuance of a Building Permit for construction on the parcel, whichever occurs first.

E. Exceptions.

1. Exceptions to the requirements of this chapter may be requested and considered in compliance with LDC Section 10.05.040B (Exceptions – Rural Residential Subdivisions with Parcels Over 10 Acres in Area), below.

2. The subdivision of a parcel into two lots in accordance with LDC Chapter 11.50 (Two-Unit Residential Developments and Urban Lot Splits) or the subdivision of a lot into 10 or fewer lots in accordance with LDC Chapter 11.69 (Streamlined Review of Eligible Subdivisions) shall only be subject to the standards and requirements of their respective chapters.

(Ord. 2178, 7/14/2025)

All subdivisions shall be designed to comply with the provisions and requirements specified in Part 2 (General to All).

LDC § 10.05.040. Subdivision Improvement Requirements.

A. Improvements required.

1. General.

a. Required of all subdivisions. All improvements specified in this section and required as tentative map conditions of approval or by City ordinance or resolution, together with the required improvements specified in this part, are required of all subdivisions.

b. Exceptions for subdivisions with parcels over 10 acres in area. Exceptions for the improvements specified in this section shall be made for only those regarding frontage improvements, sanitary sewer, water supply, and public utility design and improvements provided for in subsection B (Exceptions – Rural Residential subdivisions with parcels over 10 acres in area), below.

2. Access. Every parcel or parcel created shall have access to a public or private street.

a. Parcels located on public streets in zones other than residential shall have a minimum frontage of 25 feet on a dedicated street, unless specified otherwise by this Development Code.

b. Parcels located on public streets in residential zones shall have a minimum frontage of 42 feet, unless specified otherwise by this Development Code.

c. Parcels located on private streets are subject to the frontage requirements of this Development Code, Part 2 (General to All). The subdivider shall submit a development plan showing the alignment, grade, width, and material specifications of a proposed private street, the topography and means of access to each parcel, and the drainage, sewerage, water supply, and the utilities of the parcels served by the private street.

d. Reserve strips, or nonaccess at the end of streets or at the boundaries of the subdivision, shall be dedicated unconditionally to the City when required by the City.

3. Bicycle/walking paths and multi-use trails. The subdivider shall construct bicycle paths, multiple use trails, and/or access to multiple use trails within an approved subdivision in compliance with the Circulation, Open Space and Conservation Elements of the General Plan and any applicable specific plan.

4. Bridges and major thoroughfares. The City may assess and collect fees as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares in compliance with Government Code Section 66484, after the City has established a master plan for bridge crossings and major thoroughfares by ordinance.

5. Fire hydrants. The subdivider shall install fire hydrants, with their associated underground water pipes, of sizes and locations as required and approved by the Livermore Pleasanton Fire Department.

6. Frontage improvements.

a. The frontage of each parcel shall be improved to its ultimate adopted geometric section, including, but not limited to, street structural sections, curbs, sidewalks, driveway approaches, and transitions.

b. Transit facilities (i.e., bus pads bus shelters, and bus turnouts) shall be provided on a collector street or major street when requested by Livermore Amador Valley Transit Authority.

7. Monuments.

a. At the time of making the survey for the final or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with (1) the standards described in Business and Professions Code Section 8771, (2) Government Code Chapter 4, Article 9, (3) LDC Section 10.05.100 (Monuments), below, and (4) the City standards, so that another engineer or surveyor may easily retrace the survey.

b. Interior monuments need not be set at the time the map is recorded if the engineer or surveyor certifies on the map that the monuments will be set by a specified date and if the subdivider provides security to guarantee the cost for the monuments.

c. Within five days after the final setting of all monuments, the engineer or surveyor shall give written notice to the subdivider and to the City Engineer.

8. Private facilities – maintenance. A subdivision with common area or private streets shall have conditions, covenants, and restrictions (CC&R's) reviewed by the City to ensure the proper maintenance of the common areas and/or private streets, and establish standards for maintenance.

9. Public utilities. Each parcel within an approved subdivision shall be served by public utilities, including cable television, electricity, gas, and telecommunications facilities.

a. Underground utilities required.

(1) All existing and proposed utilities, including those identified in subsection A.9, above, located within or directly serving the subdivision and along street frontages adjacent to the subdivision shall be placed underground, except for those facilities exempted by Council adopted ordinance or resolution.

(2) The subdivider is responsible for complying with the requirements of this subsection without expense to the City, and shall make necessary arrangements with the appropriate utility company for the installation of the facilities. Appurtenances and associated equipment (e.g., boxes and meter cabinets) and concealed ducts in an underground system may be placed above ground, but only upon prior approval by City.

(3) This subsection shall not apply to existing utility or common carrier routes in use at the time the subdivision is completed which do not provide service to the area being subdivided.

(4) The Council may grant an exception to the undergrounding requirements if topographical soil or other conditions make underground installation of the facilities not feasible.

b. Reimbursement for relocation or replacement.

(1) Whenever the City imposes as a condition of its approval of a tentative or a parcel map a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing facilities of a cable television system or telephone corporation, common carrier, or other public utility, the subdivider shall reimburse the appropriate facility provider for all costs for the relocation, replacement, or undergrounding.

10. Sanitary sewers. Each parcel within an approved subdivision shall be provided a connection to the City's sewage collection, treatment, and disposal system, in compliance with the City's adopted improvement standards and specifications.

a. The subdivider shall also pay the City's required connection fee.

b. All sanitary sewer mains, appurtenances, and service connections shall be constructed or laid to the line and grade established by the City Engineer and shall be of a design and size as designated.

c. Sewers shall not be installed in utility easements, except in special cases and circumstances, subject to the approval of the City Engineer.

11. Storm drainage.

a. Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system.

b. The storm drain system shall be designed for ultimate development of the watershed.

c. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in run-off attributed to the development.

d. Off-site storm drain improvements may be required to satisfy this requirement.

e. A subdivision that lies in the path of existing watercourses or overflows from existing watercourses, or natural drainage from upstream properties, shall not be approved unless adequate dedicated right(s)-of-way and improvements are provided as deemed satisfactory by the City Engineer.

f. The location, size, and type of watercourses or drainage works, and all drainage of streets and other drainage works between streets, shall comply with City standards or as required by the City Engineer.

g. When the City Engineer determines that drainage right(s)-of-way are necessary, the subdivider shall offer to dedicate upon the tentative, parcel, or final map of the subdivision the necessary right(s)-of-way for the drainage facilities.

h. Where dedication is offered or granted for Alameda County Flood Control and Water Conservation District Zone 7 right(s)-of-way, the right(s)-of-way shall be shown as parcels lettered alphabetically on the tentative, parcel, or final map. The offer of dedication or grant shall be made by an appropriate statement on the title sheet of the final map.

12. Special facilities. Special facilities as required by the General Plan, any applicable specific plan, or as a special condition of the subject zone shall be provided.

13. Street lighting.

a. All proposed subdivisions shall provide street lighting facilities designed and constructed in compliance with the City's adopted improvement standards and specifications.

b. The subdivider shall pay for street light maintenance on decorative fixture lighting as required by the City.

14. Street signs and street names.

a. Street names.

(1) All public and private streets located within a proposed subdivision shall have names in compliance with the procedures established by the City Engineer.

(2) The duplication of an existing street name within the same area shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street.

b. Street name signs. One set of signs shall be installed at each intersecting street identifying each street name at a location(s) determined by the City Engineer.

15. Water supply. Each parcel within an approved subdivision shall be served by an approved domestic water system.

a. Supply. Each approved parcel shall be served by either the City's water distribution system or California Water Service Company, which shall be designed and constructed to accommodate both domestic and fire flows, together with necessary fire hydrants to serve each parcel proposed to be created.

16. Other improvements. Other improvements (e.g., landscaping, signs, street lights, and street trees) or fees in lieu of any of the foregoing are required as determined by the City Engineer in compliance with this part and City standards and specifications.

17. Off-site improvements.

a. If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest to allow construction, the dedication of the right-of-way shall be ensured, as required by LDC Section 10.06.020D (Off-Site Rights-of-Way or Easements).

b. The City shall, before approving the final or parcel map, require the subdivider to enter into an agreement to complete the off-site improvements at the time the City acquires title to an interest in the land.

c. The City shall, within 120 days of recording the final map, acquire by negotiation or commence condemnation of the land.

d. If the City fails to meet the 120-day time limit, the condition for the construction is waived.

B. Exceptions – Rural Residential subdivisions with parcels over 10 acres in area.

1. Not applicable to parcels zoned residential over 10 acres in area. In order to meet the intent of the South Livermore Valley Plan and at the same time maintain the rural character of the South Livermore Valley, LMC regulations relating to frontage improvements, sanitary sewer, water supply, and public utility design and improvements of subdivisions shall not apply to parcels zoned residential which are over 10 acres in area.

2. Council shall establish conditions. In lieu of LMC Chapter 12.04, the Council shall establish regulations regarding frontage improvements, sanitary sewer, water supply, and public utility design and improvements in specific conditions of approval in conjunction with its approval of each parcel map or tentative map.

3. Council considerations. In imposing any alternative condition of approval regarding frontage improvements, sanitary sewer, water supply, and public utility design and improvements of subdivisions the Council shall consider whether:

a. The alternative condition of approval will aid in maintaining the rural character of the South Livermore Valley;

b. The alternative condition of approval is consistent with policies intended to protect the health, safety, and general welfare of the City;

c. The alternative condition of approval is appropriate for parcels of 10 acres or more in area; and

d. The alternative condition of approval is at least the equivalent of the regulations specified in this chapter.

A. Grading. Before the issuance of a Building Permit, a grading plan prepared and signed by a registered civil engineer shall be submitted to and approved by the City Engineer. Grading plans shall show the elevations of the natural ground at all parcel corners, the finished grade at corners, the finished pad elevation, finished floor elevations, rates and directions of all drainage swales, elevation height of all retaining or perimeter walls and finished sidewalk elevations at all front lot lines, and existing topographic elevations and drainage direction 100 feet outside the boundary of proposed project area and/or map.

1. Minimum slopes. The minimum grade of all drainage swales on parcels shall be 0.5% unless approved differently by the City Engineer.

