Red Bluff Municipal Code Art. I General Provisions

(A) This chapter is enacted for the purpose of adopting standards, regulations and procedures for the subdivision and other specified types of division and utilization of land in the incorporated area of the city, as authorized and directed by the subdivision map act and other applicable provisions of law.

(B) This chapter provides for the division of land in accordance with the provisions for three primary classifications, which are subdivisions, parcel divisions and minor divisions, each of which is defined herein.

(C) This chapter also provides for the reversion to acreage of lands previously divided.

(D) This chapter, as amended, shall not affect any agreement, contract or bond executed pursuant to this chapter prior to the amendment, or any rights of action accrued thereunder, or any previous action to approve a tentative map or final map, except that conditions of approval and time limitations imposed under this chapter, prior to the amendment, shall prevail.

(E) All divisions of land which are subject to the provisions of this chapter shall conform to the general plan, specific plans and to adopted standards and provisions of land which are pertinent or applicable to the divisions.

(F) It shall be unlawful for any person or any other legal entity, as a principal, agent or otherwise, to offer to sell, to contract to sell or sell, lease, transfer, utilize or otherwise assign for financing or other purposes, any proposed subdivision or other division of land or any part thereof in the incorporated territory of the city, unless and until all the requirements hereinafter provided have been complied with.

(`61 Code, § 20.1) (Ord. 505, passed 7-21-1970; Am. Ord. 572, passed 4-5-1976)

Statutory reference:

Requiring the city to adopt an ordinance regulating subdivisions, see California Government Code §§ 66451 through 66451.3

Subdivisions generally, see California Business and Professions Code §§ 11000 through 11709

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADVISORY AGENCY. The City Planning Commission which is also referred to herein as the “Planning Commission,” and it is hereby charged with the duty of making investigations and reports on the design and improvement of all proposed subdivisions and other divisions of land, and shall have other powers and duties with respect to the subdivisions and other divisions of land, and the procedures relating thereto, as are specified by law and by this chapter.

APPEAL BOARD. The City Council. It shall hear and make determinations upon appeals from actions of the Planning Commission with respect to the provisions of this chapter.

AUTHORIZED REPRESENTATIVE. A qualified person who is authorized by a city official, defined herein, to act in the place of such official with respect to the operation or administration of this chapter.

BUILDING OFFICIAL. The person so designated by the City Council.

CITY ENGINEER. The person so designated by the City Council.

CITY HEALTH OFFICER or HEALTH OFFICER. The person so designated by the City Council.

CITY PLANNER. The agent of the Planning Commission designated by the City Council to fulfill the duties of the City Planner, as prescribed herein.

ENGINEER, CIVIL. A civil engineer competent to practice civil engineering, as defined in and under the provisions of California Business and Professions Code § 6731, who is retained to provide civil engineering services related to land division.

ENGINEER, SOILS. A civil engineer registered in the state with a specialty and experience in the investigation and analysis of soils.

LAND DIVISION.

(1) MINOR DIVISION. Any division into fewer than five parcels.

(2) PARCEL DIVISION. The division of any real property, improved or unimproved, or a portion thereof, which is divided for the purpose of sale, lease, financing or utilization, whether immediate or future, into five or more parcels, and in which the planning commission finds in its consideration of the tentative map that the proposed division conforms to adopted plans, standards and provisions of law, and that one of the following sets of conditions prevails:

(a) A whole parcel before division contains less than five acres, each parcel created by the division abuts upon a public street or highway and no dedications or improvements are required by the Planning Commission;

(b) The division consists of parcels each of a gross area of five acres or more, and each of which has an access to a maintained public street or highway, which access is approved by the Planning Commission.

(c) The parcel or parcels of land included in the tentative map have access to a public street or highway, they comprise part of a tract of land zoned for industrial or commercial development and the map receives approval of the Planning Commission as to access, street alignment and widths and other improvements.

(d) The division consists of parcels each of a gross area of between 40 acres and 60 acres.

(e) The land being subdivided is solely for the creation of an environmental subdivision pursuant to California Government Code §66418.2.

(f) Only a parcel map pursuant to § 20.5 shall be required for those subdivisions described above.

(3) SUBDIVISION. Any unit or contiguous units of real property, or portion thereof, which is divided, assigned or allocated by any method by any subdivider for any purpose, whether immediate or future, into five or more parcels or entities of usage, except as otherwise provided herein.

