Chapter 2 — SUBDIVISIONS

This chapter is adopted to supplement and implement the Subdivision Map Act, Cal. Gov't Code § 66410, et seq., and may be cited as the subdivision ordinance of the city. ('61 Code, § 10-2.101) (Ord. 252 C.S., passed 8-3-81)

It is the purpose of this chapter to regulate and control the division of land within the city and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in securing the official approval of the Development Review Committee, Planning Commission, the Planning Department, and City Council regarding such maps. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety, and general welfare, to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land and to insure provision for adequate traffic circulation, utilities, and services.

('61 Code, § 10-2.102) (Ord. 252 C.S., passed 8-3-81)

(A) No land shall be subdivided and developed for any purpose which is not in conformity with the General Plan and any specific plan of the city or specifically authorized by the precise zoning ordinance of the city.

(B) The type and intensity of land use as shown on the General Plan shall determine the type of streets, roads, highways, utilities, and public services that shall be provided by the subdivider. ('61 Code, § 10-2.103) (Ord. 252 C.S., passed 8-3-81)

The regulations set forth in this chapter shall apply to all subdivisions or parts thereof within the city and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the city shall be made and each such map shall be prepared and presented for approval as hereafter provided for and required. ('61 Code, § 10-2.104)

Whenever, in the opinion of the Planning Commission, the land involved in any subdivision is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this chapter, the Planning Commission may make such modifications thereof as, in its opinion, are reasonably necessary or expedient and in conformity with the State Subdivision Map Act. In the case of

subdivisions of four or less units, this determination may be made by the Planning Director with the concurrence of the City Engineer.

('61 Code, § 10-2.105)

DEFINITIONS AND RESPONSIBILITIES

ADVISORY AGENCY. A designated official or an official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority to approve, conditionally approve, or disapprove maps.

BLOCK. The area of land within a subdivision which area is entirely bounded by streets, highways, or ways, except alleys, or the exterior boundary or boundaries of the subdivision.

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

CONVERSION. The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial, or commercial buildings thereon.

DESIGN. Street alignments, grades, and widths; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; and 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 adopted specific plan. (From the definition contained in the State Subdivision Map Act).

ENVIRONMENTAL IMPACT REPORT (EIR). A detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in § 22100 of the State Environmental Quality Act, and may mean either a draft or a final EIR.

FINAL MAP. A map showing a subdivision for which a tentative and final map is required by the Subdivisions Map Act or this chapter, prepared in accordance with the provisions of this chapter and the Subdivision Map Act designed to be recorded in the office of the County Recorder.

GENERAL PLAN. The General Plan of the city.

IMPROVEMENT.

(1) Such street work, storm drainage, utilities, and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination thereof, is necessary or convenient to insure conformity to, or implementation of, the general plan or any adopted specific plan.

and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination thereof, is necessary or convenient to insure conformity to, or implementation of, the general plan or any adopted specific plan.

(2) Improvements shall be constructed in accordance with the City Standard Specifications and Details and/or when applicable with standards as adopted by local utility companies and approved by the City Engineer. LOT. A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use.

LOT LINE ADJUSTMENT. A minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created.

MERGER. The joining of two or more contiguous parcels of land under one ownership into one parcel. MAP ACT. The Subdivision Map Act of the state.

PARCEL MAP. A map showing a division of land of four or less parcels as required by this ordinance, prepared in accordance with the provisions of this chapter and the Map Act.

PERIPHERAL STREET. An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.

REMAINDER. The portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development.

SUBDIVISION IMPROVEMENT STANDARDS. Standard details, standard specifications, and other standards approved by the City Engineer that shall govern the improvements to be constructed pursuant to this chapter and the Map Act.

SUBDIVIDER. A person, firm, corporation, partnership, or associate who purposes to divide, divides, or causes to be divided real property into a subdivision for himself or herself or for others; except that employees and consultants of such persons or entities, acting in such capacity, are not SUBDIVIDERS.

SUBDIVISION. The division, by any subdivider, of any unit or units of improved or unimproved contiguous land 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. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements, or railroad rights-of-way. SUBDIVISION includes a condominium project, as defined herein or in Cal. Civ. Code § 1350 or a community apartment project, as defined in Cal. Bus. & Prof. Code § 11004, or the conversion of five or more existing dwelling unit to a stock cooperative, as defined in Cal. Bus. & Prof. Code § 11003.2. 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.

Civ. Code § 1350 or a community apartment project, as defined in Cal. Bus. & Prof. Code § 11004, or the conversion of five or more existing dwelling unit to a stock cooperative, as defined in Cal. Bus. & Prof. Code § 11003.2. 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.

SUBDIVISION does not include:

(1) Buildings divided into apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks for the purpose of lease or financing;

(2) Land divided by mineral, oil, or gas leases; or

(3) Land dedicated for cemetery purposes under the Health and Safety Code of the state.

(4) A lot line adjustment between two or more 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 created.

TENTATIVE MAP. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.

VESTING TENTATIVE MAP. A tentative map for a subdivision as defined in Article 12, that has printed on its face the words "Vesting Tentative Map" at the time it is filed, and is thereafter processed in accordance with the provisions of this chapter and the Subdivision Map Act. When approved, a vesting tentative map confers a vested right to develop property after subdivision, subject to the provisions of this Article and Chapter 4.5 of the Subdivision Map Act. ZONING ORDINANCE. Title 10, of the City Municipal Code, or any ordinance enacted under zoning law.

('61 Code, § 10-2.201) (Ord. 252, passed 8-3-81; Am. Ord. 626 C.S., passed 10-5-94; Am. Ord. 651 C.S., passed 3-696)

The City Attorney shall be responsible for approving as to form all subdivision improvement agreements and subdivision improvement securities.

('61 Code, § 10-2.202.1) (Ord. 252 C.S., passed 8-3-81)

(A) The City Council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the city of such lands and/or improvements as may be proposed for dedication to the city for subdivisions of five or more parcels.

(B) The City Council shall act as the appeal board for hearing appeals of the approval, conditional approval, or denial of tentative subdivision maps for subdivisions of five or more parcels.

('61 Code, § 10-2.202.2) (Ord. 252 C.S., passed 8-3-81)

The City Engineer shall be responsible for:

• (A) Establishing design and construction details, standards, and specifications;

(B) Determining if proposed subdivision improvements comply with the provisions of this chapter and the Map Act and for reporting the findings together with any recommendations for approval, or conditional approval, of the tentative map to the Planning Director for subdivisions of five or more parcels.

(C) The processing and certification of final maps, reversion to acreage maps, and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers, and certificates of compliance.

• (D) The inspection and approval of subdivision improvements.

• (E) The acceptance of dedications and improvements for subdivisions of four or less parcels.

• (F) The acceptance of private improvements (improvements not to be maintained by the city).

(G) The approval, conditional approval, or denial of the tentative maps for subdivisions of four or less parcels. ('61 Code, § 10-2.202.3) (Ord. 252 C.S., passed 8-3-81)

The Planning Department shall be responsible for the processing of preliminary and tentative maps, final and parcel maps, and for the collection of all required deposits and fees.

('61 Code, § 10-2.202.4) (Ord. 252 C.S., passed 8-3-81)

The Development Review Committee shall be responsible for the review of preliminary maps (for subdivisions of five or more parcels or units) for general layout and aesthetics and making its recommendations for approval or conditional approval to the Planning Commission. The Development Review Committee shall also be responsible for approving, conditionally approving, or denying an application for tentative parcel map applications of four or fewer lots or units. The Development Review Committee shall consist of the following voting members, or their designated representatives;

• (A) Community Development Director/City Engineer;

• (B) Building Official;

• (C) Director of Public Works;

• (D) Fire Chief;

• (E) Parks and Community Services Director;

• (F) Planning Director;

• (G) Police Chief;

In addition, the Development Review Committees may invite a member from other City Developments or affected agencies to contribute to the review process.

('61 Code, § 10-2.202.5) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 661 C.S., passed 9-4-96)

The Planning Commission shall be responsible for approving, conditionally approving, or denying the application for tentative map approval of subdivisions of five or more units and reporting its action to the City Council; and hearing or appeals for subdivisions of four or less parcels.

('61 Code, § 10-2.202.6) (Ord. 252 C.S., passed 8-3-81)

MAPS REQUIRED

The necessity for preliminary, tentative, final, and parcel maps shall be governed by the provisions of this chapter. ('61 Code, § 10-2.301) (Ord. 252 C.S., passed 8-3-81)

(A) A preliminary, tentative, and final map shall be required for all divisions of land when determined by the Planning Director that such land may be divided into five or more parcels, five or more condominiums as defined in Cal. Civ. Code § 783, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

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

(3) The land consists of a parcel 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 governing body as to street alignments and widths, or

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

(B) A parcel map shall be required for these subdivisions described in subdivisions § 10-2.302(A)(1), (2), (3), and (4).

('61 Code, § 10-2.302) (Ord. 252 C.S., passed 8-3-81)

(A) A tentative map and parcel map shall be required for all divisions of lands which create four or less parcels except for:

(1) Divisions of land created by short-term leases (terminable by either party on not more than 30 days notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Cal. Pub. Util. Code §

230, provided, however, that upon a showing made to the City Engineer based upon substantial evidence that public policy necessitates such a map, this exception shall not apply.

• (2) Lot line adjustments, provided:

• (a) No additional parcels or building sites have been created,

• (b) The adjustment does not create the potential to further divide either of the two parcels into more parcels than would have been otherwise possible.

• (c) There are no resulting violations of the City Municipal Code.

• (3) When the parcel map is waived by the City Engineer.

(B) A plat map, in a form as required by the City Engineer, and a certificate of compliance in accordance with § 10-

2.104 shall be required for lot line adjustments, mergers, certificates of compliance, and parcel map waivers.

('61 Code, § 10-2.303) (Ord. 252 C.S., passed 8-3-81)

All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by the city's resolution establishing fees and charges, or as provided by this chapter.

('61 Code, § 10-2.304) (Ord. 252 C.S., passed 8-3-81)

Lot line adjustment between two or more 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 created, shall be processed pursuant to this section.

(A) Applications for a lot line adjustments shall be submitted to the Community Development Department and must include:

(1) A completed application form; the application shall contain any additional information necessary to explain the request.

• (2) The filing fee as established by resolution of the City Council;

(3) A copy of a current preliminary title report concerning the property; this requirement may be waived by the Community Development Director; and

(4) Eight copies of a lot line adjustment map. The lot line adjustment map must be a scaled drawing which clearly defines the existing parcels, the property line(s) to be adjusted and the new property line(s). The area of the newly created parcels shall be shown on the lot line adjustment map. The drawing must also show the location of all existing and proposed structures and improvements in relation to the lines to be adjusted. Any easements which would conflict with the proposed new lines must be noted. Specific dimensions will be necessary to determine that the adjustment will not affect setbacks, lot coverage, parking, minimum lot dimensions, or other requirements of the zoning code. (B) Applications will be distributed to various city departments and other agencies for review and comment in regard to compliance with applicable standards and regulations.

(C) A lot line adjustment shall not be approved or conditionally approved unless there is compliance with criteria relative to general plan consistency, parcel design, minimum lot area, environmental quality, and public health and safety criteria as specified in this title and other applicable county and state code provisions relating to real property divisions. These criteria will be considered satisfied if the resulting parcels maintain a position with respect to the criteria which is equal to, or better than, such position prior to approval or conditional approval of the lot line adjustment.

(D) If it is found that the proposed lot line adjustment conforms to all of the requirements of the Municipal Code, the Community Development Director shall within ten days of acceptance, approve, or conditionally approve the

application. Any action by the Community Development Department may be appealed to the Planning Commission in accordance with provisions of this title.

(E) If it is found that the proposed lot line adjustment would not conform to the zoning code, or that there are unusual circumstances which warrant further evaluation, the Community Development Director shall refer the application to the Development Review Committee. The Committee may approve, conditionally approve, or deny the application. Any action by the Development Review Committee may be appealed to the Planning Commission in accordance with provisions of this title.

he zoning code, or that there are unusual circumstances which warrant further evaluation, the Community Development Director shall refer the application to the Development Review Committee. The Committee may approve, conditionally approve, or deny the application. Any action by the Development Review Committee may be appealed to the Planning Commission in accordance with provisions of this title.

(F) Following action on the lot line adjustment, the applicant and property owner of an approved lot line adjustment are required to execute an acknowledgement and acceptance to the terms and conditions of the approval. Building permits for the project will not be issued until the agreement is signed by the applicable parties, and the lot line adjustment documentation and ownership change is filed with the County Recorder.

(G) Upon approval of the lot line adjustment, the applicant must submit the following information to the City Engineering Department for review and recording:

(1) Copies of existing deeds and a current preliminary title report for each affected parcel;

(2) New deeds for each affected parcel with an attachment consisting of an 8½ × 11-inch map reflecting the change; this map will be recorded by City Engineering with the new deeds;

(3) Proof of monumentation for all new property corners created by the Lot Line Adjustment and compliance with § 8762 (e) of the Land Surveyor's Act.

(4) A check made out to the county in the appropriate current amount necessary for recordation.

(H) Before recordation, the deeds will be reviewed for technical accuracy by the city and approved by a Certificate of Compliance consisting of a stamp on each deed original or on a separate document signed by the approving representative. Documents will be delivered to the County Recorder's Office by the city staff.