2. Pad elevation, residential.

a. The building pad elevation of residential parcels shall be established at a minimum of 10 inches above the design sidewalk elevation at the lowest point of the parcel.

b. The finished floor elevation of slab floor houses shall be a minimum of 16 inches above the sidewalk elevation.

c. The pad elevation of all residential parcels shall be established at least one foot above the maximum water surface in an adjacent storm drain channel or the ponded surface in an adjacent sump for collection of storm drain waters.

d. An exception may be allowed in the case of a proposed subdivision served by a storm drain pump station.

e. The standards of this subsection shall apply to any building pad elevation, except where the requirements of the International Building Code (IBC) exceed these standards, in which case the requirements of the IBC shall apply.

3. Drainage plan.

a. No inter-parcel or "cross drainage" shall be allowed.

b. Each parcel shall drain its own water to a public street, approved public or private drainage facility, or natural drainage course without passing through or across an adjacent parcel, except where a legal right exists (e.g., a drainage easement), and is authorized by the City Engineer.

c. No parcel shall drain water over the bank of a flood control channel.

4. Grading practices.

a. All grading within the City shall employ the best available management practices, as determined by the City Engineer, to minimize airborne dust, erosion, sedimentation, and unnecessary grading.

b. Each building site on sloping parcels shall be individually prepared.

5. Grading exceptions. Specific exceptions to the above grading requirements may be authorized at the discretion of the City Engineer.

6. Bonding.

a. The City may require, as a condition of approval, that a bond be secured before any grading when the grading is proposed before recordation of the parcel or final map.

b. This bond would be used to install landscaping and appropriate erosion control measures as needed if the subdivider abandons the project after grading occurs.

c. All bonding shall be in compliance with LDC Sections 10.05.070 (Improvement Agreement Requirements) and 10.05.080 (Improvement Security).

7. As-built grading plan. Upon completion of grading operations the subdivider or individual parcel owner shall furnish to the City Engineer two prints of an as-built grading plan prepared by the subdivider's or owner's engineer.

8. Compliance with International Building Code required. Every map approved in compliance with the provisions of this part shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damages to off-site property, in compliance with the International Building Code, as adopted and amended from time to time by the City.

9. Retaining Walls.

a. Retaining walls shall be required at grade differences of one foot or more, unless a recorded slope easement is obtained.

b. Retaining walls shall be constructed in compliance with adopted City standards.

c. Retaining walls one foot or more in height shall be constructed of masonry or concrete, and shall be engineered to City standards.

B. Erosion and sediment control. A proposed subdivision shall be designed so that all grading incorporates appropriate erosion and sediment control measures.

A. General.

1. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer and shall conform to the conditions of approval and to the standard engineering specifications and standard details of the City.

2. Improvement plans shall include those improvements specified in LDC Section 10.05.040 (Subdivision Improvement Requirements) (Government Code Section 66456.2).

B. Form and contents. The form and contents of the improvement plans shall conform to the Engineering Division Plan Check Manual.

C. Supplementary plans and calculations.

1. Hydrology, hydraulic plans and calculations, bond or other security estimates and any structural calculations as may be required shall be submitted with the improvement plans.

2. All calculations shall be legible, systematic, signed and dated by a registered civil engineer and in a form approved by the City Engineer.

D. Filing – review by the City Engineer.

1. The subdivider shall submit copies of the preliminary improvement plans and all computations to the City Engineer for review.

2. Upon completion of the review, one set of the preliminary plans, with any required revisions indicated, will be returned to the subdivider.

3. If any revisions are necessary, the subdivider shall submit the corrected improvement plans and computations to the City Engineer.

4. The City Engineer shall act on the improvement plans within 60 working days of its submittal, plus extensions agreed to or necessitated by corrections, in compliance with Government Code Section 66456.2. (Government Code Section 66456.2)

E. Approval by the City Engineer.

1. After the subdivider has completed all required revisions, the subdivider shall transmit the corrected originals of the improvement plans to the City Engineer for signature.

2. Upon finding that the required revisions have been made and that the plans conform to all applicable City ordinances and plans, design requirements, and conditions of approval of the tentative map, the City Engineer shall sign and date the plans.

a. The originals shall be returned to the subdivider.

b. Approval of the improvement plans shall not be construed as approval of the cable television, electric, gas, or telephone service construction plans.

3. Approval by the City Engineer in no way relieves the subdivider or the subdivider's engineer from responsibility for the design of the improvements or for deficiencies resulting from the design or from any required conditions of approval of the tentative map.

4. The approval of the improvement plans by the City Engineer, or the City Engineer's certification that no improvements are required, is a condition precedent to the approval of the final or parcel map of the subdivision.

F. Revision to approved plans.

1. By the subdivider.

a. A request by the subdivider for a revision to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer and shall be accompanied by revised drawings showing the proposed revision.

b. If the revision is acceptable to the City Engineer and is consistent with the tentative map, the original shall be submitted to the City Engineer's office for initialing.

c. The original shall be returned to the subdivider, and the revised plans shall be immediately transmitted to the City Engineer.

d. Construction of any proposed revision may not begin until the City Engineer receives and approves revised plans.

2. Plan checking and insertion costs for revisions.

a. Costs incurred by the City for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider in compliance with the Community Development Department Fee Sheet.

b. A deposit, when required, shall be submitted with the revised plans and applied toward the costs. (Government Code Section 66456.2)

A. Subdivision improvement agreement.

1. Subdivision improvement agreement required. Before a final map or parcel map is approved by the Council, the subdivider shall submit a signed subdivision improvement agreement ensuring the completion of improvements within a specified time and payment for them.

2. Contents of agreement. The agreement shall be based on the City's standard form of subdivision improvement agreement and shall include (but not be limited to): the subdivider's promise to complete certain improvements and to perform repairs or corrective work for 12 months following acceptance by the City; the time of completion; special conditions; insurance requirements and improvement security requirements for faithful performance, labor and materials and warranty period; and a promise to pay the City's legal fees if the subdivision approval is challenged (Government Code Sections 66462, 66474.9).

3. Approval by City Engineer required. The agreement shall be subject to the approval as to form by the City Attorney and approval by the City Engineer.

4. Recordation required. The executed improvement agreement shall be recorded in the office of the County Recorder and shall bind the subdivider's successor(s)-in-interest.

B. Deferred improvement agreements.

1. Minor or major subdivisions.

a. When improvements are deferred, the owner of the real property shall enter into an agreement with the City in a form acceptable to the City Attorney and approved by the City Engineer for the installation of all frontage improvements at a time in the future as specified by the City. The agreement shall provide for all of the following (Government Code Section 66411.1):

(1) The owner shall begin construction of improvements within 90 days of the receipt of the notice to proceed from the City, or as mutually agreed upon in writing;

(2) In the event of a default by the owner, the City is authorized to cause construction to be done and charge the entire cost and expense to the owner, including interest from the date of notice of the cost and expense until paid. The interest rate shall be consistent with the requirements of Article 15, Section 1 of the California State Constitution;

(3) The agreement shall be recorded with the County Recorder at the expense of the owner and shall constitute notice to all successors and assigns of title to the real property of the obligations specified in the agreement, and shall also constitute a lien in a sufficient amount necessary to fully reimburse the City, including interest as provided above, subject to foreclosure in the event of a default in payment. The obligations under the agreement shall run with the property and constitute a lien against it; and

(4) In the event of litigation occasioned by default of the owner, the owner agrees to pay all costs involved, including reasonable attorneys' fees. Those costs shall become a part of the lien against the real property.

b. The construction of deferred improvements shall conform to this part and all applicable provisions of this Development Code in effect at the time of construction.

2. Remainder parcels.

a. For a designated remainder parcel, the fulfillment of construction requirements for improvements is not required until the City is ready to issue a permit or other grant of approval for development of the remainder parcel or until the construction of the improvements is required under an agreement between the subdivider and the City.

b. In the absence of an agreement, the City may require fulfillment of the construction requirements within a reasonable time following approval of the final map and before the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the City that fulfillment of the construction requirements is necessary for reasons of (Government Code Section 66424.6):

(1) The public health and safety; or

(2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.

c. If a designated remainder is subsequently sold, the owner shall obtain a certificate of compliance or conditional certificate of compliance from the Director before development occurs.

C. Reimbursement agreements.

1. Applicant may request reimbursement agreement. If the improvements required to be installed by the subdivider under subsection B (Improvements Required), above, are greater than the minimum size required by the City and contain supplemental capacity, length, number or size for the benefit of property not within the subdivision and are to be dedicated to the public, the subdivider may request that the City enter into a reimbursement agreement under either:

a. LMC Section 12.30.085 for improvements eligible under the traffic impact fee fund;

b. LMC Section 13.44.090, for storm drainage facilities; or

c. Government Code Sections 66485 through 66487 for other improvements.

2. Not available once construction begins. For improvements not covered by the traffic impact fee fund or the storm drainage fund, the City may not approve a reimbursement agreement after the date construction begins on the improvements (Government Code Sections 66485 through 66487, 66475.4).

A. General. An improvement agreement, contract, or act required or authorized by the Act or this part for which security is required shall be secured in compliance with Government Code Section 66499 et seq. and as provided in this section, and subject to the approval of the City Attorney.

B. Amount of security.

1. The subdivider shall provide a bond or other security in the amount of:

a. 100% of the total estimated construction costs to guarantee the construction or installation of all improvements;

b. 50% of the estimated construction cost to guarantee payment to subdivider's contractor, and to subcontractors and to persons furnishing labor, materials, or equipment for the construction or installation of all improvements; and

c. 15% of the cost of the improvements to guarantee the improvements against any defective work or labor done, or defective materials used in the performance of the improvements for the warranty period of 12 months following completion and acceptance of the improvements warranty security. The security for this warranty period may be provided either (1) at the time of signing the subdivision improvement agreement or (2) when the construction is completed, before the City accepts the improvements or releases the performance security, at the subdivider's option (Government Code Section 66499.3(d)).

2. As a part of the obligation guaranteed by the security, and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred by the City in enforcing the obligations secured (Government Code Sections 66499.3, 66499.4).

3. The estimate of improvement costs shall be as approved by the City Engineer and shall provide for all of the following:

a. Total construction costs;

b. 10% of the total construction cost for contingencies;

c. Increase for projected inflation computed to the estimated end of construction;

d. All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to ensure installation; and

e. Enforcement costs calculated as $25,000 or 5% of the estimated construction cost, whichever is greater. These enforcement costs are not added if the bond language includes enforcement costs in addition to the face amount of the bond.

