Chapter 9.78 — TAXES AND ASSESSMENTS

Sec. 9.78.005. - Certificate from tax collector-treasurer.

Prior to the filing of a final tract map with the city council, the subdivider shall file with the city clerk a certificate from the tax collector-treasurer stating that, according to the records of such office, there are no liens against the subdivision or any part thereof for unpaid state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments collected as taxes not yet payable. As to taxes or special assessments collected as taxes which are a lien but not yet payable, the subdivider shall file with the clerk of the city council a certificate by the tax collector-treasurer giving his estimate of the amount of taxes and special assessments collected as taxes which are a lien but not yet payable.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded until the owner or subdivider executes and files with the city clerk, security conditioned upon the payment of all state, county, municipal and local taxes and the current installment of principal and interest of all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.78.015. - Apportionment.

The apportionment of security and delinquencies shall be handled in accordance with the provisions of the Subdivision Map Act.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.79. - PARCEL MAPS; REQUIREMENTS AND PROCEDURES

Sec. 9.79.005. - Content and form.

The content and form of parcel maps shall be governed by the provisions of the Subdivision Map Act and the subdivision manual.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

When a subdivision is proposed to be created through the tentative parcel map process, a final parcel map shall be filed for record with the county recorder. No proposed subdivision shall be complete until such parcel map has been filed for record.

(b)

A final parcel map, within commercial or industrial zoned areas, identifying lease lines or lines for tax purposes may be filed for record with the county recorder without being required to comply with the tentative parcel map requirements of this article. Each parcel on such map shall be identified by letter and shall not be considered to be a separate building site. No transfers of fee title may be made in connection with such map. Identification shall be shown on the face of such map as to its purpose that it does not create building sites and that it does not permit transfer of fee title interest.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.79.015. - Signatures required.

(a)

When dedications or offers of dedications are made on the final parcel map, all parties having any record title interest in the real property being subdivided shall consent to the preparation and recordation of the final parcel map by signing the required certificate. Such signatures shall be properly acknowledged. The certificate need not be signed by public entities and public utilities which own rights-of-way, easements or other interests which cannot ripen into a fee, provided that:

(1)

The planning commission determines that division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement.

(2)

The map contains a statement that the planning commission has determined that the division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement.

(3)

The public entity or utility has been given the opportunity to object to such a determination in accordance with the provisions of the Subdivision Map Act.

(b)

When dedications or offers of dedications are not being made, no owner's or subdivider's signatures shall be required on the parcel map.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.79.020. - Method of approval.

(a)

Final parcel map. The final parcel map shall be submitted to the city engineer, who shall examine the map within 20 days of receipt thereof. If the city engineer is satisfied that the map is technically correct and conforms with the approved tentative parcel map and any conditions imposed thereon, he shall execute the certificate required by the Subdivision Map Act. Such certification by the city engineer shall constitute approval of the final parcel map.

(b)

Agreements and security. Whenever, as a condition of an approved tentative parcel map, agreements and/or security are required for installation of certain improvements, said agreements and security shall be approved by the city council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.79.030. - Filing with the county recorder.

The surveyor/engineer/subdivider shall transmit the approved final parcel map to the county recorder for recordation.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.80. - FINAL MAPS; REQUIREMENTS AND PROCEDURES

Sec. 9.80.005. - Content and form.

The content and form of final tract maps shall be governed by the provisions of the Subdivision Map Act and the subdivision manual.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.80.010. - Final tract map required.

When a subdivision is proposed to be created through the tentative tract map process, a final tract map shall be filed for record with the county recorder. No proposed subdivision shall be complete until such tract map has been filed for record.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.80.015. - Signatures required.

All parties having any record title interest in the real property being subdivided shall consent to the preparation and recordation of the tract map by signing the required certificate. Such signatures shall be properly acknowledged. The certificate need not be signed by public entities and public utilities which own rights-of-way, easements or other interests which cannot ripen into a fee, provided that:

(a)

Division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement;

(b)

The map contains a statement that the planning commission has determined that the division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement; and

(c)

The public entity or utility has been given an opportunity to object to such a determination in accordance with the provisions of the Subdivision Map Act.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Final tract maps, together with any required improvement agreements and security, shall be submitted to the city engineer for review and preliminary determination as to:

(a)

Compliance with any conditions imposed on the approval of the tentative map; and

(b)

Substantial conformance with the approved tentative map and any approved alterations thereof.