(I) Failure to complete the recording process within one year of the date of the Community Development Director's, Development Review Committee's, or Planning Commission's approval as applicable will render the approval null and void.

(Ord. 626 C.S., passed 10-5-94)

SUBDIVISION MAPS (FIVE OR MORE PARCELS)

The contents and form and submittal of preliminary maps shall be governed by the provisions of this subchapter. ('61 Code, § 10-2.401.1) (Ord. 252 C.S., passed 8-3-81)

Prior to the filing of an application for a tentative subdivision map for a subdivision of five or more parcels, the subdivider shall submit plans and data related to the design, layout, grading, existing noise levels, and other features proposed for the development as required by the department. The data obtained shall be submitted to the Development Review Committee for preliminary review and comment. Within 28 days after such submittal, the Development Review Committee shall advise the Planning Commission in writing of any comments it desires to make and any changes to the proposed plan it deems appropriate as a result of its preliminary review. Upon receipt of the Development Review Committee comments, grading, building design, landscaping, building layout, the subdivider shall cause to be prepared a tentative subdivision map pursuant to the provisions of this chapter. A preliminary map

and Development Review Committee review shall not apply to condominium conversions unless required by the Planning Director. The tentative subdivision map may be submitted to the Development Review Committee in lieu of a preliminary map. If such is submitted, the review time by the Development Review Committee shall not be considered as a part of the time limit specified by § 10-2.402.6 for Planning Commission action. ('61 Code, § 10-2.401.2) (Ord. 252 C.S., passed 8-3-81)

The form and contents, submittal, and approval of tentative subdivision maps shall be governed by the provisions of this section.

('61 Code, § 10-2.402.1) (Ord. 252 C.S., passed 8-3-81)

(A) The tentative map shall be prepared in a manner acceptable to the Planning Department and shall be prepared by a registered civil engineer.

• (B) The tentative map shall be clearly and legibly drawn on one sheet and contain not less than the following:

• (1) A title which shall contain the subdivision number, subdivision name, and type of subdivision.

• (2) Name and address of legal owner, subdivider, and person preparing the map (including registration number).

• (3) Sufficient legal description to define the boundary of the proposed subdivision.

• (4) Date, north arrow, scale, and contour interval.

• (5) Existing and proposed land use.

• (6) A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community.

• (7) Existing topography of the proposed site and at least 100 feet beyond its boundary, including but not limited

to:

(a) Existing contours at two feet intervals if the existing ground slope is less than 10% and at not less than five foot intervals for existing ground slopes equal to or greater than 10%. Contour intervals shall not be spread more than 150 feet apart. Existing contours shall be represented by dashed lines or by screened lines.

• (b) Type and circumference of existing trees. Any tree proposed to be removed shall be so indicated.

(c) The approximate location and outline of existing structures identified by type. Buildings to be removed shall be so marked.

(d) The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each watercourse.

• (e) The location, pavement, and right-of-way width, grade, and name of existing streets or highways.

• (f) The widths, location, and identity of all existing easements.

(g) The location and size of existing sanitary sewers, water mains, and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets.

• (h) The approximate location of the 60, 65, and 70 CNEL (Community NOISE Equivalent Level) contours, if any.

• (8) Proposed improvements to be shown shall include but not be limited to:

(a) The location, grade, centerline radius, and arc length of curves, pavement, and right- of-way width and name of all streets. Typical sections of all streets shall be shown.

• (b) The location and radius of all curb returns and cul-de-sacs.

• (c) The location, width, and purpose of all easements.

• (d) The angle of intersecting streets if such angle deviates from a right angle by more than four degrees.

(e) The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale, and the number of each lot.

(f) Proposed contours at two-foot intervals shall be shown if the existing ground slope is less than 10% and not at less than five-foot intervals for existing ground slopes greater than or equal to 10%. A separate grading plan may be submitted.

• (g) Proposed recreation sites, trails, and parks for private or public use.

• (h) Proposed common areas and areas to be dedicated to public open space.

• (i) The location and size of sanitary sewers, water mains, and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated.

• (9) The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map.

• (10) The source and date of existing contours.

• (11) All lettering size shall be -inch minimum.

(12) Certificates for execution by the Secretary of the Planning Commission indicating the approval of the tentative map and the date thereof by the Planning Commission, and a certificate by the City Clerk indicating the approval by the City Council if the map was reviewed by the City Council.

• (13) If the subdivider plans to develop the site as shown on the tentative map in units, then the subdivider shall show the proposed units and their proposed sequence of construction on the tentative map.

(14) The Planning Department may waive any of the foregoing tentative map requirements whenever it finds that the type of subdivision is such as not to necessitate compliance with these requirements, or that other circumstances justify such waiver. The Planning Department may require other such drawings, data, or other information as deemed necessary.

('61 Code, § 10-2.402.2) (Ord. 252 C.S., passed 8-3-81)

• (A) The tentative map shall be accompanied by the following data or reports:

(1) Soils report. The City Engineer may require a preliminary soils report. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems, which, if not corrected, would lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision.

(2) Title report. A preliminary title report, showing the legal owners at the time of filing the tentative map.

(3) Environmental impact study. The various time limits set forth in this chapter for taking action on tentative maps shall not be deemed to commence until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed and considered in accordance with the provisions of the State Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

• (4) Utility certification. Certification in writing from all utilities that the proposed subdivision can be adequately served. The City Engineer may defer the required certifications until after the filing of the tentative map.

• (5) Other reports. Any other data or reports deemed necessary by the Planning Department.

• (B) Paragraphs § 10-2.402.3(A)(1) and (4) shall not apply to condominium conversions.

('61 Code, § 10-2.402.3) (Ord. 252 C.S., passed 8-3-81)

(A) The tentative map shall be considered for filing only when such map conforms to § 10-2.402.2 and when all accompanying data or reports, as required by § 10-2.402.3, have been submitted and accepted by the Planning Department.

(B) The subdivider shall file with the Planning Department the number of tentative maps the Director may deem necessary.

('61 Code, § 10-2.402.4) (Ord. 252 C.S., passed 8-3-81)

(A) The Department shall forward copies of the tentative map to the affected public agencies which may, in turn, forward to the Planning Department their findings and recommendations thereon.

(B) Within ten days of the filing of a tentative map, the Planning Department shall send a notice of the filing of the tentative map to the Unified School District. Such notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the Unified School District. The Unified School District may review the notice and may send a written report thereon to the agency required by law to approve such tentative map. The report shall indicate the impact of the proposed subdivision on the school district and shall make such recommendations as the district deems appropriate. In the event the school district fails to respond within a 20-day period from receipt of notice of the tentative map, such failure shall be deemed approval of the proposed subdivision by the school district. The Planning Commission shall consider the report from the school district in approving or conditionally approving the tentative map.

(C) Upon completion of review by the Planning Department and prior to the date the tentative map is scheduled for Planning Commission action, the Planning Department may hold a subdivision conference on its own initiative. A subdivision conference shall be held if requested by the subdivider. Advance written notice of the subdivision conference shall be given to the subdivider or his or her agent and to all affected agencies. The results of the subdivision conference shall be reported to the Planning Commission. A copy of the report shall be served to the subdivider at least three days prior to any hearing or action on such map by the Planning Commission.

(D) Any requests for exceptions to the various conditions to be considered by the Planning Commission shall be filed, in writing, with the Planning Director not later than the first working day following the subdivision conference. ('61 Code, § 10-2.402.5) (Ord. 252 C.S., passed 8-3-81)

(A) Upon completion of any subdivision conference and receipt of any recommendations of other departments and agencies, the Community Development Director shall set the tentative subdivision map for public hearing. Review and public notice procedures for the application shall be in accordance with § 10-3.4.0105 of this title. The hearing shall be held pursuant to the rules of conduct established by the Planning Commission.

(B) In addition, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, notice shall also be given as required by Cal. Gov't Code §§ 66452.8, 66452.9, and 66452.51.

(C) The Planning Commission shall approve, conditionally approve, or deny the tentative subdivision and shall report its decision to the City Council and the subdivider within 50 days after the tentative map application has been accepted as complete for processing. Notwithstanding any provision to the contrary, this time period shall commence after the certification of the environmental impact report or adoption of a negative declaration, or a determination that the project is categorically exempt.

('61 Code, § 10-2.402.6.1) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 618 C.S., passed 3-16-94)

(A) In approving or conditionally approving the tentative subdivision map, the Planning Commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable general or specific plans adopted by the city.

(B) The Planning Commission may modify or delete any of the conditions of approval recommended in the Planning Department's report, except conditions required by city ordinance or by the City Engineer, related to public health and safety or standards approved by the City Engineer, or add additional requirements as a condition of approval.

(C) If no action is taken by the Planning Commission within the time limit as specified, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the State Subdivision Map Act, this chapter or other city ordinance, and it shall be the duty of the City Clerk to certify the approval. ('61 Code, § 10-2.402.6.2) (Ord. 232 C.S., passed 8-3-81)

(A) The tentative subdivision map may be denied by the Planning Commission on any of the grounds provided by city ordinances or the State Subdivision Map Act.

• (B) The Planning Commission shall deny approval of the tentative map if it makes any of the following findings:

• (1) The proposed map is not consistent with applicable general and specific plans.

• (2) The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

• (3) The site is not physically suitable for the type of development.

• (4) The site is not physically suitable for the proposed density of development.

• (5) 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.

• (6) The design of the subdivision or the type of improvements is likely to cause serious public health problems.

(7) 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 governing body may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to a legislative body to determine that the public at large has acquired easements for access through, or use of, property within the proposed subdivision.

('61 Code, § 10-2.402.6.3) (Ord. 252 C.S., passed 8-3-81)

The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission or the City Council.

('61 Code, § 10-2.402.6.4) (Ord. 252 C.S., passed 8-3-81)

If the subdivider disagrees with any action by the Planning Commission with respect to the tentative subdivision map, the subdivider may, within 15 days of such decision, file an appeal with the City Clerk. The Council shall consider the appeal within 30 days or at its first regular meeting subsequent to such appeal, unless the subdivider consents to a continuance. This appeal shall be a public hearing after notice has been given pursuant to § 10-2.402.6.1. In addition, notice shall be given to the subdivider and the Planning Commission and upon conclusion of the public hearing, the Council shall, within ten days, declare its findings. The Council may sustain, modify, reject, or overrule any recommendations or rulings of the Planning Commission and may make such findings as are not inconsistent with the provisions of this chapter or the State Subdivision Map Act.

('61 Code, § 10-2.402.7.1) (Ord. 252 C.S., passed 8-3-81)

Any interested person adversely affected by a decision of the Planning Commission may file a complaint with the City Council concerning such decision. Any such complaint shall be filed with the City Clerk within 15 days after the action which is the subject of the complaint. No complaint shall be considered after the 15-day period. The City Council may, at its discretion, reject the complaint within 15 days or set the matter for hearing. If the City Council rejects the complaint, the complainant shall be notified of such action. If the matter is set for hearing, a public hearing shall be held within 30 days after filing of the complaint pursuant to the procedures contained in § 10-2.402.7.1 with additional notice being given to the affected interested persons.

('61 Code, § 10-2.402.7.2) (Ord. 252 C.S., passed 8-3-81)

Any interested person may appeal any decision of the Planning Commission relative to conformity to the General Plan or any specific plan of the City Council. Such appeal and hearing thereon shall be in accordance with § 102.402.7.1 of this chapter, with additional notice to be given to the appellant. ('61 Code, § 10-2.402.7.3) (Ord. 252 C.S., passed 8-3-81)

Any tenant of the property being subdivided in the course of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project may appeal from any action of the Planning Commission pursuant to Cal. Gov't Code § 66452.5. ('61 Code, § 10-2.402.7.4)

(A) The approval or conditional approval of a tentative subdivision map shall expire 24 months from the date of the adoption of the resolution by the Planning Commission approving or conditionally approving the map. An extension to the expiration date may be approved as provided in § 10-2.402.8.2(B).

(B) The period of time specified above shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the City Council. Within ten days of the service of the initial petition or complaint upon the city, the subdivider shall, in writing, to the Planning Director, request a stay in the time period of the tentative map. Within 40 days after receiving such request, the City Council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the City Council shall, within ten days, declare its findings.

(C) Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map.

('61 Code, § 10-2.402.8.1) (Ord. 252 C.S., passed 8-3-81)

(A) Request by subdivider. The subdivider or his or her engineer may request an extension of the expiration date of the approved or conditionally approved tentative subdivision map by written application to the Planning Department. The application shall be filed not less than 15 days before the map is to expire and shall state the reasons for requesting the extension.

(B) Planning Commission action. The Planning Director shall review the request and submit the application for the extension, together with a report, to the Planning Commission for approval, conditional approval, or denial. A copy of the Planning Director's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving or conditionally approving an extension shall specify the new expiration date of the tentative subdivision map.

(C) Time limit of extension. An approved extension shall not exceed the period authorized under the state law as set forth in the Subdivision Map Act and shall only be approved for a period beyond the date of the resolution adopted by the Planning Commission approving, or conditionally approving, the tentative subdivision map.

(D) Conditions of approval. As a condition of the extension of a tentative subdivision map, the Planning

Commission may impose new conditions or revise existing conditions on the approved tentative map as recommended by the Planning Department in its report, or as it may find necessary.

(E) Appeal of conditions of extension. The subdivider may appeal any action of the Planning Commission on the extension to the City Council within 15 days of such action in conformance to § 10-2.402.7.1 of this chapter.