C. Acceptable forms of security. The form of security shall be one or a combination of the following at the option of and subject to the approval of the City Attorney:

1. A bond by an insurer admitted to transact surety insurance in California. The form of the bond(s) shall be in compliance with Government Code Sections 66499.1, 66499.2, 66499.3, and 66499.4;

2. A deposit, either with the City or a responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public moneys;

3. An irrevocable letter of credit from one or more financial institutions regulated by the State or Federal government pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment and will be released only upon receipt of written instructions from the City. The form of the letter shall be subject to the approval of the City Attorney;

4. An instrument of credit from an agency of the State, Federal, or local government when any agency of the State, Federal, or local government provides at least 20% of the financing of the portion of the project requiring security (Government Code Section 66499(a));

5. A lien upon the property to be divided, created by contract between the owner and the City, if the City finds that it would not be in the public interest to require the installation of the required improvement(s) sooner than two years after the recordation of the map; the lien shall be in compliance with Government Code Section 66499(b);

6. A deed of trust which shall be recorded in the Alameda County Recorder's office and which shall be in compliance with Government Code Section 66499(b) or (Government Code Section 66499(a)(5));

7. Any other comparable form of security, acceptable to the City, as provided in Government Code Section 66499.

D. Release of improvement security.

1. Performance security. The City shall release the faithful performance security upon final acceptance of all improvements by the City.

a. Consistent with the provisions of Government Code Sections 66499.7 and 66499.8, a subdivider may apply to the City for a partial release of the faithful performance security upon completion of at least 50% of the required work in compliance with the plans and specifications for the improvement(s).

b. All applications for partial release of faithful performance security shall include a list of work completed, state the amount of the security requested for release, list all remaining work to be completed, include a cost estimate to complete all remaining work, and obligate the subdivider to continue providing the unreleased amount of the faithful performance security.

c. A partial release of the faithful performance security is subject to the City Engineer's approval, issued upon the City Engineer's investigation and determination that the subdivider has satisfied all of the following conditions:

(1) At least 50% of the required work has been completed in compliance with the plans and specifications for the improvement(s);

(2) All of the work requested for release has been completed in compliance with the plans and specifications for the improvement(s);

(3) The amount of faithful performance security requested for release is commensurate with the amount of work completed;

(4) The cost estimated for all remaining work is acceptable; and

(5) The subdivider has continued to provide for the unreleased amount of the faithful performance security.

d. Following the City Engineer's determination that the subdivider has satisfied the conditions above, the City Engineer is authorized to partially release the faithful performance security in an amount commensurate with the work completed, except that if less than all the work has been completed, the City Engineer shall not release or otherwise reduce the amount of the faithful performance security to an amount less than 10% of the total original faithful performance security, or 200% of the cost estimate for completion of all remaining work, whichever is less.

e. The City Engineer is not authorized to accept the public improvements. A partial release of the faithful performance security is not, and shall not be deemed, an acceptance by the City of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the subdivider until all of the improvements are accepted by the City.

2. Material and labor security.

a. The City shall reduce security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials or equipment, 180 days after the completion and acceptance of improvements by the City, to an amount equal to the amount of all claims filed and of which notice has been given to the City.

b. The City shall release the balance of the security upon the settlement of all claims and obligations for which the security was given (Government Code Section 66499.7(b)).

3. Warranty security. The City shall release the warranty security upon satisfactory completion of the warranty period; provided:

a. All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected to the satisfaction of the City Engineer; and

b. Not less than 12 months has elapsed since the acceptance of the improvements by the City (Government Code Sections 66499.3(d), 66499.7, 66499.9).

A. Time of completion.

1. Major subdivisions.

a. The subdivider shall complete the improvements for a subdivision of five or more parcels within 12 months from the recording of the final map, unless an extension is granted by the Council.

b. If the subdivider fails to complete the improvements within the specified time, the City may, by Council resolution, cause the uncompleted improvements to be completed, and the parties executing the performance security shall be firmly bound for the payment of all costs.

2. Minor subdivisions.

a. The completion of improvements for subdivisions of four or fewer parcels is not required until a permit or other grant of approval for the development of a parcel within the subdivision is applied for.

b. The City may require completion of the improvements within 12 months from the recording of the parcel map when it finds that the completion of the improvements is necessary for public health or safety or for the orderly development of the surrounding area.

c. The Commission or Council may make this finding at the time of tentative map approval.

d. The specified date, when required, shall be stated in the subdivision improvement agreement. (Government Code Section 66411.1; LDC Section 10.05.070 (Improvement Agreement Requirements).

3. Subdivision improvement agreement extensions.

a. The Council may extend the completion date upon written request by the subdivider and the submittal of adequate evidence to justify the extension.

(1) The request shall be made at least 30 days before expiration of the subdivision improvement agreement.

(2) No extension shall be granted if any parcel within the subdivision has been sold.

b. The subdivider shall enter into a subdivision improvement agreement extension with the City. The agreement shall be prepared by the City Engineer, approved as to form by the City Attorney, executed by the subdivider and surety.

c. In passing upon a request for a subdivision improvement agreement extension, the City may require the following:

(1) Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;

(2) Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;

(3) Increase of improvement securities in compliance with revised construction estimates;

(4) Increase of inspection fees to reflect current construction costs; however, inspection fees are not subject to decrease or refund; and

(5) The Council, as a condition to approving a time extension for the completion of improvements, may impose additional requirements relating to the physical improvements, considered necessary to bring the project into compliance with current ordinances, policies, and standards.

d. The subdivider shall pay the costs incurred by the City in processing the extension request and extension agreement.

B. Construction and inspection.

1. Conformance required. The construction methods and materials for all improvements shall conform to the conditions of approval, standard engineering specifications and standard details and all other standard plans and specifications of the City and are subject to inspection and approval by the City Engineer.

2. Final report required.

a. Except for grading, construction shall not begin until all required improvement plans are approved by the City Engineer. Grading plans shall conform to submitted improvement plans.

b. A final report acceptable to the City Engineer shall be prepared for each preliminary soil engineering report and for each preliminary engineering geology report.

(1) Each final report shall be submitted at the completion of the grading work, before the release of grading bonds, and before issuance of Building Permits.

(2) Each final report shall contain complete field data to indicate full compliance with the preliminary report and subsequent recommendations based on new information acquired during construction.

(3) The soil engineer shall provide written approval as to the adequacy of the site for the intended use based on soil engineering factors.

(4) The engineering geologist shall provide written approval as to the adequacy of the site for the intended use as affected by geologic factors (Government Code Sections 66490, 66491).

3. Inspection of work by City Engineer.

a. The subdivider shall notify the City Engineer at least 10 working days before beginning any work.

b. All work done in constructing the improvements and all materials furnished shall be subject to the inspection of the City Engineer.

c. The City Engineer and the flood control district shall have access to the work at all times during its construction and shall be furnished with every reasonable facility for ascertaining that the materials used and the workmanship are in compliance with the requirements of this part.

d. If any of the work on improvements is done by the subdivider before the inspection of the improvements as required by the City Engineer, the City Engineer may reject that work, and it is deemed to have been done at the risk of the subdivider.

4. Completion without undue delay.

a. The subdivider shall prosecute the work to completion without undue delay except for inclement weather or other reasonable cause.

b. If there is a delay in completion of the work beyond the period stated in the subdivision agreement, unless an extension is approved by the Council and the surety company, the Council may take appropriate steps to use the security to complete the work.

5. Inspection of private streets and utility systems improvements. The City Engineer shall also inspect private streets and the utility systems improvements for conformance with this Development Code and the City's standard details and specifications.

C. Issuance of certificate of occupancy. The City may not issue a certificate of occupancy until all of the public improvements have been completed, unless one of the following exceptions applies. In this section, "completion of public improvements" shall mean all subdivision improvements have been completed and are in a condition to be accepted for maintenance by the Council.

1. Phased final maps. A certificate of occupancy for a particular phase of a final map may be issued when the subdivider has completed all of the public improvements for that phase.

2. Subdivision improvement agreement. The subdivision improvement agreement may provide for a public improvement to be completed later than the certificate of occupancy. To do this, the City Engineer may approve or amend the agreement and shall first make all of the following findings that:

a. The incomplete improvement will not affect the public health or safety;

b. There is a legitimate reason for the particular improvement to be completed after the certificate of occupancy;

c. There is a specific date or defined time period within which the improvement will be completed; and

d. Adequate security is posted with the City for completion of the improvement.

3. Minor improvements. If neither subsection C.1 nor 2, above applies, the Director, in the Director's sole discretion, may authorize the release of a certificate of occupancy if the incomplete items are minor in nature, having an estimated completion cost of less than $10,000 and all of the following conditions are met. (Examples of minor items include minor landscaping and repairing minor defects in otherwise completed improvements when there is no immediate, serious risk to the public.)

a. The Director makes a finding that the incomplete improvement will not affect the public health or safety;

b. The subdivider enters into a written agreement with the City, agreeing to complete the improvement by a date certain. The City Engineer is authorized to sign this agreement; and

c. The subdivider posts a cash deposit which the City may use to complete the improvement if the subdivider fails to do so. The deposit shall be in an amount sufficient to pay for the design and installation or construction of the improvement.

4. Off-site improvements. If subsections C.1, 2 and 3, above do not apply, the Council may authorize the release of a certificate of occupancy before completion of an off-site improvement if all of the following conditions are met:

a. The Council makes a finding that the incomplete item will not affect the public health or safety;

b. The subdivider enters into a written agreement with the City, agreeing to complete the improvement by a date certain or defined time period;

c. The subdivider provides evidence that the subdivider has all necessary legal rights to the property on which the off-site improvements will be constructed;

d. The subdivider posts a cash deposit which the City may use to complete the improvement if the subdivider fails to do so. The deposit shall be in an amount sufficient to pay for the design and installation or construction of the improvement; and

e. The Council approves the new agreement and the certificate of occupancy by resolution, and findings in the resolution show that these conditions have been met.

D. Acceptance of improvements.

1. Action to accept improvements.

a. When the subdivider has completed all improvements, corrected all deficiencies, and submitted record drawings of the improvements, the City shall consider the subdivision improvements for acceptance.

b. The Council shall act by resolution accepting the improvements for maintenance and also accepting the public streets and easements (which were previously rejected) for these improvements.