(a) SUBDIVISION shall include a condominium project, as defined in California Civil Code § 1350, containing five or more condominiums, as defined in California Civil Code § 783, a community apartment project, as defined in California Business and Professions Code § 11004, containing five or more apartments and a planned development, as defined in California Business and Professions Code § 11003, containing five or more lots.

(b) SUBDIVISION shall not include any “parcel division” or “minor division,” as defined herein, or any land dedicated for cemetery purposes under the Health and Safety Code of the state.

LAND DIVISION STANDARDS.

(1) A set of detailed standards, specifications, drawings and schedules, which shall be adopted by resolution of the City Council, to set forth the regulations, standards and specifications for land development improvements; the type and nature of investigations, tests and reports; schedules for fees to be charged; and other matters as the City Council finds to be necessary to properly supplement the provisions of this chapter in the processing of land divisions and the improvements thereof.

(2) Whenever reference is made to “this chapter” herein, the reference shall include the land division standards.

LEASE. As used herein, shall not include:

(1) The leasing of apartments, offices, stores or similar space within an apartment building, commercial building, industrial building or a mobile home park which is subject to the provisions of state law;

(2) Mineral, oil or gas leases; or

(3) The leasing and actual exclusive use of land parcels of not less than ten acres, for the full lease term period, for commercial agricultural purposes.

MAP.

(1) FINAL MAP. A map supported by complete engineering data prepared in accordance with the conditions of approval of a tentative subdivision map and in acceptable form for processing and recording, as provided herein.

(2) PARCEL MAP. A map prepared from existing and/or field engineering data, in accordance with the conditions of approval of a tentative parcel map, and, in acceptable form for processing and filing for record, as provided herein.

(3) PRELIMINARY MAP. A map prepared from existing records in sufficient detail to show clearly the development plan proposed for the total land area which is to be developed in one or more units.

(4) RECORD OF SURVEY MAP. A map prepared in accordance with provisions of the Land Surveyors Act to delineate land boundaries, property lines or other lines or points of survey.

(5) REVERSION OF ACREAGE MAP. A map prepared in accordance with provisions of state law for purposes of reverting previously divided parcels to acreage, and as otherwise provided herein.

(6) TENTATIVE MAP. A map prepared from existing records and field data in sufficient detail to meet the requirements for filing as prescribed herein, and to constitute an adequate basis for the preparation of a final map.

MAP ACT. The Subdivision Map Act of the state, as amended.

OWNER. Any individual or any other legal entity having a proprietary interest in the land sought to be subdivided, divided or otherwise utilized, who commences and maintains proceedings to utilize the same under the provisions of this chapter.

PLAN.

(1) GENERAL PLAN. Any element thereof as set forth in the Planning and Zoning Law, California Government Code Title 7.

(2) SPECIFIC PLAN. Any unit thereof as set forth in the Planning and Zoning Law, California Government Code Title 7.

STREET. A way for vehicular traffic, whether designated as a street, highway, thoroughfare, road, avenue, boulevard, lane, place, court, circle, drive or way of any other designation which has been dedicated for public use and accepted by the city, or has been laid out and constructed as a city street, or has been made a public street or road pursuant to law. It includes public roads constructed by federal and state agencies, but not private roads or private alleys.

(1) PRIVATE STREET. A way for vehicular traffic, however designated, which is not intended or proposed to be accepted by the city, and for which any offer of dedication or other offer for acceptance by the city shall be rejected until the time as specified conditions for acceptance have been fully complied with.

(2) ALLEY STREET. A way for secondary vehicular access to private property for freight handling and related purposes.

SUBDIVIDER. Any individual, or any other legal entity commencing proceedings to effect a subdivision or other division or utilization of land which is subject to the provisions of this chapter.

SURVEYOR. A land surveyor licensed under the Land Surveyors’ Act of the state or a civil engineer registered in the state and retained by the subdivider, owner, developer or contractor to provide land surveying services.

TECHNICAL ADVISORY COMMITTEE or TAC. The Technical Advisory Committee of the city established pursuant to §§ 2.100 and 2.101.

(`61 Code, §20.2) (Ord. 505, passed 7-21-1970; Am. Ord. 572, passed 4-5-1976; Ord. 1032, passed 8-5-2014; Am. Ord. 1051, passed 1-15-2019)

Any action to divide any land into two or more parcels shall hereafter be subject to the provisions of this section and any action shall be undertaken in accordance with the following general procedures.

(A) A subdivision, as defined herein, shall require:

(1) Processing and approval of a preliminary map;

(2) Processing and approval of a tentative map; and

(3) Processing and recording of a final subdivision map.