(F) Fee. The fee for processing an extension shall be at actual cost. A deposit to be applied toward this fee may be required.

('61 Code, § 10-2.402.8.2) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 546 C.S., passed 4-3-90)

(A) Minor changes in the tentative map may be approved by the Planning Department, upon application by the subdivider or on its own initiative, provided:

• (1) No lots, units, or building sites are added.

• (2) Such changes are consistent with the intent and spirit of the original tentative map approval.

• (3) There are no resulting violations of the City Municipal Code.

(B) Any revision shall be approved by the Planning Director and the City Engineer. The amendment shall be indicated on the approved map and certified by the Planning Director and the City Engineer.

(C) Amendments of the tentative map other than minor shall be presented to the Planning Commission for approval. Processing shall be in accordance with §§ 10-1.402.5 and 10-1.402.6.

(D) Any approved amendment shall not alter the expiration date of the tentative map.

('61 Code, § 10-2.402.9) (Ord. 252 C.S., passed 8-3-81)

(A) The form, contents, accompanying data, and filing of the final map shall conform to the provisions of this subchapter.

(B) The final map shall be prepared by, or under the direction of, a registered civil engineer or licensed land surveyor.

('61 Code, § 10-2.403.1) (Ord. 252 C.S., passed 8-3-81)

(A) An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed[1] /10,000 for field closures and[1] /20,000 for calculated closures.

(B) At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Cal. Bus. & Prof. Code § 8771 so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the City Engineer.

('61 Code, § 10-2.403.2) (Ord. 252 C.S., passed 8-3-81)

(A) The form of the final map shall conform to the Subdivision Map Act and as provided herein.

(B) The final map 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 base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(C) The size of each sheet shall be 18 × 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 not less than one inch equals 100 feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet will be included.

(D) All printing or lettering on the map shall be of -inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.

(E) The final form of the final map shall be as approved by the City Engineer.

('61 Code, § 10-2.403.3) (Ord. 252 C.S., passed 8-3-81)

The contents of the final map shall conform to the Subdivision Map Act and as provided herein.

(A) Boundary. The boundary of the subdivision shall be designated by a heavy black line in such a manner as not to obliterate figures or other data.

(B) Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "in the City of Madera."

(C) Certificates. The following certificates shall appear only once on the cover sheet:

(1) Owner's certificate. A certificate, signed and acknowledged by all parties having record title interest in the land subdivided, excepting those parties having rights-of-way, easements, or other interests which cannot ripen into a fee, or exceptions provided by the Subdivision Map Act and consenting to the preparation and recordation of the map and offering for dedication to the public certain specific parcels of land.

(2) Engineer's certificate.

(a) A certificate by the engineer or surveyor responsible for the survey and final map shall appear on the map. The certificate shall give the date of the survey, state that the survey and final map were made by, or under the direction of, the engineer or surveyor, and that the survey is true and complete as shown.

(b) The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

(c) The certificate shall state that the map complies to the Subdivision Map Act and the provisions of this chapter.

(3) City Engineer's certificate. A certificate by the City Engineer stating that the map has been examined and that it is in accord with the tentative map and any approved alterations thereof, complies with the Subdivision Map Act of the state and the provisions of this chapter, and is technically correct.

(4) Planning Commission certificate. A certificate by the secretary of the Planning Commission stating that the tentative map was approved by resolution of the Planning Commission. The date and number of the resolution shall appear in the certificate.

(5) City Clerk's certificate. A certificate for execution by the City Clerk stating the date and number of the resolution adopted by the City Council approving the final map and stating that the City Council accepted, accepted subject to improvement, or rejected on behalf of the public any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

(6) Certificate of soils and geologic report. When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, such fact shall be noted on the final map.

(7) County Recorder's certificate.

(a) A certificate to be executed by the County Recorder stating that: the map has been accepted for filing; and the map has been examined and it complies with the provisions of state laws and local ordinances governing the filing of final maps.

(b) The certificate shall show who requested the filing of the map, the time and date the map was filed, and the book and page where the map was filed.

(8) County Clerk's certificate. A certificate to be executed by the County Clerk stating that all taxes due have been paid or that a tax bond assuring the payment of all taxes which are a lien but not yet payable has been filed with the county.

(D) Scale, north point and basis of bearings. There must appear on each map sheet the scale, the north point, and the basis of bearings based on Zone III of the State Coordinates, and the equation of the bearing to true north. The

basis of bearings shall be approved by the City Engineer.

(E) Linear, angular, and radial data. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, and of the boundary lines on every lot and parcel which is a part thereof. Length, radius, and total central angle or radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

(F) Monuments. The location and description of all existing and proposed monuments shall be shown. Standard city monuments shall be set at (or from offsets as approved by the City Engineer) the following locations:

• (1) The intersection of street centerlines.

• (2) Beginning and end of curves in centerlines.

• (3) At other locations as may be required by the City Engineer.

(G) Lot numbers. Lot numbers shall begin with the number one in each subdivision and shall continue

consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final map, unless approved by the City Engineer.

(H) Adjoining properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map showing such subdivision; and if no such subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book page number for the last recorded owner of such adjacent property.

• (I) City boundaries. City boundaries which cross or join the subdivision shall be clearly designated.

(J) Street names. The names of all streets, alleys, or highways within, or adjoining, the subdivision shall be shown.

• (K) Easements.

(1) Easements for roads or streets, paths, storm water drainage, sanitary sewers, or other public use as may be required, shall be dedicated to the public for acceptance by the city or other public agency, and the use shall be specified on the map. If at the time the final map is approved, any streets, paths, alleys, or storm drainage easements are not accepted by the City Council, the offer of dedication shall remain open and the City Council may, by resolution at any later date, 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.

(2) All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, for example, recorder's serial number and date, or book and page of official records.

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

(4) The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths, and bearings of record. The width and location of all easements shall be approved by the City Engineer. ('61 Code, § 10-2.403.4) (Ord. 252 C.S., passed 8-3-81)

The subdivider shall submit four sets of prints of the final map to the City Engineer for checking. The preliminary prints shall be accompanied by two copies of the following data, plans, reports, and documents in a form as approved by the City Engineer.

• (A) Improvement plans. Improvement plans as required by § 10-2.706 of this chapter.

• (B) Title report. A title report showing the legal owners at the time of submittal of the final map.

(C) Improvement bond estimate. The improvement bond estimate shall include all improvements within public rights-of-way, easements, or common areas and utility trench backfill as provided by the developer, except for those utility facilities installed by a utility company under the jurisdiction of the State Public Utilities Commission.

(D) Deeds for easements or rights-of-way. Deed for easements or rights of way required for road or drainage purposes which have not been dedicated on the final map. Written evidence acceptable to the city in the form or rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.

• (E) Traverse closures.

• (1) Traverse closures for the boundary blocks, lots, easements, street centerlines, and monument lines.

• (2) The error of field closures in the traverse around the subdivision and around the interior lots or blocks shall not exceed[1] /20,000.

• (F) Hydrology and hydraulic calculations. Complete hydrology and hydraulic calculations of all storm drains.

(G) Organization documents. The submittal of the final map or parcel map shall include the proposed Declaration of Covenants, Conditions, and Restrictions, and all other organizational documents for the subdivision in a form as prescribed by Cal. Civ. Code § 1355. All documents shall be subject to review by the City Engineer and City Attorney.

(H) Any additional data, reports, or information as required by the City Engineer. ('61 Code, § 10-2.403.5.1) (Ord. 252 C.S., passed 8-3-81)

Upon completing the preliminary check, the City Engineer shall note the required corrections on the preliminary prints, reports, and data and return one set to the subdivider's engineer for revision. ('61 Code, § 10-2.403.5.2) (Ord. 252 C.S., passed 8-3-81)

The subdivider's engineer shall submit two sets of the revised map, reports, and data to the City Engineer. After checking the revisions, one set shall be returned to the subdivider's engineer marked approved as submitted, approved when corrected as noted, or revise and resubmit.

('61 Code, § 10-2.403.5.3) (252 C.S., passed 8-3-81)

Upon receipt of an approved print, the subdivider shall submit to the City Engineer the original tracing of the revised map, prepared in accordance with the Subdivision Map Act and this chapter, corrected to its final form, and signed by all parties required by the Map Act and this chapter to execute certificates on the map. Upon receipt of the map in its final form and completion of all of the conditions of the approval of the tentative map, including, but not necessarily limited to, installation of all public improvements, both within and outside of the subdivision, payment of all inspection fees and other fees required in connection with the improvement of the subdivision, the submission of a required warranty bond or security and any other conditions of approval of the tentative map, the City Engineer shall sign the final map and transmit the original to the City Clerk for formal approval by the City Council and acceptance by the City of all offers of dedication set forth on the final map. If all other conditions of approval of the tentative map have been fulfilled except the installation of public improvements required by the tentative map, upon receipt by the City Engineer of the corrected map in its final form and signed by all parties required to execute the same as

hereinabove set forth, and receipt by the City Engineer of an executed improvement agreement together with final approved plans and specifications for all public improvements, both within and outside of the subdivision, improvement securities as required by law, insurance certificates, and any and all other commitments required of the subdivider under the agreement, the Engineer shall sign the map and transmit the map, together with the executed agreement and appropriate documentation necessary in connection therewith, to the City Clerk. ('61 Code, § 10-2.403.5.4) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 546 C.S., passed 4-3-90)

The City Council shall consider the final map for approval within ten days after filing with the City Clerk, or at its next regular meeting, at which time it receives the map, whichever is later. If all of the conditions of the tentative map approval, including, but not necessarily limited to, completion of all improvements, both within and outside of the subdivision, have been completed, the final map shall be approved and the City Clerk authorized and directed to certify on the map that the Council has accepted or rejected any offers of dedication, absolutely or conditionally, and authorize the same to be recorded. If all of the conditions of the tentative map have not been fulfilled but the subdivider has executed an agreement with the city providing for completion of the terms and conditions and has provided improvement securities, evidence of insurance and all other requirements in connection therewith, the Council shall consider and approve the subdivision improvement agreement and the final map and shall instruct the Mayor to execute the agreement on behalf of the City and authorize the Clerk to certify the final action of the City Council on the offers of dedication set forth on the final map. Acceptance of offers of dedications on the map shall not be effective until the acceptance by the city of all improvements to be installed within the subdivision as required by the conditional approval of the tentative map. If the subdivision improvement agreement and/or final map are unacceptable, the Council shall make its recommended corrections, instruct the City Engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map has been resubmitted.

('61 Code, § 10-2.403.5.5) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 546 C.S., passed 4-3-90)

The City Council shall deny the approval of a final map if it finds that the final map is not in substantial compliance with the previously approved tentative map.

('61 Code, § 10-2.403.5.6) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 546 C.S., passed 4-3-90)

Upon approval of the final map by the City Council and receipt of the improvement security by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map, or have an authorized agent forward the map, to the Clerk of the County Board of Supervisors for transmittal to the County Recorder.

('61 Code, § 10-2.403.5.7) (Ord. 252 C.S., passed 8-3-81)

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map; provided, however, that the subdivider, at the time the tentative map is filed, informs the Planning Director of the subdivider's intention to file multiple final maps on the tentative map. In providing such notice the subdivider shall not be required to define the number or configuration of the proposed multiple maps.

However, the Planning Commission shall approve the sequence of map approvals. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part or unit, of the approved tentative map shall have a separate subdivision number. The subdivision improvement agreement to be executed by the subdivider shall provide for the construction of such improvements as may be required to constitute a logical and orderly development of the whole subdivision by units. ('61 Code, § 10-2.403.5.8) (Ord. 252 C.S., passed 8-3-81)

SUBDIVISION MAPS (FOUR OR LESS PARCELS)

The form and contents, submittal, and approval of tentative parcel maps shall conform to the provisions of this section. The tentative parcel map shall be prepared by a registered civil engineer or licensed land surveyor. ('61 Code, § 10-2.501.1) (Ord. 252 C.S., passed 8-3-81)

The tentative map shall be clearly and legibly drawn on one sheet. The scale shall be as approved by the City Engineer and all lettering shall be -inch minimum in height. The final form shall be as approved by the City Engineer. ('61 Code, § 10-2.501.2) (Ord. 252 C.S., passed 8-3-81)

• (A) The tentative map shall show the following information:

• (1) Name and address of legal owner, subdivider, and the person preparing the map (including registration number).

• (2) Assessor's parcel number.

• (3) Date prepared, north arrow, scale, and contour interval.

• (4) Existing and proposed land use.

• (5) Title.

• (6) A vicinity map, sufficient to show the relation to the local community.

• (7) Existing topography of the site extending at least 100 feet from its boundary, including but not limited to:

• (a) Existing contours at two-foot intervals, if the existing ground slope is less than 10% and not less than five-

foot intervals for existing ground slopes greater than or equal to 10%. Existing contours shall be represented by screened or dashed lines.

• (b) Type and circumference of all trees. Any trees proposed to be removed shall be so indicated.

• (c) The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked.

• (d) The location, width, and direction of flow of each watercourse.

• (e) The location, pavement, and right-of-way width, and grade and name of existing streets or highways.

• (f) Location and type of street improvements.

• (g) The location, size, and slope of existing storm drains and the location of existing overhead utility lines on peripheral streets.

• (h) The location, width, and identity of existing easements.