2. Filing of notice. When dedications of rights-of-way, dedications of easements, or improvements are accepted for public purposes, the City Clerk shall file a notice with the County Recorder.

A. Setting of durable monuments. At the time of making the survey for the final or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with (1) the standards described in Business and Professions Code Section 8771 and (2) the City standards, so that another engineer or surveyor may easily retrace the survey.

B. Interior monuments. Interior monuments need not be set at the time the map is recorded if the engineer or surveyor certifies on the map that the monuments will be set by a specified date and if the subdivider provides security to guarantee the cost for the monuments.

C. Final setting of monuments. Within five days after the final setting of all monuments, the engineer or surveyor shall give written notice to the subdivider and to the City Engineer.

A. Purpose. This section provides standards for the preparation and review of preliminary and final soils reports, in compliance with Government Code Chapter 4, Article 7.

B. Preliminary soils report. A preliminary soils report based upon adequate test borings and prepared by a registered civil engineer shall be required for every subdivision for which a final map is required or when required as a condition of development when soils conditions warrant the investigation and report. The preliminary soils report shall be submitted with the tentative map application in compliance with LDC Section 10.02.030D (Preliminary Soil and Engineering Geology Reports).

1. Form of preliminary soils report. A preliminary soils report may be divided into two parts (i.e., soils reconnaissance and soils investigation and report) in the following manner:

a. Soils reconnaissance.

(1) The soil reconnaissance shall include a complete description of the site based on a field investigation of soils matters.

(2) The soils matters reviewed shall include erosion, settlement, stability, feasibility of construction of the proposed improvements, description of soils related hazards and problems, and proposed methods of eliminating or reducing these hazards and problems.

b. Soils investigation and report. This investigation and report shall include field investigation and laboratory tests with detailed information and recommendations relative to all aspects of grading, filling, and other earthwork, foundation design, pavement design, and subsurface drainage.

(1) The report shall also recommend any required corrective action for the purpose of preventing structural damage to subdivision improvements and the structures to be constructed on the parcels.

(2) The report shall also recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property.

(3) 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 or environmental impacts, a subsequent soils investigation of each parcel in the subdivision may be required and shall be submitted to and approved by the Building Inspection Department and the City Engineer before approval of a parcel or final map.

2. Preliminary soils report waiver. The preliminary soils report may be waived if the City Engineer determines that existing available information on the qualities of the soils of the subdivision makes no preliminary analysis necessary.

C. Final soils report. A final soils report prepared by a registered civil engineer shall be required where a preliminary soils report was required, unless the final report is waived by the City Engineer.

1. Filing of report. The final soils investigation and report shall be filed with the improvement plans.

2. Content of report.

a. The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary soils report and the specifications for the project.

b. The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary soils reports, along with any corrections, additions, or modifications not shown on the approved plans.

D. Geologic investigation and report. If the City Engineer determines that conditions warrant, a geologic investigation and report may also be required.

LDC § 10.06.010. Purpose.

This chapter establishes requirements for subdivider dedications of land or payment of fees, in conjunction with subdivision approval.

LDC § 10.06.020. Dedication of Rights-of-Way and Easements.

A. Offered for dedication. Every alley, drainage channel, easement, reserve strip (or waiver of access rights), street, walkway, and other right-of-way shown on the final or parcel map intended for public use shall be offered for dedication at the time the final or parcel map is filed (Government Code Sections 66475, 66476, 66477.1, 66477.2, 66477.3).

B. Property dedicated in fee for public purposes. When property is dedicated in fee for public purposes, other than for open space, parks, or schools, the City shall record with the County Recorder a certificate, attached to the map, which contains all of the following:

1. The name and address of the subdivider;

2. A legal description of the dedicated property; and

3. A statement that the City shall reconvey the property if the City later determines that the public purpose or the need for the property no longer exists (Government Code Section 66477.5).

C. Provision of rights-of-way and easements. The subdivider shall provide rights-of-way and easements for all on-site and off-site sidewalks, streets, utilities, and appurtenant landscaping. The subdivider shall pay all acquisition costs.

D. Off-site rights-of-way or easements. If any off-site rights-of-way or easements are required:

1. The subdivider shall enter into the City's standard right-of-way agreement which specifies how and when the necessary title to an interest in the land shall be acquired. The subdivider shall enter into this agreement before the first plan check of the map and improvement plans are submitted to the City.

2. Before Council approval of the final map, one of the following shall have occurred:

a. The City has received signed deeds for all off-site rights-of-way and easements; or

b. The subdivider has executed the standard City contract for real property acquisition and deposited the estimated acquisition costs into a City trust account, and the subdivider has formally requested and the Council has approved a resolution of intent to use its powers of condemnation to acquire the rights-of-way and/or easements.

A. General. Where a fire station, library, park, recreational facility, or other public use is shown on the General Plan or applicable specific plan, and the plan contains policies and standards for those uses, the City may require a subdivider to reserve sites for those uses as a condition of approval of a tentative map. (Government Code Section 66479)

B. Limitations.

1. The reserved area shall be of a size and shape as to permit:

a. The balance of the property to develop in an orderly and efficient manner; and

b. The reserved area to be efficiently used or divided if it is not acquired by a public agency.

2. The amount of land reserved may not render development of the remaining land economically unfeasible.

C. Acquisition. The public agency for whose benefit an area has been reserved shall at the time of final or parcel map approval enter into an agreement to acquire the area within two years, or longer by mutual agreement (Government Code Sections 66480, 66481).

The City may not approve a tentative or final map if the proposed subdivision fronts upon a public bay, lake, reservoir, river, shoreline, stream, or waterway, unless the subdivision provides reasonable public areas from a public street to that portion of the bank or shoreline bordering or lying within the subdivision (Government Code Sections 66478.4, 66478.11, 66478.12).

LDC § 10.06.050. (Reserved)

Repealed by Ord. 2176, 7/14/2025.

(Ord. 1902 § 1 (Exh. A), 2010; Ord. 1973 § 1, 2012; Ord. 1988 § 1 (Exh. A), 2014; Ord. 2124 § 2 (Exh. B), 2021; Ord. 2160 § 3, 2024)

A. Bicycle paths. If a subdivision contains 200 or more parcels, the subdivider may be required to dedicate land to provide bicycle paths for the use and safety of the residents of the subdivision (Government Code Section 66475.1).

B. Transit facilities.

1. The City may require a subdivider to dedicate land within the subdivision for local transit facilities (e.g., bus benches, shelters, turnouts, landing pads, and similar items) that directly benefit the residents of the subdivision.

2. Only the payment of fees in lieu of the land dedication may be required in the subdivision of airspace in existing structures converted into community apartment projects, condominium projects, or stock cooperatives (Government Code Section 66475.2).

A. Purpose and recitals.

1. Purpose. This section establishes requirements for the dedication of land for parks and related recreational purposes to serve the residents of newly created subdivisions.

2. Council recitals. The Council finds, determines, and declares as follows:

a. In 1975, the State Legislature amended the Act (Government Code Section 66477, also known as the Quimby Act) to enable the City to require either the dedication of land, the payment of fees, or a combination of both, for park or recreational purposes as a condition of approval of a subdivision;

b. Before the City may avail itself of Government Code Section 66477, it shall have policies and standards for parks and recreation facilities in the General Plan with definite principles and standards for the park and recreation facilities to serve the residents of the City; and

c. The Council has adopted policies and standards for parks and recreation facilities in the General Plan.

B. Applicability.

1. Subdividers shall provide park and recreation facilities. Every subdivider who subdivides land shall dedicate a portion of the land, pay a fee, or do both, as specified in this section and LMC Chapter 12.60 (Parks Facilities Fee) for the purpose of providing park and recreation facilities to serve future residents of the subdivision.

2. Application – exceptions. The provisions of this section shall apply to all subdivisions, as that phrase is defined in Government Code Section 66477, except for the following:

a. Condominium projects which consist of the subdivision of air space in an existing apartment structure which is more than five years old when no new dwelling units are added;

b. Commercial and industrial subdivisions; and

c. Parcel maps containing less than five parcels and not used for residential purposes.

3. Applicability to parcel maps and multi-dwelling developments. The requirements of this section shall also apply to persons filing parcel maps for approval by the City and to persons constructing new multi-unit residential developments within the City, except as provided in this subsection.

a. Definitions. For the purposes of this subsection, the following terms, as used in this section, shall have the following meanings.

Subdivide.

The act of dividing land in compliance with Government Code Sections 66410 et seq. and shall also mean the act of constructing multi-unit residential developments within the City.

Subdivider.

A person filing a parcel map for approval by the City and shall also mean a person wishing to construct new multi-unit residential developments within the City.

Subdivision.

The parcel map so filed for approval or the proposed multi-unit residential development.

b. Payment of fee only. Notwithstanding the provisions of this section, persons subject to the provisions of this subsection shall pay the fee required by this section and shall not have the alternative of dedicating land.

C. Dedication requirements.

1. Designated as a park facility. As a condition of approval of a subdivision map, the subdivider shall dedicate land for park or recreational improvements if any part of the proposed development site is designated by the City or the Livermore Area Recreation and Park District (referred to in this section as LARPD) for a park facility.

2. Dedicated to LARPD or City. A site shown in the LARPD Master Plan, as it may be amended from time to time, and meeting current standards and policies adopted by the LARPD board, shall be dedicated to LARPD, unless LARPD is unwilling to accept the dedication, in which case the dedication shall be made to the City.

3. Five acres per 1,000 persons. The dedication of land shall be the proportionate amount necessary to provide five acres of park area for each 1,000 persons residing within the subdivision.

4. Amount of fee required. Where a fee is required to be paid in lieu of land dedication, the amount of the fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated in compliance with subsection C.5 (Fair Market Value), below and LMC Chapter 12.60 (Parks Facilities Fee).

5. Fair market value. The fair market value shall be determined as of the time of filing of the final map in compliance with the following:

a. The subdivider may, at the subdivider's own expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the City, which appraisal may be accepted by the Council if found reasonable; or

b. The City and subdivider may agree to the fair market value.

