Loyalton Municipal Code Ch. 12.04 Subdivisions

A. Purpose

This chapter is enacted for the purpose of adopting subdivision regulations in accordance with the Subdivision Map Act and the Conservation and Planning Act. The City Planning Commission, hereinafter referred to as the Planning Commission is hereby designated as the advisory agency with respect to subdivisions as provided in said Subdivision May Act, and shall have all the powers and duties with respect to Tentative, Parcel and Final Subdivision Maps and the procedures relating thereto which are specified by law and by this chapter.

B. Conformity to General Plan

A report as to conformity to the general plan, which is required by Government Code section 65402 as the result of a proposed subdivision, may be included as part of the made at the same time as the action taken by the Planning Commission on such proposed subdivision.

A report as to conformity to the general plan is not required for (1) the disposition of the remainder of the larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects; provided that the Planning Commission expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects are of a minor nature.

This chapter is also enacted under the provisions of the State Conservation and Planning Act for the purpose of putting into effect a “General Plan of the City of Loyalton” by adopting regulations to govern any real property improved or unimproved, or portion thereof, shown on the last preceding tax roll as a unit or as contiguous units which is divided into two (2) or more parcels, in all cases where one (1) or more of such parcels has a gross area of less than forty (40) acres.

C. Application

The regulations set forth in this chapter shall apply to all subdivisions or parts of subdivisions or land defined in section 12.04.010 B. above, lying wholly or in part within the City of Loyalton and are declared to be in the minimum reasonably necessary to promote and protect the public health, safety, peace, morals, comfort and general welfare.

D. Exclusions

This part shall be inapplicable to:

The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;

Mineral, oil or gas leases;

Land dedicated for cemetery purposes under the Health and Safety Code;

Leases of agricultural land for agricultural purposes. “Agricultural purposes”: means the cultivation of food or fiber or the grazing or pasturing of livestock.

12.04.010

A. Appropriate Fee “Appropriate fee” means the processing fee set by City Council resolution for any of the submittals, filings, or appeals for which a fee is required by this chapter. B. Boundary Line Adjustment “Boundary line adjustment” means a change in any boundary line between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created. C. City “City” means the City of Loyalton, County of Sierra, State of California. D. City Council “City council” means the City Council of the City of Loyalton. E. City Engineer “City engineer” means the City Engineer and Surveyor of the City of Loyalton. F. City Specifications “City specifications” means land use specifications adopted by the City Council resolution. Such specifications are incorporated into this part as if set out verbatim herein. G. Civil Engineer “Civil engineer" means a civil engineer registered by the State of California. H. County ”County” means the County of Sierra. I. Design “Design” means (a) street alignments, grades, and widths; (b) drainage and sanitary facilities and utilities, including alignments and grades thereof; (c) location and size of all required easements and right-of-way; (d) fire roads and firebreaks; (e) lot size and configuration; (f)
traffic access; (g) grading; (h) land to be dedicated for park or recreational purposes; and (i) such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the general plan or any applicable specific plan. J. Final Map “Final map” means a map required by and prepared pursuant to the Subdivision Map Act and this chapter for recordation with the County Recorder. K. General Plan “General plan" means the general plan of the City or any element thereof as prepared and adopted pursuant to Government Code section 65300 and following. L. High Water Line “High water line” means the land area subject to inundation by an intermediate regional flood that has a frequency of occurrence once in 100 years. M. Improvement “Improvement” refers to such street work and utilities to be installed, by the subdivider on the land to be used for public or private street, highways, ways, and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage 12.04.020

needs as a condition precedent to the approval and acceptance of the final map thereof.

“Improvement” also refers to such specific improvements or types of improvements, the installation of which, either by the subdivider, by the public agencies, by private utilities, by any other entity approved by the City, or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan or any applicable specific plan. N. Improvement Plan “Improvement plan" means an engineering plan submitted by a civil engineer and showing the location and construction details of all improvements in a subdivision. O. Land Project “Land project” is defined as set forth in the Business and Professions Code section 11000.5 and any amendments thereto. P. Parcel Map “Parcel map” means a map required by and prepared pursuant to the Subdivision Map Act and this chapter for any subdivision for which a tentative map and final map are not required by the Subdivision Map Act. Q. Planning Commission “Planning commission” means the City Planning Commission, which is the advisory agency for subdivision maps pursuant to Government Code section 66415 and which is charged with the duty to examine proposed subdivisions for compliance with the Subdivision Map Act and this chapter; make investigations and reports on the design and improvement of proposed subdivision; impose requirements and conditions thereon; approve, conditionally approve, or disapprove subdivision maps; and report to the subdivider on its recommendations and action on subdivision maps. R. Preliminary Map “Preliminary map” means a map submitted to the City Planning Department either for enabling prior review of a proposed boundary line adjustment or for obtaining general comments on a proposed subdivision. S. Preliminary Soils Report “Preliminary soils report” means a report prepared by a civil engineer based upon adequate test boring or excavation describing the conditions of the soils in a subdivision and percolation tests describing the suitability for disposal of sewage in the proposed subdivision. T. Record Title Ownership “Record title ownership” means fee title of record unless a leasehold interest is to be divided, in which case “record title ownership” shall mean ownership or record of such lease-hold interest;
“record title ownership” does not include ownership of mineral rights or other subsurface interests which have been severed from ownership of the surface. U. Specific Plan “Specific plan” means any specific plan prepared and adopted pursuant to Government Code sections 65450 and following. V. Street “Street” means a way for pedestrian, equestrian, or vehicular traffic, excluding only foot paths, and including avenues, roads, highways, squares, lanes, alleys, courts, places, and equestrian trails.

W. Subdivider “Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided, real property into a subdivision for himself or others except those employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.” X. Subdivision “Subdivision” means the division by any subdivider of any unit or units of improved or unimproved land; or any portion thereof shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad right-of-way. “Subdivision” includes a condominium project, as defined in section 1350 of the Civil Code or a community apartment project, as defined in section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.
As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock. Y. Subdivision Map “Subdivision map” means a tentative parcel map, parcel map, tentative map, or final map. Z. Tentative Map “Tentative map” means a map required by and prepared pursuant to the Subdivision Map Act and this chapter for the purpose of showing the design of a proposed subdivision by final map and the conditions in and adjacent to the proposed subdivision. AA. Tentative Parcel Map “Tentative parcel map” means a map required by and prepared pursuant to the Subdivision Map Act and this chapter for the purpose of showing the design of a proposed subdivision by parcel map and the conditions in and adjacent to the proposed subdivision.

A. Tentative Map and Final Map

A tentative map and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Civil Code section 783, or a community apartment project containing five or more parcels, except where:

(a) The land before division contains less 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 Planning Commission, or (b) Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway, or
(c) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the Planning Commission as to street alignments and widths, or 12.04.020 Continued – 12.04.030

(d) 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.

B. Tentative Parcel Map and Parcel Map

(a) A tentative parcel map and parcel map shall be required for all subdivisions for which a tentative map and final map are not required. (b) A tentative parcel map and parcel map shall not be required for: (1) Subdivisions of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, which are created by short term leases (terminable by either party on not more than thirty (30) days’ notice in writing), unless a showing is made in individual cases, under substantial evidence, that public policy necessitates such a tentative parcel map and parcel map, or (2) Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a tentative parcel map and parcel map.

C. Subdivision by Gift

(Missing this portion of this ordinance)

Indicating creation of the parcels by gift shall appear on the subdivision map.

D. Subdivisions by Testamentary Disposition

Subdivision maps prepared pursuant to the Subdivision Map Act and this chapter shall be required for all subdivisions created by testamentary disposition, since such divisions create parcels for sale, lease, or financing in the future. A not indicating creation of the parcels by testamentary disposition shall appear on the subdivision map.

E. Preliminary Map

A preliminary map may be submitted for any subdivision by parcel map or final map, prior to the filing of a tentative parcel map or tentative map, if the subdivider wishes to obtain general comments on a proposed subdivision.

A. Preliminary Maps

A preliminary map for a subdivision by parcel map or final map shall be submitted with the appropriate fee to the City Planning Department, if the subdivider wishes to submit such a map.
Submittal of a preliminary map shall not be deemed a filing pursuant to the Subdivision Map Act or this Chapter.

B. Tentative Parcel Maps and Tentative Maps

(a) Prior to the filing of a tentative parcel map or tentative map, a completed environmental assessment questionnaire and the appropriate fee shall be filed with the City Planning Department. (b) No tentative parcel map or tentative map shall be deemed filed unless and until the following accompany the map: (1) A proposed general plan amendment, unless exempted from this requirement by the City Planning Department because the proposed subdivision is consistent with the general plan; and (2) A proposed specific plan, unless exempted from this requirement by the City Planning Department because the proposed subdivision does not require a specific plan under state law or this chapter; and
(3) An application for a zoning amendment, unless exempted from this requirement by the City Planning Department because the proposed subdivision is consistent with applicable zoning; and
(4) A report from the Planning Commission on the completed environmental assessment questionnaire and draft environmental impact report, except that a draft environmental impact report shall not be filed if the proposed subdivision is exempted from this requirement by the Planning Commission; and (5) A preliminary title report from a title company on all real property within the proposed subdivision; and (6) A preliminary soils report, unless exempted from this requirement by the City Planning Department; and (7) Such other information as may be required by this chapter; and
(8) The appropriate fee, unless such fee accompanied the submittal of a preliminary map.

The subdivider shall file twenty (20) copies of the tentative parcel map or tentative map, or such lesser number as the City Planning Department may specify. Written acknowledgement of filing shall be given to the subdivider at the time of filing.

