§ 10-2

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.

(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.

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.

(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)