6. Credit for private open space. Where private open space for park and recreational purposes is provided in a proposed subdivision and the space is to be privately owned and maintained by the future residents of the subdivision, the areas shall be credited against the requirement of dedication for park and recreation purposes, or the payment of fees in lieu thereof; provided, the Council first finds it is in the public interest to do so, and that all of the following standards are met:

a. The court areas, setbacks, yards, and other open areas required to be maintained by this Development Code or applicable building regulations shall not be included in the computation of the private open space;

b. The private ownership and maintenance of the open space is adequately provided for by written agreement;

c. The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the subdivision and which cannot be defeated or eliminated without the consent of the Council;

d. The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration factors as access, geology, shape, size, topography, and location of the private open space land(s); and

e. The facilities proposed for the open space are in substantial compliance with the provisions of the General Plan, and are approved by the Council.

7. Time of commencement shall be designated. At the time the final map is approved, the Council shall designate the time when development of the park and recreational facilities shall be commenced.

D. Determination of dedication of land or payment of fee.

1. Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

a. Subdivider.

(1) At the time of filing a tentative map for approval, the owner of the property shall, as a part of the filing, indicate whether the owner desires to dedicate property for park and recreational purposes or desires to pay a fee in lieu of dedication.

(2) If the owner desires to dedicate land for this purpose, the owner shall designate the area on the tentative map as submitted.

b. Action of City. At the time of the tentative map approval, the Council shall determine as a part of the approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu of dedication, or a combination of both.

c. Prerequisites for approval of final map.

(1) Where dedication is required, it shall be accomplished in compliance with Government Code Section 66477.

(2) Where fees are required, the same shall be deposited with the City before the approval of the final map.

(3) Open space covenants for private park or recreational facilities shall be submitted to the City before approval of the final map and shall be recorded concurrently with the final map.

2. Determination.

a. Whether the Council accepts land dedication or elects to require payment of a fee in lieu of dedication, or a combination of both, shall be determined by consideration of all of the following:

(1) The policies and standards for parks and recreation facilities in the General Plan;

(2) The access, geology, location, and topography of the land in the subdivision available for dedication; and

(3) The shape and size of the subdivision and the land available for dedication.

b. The determination of the Council as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

c. On subdivisions involving 50 parcels or less, only the payment of fees shall be required; however, land may be accepted upon agreement of the subdivider and the Council.

E. Limitations on the use of land and fees. The land and fees received in compliance with this section shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received, and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

A. Fee or dedication. If the Livermore Valley Joint Unified School District has levied a fee or other requirement on development, the subdivider shall present to the City a certificate of compliance from the School District before a Building Permit is issued (Government Code Sections 53080, 65995).

B. Elementary school site.

1. The City may require a subdivider to dedicate to the Livermore Valley Joint Unified School District land sufficient to construct elementary schools as are necessary to ensure adequate public school service to the residents of the subdivision.

2. The requirement is terminated if the Livermore Valley Joint Unified School District does not offer to enter into an agreement to accept the dedication and to repay the subdivider for the land, in compliance with Government Code Section 66478 (Government Code Section 66413.7).

C. Classroom facilities. The City may require a subdivider to dedicate land or pay fees, or a combination of both, for classroom and related facilities for elementary or high schools to alleviate conditions of overcrowding caused by new residential development, in compliance with Section and Government Code Sections 65970 through 65980 (Formerly LMC Chapter 3.24 [School Facilities Financing]).

1. Purpose. Because fees authorized in compliance with State law may be inadequate to completely mitigate the effects of new development on the Livermore Valley Joint Unified School District, the Council intends, by this section, to require all future residential development projects located within the boundaries of the School District to fully mitigate any impacts on school facilities.

2. Mitigation agreement.

a. No annexation, development agreement, Development Code amendment, or General Plan amendment allowing residential development on sites located within the boundaries of the Livermore Valley Joint Unified School District shall be approved unless the applicant first enters into an agreement with the School District to fully mitigate the proposed project's impacts on classroom facilities.

b. The agreement shall be in substantial conformance with a form agreement approved by resolution of both the Council and the School Board.

D. Mello-Roos mitigation. No tentative subdivision map, parcel map, or site plan for residential development on sites located within the boundaries of the Livermore Valley Joint Unified School District, not subject to the provisions of subsection C (Classroom Facilities), above, shall be approved unless the applicant first agrees to participate in a Mello-Roos Community Facilities District, or in lieu of participation in the district, one of the following measures has first been taken (Formerly LMC Chapter 3.24 [School Facilities Financing]):

1. An agreement has been reached with the School District to acquire and/or construct school facilities through alternative methods; or

2. Funds have been paid directly to the School District in an amount which will provide full mitigation of the proposed project's impacts on school facilities.

As a condition of approval of a tentative map, the subdivider may be required to dedicate land, pay fees, or both, for child day care, fire stations, library sites, public art, or any other public facilities in order to implement the provisions of the General Plan regarding these facilities when and if the dedications and fees are adopted by the City.

LDC Chapter 10.07. NON-RESIDENTIAL CONDOMINIUMS

LDC § 10.07.010. Purpose.

A. Commercial and industrial condominium projects differ from other commercial and industrial subdivisions in numerous respects, particularly as to development standards and ownership of individual units and jointly held common areas.

B. The purpose of this chapter is to address the special attributes of condominium subdivisions and to adopt development standards which will protect both the community and the purchasers of condominium units.

C. This chapter applies to commercial and industrial condominiums (Government Code Section 66427).

D. If a commercial or industrial condominium is proposed in combination with a residential condominium, the requirements of this chapter and LDC Chapter 10.08 (Residential Condominiums) shall be read together, with the relevant requirements applying to the portions of the project.

In addition to standards applicable to regular subdivisions, no new condominium project or portion of a project shall be approved unless the following items have been submitted with the tentative map and approved by the City:

A. Development plan. A development plan of the project including location and sizes of structures, parking layout, access areas, and exterior elevations;

B. Preliminary landscape plan. A preliminary landscaping plan of the project indicating types and sizes of landscaping materials and permanent irrigation facilities, prepared by a person licensed to prepare plans by the State;

C. Preliminary lighting plan. A preliminary lighting plan of the project indicating location and nature of lighting and lighting fixtures in common areas;

D. Proposed condominium documents. The proposed condominium documents, including those portions of the covenants, conditions, and restrictions that apply to the conveyance of units, the assignment of parking and proposed mechanism for resolving parking issues, and the management and maintenance of common areas and improvements;

E. Other information. Other information which the Director determines is necessary to evaluate the proposed project to ensure consistency with the General Plan, any applicable specific plan, this Development Code, and any other applicable City regulations.

A condominium subdivision map may be approved, conditionally approved, or denied, based upon an evaluation of the proposed condominium plan in relation to all of the following criteria:

A. Architectural and site design. Architectural evaluation shall include, but not be limited to, the following:

1. The general appearance of the proposed development shall contribute to the orderly and harmonious development of the community as a whole;

2. The design of all exterior surfaces of the structures shall create an aesthetically pleasing project; and

3. General architectural and site considerations, including site layout and topography, the location of structures, access, building materials, circulation, colors, lighting, open space, screening, signing, and similar elements have been designed to provide a desirable environment. The design should minimize visibility of all service areas (e.g., delivery, outdoor storage, and solid waste), backflow prevention devices, and other utilities from public areas.

B. Environmental preservation.

1. The design, location, and orientation of all structures shall be arranged to preserve natural features by minimizing the disturbance to the physical environment.

2. Natural features (e.g., historic landmarks, slopes, trees, and/or waterways) shall be delineated in the development plan and considered when planning the location and orientation of structures, parking areas, paved areas, play areas, open spaces, underground services, walks, and finished grade elevations.

C. Landscaping.

1. All setback areas fronting on or visible from an adjacent public street, and all open space areas shall be landscaped in an attractive manner and provided with a method for the maintenance of the areas as specified in Part 4 (General to Zones).

2. Decorative design elements (e.g., benches, exterior recreational facilities, fountains, planters, pools, sculptures, and similar elements) may be allowed; provided, the elements are incorporated as a part of the landscaping plans, except where otherwise prohibited.

3. Permanent and automatic irrigation facilities shall be provided in all planted landscaped areas.

4. The landscaping shall be consistent with the zone district in which the condominium project is proposed.

D. Lighting.

1. The subdivider shall install an on-site lighting system on all vehicular access ways and along major walkways.

2. The lighting shall be directed onto the driveways and walkways within the development and shielded to eliminate off-site glare away from adjacent properties.

3. Appropriate lighting shall also be installed within all covered and/or enclosed parking areas.

E. Lot coverage. Lot coverage shall conform to the Development Code requirements for the zone district in which the condominium project is proposed.

F. Open space – common. Common open space areas shall be designed and located within the project to afford use by all owners of the project.

G. Minimum parking requirements. Off-street parking shall be provided in compliance with Development Code requirements for commercial and industrial projects, as specified in Part 4 (General to Zones). Parking assignments shall be designated in the recorded declaration.

H. Solid waste and recycling collection areas.

1. Solid waste and recycling collection areas shall be provided within 250 feet of the units they are designed to serve, and sized appropriately to accommodate the anticipated solid waste and recycling materials.

2. These areas shall be enclosed within a structure or appropriately screened with decorative masonry walls having a minimum height of six feet, subject to the approval of the Director, to properly to screen the receptacles.

3. Materials other than masonry may be used when specifically approved by the Director, when the Director finds that, due to extenuating circumstances regarding location (e.g., the proximity to underground utilities) the footing for masonry construction would be a detriment to the underground utilities.

4. Access gates or doors to any solid waste and recycling collection area, not enclosed within a structure, are to be of opaque material.

5. The design of the collection areas shall comply with LMC Chapter 3.60.

I. Width of the public rights-of-way and roadways. The width of the public rights-of-way and roadways of the street(s) abutting the subject property shall conform to the minimum standards of the Circulation Element of the General Plan as specified in Appendix A of the General Plan.

J. Proposed declaration. The proposed declaration shall include a clear designation of parking and sign rights, and a method for resolving differences. The declaration shall include a provision substantially as follows:

The City of Livermore Development Code regulates (1) the uses of property and required parking and (2) allowable signs. The City will not issue a Building Permit or a Sign Permit unless it is first authorized in writing by the association. This authorization shall be submitted with an application to the City. For parking, the authorization shall include a comprehensive parking layout and calculation to show there is sufficient parking for the proposed modification and all existing development. For signs, the authorization shall indicate the total signs allocated to the property and to each unit. This provision may not be modified without the written consent of the City.

A. Structural requirements. A condominium project is to be subject to the structural requirements specified in LMC Title 15 (Buildings and Construction).