C. Distribution After Filing

After a tentative parcel map or tentative map is filed, the City Planning Department shall forward copies to the City Engineer, City Health Department, the serving school district, special districts, and utility companies, and any other affected agency. Each such person, district, or agency may submit written recommendations to the City Planning Department prior to the Planning Commission public hearing on the map.

D. Parcel Maps and Final Maps

Parcel maps and final maps shall be filed with the City Planning Department. No parcel map or final map shall be deemed filed unless and until the appropriate fee accompanies the map. Written acknowledgement of filing shall be given to the subdivider at the time of filing.

A. Review of Planning Commission

The Planning Commission shall have the authority to evaluate subdivision maps, zoning amendments, and all other proposed projects for potential impact on the environment.
Pursuant to that authority, the Planning Commission shall have the further authority to request additional information from any person, subdivider, or agency; determine and declare categorical exemptions, ministerial actions, negative declarations, and emergency projects;
require draft environmental reports and evaluate environmental impact reports for any proposed project which may have a significant impact on the environment; retain private consultant, at the expense of the person, subdivider, or agency proposing the project, with special expertise as to any potential environmental impact; And discharge any other responsibility pursuant to the Environmental Quality Act (Public Resources Code sections 21000 and following) and all regulations and guidelines and promulgated thereunder.

B. Subdivision Maps Received for Filing

A tentative map or tentative parcel map shall not be deemed to have been filed with the City until such time as the environmental process required by the California Environmental Quality Act has been completed.

A. General

The tentative parcel map shall comply with all requirements of this section and with any other requirements imposed by this chapter.

B. Format

The tentative parcel map shall be prepared by the subscriber or his agent and shall be legibly drawn in ink on one sheet of paper eighteen (18) by twenty-six (26) inches in size.

C. Content

The tentative parcel map shall show all the following information:

(a) Boundary lines, dimensions, and approximate areas of the original parcel and of each proposed parcel. (b) Locations and dimensions of each existing structure, approximate distances between structures and boundary lines of both the original parcel and of each proposed parcel. (c) Names, locations, and widths of all existing streets on or bounding the original parcel and of all streets proposed by the subdivider.
(d) Locations and dimensions of all existing and proposed easements, right-of-ways and underground structures of any kind. (e) Locations and high water lines of all bodies of water and water courses.

(f) Approximate slope of the land, approximate scale of the map, and north arrow. (g) Proposed building sites and building setbacks from existing and proposed boundary lines, streets, easements, rights-of-way and underground structures of any kind. (h) Proposed numbers of parcels and proposed use of each. (i) Proposed water supply and sewage disposal for each proposed parcel. (j) Applicable zoning of all property within the proposed subdivision. (k) Date(s) of owner’s purchase of property and date of preparation of map. (l) Legal description of all property within the proposed subdivision (Assessor’s Parcel Number(s) or Recorder’s Book and Parge of Deed(s). (m) Name, address, and telephone number of the subdivider, of the person who prepared the map, and of all parties having any record title interest in the real property proposed to be subdivided, as shown in the preliminary title report. (n) Signature of the subdivider. (o) The subdivider shall submit to the City Planning Department, evidence that a supply of water sufficient for the proposed land use is available for each lot created by the tentative parcel map. (p) The subdivider shall submit to the City Planning Department evidence that adequate, safe sewage disposal sufficient for the proposed land use is feasible on each lot created by the tentative parcel map.

Such of the foregoing as may not practicably be shown on the map may be shown on separate sheets or contained in a written statement accompanying the map.

A. General

The tentative map shall show all of the information required of a tentative parcel map.
In addition the tentative map shall comply with all requirements of this section and with any other requirements imposed by this chapter.

B. Format

The tentative map shall be prepared by or under the direction of the civil engineer or licensed surveyor or shall be legibly drawn in ink on sheets of paper eighteen (18) by twenty-six (26) inches in size. The particular number or each sheet and total number of sheets, and its relation to each adjoining sheet shall be clearly shown.

C . Scale

The subdivisions of average lot size of less than one (1) acre, the scale shall be one (1) inch equals fifty (50) feet. For subdivisions of average lot size of one (1) acre or more, the scale shall be on (1) inch equals one hundred (100) feet.

D. Topographic Contours

(1) Topographic Contours shall show accurately the existing terrain within the subdivision and within a minimum of 500 feet on all sides, and approximate finished grade contours of all existing and proposed street, culverts, bodies of water and water courses, overhead and underground utilities, major structures and other improvements. (2) The contour interval within the subdivision boundaries shall not be greater than two (2) feet and the contour interval outside the subdivision boundaries shall not be greater than five (5) feet, except that the City Planning Department may grant an exception to this requirement if appropriate to the topography of the subdivision.
Every fifth contour shall be of heavier weight and clearly labeled. Contours may be omitted when the lines fall closer than ten (10) contours per inch, provided that all contours at the bottom and top of slope changes are shown. In no event shall the heavy contours be omitted. (3) Spot elevations shall be expressed to the nearest tenth (0.1) of a foot. On comparatively level terrain where contours are more than 100 feet apart, the contours may be omitted and spot elevations shall be shown at intervals. (4) At lease ninety (90) percent of all contours shall be within one-half contour of true elevation except that in areas where the ground id completely obscured by dense brush or timer, ninety (90) percent of all contours shall be within one (1) contour of true elevation. Contours in obscured areas shall be indicated by dashed lines.

E. Streets

The approximate grade and approximate point of grade change for each street, the radius of curve also on the property line.

F. Storm Water

Location, width, approximate grade, direction of flow, and type of existing and proposed drainage channels and storm drains and of areas subject to inundation by storm water and overflow shall be shown.

G. Vicinity Map

A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to community development shall accompany the tentative map.

H. Written Statement

A written statement of general information on the following shall accompany the map:

(a) Approximate construction phasing and sketch of the subdivision showing that each phase of construction is completed within one (1) construction season. (b) Proposed method of fire protection and, if applicable, approval of the fire district within which the subdivision is located. (c) Plans for draining areas subject to inundation.

(d) Statement of intent regarding any proposed deed restrictions. (e) Proposed method of assuring proper administration and maintenance of common areas and open space. (f) Other improvements proposed.

I. Slide Information

A report of a civil engineer as to stability of areas in which slides have occurred within or immediately adjoining the proposed subdivision, or in which there is a slide hazard, when specifically requested by the City Planning Department, shall be filed.

J. Future Development

If the subdivision is part of a large single ownership area, a sketch showing proposed future development outside of the proposed subdivision shall be filed.

A. Public Hearing

The Planning Commission shall, within fifty (50) days after filing of the tentative parcel map or the tentative map, conduct a public hearing and approve, conditionally approve, or disapprove the map, unless time has been extended with the consent of the subdivider. Notice of such meeting shall also be given in writing to the subdivider and to all owners of real property within 500 feet of the proposed subdivision at least ten (10) days prior to the hearing. Any interested person may appear at such hearing and shall have the opportunity to be heard.

B. Written Recommendations

The City Planning Department shall, at least three (3) days prior to the Planning Commission meeting at which the tentative parcel map or tentative map is to be considered, prepare and distribute written recommendations on the map. Such recommendations shall be distributed to the subdivider and to the Planning Commission and may be distributed to any other interested party.

C. Criteria for Review

The Planning Commission shall consider but shall not necessarily be limited to the following when reviewing the tentative parcel map or tentative map:

(a) Road easements and rights-of-way. (b) Existing and proposed land use. (c) Flood and water drainage control. (d) Ingress and egress. (e) Utilities and utility easements. (f) On-site and off-site improvements and dedications. (g) Sewage disposal. (h) Water supply. (i) Environmental impact. (j) Lot area and design including maximum 3:1 ratio of lot length to lot width. (k) Capability and feasibility of land for proposed density and use.

(l) Soils and geomorphological information.

D. Soils and Geomorphological Information

If the Planning Commission has knowledge of, or if the preliminary soils reports indicates, the presence of critical soils, seismic, hydrologic, geologic, or topographic limitations which, if not corrected or compensated, would lead to potentially significant structural deficiencies or environmental degradation, the Planning Commission may require appropriate investigation of each lot in the subdivision.

E. Conditions of Approval

Approval of any tentative parcel map or tentative map shall be subject to reasonable conditions.
The Planning Commission shall deny the map if it makes any of the following findings:

(a) That the proposed map is not consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the Planning Commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subdivision shall apply only to easements of record or to easements established by judgment of court or competent jurisdiction. No authority is granted to the Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

F. Certificate of Approval

Upon approval or conditional approval of the map, the Planning Commission shall attach a certificate of approval, together with any conditions which may be required, to the map.

G. Conditions of Disapproval

The Planning Commission shall disapprove any tentative parcel map or tentative map for failure to meet or perform any of the requirements or conditions of the Subdivision Map Act or this Chapter.

H. Notification of Decision

The subdivider shall be notified in writing of the decision of the Planning Commission. If the tentative parcel map or tentative map has been approved or conditionally approved, the subdivider may prepare a parcel map or final map, as appropriate, provided the appeal period has expired and no appeal has been filed.

I. Time Limits

(a) Approval of tentative parcel map or tentative map shall be valid for one (1) year. Upon written application to the Planning Commission at least sixty (60) days prior to expiration of approval, an extension of time not exceeding one year may be granted by the Planning Commission. The Planning Commission may impose new conditions or revise existing conditions in granting an extension. Failure to file a parcel map or final map within the prescribed time shall terminate all proceedings and a new tentative parcel map or tentative map shall be required.