• (8) Any improvements proposed by the owner shall be shown.

• (9) If the site is to be graded, proposed contours shall be shown or on an approved grading plan shall be submitted.

• (10) The proposed lot layout and lot areas.

• (11) Proposed easements or rights-of-way.

• (12) The source and date of existing contours.

• (13) A preliminary report of title showing the current vested owner.

• (14) A soils and/or engineering geology report may be required by the City Engineer.

(B) The City Engineer may waive any of the foregoing requirements upon finding that the location or nature of the proposed minor subdivision is such as not to necessitate compliance with these requirements; or may require additional information as deemed necessary.

('61 Code, § 10-2.501.3) (Ord. 252 C.S., passed 8-3-81)

Any person making a division of land for which a parcel map is required shall, in accordance with the provisions of this subchapter, file three prints of the tentative parcel map, together with any deposits toward plan checking and review fees as may be required, to the Planning Department.

('61 Code, § 10-2.501.4) (Ord. 252. C.S., passed 8-3-81)

(A) The tentative parcel map shall be reviewed by the Planning Department for compliance to all applicable city ordinances and the State Subdivision Map Act. Upon completion of the review and upon receipt of a valid application for the tentative parcel map, the Planning Department shall set the matter for public hearing. At least ten calendar days before the public hearing, the Planning Department shall cause notice to be given of the time, date, and place of the hearing including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved.

(B) The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city.

(C) In addition to notice by publication, the city shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed change.

(D) In the event that the proposed change has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, the city shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll.

(E) In addition, notice shall be given by first class mail to any person who has filed a written request with the Secretary of the Planning Commission. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

(F) Substantial compliance with these provisions therewith to notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this subchapter.

(G) The Planning Director, at his or her discretion, may require that the public hearing be held by the Planning Commission when the proposed development arouses extraordinary public concern. The hearing and action shall be in accordance with § 10-402.6 of this chapter.

('61 Code, § 10-2.501.5) (Ord. 252 C.S., passed 8-3-81)

Upon completion of the public hearing, the Development Review Committee shall approve, conditionally approve, or deny the tentative parcel map. If the map is approved, it shall be signed and dated by the Planning Director and City Engineer or their authorized representative. A letter of the action taken, along with any conditions imposed, shall be sent to the subdivider and engineer. If the subdivision is denied, the subdivider or the engineer shall be so notified in writing with a statement for the reasons of denial. The Planning Department may refer the tentative parcel map to the Planning Commission for its consideration.

('61 Code, § 10-2.501.6) (Ord. 252 C.S., passed 8-3-81)

(A) In approving or conditionally approving the tentative parcel map, the Development Review Committee or authorized representative shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable general or specific plans adopted by the city.

(B) The tentative parcel map may be denied for any reason provided by city ordinances, resolutions, or the State Subdivision Map Act. The Planning Director shall deny approval of the tentative parcel map if he or she makes any of the findings contained in § 10-2.402.6.3.

('61 Code, § 10-2.501.7) (Ord. 252 C.S., passed 8-3-81)

(A) In approving the tentative parcel map, the City Engineer may impose as conditions of filing a parcel map any or all but not limited to the following requirements:

• (1) Frontage improvements.

• (2) On-site improvements.

• (3) Off-site improvements.

• (4) Dedications.

• (5) Applicable fees.

• (6) A soils and/or engineering geology report.

(B) These requirements shall be in accordance with the provisions of this chapter. The subdivider or the engineer shall be notified in writing of all conditions imposed.

('61 Code, § 10-2.501.8) (Ord. 252 C.S., passed 8-3-81)

If the subdivider disagrees with any action by the Development Review Committee with respect to the tentative map, the subdivider may, within 15 days of the receipt of such decision, appeal such action to the Planning Commission in accordance with § 10-2.501.9.2.

('61 Code, § 10-2.501.9.1) (Ord. 252 C.S., passed 8-3-81)

(A) Any interested person adversely affected by a decision of the Development Review Committee with respect to the tentative parcel map, may, within 15 days of such decision, file an appeal with the Secretary of the Planning

Commission. The Planning Commission shall consider the appeal within 30 days. This appeal shall be a public hearing with notice being given pursuant to § 10-2.402.6.1 and with additional notices to be given to the subdivider and to the affected interested persons. Upon conclusion of the public hearing the Planning Commission may sustain, modify, reject, or overrule any recommendations or rulings of the Community Development Department and may make such findings as are not inconsistent with the provisions of this chapter or the State Subdivision Map Act.

(B) Any interested person adversely affected by a decision of the Planning Commission with respect to the tentative parcel map may file an appeal with the City Council concerning such decision. The procedure contained in § 10.2.402.7.2 shall apply.

('61 Code, § 10-2.501.9.2) (Ord. 252 C.S., passed 8-3-81)

(A) The approval or conditional approval of the tentative parcel map shall expire 24 months from the date of its approval.

(B) The period of time specified shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the City Council. Within ten days of the service of the initial petition or complaint upon the city, the subdivider shall, in writing, to the Planning Director, request a stay in the time period of the tentative map. Within 40 days after receiving such request, the City Council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the City Council shall, within ten days, declare its findings.

(C) The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings and no parcel map of all or any portion of the real property included within such tentative parcel map shall be filed without first processing a new tentative parcel map.

('61 Code, § 10-2.501.10.1) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 652 C.S., passed 3-6-96)

(A) Request by subdivider. The subdivider or his or her engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Planning Division. The application shall be filed not less than 30 days prior to the expiration date and shall state the reasons for requesting the extension.

(B) Planning Division action. The Planning Division shall review the request for extension for approval, conditional approval, or denial. Not more than three extensions shall be approved for a tentative map and the period of extension shall not exceed 12 months. The extension of time shall commence with the expiration date of the approved or conditionally approved tentative map. The approved new expiration date shall not extend more than 3 years beyond the date of initial approval by the Development Review Committee.

(C) Conditions of approval of the extension shall be in accordance with the provisions of this section.

(D) If the Planning Division denies a subdivider's application for extension, the subdivider may appeal to the City Council within 15 days after the Planning Division has denied the extension. Appeals shall be in accordance with § 10-2.402.8.1 of this chapter.

('61 Code, § 10-2.501.10.2) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 652 C.S., passed 3-6-96)

• (A) Amendments to the tentative map or conditions of approval thereof may be approved by the Planning Department, upon application by the subdivider or on its own initiative; provided:

• (1) No lots, units, or building sites are added.

• (2) Such changes are consistent with the intent of the original tentative map approval.

• (3) There are no resulting violations of the City Municipal Code.

• (B) Any revision shall be approved by the City Engineer or authorized representative. The revision shall be denoted

on the approved tentative map and/or in writing to the subdivider, whichever is appropriate.

• (C) Any amendment shall not affect the expiration date of the approved tentative map.

• (D) The Planning Director or City Engineer or their authorized representative may require a new tentative parcel

map application in lieu of the above procedure when, in their opinion, requested changes are substantial enough to warrant refiling and reprocessing.

• ('61 Code, § 10-2.501.11) (Ord. 252 C.S., passed 8-3-81)

The form and contents, submittal, approval, and filing of parcel maps shall conform to the provisions of this section and the State Subdivision Map Act.

('61 Code, § 10-2.502.1) (Ord. 252 C.S., passed 8-3-81)

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed[1] /10,000 for field closures and[1] /20,000 for calculated closures.

('61 Code, § 10-2.502.2) (Ord. 252 C.S., passed 8-3-81)

The form of the parcel map shall conform to final map form requirements as specified by § 10-2.403 of this chapter. ('61 Code, § 10-2.502.3) (Ord. 252 C.S., passed 8-3-81)

(A) The contents of the parcel map shall conform to final map content requirements as specified by § 10-2.403 of this chapter, and as modified herein.

• (B) Certificates shall be in accordance with Cal. Gov't Code § 66449.

(C) The Planning Commission certificates will not be required unless the tentative parcel map was referred to the Planning Commission for its consideration. The City Clerk's certificate will not be required.

(D) Lots shall be designated by letters commencing with an "A."

('61 Code, § 10-2.502.4) (Ord. 252 C.S., passed 8-3-81)

(A) The subdivider shall submit three sets of prints of the parcel map to the City Engineer for checking. The preliminary prints shall be accompanied by two copies of the date, plans, reports and documents as required for final maps by § 10-2.403, "Preliminary Submittal," and as modified herein.

(B) The City Engineer may waive any of the requirements upon finding that the location and nature of the proposed subdivision is such as not to necessitate compliance with the requirements of § 10-2.403.

(C) Any additional information or documents required shall be as specified with the conditions of approval of the tentative map.

('61 Code, § 10-2.502.5) (Ord. 252 C.S., passed 8-3-81)

Upon completing preliminary check, the City Engineer shall note the required corrections on the preliminary prints, reports, and data and return one set to the subdivider's engineer for revision.

('61 Code, § 10-2.502.6) (Ord. 252 C.S., passed 8-3-81)

The subdivider's engineer shall submit two sets of the revised map, reports, and data to the City Engineer. After checking the revisions, one set shall be returned to the subdivider's engineer marked, "Approved as Submitted," "Approved When Corrected as Noted," or "Revise and Resubmit."

('61 Code, § 10-2.502.7) (Ord. 252 C.S., passed 8-3-81)

Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised map, prepared in accordance with the Subdivision Map Act and this chapter and corrected to its final form, and signed by all parties required by the Map Act and this chapter to execute the certificates on the map, to the City Engineer. ('61 Code, § 10-2.502.8) (Ord. 252 C.S., passed 8-3-81)

The City Clerk or authorized agent shall transmit the approved parcel map directly to the County Recorder. ('61 Code, § 10-2.502.9) (Ord. 252 C.S., passed 8-3-81)

(A) The City Engineer may waive the parcel map for the following:

(1) Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or

(2) A division of property resulting from the conveyance of land, or interest therein, to a public agency for a public purpose, such as school sites, public building sites, or rights-of-way for streets, sewers, utilities, drainage, and the like; or

(3) The City Engineer may waive the parcel map upon making a finding that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter, local ordinance, and the Subdivision Map Act.

(B) Upon waiving the parcel map requirement, the City Engineer shall cause to be filed with the County Recorder a "Certificate of Compliance" for the land to be divided.

(C) A parcel map waived by the City Engineer may be conditioned to provide for payment of parkland, drainage, and other fees by a method approved by the City Engineer.

('61 Code, § 10-2.502.10) (Ord. 252 C.S., passed 8-3-81)

CONDOMINIUM CONVERSION

(A) To establish criteria for the conversion of the existing multiple family rental housing to condominiums, community apartments, stock cooperatives, and any other subdivision which is a conversion of existing rental housing. (B) To reduce the impact of such conversions on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums by providing for procedures for notification and adequate time and assistance for such relocation.

(C) To assure that purchasers of converted housing have been properly informed as to the physical conditions of the structure which is offered for purchase.

(D) To insure that converted housing achieves a high degree of appearance, quality, and safety and is consistent with the goals of the city.

(E) Attempt to provide a reasonable balance of ownership and rental housing in the city and a variety of choices of tenure, type, price, and location of housing.

(F) Attempt to maintain a supply of rental housing for low and moderate income persons.

('61 Code, § 10-2.601) (Ord. 252 C.S., passed 8-3-81)

In addition to the requirements and procedures as set forth by subchapters on Maps Required, Subdivision Maps for Five or More Parcels, Subdivision Maps for Four or Less Parcels, and Condominium Conversion of this chapter, conversions of existing multiple family rental housing to condominiums, community apartments, stock cooperatives, and any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements provided by this subchapter.

('61 Code, § 10-2.602.1) (Ord. 252 C.S., passed 8-3-81)

A report on the physical elements of all structures and facilities shall be submitted with the tentative subdivision or parcel map. The report shall include, but not be limited to, the following:

(A) Structural condition.

(1) A report detailing the structural condition of all elements of the property including foundations, electrical, plumbing, utilities, walls, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities, and appliances.

(2) Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built; the condition of each element; when the element was replaced; the approximate date upon which the element will require replacement; the cost of replacing the element; and any variation of the physical

condition of the element from the current zoning and from the City Housing Code and City Building Code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.

(B) A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure.

(C) A report on any known soil and geological conditions regarding soil deposits, rock formations, faults, groundwater, and landslides in the vicinity of the project and a statement regarding any known evidence of soils problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report.

(D) A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance and safety.

('61 Code, § 10-2.602.2) (Ord. 252 C.S., passed 8-3-81)

(A) A declaration of covenants, conditions, and restrictions which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to, the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance, description of a provision for maintenance of all vehicular access areas within the project; and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit.

(B) Demographic characteristics.

(1) Specific information concerning the demographic characteristics of the project, including but not limited to the following:

• (a) Square footage and number of rooms in each unit;

• (b) Rental rate history for each type of unit for previous five years;

• (c) Monthly vacancy rate for each month during preceding two years;

• (d) Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether receiving federal or state rent subsidies;

• (e) Proposed sale price of units;

• (f) Proposed homeowners' association fee;

• (g) Financing available; and

• (h) Names and addresses of all tenants.

• (2) When the subdivider can demonstrate that such information is not available, this requirement may be modified by the Planning Department.

(C) Signed copies from each tenant of notice of intent to convert, as specified in § 10-2.604.1. The subdivider shall submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted.