B. Circuit breaker panels.

1. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit.

2. The breaker panels shall be accessible without leaving the unit.

LDC § 10.07.050. Inspection and Fees.

A. Compliance with LMC Title 15 required. Building inspection and associated fees shall be in compliance with LMC Title 15 (Buildings and Construction).

B. Compliance with LMC required. Inspection and associated fees for required public and private street and utility improvements shall be in compliance with other applicable sections of the LMC.

LDC § 10.08.010. Purpose.

A. Residential condominium projects differ from other residential subdivisions in numerous respects, particularly as to development standards and ownership of individual dwelling units and jointly held common areas.

B. The purpose of this chapter is to address the special attributes of condominium subdivisions and to adopt development standards which will protect both the community and the purchasers of condominium dwelling units.

C. If a commercial or industrial condominium is proposed in combination with a residential condominium, the requirements of this chapter and LDC Chapter 10.07 (Non-Residential Condominiums) shall be read together, with the relevant requirements applying to the portions of the project.

A. Condominium. 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 commercial, industrial, or residential structure located on the real property (e.g., apartment, office, or store) in compliance with Civil Code Section 783.

B. May also include. A condominium may include, in addition, a separate interest in other portions of the real property.

In addition to standards applicable to regular subdivisions, no new condominium project or portion of a project shall be approved unless the following items have been submitted with the tentative map and approved by the City:

A. Development plan. A development plan of the project including location and sizes of structures, parking layout, access areas, and exterior elevations;

B. Preliminary landscape plan. A preliminary landscaping plan of the project indicating types and sizes of landscaping materials and permanent irrigation facilities, prepared by a person licensed to prepare plans by the State;

C. Preliminary lighting plan. A preliminary lighting plan of the project indicating location and nature of lighting and lighting fixtures in common areas;

D. Proposed condominium documents. The proposed condominium documents, including those portions of the covenants, conditions, and restrictions that apply to the conveyance of units, the assignment of parking, and the management and maintenance of common areas and improvements;

E. Delineation of shared common spaces. All shared common spaces (including shared access areas, utility corridors, etc.) shall be clearly delineated with bearings and distances; and

F. Other information. Other information which the Director determines is necessary to evaluate the proposed project to ensure consistency with the General Plan, any applicable specific plan, this Development Code, and any other applicable City regulations.

A condominium subdivision map may be approved, conditionally approved, or denied, based upon an evaluation of the proposed condominium plan in relation to all of the following criteria:

A. Architectural and site design. Architectural evaluation shall include, but not be limited to, the following:

1. The general appearance of the proposed development shall contribute to the orderly and harmonious development of the community as a whole;

2. The design of all exterior surfaces of the structures shall create an aesthetically pleasing project;

3. Consideration shall be given to the appearance of garages when viewed from outside the subdivision; and

4. General architectural and site considerations, including site layout and topography, the location of structures, access, building materials, circulation, colors, lighting, open space, screening, signing, and similar elements have been designed to provide a desirable environment.

B. Environmental preservation.

1. The design, location, and orientation of all structures shall be arranged to preserve natural features by minimizing the disturbance to the physical environment.

2. Natural features (e.g., historic landmarks, slopes, trees, and/or waterways) shall be delineated in the development plan and considered when planning the location and orientation of structures, parking areas, paved areas, play areas, open spaces, underground services, walks, and finished grade elevations.

C. Landscaping.

1. All setback areas fronting on or visible from an adjacent public street, and all leisure, open space, and recreation areas shall be landscaped in an attractive manner and provided with a method for the maintenance of the areas as specified in Part 4.

2. Decorative design elements (e.g., benches, exterior recreational facilities, fountains, planters, pools, sculptures, and similar elements) may be allowed; provided, the elements are incorporated as a part of the landscaping plans, except where otherwise prohibited.

3. Permanent and automatic irrigation facilities shall be provided in all planted landscaped areas.

4. The landscaping shall be consistent with the zone district in which the condominium project is proposed.

D. Lighting.

1. The subdivider shall install an on-site lighting system on all vehicular access ways and along major walkways.

2. The lighting shall be directed onto the driveways and walkways within the development and away from the adjacent properties.

3. Appropriate lighting shall also be installed within all covered and/or enclosed parking areas.

E. Lot coverage. Lot coverage shall conform to the Development Code requirements for the zone district in which the condominium project is proposed.

F. Open space – common.

1. Common open space areas shall be designed and located within the project to afford use by all residents of the condominium project, in compliance with LMC Section 3.55.060D. These common areas may include, but are not limited to, game courts or rooms, garden roofs, play lots, putting greens, sauna baths, and/or swimming pools.

2. Active recreation and leisure areas, except those located completely within a structure, used to meet the open space requirement shall not be located within 15 feet of any door or window of a dwelling unit.

G. Minimum parking requirements. Off-street parking shall be provided in compliance with Development Code requirements for condominium and townhouse projects, as specified in LDC Chapter 4.04 (Parking Standards).

H. Solid waste and recycling collection areas.

1. Solid waste and recycling collection areas shall be provided within 250 feet of the dwelling units they are designed to serve.

2. These areas shall be enclosed within a structure or appropriately screened with decorative masonry walls having a minimum height of five feet, subject to the approval of the Director.

3. Materials other than masonry may be used when specifically approved by the Director, when the Director finds that, due to extenuating circumstances regarding location (e.g., the proximity to underground utilities) the footing for masonry construction would be a detriment to the underground utilities.

4. Access gates or doors to any solid waste and recycling collection area, not enclosed within a structure, are to be of opaque material.

I. Width of the public rights-of-way and roadways. The width of the public rights-of-way and roadways of the street(s) abutting the subject property shall conform to the minimum standards of the Circulation Element of the General Plan as specified in Appendix A of the General Plan.

A condominium project shall be subject to the structural requirements specified in LMC Title 15 (Buildings and Construction).

LDC § 10.08.060. Other Requirements.

A. Storage space – private.

1. Where the proposed dwelling units are to be constructed with other than an attached garage, a minimum of 200 cubic feet of storage space shall be provided outside of the dwelling unit for each condominium unit.

2. The storage space shall have a minimum horizontal surface area of 24 square feet of enclosed, lockable storage space.

B. Circuit breaker panels.

1. Each dwelling unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit.

2. The breaker panels shall be accessible without leaving the unit, except for townhouse units.

A. Compliance with LMC Title 15 required. Building inspection and associated fees shall be in compliance with LMC Title 15 (Buildings and Construction).

B. Compliance with LMC required. Inspection and associated fees for required public and private street and utility improvements shall be in compliance with other applicable sections of the LMC.

LDC Chapter 10.09. NON-RESIDENTIAL CONDOMINIUM CONVERSIONS

LDC § 10.09.010. Purpose.

A. Commercial and industrial condominium conversion projects differ from other commercial and industrial subdivisions in numerous respects, particularly as to development standards and ownership of individual units and jointly held common areas.

B. The purpose of this chapter is to address the special attributes of condominium conversions and to adopt development standards which will protect both the community and the purchasers of condominium units.

C. This chapter applies to commercial, industrial, and mixed-use condominium conversions (Government Code Section 66427).

In addition to the other subdivision requirements and procedures, a commercial, industrial, or mixed-use conversion is subject to the requirements specified in this chapter. An application for approval of a tentative map for the condominium subdivision shall be accompanied by all of the following items:

A. Development plan. A development plan of the proposed project including location and sizes of existing and proposed structures, parking layout, access areas, sewer, storm drains, water, and any other information required by the Director.

B. Proposed declaration. A proposed declaration, as required by Civil Code Section 1353. The declaration shall include an agreement for common area maintenance, a clear designation of parking and sign rights, and a method for resolving differences. The declaration shall include a provision substantially as follows:

The City of Livermore Development Code regulates (1) the uses of property and required parking and (2) allowable signs. The City will not issue a Building Permit or a Sign Permit unless it is first authorized in writing by the association. This authorization shall be submitted with an application to the City, and for parking shall include a comprehensive parking layout and calculation to show there is sufficient parking for the proposed modification and all existing development. For signs, the authorization shall indicate the total signs allocated to the property and to each unit. This provision may not be modified without the written consent of the City.

C. Allocation of parking and signs. A proposal to include:

1. Square footage of each unit, and the type of business for each existing tenant;

2. An allocation of parking based on the parking requirements for commercial and industrial projects as specified in LDC Chapter 4.04 (Parking Standards); and

3. An allocation of signs based on the sign requirements for commercial and industrial projects as specified in LDC Chapter 4.06 (Sign Standards), and any existing master sign program.

A. Subdivision procedures. Under Government Code Section 66426, a condominium conversion is treated as a subdivision subject to the provisions of the Act and this part.

B. Acceptance of reports – copy to buyers.

1. The final form of the reports and other documents required by LDC Section 10.09.020 (Submittal Requirements), above, shall be as approved by the City.

2. The reports in their accepted form shall remain on file with the Director for review by the public.

3. The subdivider shall provide each purchaser with a copy of the reports (in their final, accepted form).

C. Inspections and associated fees.

1. Before submitting the final map, the subdivider shall request that an inspection of the premises be made by the Director for compliance with LDC Section 10.09.060 (Inspection and Fees), below.

2. A project inspection(s) shall be made by the Building Official, the City Engineer, and the Director.

3. The inspection shall include common areas, public improvements, site improvements, structures, and other related facilities.

4. A deficiency list shall be compiled during the inspection of all corrections required to comply with the requirements of this section, LDC Section 10.09.060 (Inspection and Fees), below, and other applicable Development Code requirements.

5. When the final inspection is complete, a copy of the deficiency list shall be transmitted to the subdivider.

6. All deficiencies shall be corrected to the satisfaction of the City before filing of the final or parcel map.

7. When plans for corrective work are required, they shall be as approved by the appropriate City official specified in subsection C.2, above, before filing of the final or parcel map.

8. The City shall charge the usual fees, if applicable, or an hourly fee (estimated actual hourly cost to the City) for the inspection and processing.

9. The subdivider shall post a cash deposit in an amount equal to the estimated cost of inspection(s).

10. The deposit shall be applied towards the inspection fee with any refund or balance due to be resolved before the approval of the final map by the Council.

11. Any balance due to the City shall be paid before recordation of the final map.

The following standards apply to a condominium conversion. These standards shall be satisfied, or security provided in a form approved by the City Attorney, before the final or parcel map is approved.