(b) Failure of the Planning Commission to act on a tentative parcel map or tentative map within fifty (50) days after filing shall be deemed approval of the map insofar as it complies with applicable provisions of the Subdivision Map Act and this chapter, unless time has been extended with the consent of the subdivider.

A. Requirements

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey and shall conform to all of the following provisions:

(a) It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester faze film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(b) The size of each sheet shall be eighteen by twenty-six inches (18” x 26”). A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch (1”).

The scale must appear on each sheet, except on a title sheet not containing a map.
Minimum scales used on final maps shall be one Inch (1”) equals fifty feet (50’), unless otherwise specified by the City Engineer and except for a planned unit development, which shall be one inch (1”) equals twenty feet (20’). The basis of bearings shall be approved by the City Engineer and shall be required on one sheet only. The final map shall show the equation of bearing to true North. The particular number of 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 be clearly shown. (c) All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and such information as may be necessary to 12.04.080 Continued – 12.04.090

determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries. (d) Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named. (e) The exterior boundary of land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision and particularly its relation to surrounding surveys. (f) When a soils report, a geologic report, or a soils and geologic report have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, the name of the engineer making the soils report and geologist making the soils report and geologist making the geologist report, and the location where the reports shall be kept on file for public review in the City Planning Department. (g) The title sheet shall contain the subdivision name, location or the property being subdivided with reference to maps which have been previously recorded, or by reference to the plot of the United States survey. If the property included with the subdivision lies wholly in the City of Loyalton the following works shall appear in the title: “In the City of Loyalton.” If partly within the incorporated city, the following words shall be used: “Partly within the City of Loyalton.” (h) Affidavits, certificates, acknowledgements, endorsements, acceptances, or dedications of the notarial seals required by state law and this part shall appear only once on the title sheet and shall be placed thereon by black India ink or photographic reproduction. If more than three (3) sheets are used for the final map, a key diagram shall be included. (i) The final map shall show the definite location of the subdivision and particularly its relation to surrounding subdivisions, surveys, and shall make reference to the County Recorder’s book and page of such subdivisions and surveys. (j) The final map shall show the centerline of each street; the boundary of each street, including the width of the portion of any fractional street being dedicated; the width of existing road rights-of-way when available from public records; and the widths of each side of the centerline of whole streets. The widths and locations of adjacent streets shall be shown as determined from public records. Whenever the City Engineer has established either the centerline or monument line of the street and such information is made a public record, this location and data shall be shown on the final map. (k) Lots: (1) Lot numbers shall begin with the number “1” and shall continue consecutively with no omissions or duplications, except that on multiple unit developments numbering of lots shall begin where the numbering of a previous unit stopped. All figures shall be conspicuous and solid. (2) Each lot must be shown in its entirety on one sheet of the final map and map not be divided between sheets. (3) No ditto marks shall be used in the dimensions and data. (4) Lot area shall be shown for each parcel being created and shall be exclusive of the portion lying in the street.

(l) A property owner’s association which shall be a corporation formed pursuant to the laws of the State of California, shall be formed for each subdivision requiring the filing of a final map prior to the approval thereof and shall provide for: (1) Maintenance of all required utilities and improvements not provided by a public entity. These may include, but not be limited to: roads, fire protection, snow removal, parks and recreation, solid waste disposal, water, open space, bikeways and trails, improvement security, and such other improvements as may be designated by the Planning Commission. (2) Such corporation shall be formed to guarantee an ongoing agency for maintenance of required improvements. The corporation shall have a right to access on each parcel in the subdivision for maintenance of such utilities, improvements, and facilities not maintained by public entity. Standards of maintenance shall be prescribed in the corporate bylaws and approved by the City Council. (3) The requirement set out in this section may be that maintenance of all required by the subdivision be adequately provided by a public agency r by a private entity which can demonstrate its capability to provide such ongoing maintenance of such utilities, improvements and services. Standards of such maintenance may be set by the Planning Commission when waiving the requirement that there be a property owner’s association. (m) A note on the final map identifying all conditions of approval and requirements required by this chapter.

B. Filing and Review

The subdivider, or his authorized agent, shall keep himself informed as to the approval procedure for final maps and any agreements accompanying final maps and shall deliver to the City Planning Director the original of the final map, with all necessary certificates executed (other than the certificate of acceptance of the Council), along with the required number of copies of the final map, the improvement plans and all accompanying agreements.

C. Data to Accompany Final Maps

The final map shall be in substantial conformity to the tentative map and shall be accompanied by the following documents, all of which must be approved prior to such time the final map is set for hearing before the City Council.

(a) The improvement plans as approved and signed by the City Engineer and City Planning Director. (b) Agreements for improvements including surety bonds, guaranteeing completion and payment of costs incurred shall be approved by the City Attorney. (c) Such agreements as are prescribed by the Subdivision Map Act, or by this chapter concerning the improvement of streets and highways, the construction of sewage or drainage facilities, the reduction of fire hazards, flood protection, improvement security, and other matters as required by this chapter. (d) Agreements acceptable to the Planning Commission, executed by the owners of existing utility easements within proposed road rights-of-way as may be required by the Planning Commission for the convenience and public use of the road.

(e) Written evidence acceptable to the Planning Commission in the form of right-of-entry or permanent easements across private property outside the subdivision permitting or granting access to perform necessary construction work, permitting the maintenance of the facility, and providing access to the subdivision. (f) Deeds for easements of rights-of-way required for road, drainage or other purposes which have not been dedicated on the final map. (g) Cash deposit or acceptable surety bond equivalent to the estimated cost of construction of all improvements, monuments, landscaping, guaranteeing performance of work, payment for labor and materials, and any other claims that may arise as a result of the improvement work, as set forth in the subdivision agreement. (h) Cash payment or proof of payment for all checking and filing fees; inspection of construction; cash deposit as required by the fire districts or water company or district having jurisdiction of fire hydrant rental fees, and other applicable fees or deposits; and approved by the City Engineer. (i) Evidence of formation of legal entities when required to operate and perform all required maintenance and services.

D. Dedications

Dedications of or offers to dedicate interests in real property for specified public purposes shall be made by a certificate on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Government Code section 66436.

In the event any street shown on a final map is not offered for dedication, the certificate may contain a statement to this effect. If such statement appears on the final map and if the map is approved by the City Council, the use of any such street or streets by the public shall be permissive only.

An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such real property unless and only to the extent and intent to dedicate such facilities is expressly stated in the certificate.

The final map shall contain a certificate for execution by the Clerk of the City of Loyalton stating that the City Council approved the map and accepted, accepted subject to improvement, or rejected on behalf of the public, and real property offered for dedication for public use in conformity with the terms of the offer of dedication.

E. Easements

(a) All easements required to be dedicated shall be dedicated for future acceptance and the particular use shall be specified on the final map. The subdivider shall provide the City Engineer with letters from all serving utilities stating that the easements as provided on the final map are satisfactory. Easements for an existing or proposed utility installation for the use of a private or nongovernmental agency shall not be shown on the final map unless there is a recorded conveyance to such individual or corporation. (b) The sidelines of all such record easements shall be shown by dashed lines on a final map with the widths, lengths, and bearings thereof, in figures if available from the records.

(c) Easements not disclosed by the records of the County Recorder, and found by the City Engineer to be existing in the subdivision prior to the date of filing for record of the final map, shall be specifically designated on said final map, shall be specifically designated on said final map, naming the party or parties using said easement and describing the specific purposes for which the easement is being used. (d) Easements evidenced by the records of the County Recorder prior to the date of filing for record of the final map shall be specifically designated thereon by the book and page of the conveyance which established said easement and the name of the grantee in said conveyance who or which reserved said agreement. F. Surveying and Monuments

The final map shall be based on record data, and shall be in accordance with the Land Surveyors’ Act (Business and Professions Code sections 8700 and following). Monuments shall be considered sufficient, durable, and efficiently placed when they have met the following criteria: (a) External boundary monuments of the final map shall be placed on each angle point and tangent point on curves, but in no event more than one-quarter mile apart. All right-of-way monuments on the property line shall be set on both sides of the centerline of such right-of- way. (b) The location and description of all existing and proposed monuments shall be shown and relation of these monuments and the lines formed by these monuments to existing surveys shall be shown and noted. Subdivision monuments shown set or to be set on the final map shall conform to the standards and specifications as set by the City Engineer, this chapter and state law. (c) Lot corner monuments shall be placed and stamped or tagged and be at least equivalent to three-fourths inch (3/4”) galvanized iron pipe being eighteen inches (18”) in length driven vertically and of sufficient length and depth to provide a durable and stable monument. G. Checking (a) Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of the centerline of roads, the boundary lines of every lot and parcel which is a pat thereof. Other ties necessary for interpretation of the map and location of the points, lines, and areas depicted shall be shown. The prints submitted to the City Planning Director shall be accompanied by original traverse sheets prepared by the subdivider’s engineer or surveyor showing by mathematical closure proof of the accuracy of all surveying information shown on the map. Traverse sheets preferably will be submitted on computer printout sheets in a readily useable form. If not in acceptable form, the sheets shall be rejected and returned with the final map.

(b) The error of closure in traverse closures around the subdivision and around the interior lots or blocks shall not exceed 0.02 feet.

(c) Within twenty (20) days after submittal of the required documents by the subdivider to the City Planning Director, the City Planning Director and City Engineer shall either approve them or disapprove them and return them to the subdivider for correction. This twenty (20) day period will once again commence upon resubmittal of a corrected or amended final map by the subdivider to the City Planning Director.