(D) Any other information which, in the opinion of the Planning Department, will assist in determining whether the proposed project will be consistent with the purposes of this subchapter.

('61 Code, § 10-2.602.3) (Ord. 252 C.S., passed 8-3-81)

The final form of the physical elements report and other documents shall be as approved by the city. The reports in their acceptable form shall remain on file with the Planning Department for review by any interested persons. The

report shall be referenced in the subdivision report to the Planning Commission. ('61 Code, § 10-2.602.4) (Ord. 252 C.S., passed 8-3-81)

The subdivider shall provide each purchaser with a copy of all reports (in their final, acceptable form), except the information required by §§ 10-2.602.3(B) and (C), prior to the purchaser executing any purchase agreement or other contract to purchase a unit in the project, and the developer shall give the purchaser sufficient time to review the reports. Copies of the reports shall be made available at all times at the sales office and shall be posted at various locations, as approved by the city, at the project site.

('61 Code, § 10-2.602.5) (Ord. 252 C.S., passed 8-3-81)

Prior to tentative map approval, the Planning Commission shall hold a public hearing. Notice of the hearing shall be given to tenants of the proposed conversion and posted on the property. ('61 Code, § 10-2.602.6) (Ord. 252 C.S., passed 8-3-81)

• (A) Prior to the close of escrow, the subdivider shall submit the following information to the Planning Department:

• (1) Name, address, and phone number of homeowners association;

• (2) Actual sale price of units;

• (3) Actual homeowner's association fee;

• (4) Number of prior tenants who purchased units;

• (5) Number of units purchased with intent to be used as rentals.

• (B) The provisions of § 10-2.602.7 will expire October 7, 1982 unless reenacted by the City Council.

('61 Code, § 10-2.602.7) (Ord. 252 C.S., passed 8-3-81)

(A) To achieve the purpose of this subchapter, the Planning Commission shall require that all condominium conversions conform to the City Municipal Code in effect at the time of tentative map approval except as otherwise provided in this subchapter.

(B) All provisions of the Municipal Code must be met and violations corrected prior to the approval of the final map or, upon approval of the Planning Department, funds shall be adequately escrowed or bonded to assure completion of such corrective work, prior to the closing of escrow of any unit in the project. ('61 Code, § 10-2.603.1) (Ord. 252 C.S., passed 8-3-81)

The Planning Commission shall require conformance with the standards of this section in approving the map.

(A) Building regulations. The project shall conform to the applicable standards of the Uniform Building Code in effect on the date that the last building permit was issued for the subject structure or structures except as herein provided.

(B) Fire prevention.

(1) Smoke detectors. Each living unit shall be provided with approved detectors of products of combustion other than heat, conforming to the latest U.B.C. standards, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.

(2) Maintenance of fire protection systems. All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be retained in an operable condition at all times.

(C) Sound transmission.

(1) Shock mounting of mechanical equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined to be a source of structural vibration or structure-borne

noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Chief of Code Enforcement.

(2) Noise standards. The structure shall conform to all exterior and exterior sound transmission standards of Chapter 35 (Appendix) of the Uniform Building Code. In such cases where present standards cannot reasonably be met, the Planning Commission may require the applicant to notify potential buyers of the noise deficiency currently existing within these units.

(D) Utility metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for equitable sharing of communal water metering shall be developed prior to final map approval and included in the covenants, conditions, and restrictions. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the Planning Commission.

(E) Private storage space. Each unit shall have at least 200 cubic feet of enclosed weather-proofed and lockable private storage space in addition to guest, linen, pantry, and clothes closets customarily provided. Such space may be provided in any location approved by the Planning Department, but shall not be divided into two or more locations. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the Planning Commission.

(F) Laundry facilities. A laundry area shall be provided on each unit; or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the Planning Commission.

(G) Landscape maintenance. All landscaping shall be restored as necessary and maintained to achieve a high degree of appearance and quality.

(H) Condition of equipment and appliances. The developer shall provide written certification to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided are in operable working condition as of the close of escrow. At such time as the homeowners' association takes over management of the development, the developer shall provide written certification to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition.

(I) Refurbishing and restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the Planning Department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality, and safety. ('61 Code, § 10-2.603.2) (Ord. 252 C.S., passed 8-3-81)

A notice of intent to convert shall be delivered to each tenant. Evidence of receipt by each tenant shall be submitted with the tentative map. The form of the notice shall be as developed and approved by the Planning Department and will inform the tenants of all rights provided under this subchapter. ('61 Code, § 10-2.604.1) (Ord. 252 C.S., passed 8-3-81)

As provided in Cal. Gov't Code § 66427.1(b), any present tenant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least 60 days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later.

('61 Code, § 10-2.604.2) (Ord. 252 C.S., passed 8-3-81)

Each non-purchasing tenant not in default under the obligations of the rental agreement or lease under which he or she occupies his or her unit, shall have not less than 120 days from the approval date of the final subdivision map to find substitute housing and relocate. The subdivider shall notify each tenant immediately prior to the time of final map approval of the anticipated date required to vacate the unit and when the 120-day period will begin. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. ('61 Code, § 10-2.604.3) (Ord. 252 C.S., passed 8-3-81)

The Planning Commission shall not approve an application for conversion unless the Planning Commission finds that:

• (A) All provisions of this subchapter are met;

• (B) The proposed conversion is consistent with the City General Plan;

(C) The proposed conversion will conform to the City Municipal Code in effect at the time of tentative map approval except as otherwise provided in this subchapter;

(D) The overall design and physical condition of the condominium conversion achieves a high degree of appearance, quality, and safety;

(E) The proposed project will not convert during the current calendar year more than 5% of the potentially convertible rental units in the city for the current calendar year except as otherwise provided in this subchapter. ('61 Code, § 10-2.605) (Ord. 252 C.S., passed 8-3-81)

SUBDIVISION IMPROVEMENTS

(A) The subdivider shall construct all required improvements both on- and off-site according to approved standards.

(B) No final map shall be presented to the Council or parcel map to the City Engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the city agreeing to do such work.

('61 Code, § 10-2.701) (Ord. 252 C.S., passed 8-3-81)

(A) All improvements as may be required as conditions of approval of the tentative map or city ordinance, together with but not limited to the following, shall be required of all subdivisions.

(B) Requirements for construction of on-site and off-site improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map, or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.

('61 Code, § 10-2.702.1) (Ord. 252 C.S., passed 8-3-81)

Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development; off-site storm drain improvements may be required to satisfy this requirement. ('61 Code, § 10-2.702.2) (Ord. 252 C.S., passed 8-3-81)

Each unit or lot within the subdivision shall be served by an approved sanitary sewer system. ('61 Code, § 10-2.702.3) (Ord. 252 C.S., passed 8-3-81)

Each unit or lot within the subdivision shall be served by an approved domestic water system. ('61 Code, § 10-2.702.4) (Ord. 252 C.S., passed 8-3-81)

Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone, and cablevision facilities. All utilities within the subdivision and along peripheral streets shall be placed underground except those facilities exempted by the Public Utilities Commission regulations. Cablevision facilities shall be installed in accordance with plans approved by the City Engineer.

(A) The subdivider may request that the undergrounding requirement along existing perimeter streets be waived by the Planning Commission. Undergrounding requirements may be waived or modified by the Planning Commission only upon making the following findings:

(1) The subdivision is located adjacent to existing subdivision/development where existing utilities have not been placed underground;

(2) The exemption will be allowed since undergrounding is impractical due to the locational characteristics or physical constraints;

(3) Existing residential subdivisions immediately adjacent to the proposed project are absent similar improvements; or,

(4) Consideration of an incentive is desired based on a proposal to provided residential units for lower income households.

(B) Exceptions to the underground installation requirement for existing utilities along existing perimeter streets may be granted by the Planning Commission under the following circumstances:

(1) Exemptions may be granted for in-fill subdivisions which do not have any street or residential access to the perimeter street where underground installation of existing utilities would be required, where dedications and improvements would match the adjacent street pattern, and where street improvements would not require the relocation of the utilities;

(2) Exemptions may be granted for in-fill subdivisions which are designed with street access to the perimeter street where undergrounding existing utilities would be required, where dedications and improvements would match the adjacent pattern, and when the number of new poles required to be installed with the underground installation would exceed the number of poles eliminated; or,

(3) Exemptions may be granted for in-fill subdivisions for lower income households on two acres or less which can qualify for an Environmental Quality Act exemption, which have no public financial assistance, and for which a legal commitment can be made to ensure the availability of the units for 15 years.

(C) "In-fill" subdivisions for the purpose of this code shall be defined as having existing urban development immediately adjacent on at least two sides.

(D) Installation of conduit to assist in a later underground project, or requiring a cash deposit with the city equivalent to the cost of such installation to assist in placing the existing utilities underground at a later date, may be required by the Planning Commission as a condition to granting an exemption.

(E) In-fill subdivisions which are designed to front on and allow direct residential access to the perimeter street shall place existing utilities underground in all cases.

(F) In-fill subdivisions which require a greater street width in terms of dedication and improvement than the adjacent residential developments shall place existing utilities underground in all cases.

(G) The placement of existing utility lines along the perimeter streets of a new subdivision underground shall be considered a part of the reimbursable street and public utility improvements for the subdivision. The reimbursement provisions of § 10-3.4.0109 of the Municipal Code shall apply to completing this portion of a subdivision's required street improvements..

('61 Code, § 10-2.702.5) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 659 C.S., passed 7-3-96)

All subdivisions shall have adequate street lighting as per city standards. ('61 Code, § 10-2.702.6) (Ord. 252 C.S., passed 8-3-81)

All streets shall have full curb and gutter construction. ('61 Code, § 10-2.702.7) (Ord. 252 C.S., passed 8-3-81)

Sidewalks shall be constructed in all subdivisions as directed by the City Engineer. ('61 Code, § 10-2.702.8) (Ord. 252 C.S., passed 8-3-81)

(A) The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the city for the installation of all frontage improvements at such time in the future as required by the city. The agreement shall provide:

(1) Construction of the improvements shall commence within 90 days of the receipt of the notice to proceed from the city.

(2) That in event of default by the owner, his or her successors, or assigns, the city is authorized to cause the construction to be done and charge the entire cost and expense to the owner, his or her successors, or assigns, including interest from the date of notice of the cost and expense until paid.

(3) That this agreement shall be recorded in the office of the Recorder of the County at the expense of the owner and shall constitute notice to all successors and assigns of the title to the real property of the obligation herein set forth, and also a lien in such amount as will fully reimburse the city, including interest as hereinabove set forth, subject to foreclosure in event of default in payment.

(4) That in event of litigation occasioned by any default of the owner, his or her successors, or assigns, the owner, his or her successors, or assigns agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against the real property.

(5) That the term OWNER shall include not only the present owner but also his or her heirs, successors, executors, administrators, and assigns, it being the intent of the parties hereto that the obligations herein undertaken shall run with the property and constitute a lien there against.

(B) The agreement shall not relieve the owner from any other requirements specified herein. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable subchapters of the Municipal Code in effect at the time of construction.

('61 Code, § 10-2.703.1) (Ord. 252 C.S., passed 8-3-81)

Where remainders are made part of a final or parcel map, the city may enter into an agreement with the subdivider to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel. The improvements shall be at the developer's expense. In the absence of such an agreement, the city may require fulfillment of such construction requirements within a reasonable time following approval of the map, upon a finding that fulfillment of the construction requirements is necessary for reasons of:

(A) The public health and safety, or

(B) The required construction is a necessary prerequisite to the orderly development of the surrounding area. ('61 Code, § 10-2.703.2) (Ord. 252 C.S., passed 8-3-81)

The design and layout of all required improvements both on- and off-site, private and public, shall conform to generally acceptable engineering standards and to such standards as approved by the City Engineer. ('61 Code, § 10-2.704.1) (Ord. 252 C.S., passed 8-3-81)

(A) The design of a subdivision for which a tentative map is required, pursuant to the subchapter on Maps Required of this chapter, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

(B) Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

(C) Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

(D) In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in increasing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

(E) The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

(F) For the purposes of this section, FEASIBLE means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. ('61 Code, § 10-2.704.2) (Ord. 252 C.S., passed 8-3-81)

(A) The subdivision shall abut upon, or have an approved access to, a public street.

(B) Each unit or lot within the subdivision shall have an approved access to a public or private street.

(C) Street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision.

(D) Reserve strips, or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the city when required.

('61 Code, § 10-2.705) (Ord. 252 C.S., passed 8-3-81)

(A) Improvement plans shall be prepared under the direction of and signed by a Registered Civil Engineer licensed by the state.

(B) Improvement plans shall include but not be limited to grading, storm drains, landscaping, streets, water and sewer mains, and related facilities.

('61 Code, § 10-2.706.1) (Ord. 252 C.S., passed 8-3-81)

(A) Plans, profiles, and details shall be legibly drawn, printed, or reproduced on 24 × 36-inch sheets. A border shall be made on each sheet providing ½-inch at top, bottom, and right side and 1½- inches on the left side.

(B) A suitable title block 7½ × 3¾-inches shall be placed in the lower right corner or along the right edge and provide adequate surface for approval by the City Engineer and for approval of plan revision.

(C) Plan and profiles shall be drawn to the scale of one inch = 40 feet or larger unless approved by the City Engineer. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.

• (D) A vicinity map shall be shown on the first sheet of all sets of plans.

• (E) A north arrow shall be shown on each sheet when applicable.