A. Building regulations. The project shall comply with the applicable standards of the City adopted International Building Code in effect at the time the last Building Permit was issued.

B. Fire prevention.

1. Fire warning systems. Each living unit shall be provided with a fire warning system complying with the adopted International Building Code standards in type and locations.

2. Maintenance of fire protection systems. All fire alarm systems, fire hydrants, portable fire extinguishers, and other fire protective appliances shall be retained in an operable condition at all times.

C. Sound transmission.

1. Vibration transmission. All permanent mechanical equipment (e.g., compactors, compressors, motors, and pumps) which is determined by the Building Official to be a source of structural vibration or structural-borne noise shall be vibration isolated with inertia blocks or bases or vibration isolator springs in a manner approved by the Building Official.

2. Noise standards.

a. The structures shall comply with all interior and exterior sound transmission standards of the State Administrative Code, Title 24, and the International Building Code.

b. Where present noise standards cannot reasonably be met the Commission may require the applicant to notify potential buyers of the noise deficiency currently within the unit(s).

D. Utility metering. Each unit shall be separately metered for electricity, gas, and water, unless the declaration provides for the association to take responsibility for these utilities.

E. Landscape maintenance.

1. All landscaping shall be restored or new landscaping shall be installed to achieve a high degree of appearance and quality as specified in LDC Chapter 4.05 (Landscape Standards).

2. Provisions shall be made for continuing maintenance of all landscaped areas.

3. All existing and new landscaping is subject to review and approval by the Director.

4. The design of any new landscaping is subject to review and approval of the Commission when landscaping will noticeably affect the view from a major street as designated by the General Plan.

F. Parking. Off-street parking shall be provided in compliance with this Development Code for commercial and industrial projects as specified in LDC Chapter 4.04 (Parking Standards).

G. Refurbishing and restoration.

1. Each accessory structure, driveway, fence, landscaped area, main structure, sidewalk, utility, and any additional element required by the Director shall be refurbished and restored as necessary to achieve a high degree of appearance, quality, and safety.

2. The refurbishing and restoration is subject to review and approval by the Director.

The Council or Commission, as applicable, may not approve an application for a commercial or industrial condominium conversion unless it first finds in the approving resolution that the proposed conversion meets all of the following:

A. Complies with all of the requirements of this chapter; and

B. Is consistent with the General Plan, any applicable specific plan, and current zoning regulations.

LDC § 10.09.060. Inspection and Fees.

A. Compliance with LMC Title 15 required. Building inspection and associated fees shall be in compliance with LMC Title 15 (Buildings and Construction).

B. Compliance with LMC required. Inspection and associated fees for required public and private street and utility improvements shall be in compliance with other applicable sections of the LMC.

LDC § 10.10.010. Purpose.

The purpose of this chapter is to:

A. Establish criteria for the conversion of existing multi-family rental housing to a condominium;

B. Promote the concept of home ownership and increase the amount of owner-occupied housing affordable by all economic segments of the community;

C. Ensure that converted housing achieves a high degree of appearance, quality, and safety and is consistent with the goals of the City;

D. Provide a reasonable balance of ownership and rental housing and a variety of choices of tenure, type, price, and location of housing;

E. Maintain a supply of rental housing for low income and moderate income persons;

F. Reduce the impact of conversion on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums by providing procedures for notification and adequate time and assistance for the relocation; and

G. Ensure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase.

In addition to the other subdivision requirements and procedures, a conversion is subject to the requirements specified in this chapter. An application for approval of a tentative map for the condominium subdivision shall be accompanied by all of the following items:

A. Physical elements report. A report on the physical elements of each structure and facility, which shall include, but not be limited to, all of the following:

1. Minimum contents of report.

a. A report detailing the structural condition of each element of the property, including appliances, ceilings, electrical, foundation, mechanical equipment, parking facilities, plumbing, recreational facilities, sound transmission of each structure, utilities, walls, and windows.

b. Regarding each element, the report shall state to the best knowledge or estimate of the applicant when the element was constructed or installed, when the element was last replaced, the approximate date upon which the element will require replacement, the cost of replacing the element, and any variation of the physical condition of the element from the Development Code and International Building Code in effect on the date that the last Building Permit was issued for the structure.

c. The report shall identify each known defective or unsafe element and specify the proposed corrective measures to be employed;

2. Structural pest control report. A report from a licensed structural pest control operator, approved by the City, on each structure and each unit within the structure;

3. Common area improvements report. A report on the condition of the common area improvements, including landscaping, lighting, street, and utilities;

4. Soil and geological conditions report.

a. A report on any known soil and geological conditions regarding faults, groundwater, rock formation, soil deposits, and landslides in the vicinity of the project, and a statement regarding any known evidence of soils problems relating to the structure.

b. Reference shall be made to any previous soils report for the site and a copy submitted with the report; and

5. Repairs and improvements report. A statement or report of needed repairs and improvements to be made by the subdivider, which are determined to be necessary to refurbish and restore the project to achieve a high degree of appearance, quality, and safety.

B. Development plan. A development plan of the project, including the location and sizes of structures, parking layout and access areas, sewer, storm drains, and water, and any other information as required by the Director.

C. CC&Rs.

1. A declaration of covenants, conditions, and restrictions which would be recorded and would apply to each owner of a condominium unit within the project.

2. The declaration shall include, but not be limited to, pertinent information regarding the conveyance of units and the assignment of parking, an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for maintenance, and an indication of appropriate responsibilities for maintenance of all improvements and utility systems for each unit.

3. The City has the right to review and approve the CC&Rs to ensure that:

a. The appropriate conditions of approval are included in them; and

b. Those provisions reflecting the City's conditions may not be amended without prior City approval.

D. Project characteristics.

1. Specific information concerning the characteristics of the project, including, but not limited to, all of the following:

a. Square footage and number of rooms in each unit;

b. Rental rate history for each type of unit for either the previous five years or since construction, whichever is less;

c. Monthly vacancy rate for each month during either the preceding two years or since construction, whichever is less;

d. Characteristics of existing tenant households, including family size, length of residence, age of tenants, and whether receiving Sate or Federal rent subsidies;

e. Estimated sales price range of all units;

f. Proposed homeowners' association fee;

g. Financing available; and

h. Names and mailing address of all tenants.

2. When the subdivider can demonstrate that some or all of this information is not available, this requirement may be modified by the Director.

E. Notice of intention to convert. A signed copy from each tenant of the notice of intention to convert as specified in LDC Section 10.10.050A (Notice of Intention), below, or evidence that a certified letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted.

A. Subdivision procedures. Under Government Code Section 66426, a condominium conversion is treated as a subdivision subject to the provisions of the Act and this part.

B. Acceptance of reports.

1. The final form of the physical elements report and other documents required under LDC Section 10.10.020 (Submittal Requirements), above, shall be as approved by the City.

2. The reports in their accepted form shall remain on file with the Director for review by the public.

3. The reports shall be referred to collectively in this chapter as "the reports."

C. Copy to buyers.

1. The subdivider shall provide each purchaser with a copy of the reports (in their final accepted form), except the information required by LDC Sections 10.10.020D and E, above, before the purchaser executes an agreement to purchase a unit in the project, and the subdivider shall give the purchaser sufficient time to review the reports.

2. A copy of the reports shall be made available at all times at the sales office and shall be posted at various locations, as approved by the City, at the project site.

D. Notice to tenants and prospective tenants.

1. Before tentative map approval, the Commission shall hold a public hearing.

2. In addition to all other notices required by the Act and this part, the subdivider shall give notice before filing the tentative map to prospective tenants and existing tenants in the manner provided by Government Code Sections 66452.8 and 66452.9 and LDC Section 10.10.050 (Tenant Provisions), below.

E. Inspections and fees.

1. Purpose and type of inspections.

a. The purpose of the inspection is to develop a list of deficient conditions that may exist by reason of noncompliance with this Development Code, and to have the deficient items refurbished and restored in compliance with LDC Section 10.10.040 (Standards for Condominium Conversions), below.

b. The premises to be inspected include common areas, public improvements, site improvements, structures, and other related facilities.

2. Request by subdivider. Before submitting the final map, the subdivider shall request that an inspection of the premises be made by the Director for compliance with LDC Section 10.10.040 (Standards for Condominium Conversions), below.

3. Result of project inspections.

a. A project inspection(s) shall be made by the Building Official, the City Engineer, and the Director.

b. A deficiency list shall be compiled during the inspection of all corrections required to comply with the requirements of this section, LDC Section 10.10.040 (Standards for Condominium Conversions), below, and other applicable Development Code and International Building Code requirements.

c. When the final inspection is complete, a copy of the deficiency list shall be transmitted to the subdivider.

d. All deficiencies shall be corrected to the satisfaction of the City before filing of the final or parcel map.

e. When plans for corrective work are required, they shall be as approved by the appropriate City official specified in subsection E.3.a, above, before filing the final or parcel map.

4. Estimated cost of inspections.

a. The City shall charge the usual fees, if applicable, or an hourly fee (estimated actual hourly cost to the City) for the inspection and processing.

b. The subdivider shall post a cash deposit in an amount equal to the estimated cost of inspection(s).

c. The deposit shall be applied towards the inspection fee with any refund or balance due to be resolved before the approval of the final map by the Council.

d. Any balance due to the City shall be paid by the subdivider before recordation of the final map.

F. Affordable housing – inclusionary housing requirements.

1. A condominium conversion is subject to the inclusionary housing requirements specified in LDC Section 10.06.050 (Affordable Housing).

2. However, if the project was required to comply with the inclusionary housing requirements when the project was originally constructed, the project shall receive a credit for:

a. The number of affordable units required at the time the project was constructed, presuming those existing affordable units remain affordable units; and

b. Any fees paid in lieu of creating affordable units, as to that portion of the obligation under the then-current inclusionary housing requirements that may be satisfied by the payment of fees.

The following standards apply to all condominium conversions. These standards shall be satisfied, or security provided in a form approved by the City Attorney, before the final map is approved.

A. Building regulations. The project shall comply with the applicable standards of the City adopted International Building Code in effect at the time the last Building Permit was issued.

B. Fire prevention.

1. Fire warning systems. Each living unit shall be provided with a fire warning system complying with the adopted International Building Code standards in type and locations.

2. Maintenance of fire protection systems. All fire alarm systems, fire hydrants, portable fire extinguishers, and other fire protective appliances shall be retained in an operable condition at all times.