H. Final Map Approval (a) The City Planning Director shall cause the final map and data to be placed on the agenda of the Planning Commission for review and transmittal to the City Council.

(b) When the final map conforms to the approved tentative parcel map, the Subdivision Map Act and this chapter; is technically correct; and has been approved by the Planning Commission; the original tracing of the final map, with all necessary certificates fully executed, shall be submitted to the City Planning Director who shall forward such final map to the City Council together with all required accompanying documents, and shall cause the review and consideration of the final map to be placed on the agenda of the City Council for the earliest possible meeting permissible under the rules of the City Council.

(c) The City Council shall approve, conditionally approve, or reject the final map. The City Council shall accept or reject any or all offers of dedication.

I. Multiple Final Maps A subdivider may file multiple final maps covering only a portion of an approved tentative map provided that the sub- divider, at the time the tentative map is filed with the City Planning Department, informs the City Planning Department of the intention to file multiple final maps on such tentative map. Each final map shall be given a separate subdivision number and all the information and conditions required of a final map shall be required for multiple final maps. The City Planning Commission may impose reasonable conditions relating to the filing of multiple final maps including but not limited to fees, improvements, improvement security, sub­ division agreements and time limits for filing multiple final maps to provide for the logical and orderly development of the entire subdivision. J. Recordation (a) Upon approval of the final map by the City Council, the Clerk of the City Council shall transmit the final map, deeds, and all other necessary documents to the County Recorder for recording.

(b) The subdivider shall present to the County Recorder evidence that upon the data of recording, the parties consenting to the recordation of the final map are all of the parties having a record title interest in the real property being subdivided, whose signatures are required by the provisions of the Subdivision Map Act; otherwise, the final map shall not be recorded.

K. Compliance With Requirements The Council shall disapprove any final map for failure to meet or perform any of the requirements or conditions of the Sub­ division Map Act or this chapter which were applicable to the sub­ division at the time of approval of the tentative parcel map or tentative map. Such disapproval shall be accompanied by a finding identifying the requirements or conditions which were not met or performed. The Council shall waive the provisions of this section. if it finds that the failure of the map was the result of a technical and inadvertent error which does not materially affect the validity of the map.

12.04.100 12.04.100 Other Maps. A. Parcel Map

1. General The parcel map shall comply with all requirements of this section and with any other requirements imposed this chapter.

2. Requirements The parcel map shall be prepared by or under the direction of a civil engineer or licensed land surveyor and shall conform to all of the following provisions: (a) It shall be legibly drawn printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester bas film, the ink surface shall be coated with a suitable substance to assure permanent legibility. (b) The size of each sheet shall be eighteen (18) by twenty‐six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. (c) Each parcel shall be lettered. (d) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. (e) The map shall show the location of each parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey but only by reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more. (f) A certificate of consent by all parties having any record title ownership in the real property proposed to be subdivided, consenting to the preparation and recordation of the parcel map shall be required as specified in this part. When a subdivider does not possess record title interest in the property being subdivided, the subdivider shall present, to the City Engineer. satisfactory evidence that the persons with record title ownership have consented to the subdivision. (g) All streets, easements, and rights‐of‐way required to be shown by the City Planning Department shall be shown. (h) Locations and high water lines of all bodies of water and water courses shall be shown. (i) The area of each parcel to the nearest on hundredth (0.01) of an acre shall be shown. (j) A note on the parcel map identifying all conditions of approval and requirements required this chapter.

Filing and Review The subdivider, or his authorized agent, shall keep himself informed as to the approval procedure for parcel maps and any agreements accompanying parcel maps and shall deliver to the City Engineer the original of the parcel map, with all appropriate certificates along with three copies of the parcel map, any improvement plans, and all accompanying agreements. The City Engineer upon receipt of the parcel map shall cause to be delivered to the City Planning Director one copy of the parcel map, improvement plans and accompanying agreements. The City Planning Director shall ascertain whether or not the Planning Commission desires to review the parcel map and data to be placed on the agenda of the Planning Commission for review. 4. Agreements All agreements accompanying the parcel map which are prescribed by the Subdivision Map Act, or by this chapter or as set forth by the Planning Commission concerning the improvement of streets and highways, the construction of sewage or drainage facilities, the reduction of fire hazards, flood protection, and other matters shall be filed with the parcel map. 5. Dedications Dedications or offers of dedication shall be made by certificate on the parcel map unless the City Engineer agrees to accept dedication or offer of dedication by separate instrument. Dedications or offers of dedication by separate instrument shall be recorded concurrently with or prior to the parcel map being filed for record. Dedications or offers of dedication shall be signed by those parties having any record title interest in the real property being subdivided and as set forth in the Sub­ division Map Act. 6. Easements The parcel map shall contain information conforming to all of the following provisions: (a) All easements required to be dedicated shall be dedicated for future acceptance and the particular use shall be specified on the parcel map. The subdivider shall provide the City Engineer with letters from all serving utilities stating that the easements as provided on the parcel map are satisfactory. Easements for an existing or proposed utility installation for the use of a private or nongovernmental agency shall not be shown on the parcel map unless there is a recorded conveyance to such individual or corporation. (b) Easements not disclosed by. the records of the County Recorder, and found by the City Engineer to be existing in the subdivision prior to the date of filing for record of the parcel map, shall be specifically designated on said parcel map, naming the party or parties using said easement and describing the specific purposes for which the easement is being used. (c) Easements evidenced by the records of the County Recorder prior to the date of filing for record of the parcel map shall be specifically designated thereon by the book and page of the conveyance which established said easement and the name of the grantee in said conveyance who or which reserved said agreement.

(d) The sidelines of all such record easements shall be shown by dashed lines on the parcel map with the widths, lengths, and bearings thereof, in figures if available from the records.

7. Surveying and Monuments

The parcel map shall be based on record data, and shall be in accordance with the Land Surveyor’s Act (Business and Professions Code sections 8700 and following). Monuments shall be considered sufficient, durable, and efficiently placed when they have met the following criteria:

(a) External boundary monuments of the parcel map shall be placed on each angle point and tangent point on curves, but in no event more than one-quarter mile apart. All right of way monuments on the property line shall be set on both sides of the centerline of such right of way.

(b) The location and description of all existing and proposed monuments shall be shown and the relation of these monuments and the lines formed by these monuments to existing surveys shall be shown and noted. Subdivision monuments shown set or to be set on the parcel map shall conform to the standards and specifications as set by the City Engineer, this chapter and state law.

(c) Lot corner monuments shall be placed and stamp­ ed or tagged and be at least equivalent to three-fourths inch (3/4”) galvanized iron pipe being eighteen inches (18”) in length driven vertically and of sufficient length and depth to provide a durable and stable monument.

8. Checking

A. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of the centerline of roads, the boundary lines of the sub­ division, and the boundary lines of every lot and parcel which is a part thereof. Other ties necessary for interpretation of the parcel map and location of the points, lines, and areas depicted shall be shown.

B. The prints of the parcel map submitted to the City Engineer shall be accompanied by original traverse sheets prepared by an engineer or surveyor showing mathematical closures and proof of the accuracy. All information shall be based on a coordinate system common to the map.

C. The error of closure in mathematical computations around the original parcel if field surveyed and interior parcels when bearings and distances can be precisely calculated shall not exceed 0.02.feet.

D. The City Engineer shall examine the parcel map within twenty (20) days after its receipts by him from the subdivider, provided, however, if the parcel map is rejected and returned for additional information or correction, or City Council or Planning Commission review is required9 the twenty (20) days shall start again when the parcel map is resubmitted or acted upon by the City Council or the Planning Commission.

9. Certification

(1) The City Planning Director and City Engineer shall certify the parcel map ff the following circumstances exist:

1. The parcel map complies with all requirements of the Subdivision Map Act and this chapter.

2. A certificate consenting to the preparation and recordation of the parcel map has been executed by all parties having any record title interest in the real property being subdivided.

3. Certificates required by this part are executed.

(2) If the above circumstances exist, the City Planning Director and City Engineer shall certify the parcel map by executing thereon a certificate stating their approval and indicating the dedication and terms of real property for public use, if any.

(3) If the above circumstances do not exist, the City shall reject the parcel map.

10. Recordation

Upon certification of the City Engineer, the map shall be submitted to the County Recorder for recordation with the certificate of title. The County Recorder shall process the parcel map pursuant to Government Code, section 66466.

11. Compliance with Requirements

The Council shall disapprove any parcel map for failure to meet or perform any of the requirements or conditions of the Subdivision Map Act or this chapter which were applicable to the subdivision at the time of approval of the tentative parcel map or tentative map. Such disapproval shall be accompanied by a finding identifying the requirements or conditions which were not met or performed. The Council shall waive the provisions of this section if it finds that the failure of the map was the result of a technical and inadvertent error which does not materially affect the validity of the map.

B. Reversion to Acreage

1. Petition and Data Required for Reversion to Acreage

A petition, signed and acknowledged by all the owners of record of real property within the subdivision requesting reversion to acreage shall be filed with and containing the information prescribed by the Planning Commission and shall be accompanied by the following:

(a) Evidence of title to the real property; (b) Evidence of the consent of all of the owners of any record interest in the property; (c) Evidence that none of the improvements required to be made have been made within two years from the date the subdivision map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; (d) Evidence that no lots shown on the subdivision map have been sold within five (5) years from the date such subdivision map was filed for record; (e) A tentative map or tentative parcel map in the form prescribed by this chapter; (f) A final map or parcel map in the form pre- scribed by this chapter which delineates dedications which will not be vacated and dedications which will be required as a condition of reversion. (g) Fee as prescribed by resolution of the City Council.