• (F) Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the City Engineer.

• (G) All lettering shall be -inch minimum.

(H) If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index, and vicinity map shall be included.

(I) The form of all plans shall conform to such additional requirements as may be established by the City Engineer. The final form of all plans shall be as approved by the City Engineer.

('61 Code, § 10-2.706.2) (Ord. 252 C.S., passed 8-3-81)

The improvement plans shall show complete plans, profiles, and details for all required improvements to be constructed, both public and private (including common areas).

('61 Code, § 10-2.706.3) (Ord. 252 C.S., passed 8-3-81)

Hydrology, hydraulic plans and calculations, bond estimates, and any structural calculations as may be required, shall be submitted with the improvement plans to the City Engineer. All calculations shall be legible, systematic, and signed and dated by a Registered Civil Engineer licensed by the state and in a form as approved by the City Engineer. ('61 Code, § 10-2.706.4) (Ord. 252 C.S., passed 8-3-81)

The subdivider shall submit two sets of improvement plans and two copies of all computations to the City Engineer for review. Upon completion of the City Engineer's review, one set of the preliminary plans, with the required revisions indicated thereon, will be returned to the subdivider's engineer.

('61 Code, § 10-2.706.5) (Ord. 252 C.S., passed 8-3-81)

(A) After completing all required revisions, the subdivider's engineer shall transmit the originals of the improvement plans to the City Engineer for his or her signature, plus four sets of prints and one set of sepia reproducibles.

(B) Upon finding that all required revisions have been made and that the plans conform to all applicable city ordinances, design review requirements, and conditions of approval of the tentative map, the City Engineer shall sign and date the plans. The sepias will be returned to the subdivider signed by the City Engineer.

(C) Approval of the improvement plans shall not be construed as approval of the sanitary sewer or water construction plans.

(D) Approval by the City Engineer shall in no way relieve the subdivider or his or her engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design thereof or from any required conditions of approval for the tentative map.

('61 Code, § 10-2.706.6) (Ord. 252 C.S., passed 8-3-81)

Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or his or her appointee and shall be accompanied by two sets of revised drawings showing the proposed revision. If the revision is acceptable, the originals previously held by the City Engineer shall be returned to the subdivider for revision, then resubmitted to the City Engineer with two sets of prints for record purposes. Construction of any proposed revision will not be permitted to commence until revised plans have been received and forwarded to the City's Engineering Inspection Division. ('61 Code, § 10-2.706.7.1) (Ord. 252 C.S., passed 8-3-81)

(A) When revisions are deemed necessary by the City Engineer to protect public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and his or her engineer. The subdivider's engineer shall obtain and revise the original plans and resubmit them to the City Engineer for initialing within such time as specified by the City Engineer. Originals shall be accompanied by two sets of revised prints. Construction of all or any portion of the improvements may be stopped by the City Engineer until revised drawings have been submitted and approved.

(B) The subdivider may appeal revisions required by the City Engineer to the City Council by filing a notice with the City Clerk within two working days following receipt of the request to revise the plans. ('61 Code, § 10-2.706.7.2) (Ord. 252 C.S., passed 8-3-81)

Costs incurred by the city for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted with the revised prints; such deposit shall be applied toward the actual costs.

('61 Code, § 10-2.706.7.3) (Ord. 252 C.S., passed 8-3-81)

The agreement shall be prepared and signed by the City Engineer and approved as to form by the City Attorney. The agreement shall provide for:

• (A) Construction of all improvements per the approved plans and specifications.

• (B) Completion of improvements within the time specified by § 10-2.711.

• (C) Right by city to modify plans and specifications.

• (D) Warranty by subdivider that construction will not adversely affect any portion of adjacent properties.

• (E) Payment of inspection fees in accordance with the city's resolution establishing fees and charges.

• (F) Payment of drainage and other utility fees.

• (G) Any other deposits, fees, or conditions as required by city ordinance or resolution and as may be required by the City Engineer.

• (H) Improvement security as required by this subchapter.

• (I) Maintenance and repair of any defects or failures and causes thereof.

(J) Release of the city from all liability incurred by the agreement and payment of all reasonable attorney's fees that the city may incur because of any legal action arising from the agreement.

('61 Code, § 10-2.707) (Ord. 252 C.S., passed 8-3-81)

(A) Any improvement agreement, contract, or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in accordance with Cal. Gov't Code § 66499 and as provided herein.

(B) No final map or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this section have been received and approved.

('61 Code, § 10-2.708.1) (Ord. 252 C.S., passed 8-3-81)

(A) The form of security shall be one or the combination of the following at the option and subject to the approval of the city:

• (1) Bond or bonds by one or more duly authorized corporate sureties.

• (2) A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the

city, or money or negotiable bonds of the kind approved for securing deposits of public monies.

(3) An instrument of credit or a set aside letter from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

(B) The provisions of the bond or bonds shall be in accordance with § 66499.1 and 66499.2 of the State Subdivision Map Act.

('61 Code, § 10-2.708.2) (Ord. 252 C.S., passed 8-3-81)

(A) A performance bond or security in the amount of 100% of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of 50% of the estimated construction cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements.

(B) If a set aside letter is used as security, an additional 20% of the estimated construction cost will be required in addition to the 150% as stated above.

• (C) The estimate of improvement costs shall be as approved by the City Engineer and shall provide for:

• (1) 10% of the total construction cost for contingencies.

• (2) Increase for projected inflation computed to the estimated midpoint of construction.

• (3) All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to insure installation.

• (4) In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney's fees, incurred in enforcing the obligation secured.

('61 Code, § 10-2.708.3) (Ord. 252 C.S., passed 8-3-81)

The developer shall deposit with the city not less than $1,000 cash for subdivisions of four or less parcels, and $3,000 for other subdivisions, or such additional amount as required by the City Engineer, not to exceed 1% of the construction cost. The deposit may be used at the discretion of the city to correct deficiencies and conditions caused by the subdivider or his or her contractor that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the developer at the time all bonds are released. ('61 Code, § 10-2.708.4) (Ord. 252 C.S., passed 8-3-81)

Upon acceptance of the subdivision improvements by the City Council, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be not less than 10% of the cost of the construction of the improvements and shall be retained for the one-year warranty period.

('61 Code, § 10-2.708.5) (Ord. 252 C.S., passed 8-3-81)

The City Engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than 50% of the total improvement security given for faithful performance. The amount of reduction of the security shall be as determined by the City Engineer; however, in no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below the required to guarantee the completion of the improvements and any other obligation imposed by this chapter, the Subdivision Map Act, or the improvement agreement. ('61 Code, § 10-2.708.6) (Ord. 252 C.S., passed 8-3-81)

The performance security shall be released only upon acceptance of the improvements by the city and when an approved warranty security has been filed with the City Engineer. ('61 Code, § 10-2.708.7.1) (Ord. 252 C.S., passed 8-3-81)

Security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment may, six months after the completion and acceptance of the improvements by the City Council, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the City Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

('61 Code, § 10-2.708.7.2) (Ord. 252 C.S., passed 8-3-81)

The warranty security shall be released upon satisfactory completion of the warranty period provided:

(A) All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected.

(B) Not less than 12 months have elapsed since the acceptance of the improvements by the City Council. ('61 Code, § 10-2.708.7.3) (Ord. 252 C.S., passed 8-3-81)

(A) The construction methods and materials for all improvements shall conform to the city's adopted standards. The general provisions of the City's Standard Specifications shall apply to the developer where applicable.

(B) Construction shall not commence until required improvement plans have been approved by the City Engineer. ('61 Code, § 10-2.709) (Ord. 252 C.S., passed 8-3-81)

All improvements are subject to inspection by the City Engineer or authorized personnel in accordance with the City's Standard Specifications.

('61 Code, § 10-2.710.1) (Ord. 252 C.S., passed 8-3-81)

Prior to commencing any construction, the developer shall notify the Code Enforcement Department 48 hours in advance of scheduled start-up.

('61 Code, § 10-2.710.2) (Ord. 252 C.S., passed 8-3-81)

(A) Upon completion of the subdivision improvements, the developer shall apply in writing to the City Engineer for a preliminary final inspection.

(B) A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items are excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the City Engineer or authorized representative.

(C) When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the developer for correction.

(D) Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall certify in writing that all corrections have been completed satisfactorily and request a final inspection. Forty-eight hours advance notice will be required for the City Engineer to schedule a final inspection.

(E) Upon finding that all items on the deficiency list have been corrected and as-built improvement plans have been received, the subdivision shall be placed on the Council Agenda for acceptance.

(F) The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered. ('61 Code, § 10-2.710.3) (Ord. 252 C.S., passed 8-3-81)

(A) The subdivision improvements shall be completed by the developer within 18 months, or such time as approved by the City Engineer, not to exceed a period of 24 months, from the recording of the final map, unless an extension is granted by the City Council.

(B) Should the subdivider fail to complete the improvements within the specified time, the city may, by resolution of Council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs therefor. ('61 Code, § 10-2.711.1) (Ord. 252 C.S., passed 8-3-81)

(A) Completion of improvements will not be required until such time as a permit or other grant approval for the development of any parcel within the subdivision is applied for. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision.

(B) The completion of the improvements may be required by a specified date by the city when the completion of such improvements are found to be necessary for public health or safety or for the orderly development of the surrounding area. This finding shall be made by the City Engineer or authorized representative. Such specified date, when required, shall be stated in the Subdivision Improvement Agreement.

('61 Code, § 10-2.711.2) (Ord. 252 C.S., passed 8-3-81)

(A) The completion date may be extended by the City Council for subdivision of five or more parcels, and by the City Engineer for subdivision of four or less parcels, upon written request by the developer and the submittal of adequate evidence to justify the extension. The request shall be made not less than 30 days prior to expiration of the Subdivision Improvement Agreement.

(B) The subdivider shall enter into a Subdivision Improvement Agreement Extension with the city. For subdivisions of five or more parcels the agreement shall be prepared and signed by the City Engineer, approved as to form by the City Attorney, executed by the subdivider and transmitted to the City Council for their consideration. If approved by the City Council, the Mayor shall execute the agreement on behalf of the city.

(C) In consideration of a Subdivision improvement Extension Agreement, the following may be required:

(1) Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;

(2) Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;

(3) Increase of improvement securities in accordance with revised construction estimates;

(4) Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.

(D) The City Council may impose additional requirements as recommended by the City Engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements.

(E) The costs incurred by the city in processing the agreement shall be borne by the developer at actual cost. ('61 Code, § 10-2.711.3) (Ord. 252 C.S., passed 8-3-81)

(A) When all improvement deficiencies have been corrected and as-built improvement plans filed, the subdivision improvements shall be considered by the city for acceptance. Subdivisions of five or more parcels must be accepted by the City Council. The City Engineer or authorized representative shall be responsible for the acceptance of subdivisions of four or less parcels.

(B) Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

('61 Code, 10-2.712.1) (Ord. 252 C.S., passed 8-3-81)

If the subdivision has been accepted by the city, the City Clerk shall cause to be filed with the County Recorder a notice of completion.

('61 Code, § 10-2.712.2) (Ord. 252 C.S., passed 8-3-81)

(A) When requested by the subdivider in writing, the city may consider acceptance of a portion of the improvements as recommended by the City Engineer. The improvements will be accepted by the city only if it finds that it is in the public interest and such improvements are for the use of the general public.

(B) Acceptance of a portion of the improvements shall not relieve the developer from any other requirements imposed by this subchapter.

('61 Code, § 10-2.712.3) (Ord. 252 C.S., passed 8-3-81)

REVERSION TO ACREAGE

Subdivided property may be reverted to acreage pursuant to provisions of this subchapter and the State Subdivision Map Act. This subchapter shall apply to final maps and parcel maps.

('61 Code, § 10-2.801) (Ord. 252 C.S., passed 8-3-81)

Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the City Engineer. The petition shall contain the information required by § 10-2.403 and such other information as required by the City Engineer. ('61 Code, § 10-2.802.1) (Ord. 252 C.S., passed 8-3-81)

The City Council, at the request of any person, or on its own motion, may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings.

('61 Code, § 10-2.802.2) (Ord. 252 C.S., passed 8-3-81)

The petition shall contain but not be limited to the following:

• (A) Evidence of title to the real property; and

• (B) Evidence of the consent by all of the owners of an interest in the property; or

(C) Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

• (D) Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was flied for record.

• (E) A tentative map in the form prescribed by §§ 10-2.402 or 10-2.501 of this chapter.

(F) A final or parcel map in the form prescribed by §§ 10-2.403 or 10-2.502 of this chapter which delineates dedications which will not be vacated and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title, "The Purpose of this Map is a Reversion to Acreage."

• (G) A deposit as required by the City Engineer toward processing and plan checking costs in accordance to the city's established fees and charges.

('61 Code, § 10-2.803) (Ord. 252 C.S., passed 8-3-81)

(A) The final map or parcel map for the reversion together with all other data as required by this subchapter shall be submitted to the City Engineer for his or her review.

(B) Upon finding that the petition meets with all the requirements of this chapter and the State Subdivision Map Act, the City Engineer shall submit the final map or parcel map, together with his or her report and recommendations of approval or conditional approval of the Reversion to Acreage, to the City Council for their consideration. ('61 Code, § 10-2.804) (Ord. 252 C.S., passed 8-3-81)

(A) A public hearing shall be held by the City Council on all petitions for initiations for reversions to acreage. The City Engineer may give such other notice that the City Council deems necessary or advisable.