C. Sound transmission.

1. Vibration transmission. All permanent mechanical equipment (e.g., compactors, compressors, motors, and pumps) which is determined by the Building Official to be a source of structural vibration or structural-borne noise shall be vibration isolated with inertia blocks or bases or vibration isolator springs in a manner approved by the Building Official.

2. Noise standards.

a. The structures shall comply with all interior and exterior sound transmission standards of the State Administrative Code, Title 24, and the International Building Code.

b. Where present noise standards cannot reasonably be met the Commission may require the applicant to notify potential buyers of the noise deficiency currently within the unit(s).

D. Utility metering. Each dwelling unit shall be separately metered for electricity and gas.

E. Private storage space.

1. Each unit shall have a minimum of 200 cubic feet with no less than 25 square feet of enclosed weatherproofed and lockable private storage space in addition to clothes, guest, linen, and pantry closets customarily provided in each unit.

2. The space shall be provided in any location approved by the Director, but shall not be divided into two or more locations.

3. Where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the Council.

F. Laundry facilities.

1. A laundry area shall be provided in each unit, unless the Council approves a common laundry area.

2. If a common laundry area is provided, it shall consist of not less than one automatic washer and one automatic dryer for each five dwelling units or fraction thereof.

3. Where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the Council.

G. Landscape maintenance.

1. All landscaping shall be restored or new landscaping shall be installed to achieve a high degree of appearance and quality as specified in LDC Chapter 4.05 (Landscape Standards).

2. Provisions shall be made for continuing maintenance of all landscaped areas.

3. All existing and new landscaping is subject to review and approval by the Director.

4. The design of any new landscaping is subject to review and approval of the Commission when landscaping will noticeably affect the view from a major street as designated by the General Plan.

H. Parking. Off-street parking shall be provided in compliance with this Development Code for condominium and townhouse projects as specified in LDC Chapter 4.04 (Parking Standards).

I. Refurbishing and restoration.

1. Each accessory structure, carport, driveway, fence, landscaped area, main structure, patio enclosure, sidewalk, utility, and any additional element required by the Director shall be refurbished and restored as necessary to achieve a high degree of appearance, quality, and safety.

2. The refurbishing and restoration is subject to review and approval by the Director.

J. Reserves for capital maintenance replacement.

1. Before approval of the final map, the subdivider shall provide to the Director sufficient evidence of the establishment of a fund in the name of the homeowners' association.

2. The funds shall be earmarked for long-term reserves for capital maintenance replacement and shall be equal to at least twice the estimated monthly assessment for all dwelling units.

A. Notice of intention.

1. Beginning at least 60 days before the filing of a tentative map, the subdivider shall give notice of the intention to convert to each tenant and prospective tenant, as provided in Government Code Sections 66452.8 and 66452.9.

2. Evidence of receipt of the notice by each tenant and prospective tenant shall be submitted with the tentative map.

3. The form of the notice shall be as approved by the Director and shall contain not less than the following:

a. The information required by Government Code Section 66452.8 or 66452.9;

b. Name and address of the current owner;

c. Name and address of the proposed subdivider;

d. Approximate date on which the tentative map is proposed to be filed;

e. Approximate date on which the final or parcel map is to be filed;

f. Approximate date on which the units are to be vacated by nonpurchasing tenants;

g. Tenant's right to purchase;

h. Tenant's right of notification to vacate;

i. Relocation information;

j. Statement of no rent increases;

k. Provision for special cases (i.e., senior citizens and low and moderate income tenants);

l. Provision of moving expenses;

m. Deposit rebate;

n. Remodeling provisions; and

o. Other information as deemed necessary by the Director.

B. Tenant's right to purchase.

1. As provided in Government Code Sections 66427.1(d) and 66459, a present tenant of a unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public.

2. The right of first refusal shall extend for 90 days from the date of issuance of the subdivision public report or the beginning of sales, whichever is later.

C. Senior citizens.

1. Senior citizen tenant. A tenant household in residence at the time a completed tentative map application is accepted by the Director, in which the head of the household or spouse is age 60 or older, is considered a senior citizen tenant and shall be offered a lifetime lease at the time the final map is approved.

2. Annual rent.

a. The annual rent increase for a senior citizen tenant with a lifetime lease may not exceed 75% of the latest annual average percentage increase of the residential rent component of the Consumer Price Index – San Francisco-Oakland SMSA (CPI).

b. The senior citizen tenant shall be informed of changes in this index at the time a rent increase is imposed.

c. The starting rent shall be the rent at the time of tentative map application.

d. The lease form shall be submitted to the Director for review and approval before final map approval.

D. Low- and moderate-income tenants.

1. Low- or moderate-income household. A tenant household in residence at the time a completed tentative map application has been accepted by the Director, which meets the limits of the HUD Section 8 program, is considered a low or moderate income household and shall be offered, at a minimum, a three-year lease, beginning at the time the final map is approved.

2. Annual rent.

a. The annual rent increase for a low or moderate income tenant under this subsection shall not exceed 75% of the latest annual average percentage increase of the Residential Rent Component of the Consumer Price Index – San Francisco-Oakland SMSA (CPI).

b. A low or moderate income tenant shall be informed of the changes in this index at the time an increase is imposed.

c. Starting rent shall be the rent at the time of tentative map application.

d. The lease form shall be submitted to the Director for review and approval before final map approval.

E. Tenant relocation plan – assistance.

1. Relocation and assistance plan.

a. The subdivider shall submit a tenant relocation and assistance plan with the tentative map application.

b. The plan shall include the information consistent with the State of California Relocation Assistance Act (Government Code Sections 7260 through 7277) and the Federal Uniform Relocation Assistance and Real Property Policies for Federal and Federally Assisted Programs Act (United States Code Title 42, Chapter 61) and those additional provisions required by this subsection.

2. Vacation of units.

a. Each nonpurchasing tenant, not in default under the rental agreement or lease, shall have not less than 180 days from the date of receipt of notification from the subdivider of the intent to convert, or from the filing date of the final or parcel map, whichever date is later, to find substitute housing and to relocate.

b. A nonpurchasing tenant who: (1) is handicapped, or (2) has minor children in school, or (3) is age 60 or older (whether publicly subsidized or not) and does not accept a lifetime lease, living in any unit at the time a completed tentative map application is accepted by the Director, shall be given at least an additional 180 days (or until the end of the school year for tenants with minor children in school, whichever is longer) after approval of the final map in which to find suitable replacement housing.

3. Other available rentals. The subdivider shall provide each tenant not wishing to purchase a unit or not accepting a lifetime or special three-year lease with up-to-date information of available apartments of comparable size and price, and located within a 15-mile radius of the apartment to be converted, and shall provide transportation to assist each elderly or handicapped tenant in finding alternative housing.

4. No increase in rents. A tenant's rent shall not be increased during the period between the filing of the tentative map and the tenant's relocation or acceptance of a lifetime or special three-year lease, or the denial or withdrawal of the map.

5. Deposits. Each security, cleaning, or other deposit made as a condition of tenancy shall be returned to the tenant before termination of tenancy, unless it is shown that damage has occurred to the unit beyond the scope of repairs or remodeling contemplated in the conversion process, or unless the landlord is otherwise entitled to the deposit.

6. Required financial assistance.

a. The subdivider shall provide moving expenses of two times the monthly rent to any tenant household living in a unit at the time a completed tentative map application is accepted by the Director.

b. The subdivider shall pay these moving expenses to an eligible tenant within 14 days after relocation.

c. In the case of a tenant receiving financial assistance under HUD regulations, "monthly rent" is defined to mean the gross total amount of rent which the subdivider receives, both from the tenant and from the local public agency administering the HUD program.

F. Remodeling. No remodeling planned as part of the conversion shall be performed in a unit still occupied by a nonpurchasing tenant, without prior written permission from the tenant.

In reviewing an application for conversion of an existing apartment to a condominium, the Council shall consider all of the following criteria:

A. Whether or not the amount and impact of the displacement of tenants, if the conversion is approved, would be detrimental to the health, safety, or general welfare of the community;

B. Whether or not the existing apartment complex is serving low and moderate income households. Standard definitions of low and moderate income rents used by the State and Federal governments should be used in the evaluation. Along with other factors, the City should consider:

1. The number of families on current waiting lists for assisted rental housing programs that operate in Livermore (e.g., Section 8, Section 23, and Section 236 programs); and

2. The probable income range of tenants living in existing apartments, based on the assumption that households may ordinarily be expected to pay between one-quarter and one-third of their income for housing. That income range will be compared with existing income limits for the Section 8 program to determine whether potential displaced tenants can be categorized as low or moderate income;

C. The vacancy rate and turnover rate in existing apartments in the community, and the extent to which the proposed conversion will create hardships. A conversion may be denied based upon a lack of reasonable alternative housing opportunities;

D. The need and demand for lower-cost home ownership opportunities which are increased by the conversion of apartments to condominiums;

E. The current and historical vacancy rate in the project. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding five years and the average monthly vacancy rate for the project over the preceding two years shall be considered. If the Council determines that vacancies in the project have been increased or encouraged for the purpose of preparing the project for conversion, it may deny the tentative map; and

F. Whether or not the conversion will be detrimental to the retention of low and moderate housing stock or will reduce or significantly alter the opportunity within the City for the housing of young and elderly citizens.

A. Maximum number allowed. The maximum number of apartment units which may be approved for condominium conversion in any one calendar year shall be limited to 3% of the City's stock of rental units, not to exceed a total of 150 units a year.

B. First-come, first-served basis. The City shall consider applications on a first-come, first-served basis.

C. Carry over. If the limit is reached, subsequent applications are to be carried over to the next calendar year and processed in the same order as originally received.

The Council may not approve an application for a residential condominium conversion unless it first finds in the approving resolution that the proposed conversion meets all of the following:

A. Complies with all of the requirements of this chapter;

B. Is consistent with the General Plan, any applicable specific plan, and current zoning regulations;

C. For a project of five units or more, it will either: (1) provide an equivalent number of very low, low and/or moderate income rental units elsewhere in the City, with a requirement that the units remain as restricted rental units for at least 55 years; or (2) not cause the total amount of rental units for the current housing stock in the City to drop below 16%; and

D. Satisfies the requirements of Government Code Section 66427.1 (regarding notice to tenants).