2. Reversion to Acreage by Parcel Map

Real property previously subdivided and consisting of four or less contiguous parcels under the same owner­ ship, may be reverted to acreage by parcel map pursuant to the provisions of the Subdivision Map Act and this chapter.

3. Reversion to Acreage by Final Map

Real property previously subdivided by final map may be reverted to acreage by final map pursuant to the provisions of the Subdivision Map Act and this chapter.

C. Boundary Line Adjustment

1. Approval Required

A tentative parcel map for a proposed boundary line adjustment shall be submitted with the appropriate fee to the City Planning Department. Upon approval of the tentative parcel map for compliance with the requirements of State Law and this chapter, the City Planning Department shall submit the tentative parcel map to the City Planning Commission for approval. Upon approval of the tentative parcel map by the City Planning Commission, a parcel map shall be filed in compliance with this chapter.

A. Improvements

The subdivision improvements referred to in this part or adopted by reference, shall be the minimum standards of improvements and upon findings by the Planning Commission that the public necessity and welfare require greater standards, such may be imposed.

B. Completion of Improvements

1. When improvements are required as a condit1on'of:approval for a subdivision by parcel map or waiver, pursuant to agreement between the City and the subdivider, such improvements shall be:

(a) Completed prior to final approval of the parcel map or waiver by the City; or (b) Guaranteed for completion within one year by a bond, time certificate or deposit, or a cash de- posit in an amount equal to 110% of an estimate or contract signed by a licensed contractor; based upon improvement plans; and approved by the Department of Public Works.

2. If improvements are deferred and security posted for completion, the subdivider shall enter into an agreement with the City, in a form acceptable to the City, which provides for release of such security to the subdivider only upon satisfactory completion and after an approved inspection by the City of all such improvements. Said agreement shall further provide that in the event such improvements are not completed and ap­ proved within one year, the City shall have the right to use such security to complete such improvements by either City labor or other means.

3. The requirements for construction of such improvements shall be noticed by certificate on the parcel map, or on the instrument evidencing the waiver of such parcel map, or separate instrument which shall be recorded on, concurrently with, or prior to the parcel map or 12.04.100 Continued – 12.04.110

instrument of waiver, in all cases where the improvements are not completed prior to the recordation of the parcel map or waiver instrument.

C. Final Map Improvements

Prior to the approval of any final map by the Planning Commission or the City Council, the subdivider shall improve or agree to improve the streets, utilities, facilities offered for public use, and all other required improvements in compliance with this chapter.

D. Improvement Standards

All improvements for subdivisions by final map or by parcel map shall be regulated and constructed in accordance with the specifications of the Loyalton Municipal Code and any resolutions applicable thereto. Improvements referred to in this section or adopted by reference shall be minimum standards of improvements and upon findings by the Planning Commission that the public necessity and welfare require greater standards, such may be imposed.

E. Lot Standards

Lot size shall be approved for sanitary consideration by the City Health Officer and in no case shall be less than that pre­ scribed by City zoning law and shall conform to the following:

(a) The depth of any lot shall not exceed three times the width on lots of 300 feet or less in width and shall not exceed four times the width on lots exceeding 300 feet in width; except that where the frontage of the lot exceeds a width of 600 feet, an exception may be granted by the Planning Commission providing that findings required in section 12.04.150 are made and the exception conforms to reasonable lot configuration. (b) Lot side lines shall be at approximately right angles to street lines. (c) Lots shall not have double frontages. (d) Lots shall not be divided by city, county, school district, or other taxing agency line. (e) Lot lines shall not extend into rivers, streams, and creeks that are used as public highways for recreational purposes.

F. Sewage Disposal

Every tentative map and tentative parcel map approved pursuant to this part shall be conditioned upon compliance with the requirements of the California Regional Water Quality Control Board - Central Valley Region, and the Loyalton Municipal Code:

(a) The Planning Commission requires that the subdivider connect to the City's sewer system. (b) In a subdivision served by the City sewer system all lines, sewage treatment facilitated, and appurtenances shall be constructed in accordance with the requirements of the City Engineer.

G. Flooding and Drainage

1. The subdivider shall design the subdivision so that it shall be protect from inundation, flood hazard, sheet overflow, and ponding of local storm water, springs, and other surface waters. Improvements shall be designed so that water occurring within the subdivision will be carried off such subdivision with­ out injury to any improvements, building sites. buildings, structures, or adjoining areas and will not cause erosion or siltation that would be detrimental to the environment of the area. Waters occurring within the subdivision shall be carried to a storm

drainage facility or to a natural watercourse such improvements as may be required by the Planning Commission to meet the design standards set forth in this part and by City Council resolution. Drainage design within the subdivision shall accommodate reasonable anticipated future development within the drainage area. Any offtrack outlet drainage facility required to carry storm water from the proposed subdivision to a defined channel or conduit shall be made adequate for the ultimate state of development in the drainage area

2. In any case when a watercourse traverses or serves a subdivision, adequate onsite and offsite easements for storm drainage purposes shall be provided.

3. A storm drainage maintenance district or acceptable alternative which includes the entire subdivision shall be established for the maintenance of storm drainage facilities within the subdivision and any offsite drainage easements. If a storm drainage maintenance district has previously been established within a particular drainage area, where said subdivision is being proposed, the proposed subdivision shall be annexed to the existing district.

4. If the City has adopted a drainage plan for all or part of the proposed subdivision, the subdivision shall be required to pay a fee consisting of a pro-rata share of the cost of contracting or estimated cost of constructing drainage facilities within the drainage area.

H. Water Supply

The Planning Commission requires that the subdivider connect to the City's water system.

I. Roads

Road standards shall be as required by the Planning Commission after consultation with the City Engineer and shall be in compliance with any applicable resolution of the City Council.

J. Curb and Gutters

Curbs and gutters shall be as required by the Planning Commission and shall be in compliance with any applicable resolutions of the City Council.

K. Underground Utilities

At the time a tentative parcel map or tentative map is approved, the Planning Commission may impose, as a condition of such approval, the requirements to install underground utilities as hereinafter provided:

1. The installation of underground utilities shall comply with not less than the minimum requirements for the placement of electrical and communications facilities in compliance with State Public Utilities Commission regulations. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes, and meter cabinets and concealed ducts may be installed above the ground provided that such facilities shall be located and designed so as to harmonize with the area and shall be appropriately screened and landscaped.

2. The responsibility of the coordination and obtaining approval from each utility concerned for the placement of underground utilities shall rest solely with the subdivider.

3. The number of working days and the sequence of installation for each utility shall be listed separately on the submitted improvement plans. The location of each utility facility and the common trench detail shall be shown by plan and cross section on the improvement plan and shall be approved by the City Engineer.

4. The subdivider shall be responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. An agreement shall be entered into between the subdivider and the utility companies listing who performs and finances each segment of work relating to electrical and telephone installations. A letter from the serving utility company will be required before the improvement plans are signed by the City Engineer and the City Planning Director. The letter shall state that said company has approved the design, utility location and scheduling and has entered into the above agreement.

5. Any high voltage or major communication facility should be identified in accordance with public utility company requirements by a buried cable marker or acceptable al­ ternate on each side of the roadway.

L. Building Sites

The creation of building sites through mass pad grading and successive padding or terracing is prohibited.

Building sites within meadows. flood plains, watercourses, or the high water level of any body of water as identified by the Planning Commission are prohibited and the subdivider shall provide through subdivision design and deed restriction, conditions covenant and restrictions, easements or other method acceptable to the City that no building or structure shall be constructed in such areas.

M. Grading

1. Every tentative parcel map and tentative map approved pursuant to this chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in the latest adopted edition of the Uniform Building Code, applicable environmental law, and the specifications set by City Council resolution.

2. At the time the tentative parcel map or tentative map is approved, the Planning Commission shall impose, as a condition of such approval, restrictions on the improvements which require clearing brush and trees, or of moving of earth by mechanical equipment. Such restrictions shall include a provision that no such improvements may be made for a given period of time which may include the time up to the filing of the parcel map or final map.

3. All grading done in conjunction with any subdivision shall be done in accordance with this part.

N. Community Improvements

Whenever the Planning Commission requires the installation of roads, sewers, water supply systems or drainage facilities by the subdivider, and such improvements are of benefit and value to other land than that located within the subdivision, the Planning Commission may recommend to the City Council an agreement with the subdivider to reimburse him in whole or part for the use of such improvements by other lands than those developed by the subdivider, and may recommend to the City Council the imposition and collection of a charge for the use of such facilities as provided in the Sub­ division Map Act.

O. Fire Protection

The City Planning Commission, after consultation with the appropriate fire protection district, shall require fire protection improvements for all subdivisions.

P. School Facilities

1. The Planning Commission may, as a condition of approval of any zoning amendment, permit for residential use, tentative map, tentative parcel map, or residential developments, require the dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools by expanding existing public schools or construction of new school facilities, provided that the following occurs:

(a) The general plan of the City provides for the location of public schools.

(b) Locations and amounts of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the surrounding community for interim elementary or high school facilities.

(c) The requirements for land or fees, or both, is reasonably related and limited to the need for schools caused by the subdivision or residential development.

(d) The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary or high school class­ rooms and related facilities.

(e) The facilities to be constructed from such fees or upon the land to be dedicated, or both, is consistent with the City General Plan.

2. Only the payment of fees may be required in subdivisions containing fifty (50) parcels or less.

Payment of fees shall be made to the appropriate school district at the time of application for any building permit necessary to develop any of the subject parcels.