• (B) The City Council may approve a reversion to acreage only if it finds and records by resolution that:

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

• (2) Either:

• (a) All owners of an interest in the real property within the subdivision have consented to reversion; or

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

• (c) No lots shown on the final or parcel map where filed for record.

• (C) The City Council may require as conditions of the reversion:

• (1) The owners dedicate or offer to dedicate streets, public rights-of-way, or easements.

• (2) The retention of all or a portion of previously paid subdivision fees, deposits, or improvement securities if the same are necessary to accomplish any of the provisions of this chapter.

('61 Code, § 10-2.805) (Ord. 252 C.S., passed 8-3-81)

(A) Upon approving the Reversion to Acreage, the City Engineer shall transmit the final map or parcel map, together with the City Council resolution approving the reversion, to the County Recorder for recordation.

(B) Reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect. ('61 Code, § 10-2.806) (Ord. 252 C.S., passed 8-3-81)

CORRECTION AND AMENDMENTS OF MAPS

After a final or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of correction or 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 location of any monument which has been changed in location, or character, or which was originally shown at the wrong location or incorrectly as to its character.

(F) To correct any other type of map error or omission as approved by the City Engineer, which does not affect any property right.

(G) In addition to the amendments authorized above, after a final map or parcel map is filed in the Office of the County Recorder, such a recorded map may be further modified by a certificate of correction or an amending map. Such modifications may include, but not be limited, lot area, lot numbers, acreage, and street names, and are subject to the following findings:

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

• (2) That the modifications do not impose any additional burden on the present fee owner of the property;

• (3) The modification does not allow any right, title, or interest in the real property reflected on the recorded map.

• (4) The map as modified conforms to the provisions of Section 66474 of the Subdivision Map Act and Section 10-2.402.6.3 of the Code.

Any such modification shall be set for public hearing before the City Council as provided for in Section 66451.3 of the Subdivision Map Act and Section 10-2.402.6.1 of this Title. The City Council shall confine the hearing to consideration of and action on the proposed modification.

('61 Code, § 10-2.0901) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 676 C.S., passed 7-2-97)

The amending map or certificate of correction shall be prepared by a Registered Civil Engineer or Licensed Land Surveyor. The form and contents of the amending map shall conform to the requirements of § 10-2.403 if a final map, or § 10-2.502 if a parcel map. The 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.

('61 Code, § 10-2.0902) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 676 C.S., passed 7-2-97)

(A) The amending map or certificate of correction, complete as to final form, shall be submitted to the City Engineer for his or her review and approval.

(B) The City Engineer shall examine the amending map or certificate of correction and if the only changes made are those set forth in § 10-2.901 above, he or she shall certify to this fact on the amending map or certificate of correction.

('61 Code, § 10-2.0903) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 676 C.S., passed 7-2-97)

The amending map or certificate of correction certified by the City Engineer shall be filed in the office of the County Recorder in which the original map was filed. 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 of all such corrections in the same manner as though set forth upon the original map.

('61 Code, § 10-2.0904) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 676 C.S., passed 7-2-97)

The fee for checking, processing, and recording the amended map or certificate of correction shall be in accordance with the city's resolution establishing fees and charges. A deposit to be applied toward this fee may be required by the City Engineer upon submittal of the amended map or certificate of correction for his or her review. ('61 Code, § 10-2.0905) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 676 C.S., passed 7-2-97)

ENFORCEMENT OF CHAPTER PROVISIONS

(A) No person shall offer to sell or lease, to contract to sell or lease, to sell or lease or to finance any parcel or parcels 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 final map or parcel map is required by this chapter, or the State Subdivision Map Act, until such map thereof, in full compliance with the provisions of this chapter, or the State Subdivision Map Act, has been filed with the County Recorder for record.

(B) Conveyances of any part of a division of real property for which a final or parcel map is required by this chapter shall not be made by parcel or block number, initial, or other designation, unless and until such map has been filed for record with the County Recorder.

(C) This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law (including a local ordinance), regulating the design and improvement of subdivisions in effect at the time the subdivision was established. ('61 Code, § 10-2.1001) (Ord. 252 C.S., passed 8-3-81)

(A) Any deed of conveyance, sale, or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or State Subdivision Map Act, is voidable at the sole option of the grantee, buyer, or person contracting to purchase, his or her heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation, but the deed of conveyance, sale, or contract to sell is binding upon any successor in interest of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or his or her assignee, heir, or devisee.

(B) Any grantee, or his or her successor in interest, of real property which has been divided, or which has resulted from a division in violation of the provisions of this chapter or the State Subdivision Map Act may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he or she has suffered by reason of such division of property. The action may be brought against the person who divided the property real property in detail, naming the owners thereof, and describing the violation and stating that an opportunity will be given to the owner to present evidence. At least 30 days prior to the recording of a final notice, the owner of the real property shall be advised in writing of the intention to record a final notice and specifying a time, date, and place at which the owner may present evidence as to why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, a release of the tentative notice shall be filed with the County Recorder. Such tentative or final notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

('61 Code, § 10-2.1002) (Ord. 252 C.S., passed 8-3-81)

(A) Any person owning real property within the city may request the City Engineer to determine whether such real property complies with the provisions of this chapter and the State Subdivision Map Act.

(B) Upon making such determination, the City Engineer shall cause a certificate of compliance to be filed for record with the County Recorder. The certificate of compliance will identify the real property and shall state that the division of land complies with applicable provisions of the City Municipal Code and the Statue Subdivision Map Act.

(C) Compliance.

(1) If the City Engineer determines that such real property does not comply with the provisions of the Municipal Code or State Subdivision Map Act, he or she may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at such time by ordinance, Upon making such a determination and establishing such conditions, the City Engineer or authorized representative shall cause a conditional certificate of compliance to be filed for record with the County Recorder. Such certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

(2) Compliance with such conditions shall not be required until such time as a permit or grant of approval for development of such property is issued.

(D) A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(E) For the purposed of administration of this section, any parcel that is shown on the County Assessor's maps prior to 1960 shall be considered as a conforming parcel.

(F) A fee to be charged at actual cost shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required to be applied toward this fee.

('61 Code, § 10-2.1003) (Ord. 252 C.S., passed 8-3-81)

Whenever the City Engineer or an authorized representative has knowledge that real property has been divided in violation of the provisions of this chapter or the State Subdivision Map Act, he or she shall cause to be filed for record with the recorder of the county a tentative notice of violation, "Certificate of Non-compliance," describing the real property in detail, naming the owners thereof, and describing the violation and stating that an opportunity will be given to the owner to present evidence. At least 30 days prior to the recording of a final notice, the owner of the real property shall be advised in writing of the intention to record a final notice and specifying a time, date, and place at which the owner may present evidence as to why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, a release of the tentative notice shall be filed with the County Recorder. Such tentative or final notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

('61 Code, § 10-2.1004) (Ord. 252 C.S., passed 8-3-81)

PARCEL MERGERS

Two or more contiguous parcels or units of land which have been subdivided under the provisions of this chapter or the State Subdivision Map Act shall not merge by virtue of the fact that such contiguous parcels are held by the same ownership. No further proceedings under this chapter shall be required, for the purpose of sale, lease, or financing, except as provided by this subchapter.

('61 Code, § 10-2.1101) (Ord. 252 C.S., passed 8-3-81)

If any one of two or more contiguous parcels or units held by the same owner does not conform to existing zoning regulations so as not to permit its development, and at least one parcel or unit has not been developed with a building for which a building permit is required, then such parcels shall be considered as merged for the purpose of this chapter.

('61 Code, § 10-2.1102) (Ord. 252 C.S., passed 8-3-81)

(A) Whenever the City Engineer or an authorized representative has knowledge that real property has merged

pursuant to this subchapter, he or she shall cause to be filed with the County Recorder a notice of merger. At least 30 days prior to recording of notice, the owner of the parcels or units shall be advised in writing of the intention to record such notice.

(B) The notification to the owner shall specify a time, date, and place at which the owner may present evidence as to why the notice of merger should not be recorded.

(C) The notice of merger to be recorded shall specify the names of the record owners and shall describe the property to be merged.

('61 Code, § 10-2.1103) (Ord. 252 C.S., passed 8-3-81)

(A) Upon request of the legal owner of contiguous parcels, the City Engineer or authorized representative may approve the merger of the property. Such request shall be in writing and shall be accompanied by such data and documents as required by the City Engineer's office.

(B) Upon approval, a "Notice of Merger" shall be filed with the County Recorder. The form and content of the notice shall be as required by the City Engineer.

(C) In approving such merger, the city may impose reasonable conditions. The reasonableness of such conditions may be appealed within 15 days of written notice of the conditions to the City Council in accordance with § 102.402.7.1 of this chapter.

(D) A fee calculated at actual cost shall be charged to the applicant for processing such merger. A deposit may be required to be applied toward this fee.

('61 Code, § 10-2.1104) (Ord. 252 C.S., passed 8-3-81)

VESTING TENTATIVE MAPS

This subchapter is enacted pursuant to authority granted by Cal. Gov't Code Ch. 4.5, of Title 7, § 66498.1 et seq. (hereinafter referred to as the Vesting Tentative Map Statute) and may be cited as the Vesting Tentative Map Ordinance. Except as otherwise set forth in the provisions of this subchapter, the provisions of the Subdivision Ordinance shall apply to the processing of vesting tentative maps under this subchapter.

(Ord. 651 C.S., passed 3-6-96)

It is the purpose of this subchapter to establish procedures for implementing the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the Subdivision Ordinance. To accomplish this purpose, the regulations set forth in this subchapter are determined to be necessary to protect the public health, safety and general welfare, and to promote orderly growth and development of the city. (Ord. 651 C.S., passed 3-6-96)

A vesting tentative map is a tentative map for a subdivision which is filed and processed in accordance with this chapter. When approved, a vesting tentative map confers a vested right to develop property after subdivision, subject to the provisions of this subchapter. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map or parcel map, a vesting tentative map may instead be filed, in accordance with these provisions. If a subdivider does not seek the rights conferred by this subchapter, nothing in this title shall require the filing of a vesting tentative map as a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(Ord. 651 C.S., passed 3-6-96)

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this chapter for tentative maps, except as follows:

(A) At the time a vesting tentative map is submitted, it shall have printed conspicuously on its face the words "Vesting Tentative Map". In accordance with provisions of the Subdivision Map Act, the city shall have a period of 30 days to review the application for completeness, and must notify the subdivider within that period whether additional information is required, or if the application has been accepted for processing.

(B) At the time a vesting tentative map is submitted a subdivider shall also supply such additional information as may be determined to be necessary by the Planning Director. Precise plan applications as specified by § 10-3-4.104 of the Zoning Ordinance shall be required as follows:

(1) A precise plan shall be required and processed concurrently with the submittal of a vesting tentative map in all planned development zones and will satisfy the application and procedural requirements of that zone;

(2) Vesting tentative maps filed in conjunction with a general plan or specific plan amendment, and/or a rezoning application shall be accompanied by a precise plan;

(3) A precise plan shall be required with the submittal of a vesting tentative map when a development proposal makes specific commitments relative to lot size, housing types or styles, and square footage with the stated intent to insure neighborhood compatibility or consistency with the general plan.

(C) The following information regarding the adequacy of available public services and utilities shall also be submitted for review and approval prior to acceptance of an application for processing:

(1) A preliminary drainage plan prepared by a registered civil engineer to analyze storm water runoff to be generated by the project and evaluate proposed and existing systems in dealing with the impacts;

(2) A traffic study prepared by a qualified consultant to determine impacts on all local streets in the area of the subdivision and all key intersections impacted by such development in the community;

(3) An engineering analysis regarding the project's demand for water and sewage disposal services relative to the existing and long range capacities of the municipal systems.

(4) Certification in writing from all public utilities that the proposed subdivision can be adequately served. (D) In addition to the tentative map application, approval of all other discretionary permits required by zoning in effect at the time shall also be required. These applications will be processed concurrently with the vesting tentative map, and approvals must be obtained prior to or simultaneously with the vesting tentative map application. (Ord. 651 C.S., passed 3-6-96)

No land shall be subdivided and developed under a vesting tentative map for any purpose which is inconsistent with the State Subdivision Map Act, or with the general plan and any applicable specific plan or the Zoning Ordinance of the city.

(Ord. 651 C.S., passed 3-6-96)

On filing an application for a vesting tentative map, the subdivider shall pay the application fees required by resolution of the City Council for tentative subdivision maps. At the time of filing the final map for an approved or conditionally approved vesting tentative map, the subdivider shall pay subdivision fees in accordance with any conditions of approval of the vesting tentative map and those adopted by resolution of the City Council. (Ord. 651 C.S., passed 3-6-96)

An approved vesting tentative map shall expire 24 months after its approval or conditional approval, unless otherwise extended by the provisions of the Subdivision Map Act. The expiration of the approved or conditionally approved vesting tentative map shall terminate all proceedings and no final map of all or any portion of the real property included within the tentative map shall be filed without first processing a new vesting tentative map. (Ord. 651 C.S., passed 3-6-96)

(A) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved vesting tentative map, the time that the map expires may be extended for periods of one year to a maximum of three years. Extension requests shall be in writing and be filed with the Community Development Department on or before the date of expiration of the approval or previous extension, together with the filing fee as required by resolution of the City Council. The Planning Commission may grant the extensions only after finding that:

(1) There have been no changes to the provisions of the general plan or zoning applicable to the project since the approval of the tentative map;

(2) There have been no changes in the character of the site or its surroundings that affect how the policies and standards of the general plan or zoning ordinance apply to the project; and

(3) There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools such that there is no capacity to serve the project. (B) Disapproval of the requested extension by the Planning Commission may be appealed to the City Council within 15 calendar days of such action. Any rights conferred by the subchapter shall expire if a final map is not approved and recorded prior to the expiration of the vesting tentative map.