In the event the city engineer and director determine that the subdivision is not in compliance or substantial conformance with the tentative maps, the city engineer shall withhold approval of final maps until maps are brought into conformity. Within ten days of the date the final map was submitted, the city engineer will advise the subdivider in writing of his preliminary determination. The subdivider may appeal the city engineer's determination to the planning commission or directly to the city council in the event the map was originally approved on appeal to the city council. Any such appeal shall be heard within 15 days of the filing of such a request with the director. Upon hearing any such appeal, the planning commission or the city council shall make final determination as to whether the final tract map is in compliance and substantial conformance with the tentative tract.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.80.025. - Filing with the city council.

After the city engineer signs the map, the map shall be transmitted to the city clerk. The city clerk shall present the map and any required agreements, securities and approvals to the city council for their approval and execution of their certificate by the Clerk.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.80.030. - Filing with the county recorder.

The surveyor/engineer/subdivider shall transmit the approved final tract map to the county recorder for recordation.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.81. - REVERSIONS TO ACREAGE

Sec. 9.81.005. - Reversion authorized.

Subdivided real property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act, this chapter and the subdivision manual.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.81.010. - Content and form of petitions for reversion to acreage.

Petitions shall conform with such requirements as to form and content as may be specified in the subdivision manual and shall include a final tract map. If the land to be reverted consists of four or less contiguous parcels under the same ownership, a parcel map may be submitted in lieu of the tract map. No reversion shall be complete until such map has been filed for record with the county recorder.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.81.015. - Subdivision committee review.

Petitions for reversion to acreage shall be reviewed by the subdivision committee. They shall make recommendations thereon to the director within 30 days of the date the petition was filed with the director. Thereafter, the director shall transmit the petition and the subdivision committee's recommendations through the planning commission to the clerk of the city council, who shall set the matter for public hearing before the city council. The clerk shall publish a notice of the time and place of said hearing in accordance with the provisions of the Subdivision Map Act and give written notice of the hearing to the petitioners.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.81.020. - City council hearing.

At the conclusion of the public hearing, the city council may make such findings, including those set forth in the Subdivision Map Act, as the city council deems appropriate. If the city council intends to approve the reversion to acreage, it shall impose the conditions required by the Subdivision Map Act. If the proposed final or parcel map has been approved by the county surveyor, the city council may approve the reversion and authorize transmitting the map to the county recorder for recordation. The city council may disapprove

the proposed reversion or may continue the matter until the final tract map or parcel map has been approved by the city engineer. Thereafter the city council may approve the reversion and authorize transmitting the map to the county recorder for recordation. The applicant shall then transmit the approved final tract or parcel map to the county recorder for recordation.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.82. - CERTIFICATE OF COMPLIANCE

Sec. 9.82.005. - Approval.

Certificates of compliance shall be approved by the city engineer, whereas, conditional certificates of compliance shall be approved by the subdivision committee.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.82.010. - Procedure.

Requests for a certificate of compliance shall be processed and reviewed in compliance with the provisions and procedures set forth in the subdivision manual. No certificate of compliance or conditional certificate of compliance shall be valid until it has been recorded in the office of the county recorder.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.82.015. - Appeal to city council.

(a)

Any interested person may appeal to the city council from any action of the city engineer on a certificate of compliance by filing a notice of appeal with the clerk of the city council within 15 days of the action.

(b)

The notice of appeal shall identify the action being appealed, specify why the appellant is dissatisfied with the action, and recommend an alternative action.

(c)

The clerk shall set the matter for hearing before the city council within 30 days of the date of filing the appeal. The city engineer, the applicant and the appellant, if other than the applicant, shall be given at least ten days notice of the city council's hearing.

(d)

The city council may affirm, reverse or modify any recommendations or rulings of the director and may make such findings as it deems appropriate. If only one or a limited number of conditions are being appealed, the city council need not limit its review to those specific conditions, but may review the whole action taken by the city engineer. The decision of the city council shall be final.

(e)

An appeal, once filed, may be withdrawn only with the consent of the city council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)