3. Following the decision of the Planning Coll1Tlission to require the dedication of land or the payment of fees, or both, the governing body of the school district shall submit to the Planning Commission and City Council.

(a) The Planning Commission may, as a condition of approval of any zoning amendment, permit for residential use, tentative map, tentative parcel map, or residential development, require the dedication of land, for classroom and related facilities for elementary or high schools by expanding existing public schools or construction of new school facilities.

(b) The Planning Commission shall consult with the governing body of the School District which operates an elementary or high school and the governing body of the School District shall notify the Planning Commission if the governing body makes findings supported by clear and convincing evidence that:

1. Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs. The reason for such conditions existing shall be stated; and

2. All reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist.

(c) The notice of findings sent to the Planning Commission shall specify the mitigation measures considered by the governing body of the School District. Mitigation measures to be considered by the governing body of the School District shall include, but not be limited to, the following:

1. School bond elections
2. Double sessions
3. Adjustment of interior and exterior school attendance boundaries.
4. Bussing of students to other schools within the district. With respect to each such mitigation measure considered, the findings of the governing body of the school district shall state in detail how such mitigation measure was evaluated, why it is not feasible to utilize such mitigation measure, and why such mitigation measure, is used, would not serve to remove overcrowding as an impairment to normal functioning of educational programs.

(d) The Planning Commission must make the following findings when requiring the dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools:

1. The general plan of the City provides for the location of public schools.
2. Locations and amounts of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the surrounding community for interim elementary or high school facilities.
3. The requirement for land or fees, or both is reasonably related and limited to the need for schools caused by the subdivision or residential development.
4. The land and fees, or both, transferred to a School District shall be used only for the purpose of providing interim elementary or high school classrooms and related facilities.
5. The facilities to be constructed from such fees or upon the land to be dedicated, or both, is consistent with the City General Plan.

(e) The requirement for payment of fees in lieu of dedication of land for classroom and related facilities for elementary or high schools may only be required in subdivisions containing fifty (50) parcels or less.

Payment of fees shall be made to the School District at the time any building permit is to be issued necessary to develop the property.

(f) Following the decision of the Planning Commission to require the dedication of land or the payment of fees, or both, the governing body of the School District shall submit to the Planning Commission and the City Council:

A schedule specifying how it will use the land or fees, or both, to solve the identified conditions of overcrowding. This schedule shall include the school sites to be used, classroom facilities to be made available, and the times when the facilities will be available.

The governing body of the School District, when receiving funds, shall maintain a separate account for any fees paid and shall file a report by August 1 of each year with the Planning Commission and the City Council on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal

year. The report of the school District shall specify which attendance areas wil1 continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist.

(g) If overcrowding conditions no longer exist, the City shall cease levying any fee or requiring the dedication of any land pursuant to this part. Any remaining funds held by the School District, as a result of fees imposed by this part, shall be deposited in the building fund of the School District.

Q. Improvement Plans Required

1. Following approval of the tentative parcel map or tentative map by the City Planning Commission, the subdivider shall prepare and submit to the City Engineer, two sets of improvement plans which conform to specifications set by City Council resolution or to the specifications set by the Planning Commission at the time the tentative parcel map or tentative map was approved by the Planning Commission. The improvement plans shall include detailed plans which comply and incorporate all conditions of the approved tentative parcel map or tentative map including but not limited to grading, landscaping, vegetation removal, and building sites and shall be accompanied by the required improvement plan check fee, engineer's estimate of construction, and any other information required by City Council resolution.

2. The plan check shall include an on-site field review by the City Planning Department and City Engineering Department and any other agency which is affected by any pro­ posed improvements.

3. Improvement plans for multiple final maps shall include all improvements required of the entire, approved tentative map.

R. Inspection and Control

1. All work done in construction the improvements and all materials furnished shall be subject to the inspection of the City.

2. The City 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 accordance with the requirements of this chapter.

3. If any of the work on improvements is done by the subdivider prior to the approval of the improvement plans, or prior to the inspection of the improvements by the City Planning Department and the City Engineer, such work may be rejected and shall be deemed to have been done at the risk and peril of the subdivider.

S. Improvement Delay

The subdivider shall perform the work to completion without undo delay except for inclement weather or other reasonable cause as determined by the City Engineer.

Delay in completion of work beyond the period stated in any agreements for improvement unless an extension is approved by the City Council and the surety company, may result in forfeiture of the cash deposit or security or a portion thereof for the completion of the work.

T. Acceptance of Improvements

1. When all improvement work required by the approved improvement plans, or a complete unit thereof, is complete to the satisfaction of the City Engineer, he shall issue a certificate to the City Council stating that such a portion of the work has been satisfactorily completed and recommending the acceptance by the City Council of the completed portion of the work.

2. Upon satisfactory completion of all work required to meet the requirements of this part, and its acceptance the City Council, the City Council shall file a Notice of Completion as to the required improvements in the office of the County Recorder.

U. Improvement Security

No parcel map or final map shall be approved for recordation and no roads or utilities shall be accepted for public use unless and until all improvements required have been constructed in a manner satisfactory to the City Council or a certified check or bond guaranteeing such improvements has been filed with and accepted the City Council.

V. Improvement Security Required

There shall be attached to the certified check or bond and as an integral part thereof, security for the performance and such security shall be submitted to the City Council.

The improvement security shall be secured by one of the following:

(a) A bond or bonds by one or more duly authorized corporate sureties substantially in the form prescribed by the Subdivision Map Act.

(b) A deposit into either the City Treasury or a reason­ able escrow agent or trust company selected by the City of cash or negotiable bonds of the kind ap­ proved for securing deposits of its public monies.

(c) An irrevocable instrument of credit from one or more financial institutions regulated by federal or state government and pledging that the funds are on deposit and guaranteed for payment on demand by the City.

(d) A lien upon the property to be divided, created by contract between the owner and the City of Loyalton, if the City Planning Commission finds that it would not be in the public's interest to require that installation of the required improvements sooner than two (2) years after the recordation of the map.

(e) Any form of security including security interests in real property, which is acceptable to the City Council. Any written contract or security interest in real property entered into as security for performance pursuant to this part shall be recorded with the County Recorder of the county in which the subject real property is located. From the time of recordation of the written contract or document creating a security interest, a lien shall attach to the real property particularly described herein and shall have the priority of a judgement lien in an amount necessary to complete the agreed - to improvements. The recorded contract or security document shall be indexed in the Granter Index to the names of all record owners of the real property as specified on the map and in the Grantee Index to the County of Sierra after approving the subdivision map.

W. Improvement Security Amount

The improvement security shall be provided in the amount of:

(a) 100 percent of the total estimated cost of the improvement or act to be performed conditional upon the faithful performance of the act or agreement; and (b) 100 percent of the total estimated cost of the improvement or act to be performed securing payment to the contractor the subcontractors and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act; and (c) The amount determined by the City Council necessary to guarantee or warranty the work for a period of one year following completion or acceptance thereof against any defective work or labor done, or defective materials furnished. (d) If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety an additional amount shall be included as determined by the City Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorney's fees, which may be incurred by the City in successfully enforcing the obligation secured.

The improvement security shall also secure the faithful performance of any changes or alternations in the work to the extent that such changes or alternations do not exceed ten percent (10%) of the original estimated cost of the improvement.

X. Improvement Security Release

The improvement security required by this part shall be released in the following manner:

1. Security given for faithful performance of any act or agreement shall be released upon the final completion and official acceptance by the City Engineer of improvements and work required.

2. Security given to secure payment to the contractor, his subcontractors and person finishing labor, materials, or equipment, shall six (6) months after the completion and acceptance of the act or work be reduced to an amount equal to the amount of all claims theretofore filed and of which notice has been given to the City Council, plus an amount reasonably deter­ mined by the City Engineer to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be re­ leased upon the settlement of all such claims and obligations for which the security was given.

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

4. In subdivisions in which the City has required that non-City improvements be completed to City standards, upon certification by the City Engineer that such non-City improvements have been completed to City standards the City Council may release that portion of the performance bonds covering non-City improvements.

5. The City Council may at any time release all or any portions of the property subject to any lien or security interest created by the subdivision, or subordinate the lien or security interest to other liens or encumbrances if the City Council determines that security for performance is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the completion of agreed upon improvements.

Y. Improvement Security Forfeiture

Upon failure of the subdivider to complete any improvement, acts, or obligations within the time specified, the City Council may, upon notice in writing of not less than ten (10) days served upon the person responsible for the performance thereof or upon notice in writing of not less than twenty (20) days served by registered mail addressed to the last known address of such person, determine that the subdivider is in default and may cause the improvement security or such portion thereof as is necessary to complete the work or act and any other obligations of the subdivider secured thereby to be forfeited to the City.

Z. Dedication Required

In any subdivision, dedications or irrevocable offers of dedication of real property within the subdivision for streets and alleys, including access rights and abutters rights, drain­ age easements, public utility easements and other public easements may be required and shall be shown on the final map or parcel map. Whenever land, easements or right-of-way are to be dedicated for public use or access or land, easements or rights-of-way are to be granted to public agencies, all such land, easements, or right-of-way not dedicated or granted by the owner's certificate on the final map or parcel map shall be granted by deed submitted not later than the final or parcel map.

AA. Dedication Acceptance: Final Maps

At the time the City Council approves a final map it shall also accept, accept subject to improvement or reject any offer of dedication. If there is no formal action by the City Council with regard to the offer of dedication, the offer shall be deemed to have been rejected. The Clerk of the City of Loyalton shall execute a certificate in compliance with this chapter certifying the action of the City Council with respect to the dedication or offer of dedication.