(Ord. 651 C.S., passed 3-6-96)

(A) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map application was deemed complete for processing subject to the exceptions stated below. At the time of construction of any buildings within the subdivision, the subdivider shall pay construction and building permit fees, school district fees, and other development fees as required by any conditions on the vesting tentative map. However, the city may adjust the amount of such fees in accordance with applicable fee schedules in effect at the time of issuance of any required grading, construction, or building permits, unless otherwise specified in the conditions on the vesting tentative map. Except as provided in division (B) below no new type of fee established after approval of the vesting tentative map shall be applicable to development of the subdivided property.

(B) Notwithstanding division (A) above, the city may deny or impose new conditions on any permit, approval, extension, or entitlement for development within a property subject to a vesting tentative map if it makes any of the following findings:

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

(2) The condition, or denial is required, in order to comply with state or federal law.

(C) The rights referred to herein shall expire if a final map is not approved and recorded prior to the expiration of the vesting tentative map as provided in § 10-2.1214. If the final map is recorded these rights shall last for the following periods of time:

(1) An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for

that phase is recorded.

(2) The initial time period set forth above shall be automatically extended by any time used for processing a complete application for grading permit or for design or architectural review (compliance with precise or site plan review requirements) of such processing exceeds 30 days from the date an application for the permit or review is found to be complete.

(3) A subdivider may apply for a one-year extension at any time before the initial time period set forth in division (C)(1) above expires. The time extension request shall be considered by the Planning Commission in accordance with the provisions set forth in § 10-2.1216. If a time extension request is denied by the Planning Commission, the subdivider may appeal the denial to the City Council within 15 calendar days of such action.

-year extension at any time before the initial time period set forth in division (C)(1) above expires. The time extension request shall be considered by the Planning Commission in accordance with the provisions set forth in § 10-2.1216. If a time extension request is denied by the Planning Commission, the subdivider may appeal the denial to the City Council within 15 calendar days of such action.

(4) If the subdivider submits a complete application for a building permit during the periods of time specified in divisions (C)(1) through (C)(3) above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 651 C.S., passed 3-6-96)

ACQUISITION OF LAND AND/OR PAYMENT OF FEES FOR CITY PARK FACILITIES

The purpose of this chapter is to establish the procedures for requiring the dedication of land, the payment of fees inlieu thereof (or a combination of both) to serve new subdivisions in accordance with the requirements of the City’s General Plan and in compliance with the requirements of California Government Code § 66477 (the “Quimby Act”). This chapter is enacted pursuant to the authority granted by the Quimby Act. The Quimby Act specifically authorizes the city to require dedication of parkland or the payment of fees in-lieu of such dedication in set amounts to meet the needs of the citizens of the community for parkland and to further the health, safety and general welfare of the community.

(Ord. 951 C.S., passed 3-21-18)

(A) Except where the context otherwise requires, the definitions given in this section govern the construction of this article. If any of the definitions in this section conflict with definitions in other chapters of the Municipal Code, these definitions shall prevail for the purpose of interpreting and enforcing this section. If a term is not defined in this section, or other sections of the Municipal Code, the most common dictionary definition is assumed to be correct. (B) The following definitions are listed in alphabetical order.

DEVELOPER. Every person, firm, or corporation constructing a new dwelling unit, directly or through the services of any employee, agent, independent contractor, or otherwise.

FAIR MARKET VALUE. The price, based on what a knowledgeable, willing, and unpressured buyer would logically pay to a knowledgeable, willing, and unpressured seller in the market. The FAIR MARKET VALUE of a buildable acre of land shall be determined from time to time, as directed by the City Council.

NEW DWELLING UNIT. Any structure of permanent character, placed in a permanent location, which is planned, designed or used for residential occupancy, including, but not limited to, one-family, two-family, and multifamily dwellings, apartment houses and complexes and mobile home spaces, but not including hotels, motels, and boarding houses for transient guests.

SUBDIVISION. Any type of construction, land division or improvement of land which provides for dwelling units identified under the provisions of § 66424 of the California Government Code. “Subdivision” shall also include any increase in the number of mobile home spaces.

(Ord. 951 C.S., passed 3-21-18)

At the time of approval of the tentative map, parcel map, or final map, or upon issuance of a building permit, the Community Development Director, or his/her assignee, shall determine pursuant to § 10-2.1304 hereof the land required for dedication and/or determine pursuant to § 10-2.1306 the payment of a fee in lieu of dedication of land. As a condition of approval of a final subdivision map or parcel map, or upon issuance of a building permit, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for neighborhood and community park or recreational purposes at the time and according to the standards and formula contained in this chapter. (Ord. 951 C.S., passed 3-21-18)

It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that a minimum of three acres of property for each 1,000 persons residing within this city be devoted to local parks and recreational purposes. Said three acres are justified by the existing ratio of 2.202* acres of parks per 1,000 residents in the city, and the current maximum utilization of said acreage by the residents of Madera.

• 66,082 residents / 145.52 acres of parks = 454.109 residents per acre.

1,000 residents / 454.109 residents per acre = 2.202 acres per thousand residents.

(Ord. 951 C.S., passed 3-21-18)

(A) The formula for determining the minimum acreage to be dedicated is based on a standard of three acres of park area per one thousand members of the population, and shall be as follows:

Average number of persons per unit/1,000 population x 3 acres of parkland x number of units in subdivision/development = land to be dedicated per unit.

Example: for a subdivision of 120 units: 3.85/1,000 x 3 = 0.01155 x 120 = 1.386 acres to be dedicated (at a minimum).

(B) For the purpose of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the tentative or parcel map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone, including any applicable density increases. In the case of a condominium project, the number of dwelling units shall be the number of condominium units. The term “new dwelling unit” does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.

(C) Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes where the developer proposes such dedication voluntarily and the land is approved by the Community Development

Director.

(D) Dedication of the land shall be made in accordance with the procedures contained in § 10-2.1311 hereof. (Ord. 951 C.S., passed 3-21-18)

(A) The developer shall, without credit:

• (1) Provide full street improvements and utility connections including, but not limited to, curbs, gutter, street paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this section;

• (2) Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

• (3) Provide improved drainage through the site; and

• (4) Provide other minimal improvements which the city determines to be essential to the acceptance of the land for recreational purposes.

(B) The land to be dedicated and the improvements to be made pursuant to this section shall be reviewed at the tentative map stage in accordance with the criteria set forth in § 10-2.1309 and approved by the Community Development Director.

(C) Use of money. The money collected hereunder shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision.

(Ord. 951 C.S., passed 3-21-18)

(A) When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value determined by the City Council per § 10-2.1307. The fee shall be determined by the following formula where: DUs = number of new dwelling units as defined in § 10-2.1304

Pop DU = population per dwelling unit as defined in § 10-2.1304

FMV = fair market value determined by § 10-2.1307

Buildable acre = a typical acre of the subdivision, with a slope less than 10%, and located in other than an area on which building is excluded because of flooding, easements, or other restrictions

Example: 1 DU x 3.85 Pop per DU x 3 acres/1,000 = 0.01155 x $50,000 FMV per acre = $577.50 in-lieu fee. The $50,000 fair market value is used for example purposes only. The actual fair market value shall be determined by the City Council, consistent with § 10-2.1307.

(B) Fees to be collected pursuant to this section shall be reviewed by the Community Development Director to ascertain if they comply with the formula set forth above. If compliance is found, then the fees shall be approved by the Community Development Director.

(Ord. 951 C.S., passed 3-21-18)

• (A) The fair market value per buildable acre shall be determined by resolution adopted by the City Council.

• (B) The fair market value per buildable acre shall be updated from time to time as directed by the City Council.

(C) If the developer objects to the fair market value, the city, at the developer’s expense, shall obtain an appraisal of the property by a qualified independent real estate appraiser, agreed to by the city and the developer, and the value established by said appraiser using standard recognized appraisal techniques to establish fair market value will be accepted as the fair market value of the land in the proposed development.

(Ord. 951 C.S., passed 3-21-18)

(A) A fee shall be paid for park development by the developer of each new dwelling unit irrespective of whether the developer is required to dedicate land as set forth in § 10-2.1304 and/or pay fees in lieu of land dedication as set forth in § 10-2.1306.

(B) The park development impact fee shall be established at the rate set forth by a resolution of the City Council. (Ord. 951 C.S., passed 3-21-18)

(A) Only the payment of fees may be required in subdivisions containing 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment project, as those terms are defined in § 1351 of the Civil Code, exceeds 50 dwelling units, dedication of land may be required, notwithstanding that the number of parcels may be less than 50.

(B) Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

• (1) The General Plan and Parks Master Plan of the City of Madera.

• (2) The natural features, access, and location of land in the subdivision available for dedication;

• (3) The size and shape of the subdivision and land available for dedication;

• (4) The feasibility of dedication;

• (5) The compatibility of dedication with the Parks and Recreation Element of the General Plan; and

• (6) The location of existing and proposed park sites and trailways.

(Ord. 951 C.S., passed 3-21-18)

(A) No credit shall be given for private open space in the subdivision except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in § 4175 or 6562 of the Civil Code, partial credit, not to exceed 45%, shall be given against the requirement of and dedication or payment of fees in lieu thereof if the city finds that it is in the public interest to do so and that all the following standards are met:

(1) Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and

(2) Private park and recreational facilities shall be owned by an owners’ association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a 100% affirmative vote of the membership and approved by the city, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities; and

(3) Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor; and

(4) The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and

(5) The open space for which credit is given is a minimum of three acres and provides a minimum of five (5) of the local park basic elements listed as follows, or a combination of such, and other recreation improvements that will meet the specific recreation needs of future residents of the area:

(B) Before credit is given, the Community Development Director shall make written findings that the above standards are met.

(Ord. 951 C.S., passed 3-21-18)

(A) In advance of application for tentative map or parcel map, rezoning, or any other discretionary approval of residential development, the developer shall contact the Community Development Director to determine whether a park land dedication, a payment of in-lieu fee, or both will be applicable to the proposed residential development. (B) At the time of approval of the tentative map or parcel map, rezoning, or any other discretionary approval of residential development, the Community Development Director shall determine, pursuant to § 10-2.1304 hereof, the land required for dedication. At the time of filing of final map, the subdivider shall dedicate the land, unless in-lieu fees are solely being required.

(C) If the Community Development Director requires in-lieu fee payment by the developer, the Community Development Director shall set the amount of land upon which the in-lieu fee will be based. In-lieu fees shall be established using current land values at the time of filing of final map with the formula set forth in § 10-2.1306. Inlieu fees, if required, shall be paid at time of building permit. Park development impact fees shall be paid at time of building permit.

(D) Open space covenants for private park or recreation facilities shall be submitted to the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map. (E) The land to be dedicated and/or in-lieu and park development fees to be paid, shall be subject to the latest adopted ordinances, resolutions, policies, and fees adopted by the City Council and in effect at the time of the final map review and approval.

(Ord. 951 C.S., passed 3-21-18)

(A) Fees pursuant to §§ 10-2.1306 and 10-2.1308 shall be paid to the City and shall be deposited into the subdivision park trust fund, or its successor. Money in said fund, including accrued interest, shall be expended solely for acquisition, development, or rehabilitation of park land or improvements related thereto.

(B) Collected fees shall be appropriated by the city to which the land or fees are conveyed or paid for a specific project to serve residents of the subdivision in a budgetary year within five years upon receipt of payments or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

(C) If such fees are not so committed, these fees shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.

(D) The City Director of Financial Services shall report to the city at least annually on income, expenditures, and status of the subdivision park trust fund.

(Ord. 951 C.S., passed 3-21-18)

(A) Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this article; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels, the fee may be required to be paid by the owner of each such parcel as condition to the issuance of such permit.

(B) The provisions of this article do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added. (Ord. 951 C.S., passed 3-21-18)

After the Planning Commission or Community Development Director determines that land is required for dedication and/or in-lieu fee payment by the developers, the developer may apply to the Engineering Department for permission to construct specified park and recreation improvements on the land of said developer required for dedication or on other land within the same service area to be developed as a park. If the Engineering Department grants the developer permission for construction of specified parks and recreation improvements on said land, said Department shall fix the dollar value of the parks and recreation improvements prior to construction. The agreed dollar value of park and recreation improvements provided by the developer may be credited against the fees, if any, required by this section, provided the improvements are constructed per the approved plans by the Engineering Department. (Ord. 951 C.S., passed 3-21-18)

The Parks and Community Services Department shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the subdivision. (Ord. 951 C.S., passed 3-21-18)

All land offered for dedication for local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the city if the city determines that public street access is unnecessary for maintenance of the park area or use thereof by residents. (Ord. 951 C.S., passed 3-21-18)

If during the ensuing time between dedication of land for park purposes and commencements of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the city with the resultant funds being used for the purchase of a more suitable site.

(Ord. 951 C.S., passed 3-21-18)