BB. Dedication Acceptance: Parcel Maps

At the time the Planning Commission approved a tentative parcel map and a parcel map is filed in compliance with this chapter, the City Engineer shall accept, accept subject to improvement or reject any offer of dedication. The City Engineer at his discretion may request that City Council to act on the offer of dedication.

CC. Dedication Offer to Remain Open

If at the time a final map or parcel map is approved, any streets, paths, alleys, storm drainage easements, or other public easements are rejected, the offer of dedication shall remain open and the City Council may by resolution at any later date, and without further action by the subdivider rescind its action and accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the Office of the County Recorder.

DD. Evidence of Title

When dedications are required or offered for the public use of any property shown on any final map or parcel map of land in the incorporated territory of the City, a title policy as defined by Insurance Code section 12340 shall be issued for the benefit and protection of the City. Such policy shall be dated and delivered to the City Engineer when the final map or parcel map is ready for recordation with the County Recorder.

EE. Conditions, Covenants and Restrictions

Conditions, covenants and restrictions (CC&R1s) shall be prepared for all subdivisions when required by the Planning Commission. The CC&R's shall include provisions for maintenance of all improvements and any recreational facilities, open space, common areas, and such, and shall be enforceable by the City. The fully executed CC&R’s shall be approved in final form by the City Planning Director and City Council prior to recordation of the final map or parcel map.

FF. Waiver of Direct Street Access

The Planning Commission may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map or parcel map as abutting thereon, prior to securing an encroachment permit from the City and if the dedications are accepted, any such waiver shall become effective.

GG. Effective Date of Dedication

Acceptance of offers of dedication on a final map or parcel map shall not be effective until the final map or parcel map is filed in the Office of the County Recorder or a resolution of acceptance of the dedication or offer of dedication by the City Council is filed in such office.

HH. Public Resources

The Planning Commission shall not approve a parcel map or final map of any proposed subdivision to be fronted on any perennial stream, river, lake, or other body of water, which does not provide reasonable public access by fee or easement from a public highway to that portion of the bank of water lying within or bordering the proposed subdivision.

Reasonable public access shall be determined by the Planning Commission. In making the determination of what shall be reasonable access, the Planning Commission shall consider the following:

(a) Access may be by highway, foot trail, bike trail, horse trail, or any other means of travel. (b) Size of the subdivision. (c) Types of stream, river, or lake bank and the various appropriate recreational, educational, and scientific uses, including but not limited to swimming, diving, boating, fishing, water skiing, scientific collection and study, aesthetics, and wildlife. (d) The likelihood of trespass on private property and reasonable means of avoiding such trespasses. The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use. Any public access route or routes and any easement along the bank of any water body provided by the subdivider shall be expressly designated on the map, and such map designation shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication.

II. Dedication For Utilities

The subdivider shall be required to offer for dedication easements and right-of-way for the furnishing and serving of utilities. It shall be the responsibility of the subdivider to obtain approval of serving utility companies as to location of any utility easements which are to be shown on the final map or parcel map and to obtain concurrence of the serving utility company in writing as to supplying utility services to individual parcels.

JJ. Dedication of Roads

1. All road improvements shall conform to all specifications as required by the Planning Commission and any City Council resolution.

2. Access, acceptable to the Planning Commission shall be provided to each and every lot being created.

3. Rights-of-way for road purposes shall be dedicated or offered for dedication as required by the Planning Commission.

4. If access to any parcel being created is by prescriptive easement, the subdivider shall submit evidence of right of use and the authority to use such prescriptive right for the use of future lot owners.

5. Rights-of-way within or through any parcel created shall be offered for dedication to the City. Such right-of­ way may not be accepted by the City until such time as the road is improved to City standards by the property owners served.

6. Written evidence of right of entry or permanent easements on or across private property not within the proposed subdivision shall be required as may be necessary to allow performance of the work necessary to improve the subdivision, to allow for the maintenance of the subdivision improvements once completed, to allow for permanent public access to the proposed subdivision, and to allow for and to grant necessary slope rights shall be sub­ mitted with the final map or parcel map.

KK. Reservations

The Planning Commission may require the reservation and/or dedication of real property within a subdivision for parks and recreational facilities, schools, fire stations, libraries, or other public uses. Any reservation, dedication or improvement shall be in compliance with this part and the Subdivision Map Act.

LL. Reservation Development

The Planning Commission shall specify at the time of approval of any tentative map or tentative parcel map when development of the park and recreational facilities, schools, fire stations, libraries or other public facilities shall commence.

A. Purposes

After a final map or parcel map is filed in the office of the County Recorder, it may be corrected by a certificate of correction or amended by an amending map:

(a) To correct an error in any course or distance shown thereon; (b) To show any course or distance that was omitted therefrom; (c) To correct an error in the description of the real property shown on the map; (d) To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or

(e) To show the proper locations of any monument which has been changed in location or originally shown at the wrong location. (f) To correct any other type of map error or omission as approved by the City Engineer which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identifications of adjacent record maps. Errors do not include changes in courses or distances from which an error is not ascertainable from the data shown on the final map.

B. Preparation

The amending map or certificate of correction shall be prepared and signed by a civil engineer or licensed land surveyor. An amending map shall conform to the requirements of this section. The amending map or certificate of correction shall set forth in detail, the corrections made and show the names of the present fee owners of the property affected by the correction or omission.

C. Certification of City Engineer

The City Engineer shall examine the amending map or certificate of correction and if the only changes made are those set forth in this section, he shall certify to this fact on the amending map or certificate of correction.

D. Recordation

The amending map or certificate of correction certified the City Engineer shall be filed for recordation with the County Recorder. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate tract designation shown on the amending map or certificate of correction in the general index and map index respectively.

Thereupon the original map shall be deemed to have been conclusively so corrected and thereafter shall impart constructive notice to all such corrections in the same manner as though set forth upon the original map.

A. Surveyor's Certificate

This subdivision map was prepared by or under direction (and was compiled from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on (date). I hereby state that this parcel map substantially conforms to the approved or conditionally approved tentative map, if any.

(Signed)_____________________________________

R.C.E. or L.S.#_____________________________________

B. City Engineer Certificate

This subdivision map conforms with the requirements of the Subdivision Map Act and local ordinance.

Dated:____________________________

Signed:_______________________________

City Engineer

C. City Tax Collector Certificate

I, ______, Tax Collector of the City of Loyalton, State of California, do hereby certify that there are no liens against the parcels as shown hereon, for unpaid state, county, municipal, or local taxes or special assessment not yet payable. Taxes or special assessments which are a lien but not yet payable are estimated to be in the amount of $.

(Signed) ________________________________

City of Loyalton Tax Collector

D. Planning Commission Certificate

This subdivision map has been examined this________ day of _________, 19, and has been found to be in compliance with the approved tentative parcel map and the conditions of approval thereof which were required by and approved by the City Planning Commission on the ___________day of ___________, 19.

(Signed)________________________________

Secretary, City Planning Commission

E. Owner's Certificate

(An owner's certificate, signed and acknowledged by all parties having any record title interest in the real property being subdivided, shall be required by certificate on the subdivision map or by letter, consenting to the preparation and recording of the subdivision map. With respect to a subdivision by parcel map where dedications or offers of dedications are not required, the certificate or letter shall be signed and acknowledged the subdivider only. An owner's certificate or letter shall bear the following format.)

I (we) hereby certify that I am (we are) the owners of land shown on this subdivision map and consent to preparation and recording of this map, and that we are the only persons whose consent is required to pass title to said lands.

The easements shown on this subdivision map to be created by recordation thereof are created with (our) consent and are hereby dedicated or declare these easements to be for public (or private) use as indicated. Easements for public utilities, roads and drainage facilities are hereby dedicated for public use.

---

Owner's Signature

F. County Recorder Certificate

Filed this ____________ day of __________, 19, at __________ m. in Book __________ of _____________, at page __________, at the request of _______________________.

Signed _________________________________

County Recorder

By__________________________________

Deputy Recorder

A. Same Requirements as for Parcel Maps

All certificates required for parcel maps shall be required for final maps. In addition, the following certificates and acknowledgements shall be required for the filing of a final map.

B. City Clerk's Certificate

I, _______________________, Clerk of the City of Loyalton, State of California, and Clerk of the City Council of the City of Loyalton hereby certify that the final map was approved by the City Council of Loyalton convened in a regular meeting upon the __________ day of ___________, 19, and the easements as shown on the subdivision map were accepted for the uses noted on the final map.

(Signed) __________________________________

Loyalton City Clerk

C. City Road Commissioner Certificate

The streets as shown on this subdivision map are hereby approved as to alignment, gradient, and drainage.

(Signed) _________________________________

Loyalton City Road Commissioner

D. City Health Officer Certificate

I, _____________________________, Health Officer of the City of Loyalton, State of California, do hereby certify that a proper and adequate sewage system, in conjunction with a proper and adequate water system are feasible for the lots shown on the final map.

(Signed) _________________________________

Loyalton City Health Officer

A. Parcel Map Waiver

The Planning Commission may waive the requirement for a parcel map which subdivides real property into parcels of forty (40) acres and greater. Any waiver shall be contingent upon the conformity of newly created parcels with the Sub­ division Map Act, City General Plan, specific plans, zoning, and the California Environmental Quality Act and City Guidelines implementing such.

B. Parcel Map Waiver Procedure

The subdivider or his authorized representative desiring a waiver of a parcel map, shall submit a written request for waiver and a tentative parcel map to the Planning Commission and such tentative parcel map shall contain all information required by this section and shall be processed in compliance with this section. In addition, the subdivider shall also provide to the Planning Commission sufficient information to allow the Planning Commission to prepare findings that the proposed subdivision complies with requirements as to lot area, improvement and design, flood and water drainage disposal facilities, water supply availability, environmental assessment and protection, and other requirements of the Subdivision Map Act, this chapter and any resolution of the City Council pertaining thereto.

C. Parcel Map Required

If any of the findings required by this section are negative or it is shown that a significant adverse environmental effect may occur, the Planning Commission shall require a submittal and review of a tentative parcel map and parcel map as required in section 12.04.030 B.

D. Parcel Map Waiver Certificate

A certificate evidencing compliance with the parcel map waiver procedure of this section shall be recorded with the County Recorder by the Secretary of the Planning Commission determination on the parcel map waiver request, setting forth the Planning Commission's findings with regard to the requirements as set forth by this section, and such parcel map shall not be deemed waived unless and until such waiver certificate is recorded with the County Recorder.

If a subdivision complies with this section and a parcel map is waived by the Planning Commission, a parcel map of the subdivision may nevertheless be recorded and approved by the City Engineer as to compliance with general and accepted land surveying procedures and requirements and the Secretary of the Planning Commission shall certify on the parcel map that a waiver of filing of a parcel map has been approved by the Planning Commission. The parcel map waiver certificate shall be in the following form:

Parcel Map Waiver Certificate A request for parcel map waiver, signed and acknowledged by all parties having any record title interest in the real property being subdivided, Assessor Parcel Number _, has been received by the Planning Commission and a tentative parcel map of such subdivision was approved or conditionally approved by the Planning Commission on the day of _________, 19. All findings required by the Subdivision Map Act and the Loyalton Municipal Code with regard to parcel map waiver have been made and the subdivider(s) has (have) complied with the waiver procedure of the 12.04.150

Loyalton Municipal Code. All conditions of approval of the approved tentative parcel map have been fulfilled and the requirement for filing a parcel map is hereby waived.

(Dated)_____________________

(Signed)_______________________________________

Secretary, Planning Commission

A. Persons Entitled to Appeal

The subdivider or any owner or occupant of real property within 500 feet of the proposed subdivision who is adversely affected by a final decision of the Planning Commission on a tentative parcel map or tentative map may appeal to the Council.

B. Procedure

1. An appeal shall be in writing, shall be filed by original with the Clerk of the Council and by copy with the Secretary of the Planning Commission within fifteen (15) days after the final decision, shall state the grounds of the appeal, and shall be ac­ companied the fee set by Council resolution.

2. The Council shall set the appeal for public hearing within thirty (30) days after filing of the appeal.

3. Within seven (7) days after the public hearing, the Council shall render its decision on the appeal. The subdivider and the Secretary of the Planning Commission shall be notified in writing of the decision of the Council. The Council may sustain, modify, or over-rule the decision of the Planning Commission.

C. Judicial Review

Any action or proceeding to attack, review, set aside, void, or annul the final decision of the Planning Commission or the Council concerning a subdivision, or any of the proceedings or determinations prior to the final decision, shall not be brought by any person unless such action or proceeding is commenced and service of summons is effected within 180 days after the date of such final decision. Thereafter any such action or proceeding shall be barred.

A. Violation

It is unlawful and punishable as a misdemeanor for any person to offer to sell or lease, to contract to sell or lease, to sell or lease, or to finance any parcel of real property or to commence construction of any building for sale, lease, or financing thereon, except for model homes, or to allow occupancy thereof, for which a parcel map or final map is required by this section, until such a map in full compliance with the provisions of this chapter has been recorded with the County Recorder.

B. Remedies

All legal, equitable, and summary remedies to which the City and any other aggrieved party are entitled by law shall be available to restrain, enjoin, or otherwise prohibit any violation of this chapter.

C. Compliance Required

The City of Loyalton shall not issue any permit or grant any approval necessary to develop any real property which has been subdivided or which has resulted from a subdivision in violation of the provisions of the Subdivision Map Act or the Loyalton Municipal Code if it finds that development of such real property is detrimental to the public health or the public safety.

D. Certificate of Compliance - Application

The owner of real property shall file an application for a certificate of compliance with the City Planning Director, and such application shall contain the following data and ac­ companying documents:

(a) A map legibly drawn, to an engineer's scale, with the scale shown on the map showing the subject property with dimensions and the gross and net area, and the following:

1. Location, width and names of all streets and roads adjacent to and providing access to the property.
2. The location and use of all structures on the property, with the distances from the structures to the parcel boundaries and distances between structures, and all existing utilities and easements.
3. The name, address, telephone number and sig­ nature of the current owner(s) of the property, and the name, address and telephone number of the person preparing the map, if different from the owner.
4. The current zoning on the property and the current assessor’s parcel number.

(b) A legible copy of the current owner's grant deed or contract of sale, or the recording data therefor.

(c) A map or the current assessor's parcel number, together with the current assessor's parcel numbers of all other property owned by the applicant that is contiguous to the subject real property.

(d) Documentation of recorded access to the subject property unless abutting a public street.

(e) A legal description for the subject property. to be typed on plain white paper, 8-1/2" by 11", with 1" margins at the top, sides and bottom. This legal description shall be reproducible so as to yield a legible copy that can be used as a part of a recorded Certificate of Compliance.

(f) The date and recording data of the deed, map or document whereby the property was first divided as indicated in the application.

(g) Appropriate fee prescribed by resolution of the City Council.

E. Certificate of Compliance – Processing

Upon receipt of a completed application, the City Planning Director shall review and distribute the application to the various county departments and agencies normally used to re­ view subdivision maps.

Within thirty (30) days after receipt of the completed application, the City Planning Director shall make a written finding as to whether or not the real property complies with the applicable provisions of the Subdivision Map Act and the Loyalton Municipal Code and submit it to the City Planning Director for review.

F. Certificate of Compliance – Issuance

A certificate of compliance may be issued where the subject property has been subdivided in compliance with the Subdivision Map Act, City ordinances, and any prior laws regulating the subdivision of real property if the subject property is not contiguous with any other properties in same ownership regardless of size or configuration; or

(a) The property is served by both a community water system and a community sewer system; or

(b) The property is shown on a parcel map, record of survey, or final map which has been approved by the Planning Commission and/or the City Council; or

(c) All the property or parcels have been separately developed with a building for which a permit has been issued; or

(d) Where all the property conforms to standards for minimum parcel size to permit use or development under the current zoning and subdivision ordinances and this chapter.

G. Compliance

If the City Planning Commission determines that the subdivided real property is in compliance with this chapter and the Subdivision Map Act and the Loyalton Municipal Code that were applicable at the time the property was divided, it by resolution shall cause a Certificate of Compliance in the form prescribed by the City Planning Commission to be filed for re­ cord with the County Recorder.

H. Conditional Compliance

If the Planning Commission determines, in conjunction with the concerned agencies and City Departments, that the property is not in compliance with the provisions of the Subdivision Map Act, this chapter, and the Loyalton Municipal Code that were applicable at the time the property was subdivided but that future development may be approved as being not contrary to the public health, welfare or safety, it by resolution shall cause a Conditional Certificate of Compliance, to be filed for record with the County Recorder.

I. Certificate of Compliance – Conditions

Conditions issued in conjunction with a certificate of compliance shall have the following effect:

(a) The conditions may be fulfilled and implemented by the owner who has applied for the Certificate of Compliance by a grantee or such owner, or by any subsequent transferee or assignee of the property; and

(b) In any case, no permit or other approval necessary to develop said real property shall be issued or granted until such conditions have been fulfilled and implanted, or unless the property is thereafter included as a part of a legal subdivision of said real property pursuant to applicable provision of the Subdivision Map Act, this chapter and any resolutions enacted pursuant thereto; and

(c) Upon fulfillment of the conditions, the owner shall notify the City Planning Director. If the conditions are satisfactorily completed, the City Planning Director shall then issue and record a final Certificate of Compliance.

J. Non-Compliance

If the City Planning Commission determines, in conjunction with the concerned agencies and City departments that the property is not in compliance with the provisions of the Subdivision Map Act, this chapter, and the Loyalton Municipal Code that were applicable at the time the property was sub­ divided, and that the development of the property could be contrary to the public health, welfare, or safety, it shall prepare a report of those normal conditions of the Subdivision Map Act and this chapter that should be required to ensure Subdivision Map Act, this chapter and the Loyalton Municipal Code and in the interest of the public health, welfare, and safety. The City Planning Commission shall provide a copy of said report to the applicant.

K. Notice of Violation

Whenever the City Planning Commission has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act and this Code, it shall cause to be filed for record with the Recorder of Sierra County, a notice of intention to record a notice of violation, describing the violation, and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a notice of violation, the City Planning Commission shall mail a copy of such notice to the owner of such real property. The notice shall specify a time, date, and place at which time the owner may present evidence to the City Planning Commission why such notice should not be recorded.

If, after the owner has presented evidence, it is determined that there has been no violation, the City Planning Commission shall record a release of the notice of intention to record a notice of violation to the County Recorder. If, however, after the owner has presented evidence, the City Planning Commission determines that the property has in fact been illegally divided, or if within sixty (60) days of receipt of such copy the owner of such real property fails to inform the City Planning Commission of his/her objection to recording the notice of violation, the City Planning Commission shall record the notice of violation with the County Recorder. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice for the violation to all successors in interest in such property. The City Planning Commission shall transmit a copy of the recorded notice of violation to the City Attorney. The County Recorder shall index the names of the owners in the general index.

City of Loyalton MUNICIPAL CODE