(B) A parcel division, as defined herein, shall require:

(1) Processing of a preliminary map;

(2) Processing and approval of a tentative map; and

(3) Processing and filing for record of a parcel map.

(C) A minor division, as defined herein, shall require:

(1) For a property line adjustment, a finding by the Commission; and

(2) For a two, three or four parcel division:

(a) Processing of a preliminary map;

(b) Processing and approval of a tentative map; and

(c) Processing and filing for record of a parcel map.

(`61 Code, § 20.3) (Ord. 505, passed 7-21-1970; Am. Ord. 572, passed 4-5-1976)

The following procedures shall be followed for divisions of land which constitute subdivisions, as defined herein:

(A) (1) A preliminary map shall be prepared for the total area of any proposed subdivision.

(2) The dimensions, scale and content of the preliminary map shall show in reasonable detail the following:

(a) Street and lot pattern uses proposed;

(b) Topography and drainage, watercourses, water features, areas subject to inundation or flooding;

(c) Geology, soil types, vegetation;

(d) Proposed water supply, sewerage, fire protection;

(e) Proposed street sections and improvements; and

(f) Other features required to adequately represent a comprehensive total development plan.

(B) (1) A preliminary map, when in acceptable form, shall be submitted to the Committee for action, and within five days thereafter the Committee shall meet to consider the map. Within ten days thereafter, the Committee shall prepare a report on the map and transmit a copy to the subdivider.

(2) The Technical Advisory Committee, subject to all other provisions hereof, may accept a tentative map as a preliminary map or a preliminary map as a tentative map.

(C) (1) Tentative maps shall be 18 inches by 26 inches in size and to a scale of not less than 1 inch equals 100 feet unless otherwise approved by the Technical Advisory Committee if an alternate size or scale will permit presentation of map data of acceptable completeness and clarity.

(2) The following information shall be shown on each tentative map, except for any information which the Committee determines is not necessary to be shown on any particular tentative map:

(a) A site location sketch indicating the location of the property to be divided in relation to the surrounding area or region;

(b) A tract number issued by the County Surveyor, date, north arrow, scale and sufficient description to define the location and boundaries of the proposed tract;

(c) Name and address of record owner of the property to be divided and statement of authorization to subdivide;

(d) Name and address of the subdivider;

(e) Name, business address and number of the registered civil engineer or licensed surveyor, who prepared the map;

(f) The locations, names or other approved identification, widths, approximate grade and curve radii of all streets, highways and ways within the property and immediate vicinity;

(g) Contour lines having the following intervals: two feet for ground slopes between level and 5% and five feet for ground slopes exceeding 5%; (Elevations shall be based upon sea level datum.)

(h) The location, character and identification of all existing and proposed public utility facilities on the property or on adjoining properties and on contiguous streets and approximate widths, locations and identifications of all existing or proposed easements;

(i) Approximate lot lay-out and approximate dimensions of each lot; (Each lot shall be numbered and proposed setbacks shall be shown.)

(j) Preliminary grading plan designed to control erosion, sedimentation or damage to off- site property;

(k) The outline of any existing buildings, identification of those to remain in place and their locations in relation to existing or proposed streets;

(l) Approximate location and species of trees or groups of trees on the property and general identification of those to be removed;

(m) Approximate location of existing and proposed water control features, all areas which are subject to inundation or storm water overflow, the location, width and direction of flow of all watercourses, bodies of water and proposed public access to public waterway, river or stream as provided for in the Subdivision Map Act, as last amended;

(n) Approximate locations of existing wells, springs and sewage disposal systems and of test wells, percolation test holes and staked or flagged reference points for use by appropriate public agencies for field check purposes;

(o) The location, identification and description of known or found survey monuments on or adjacent to the sites; and

(p) The names of owners of adjacent properties.

(3) The following statements shall either appear on the tentative map or shall be submitted in written form with the map, except for any of the following items which the Committee determines are not necessary to be filed with any particular tentative map:

(a) Existing use of the property;

(b) Proposed use of the property; and (If the property is proposed to be used for more than one purpose, the area, lots or lot proposed for each type of use shall be described in a statement and shown on the tentative map.)

(c) Descriptive information on the following:

1. Proposed drainage channel changes and flood control measures;

2. Proposed domestic water supply and sewage disposal systems;

3. Proposed street, surface drainage, grading, fire protection and other improvements, with descriptive drawings where appropriate; and

4. Proposed utility service for electrical, gas and communication systems, including the name and address of serving utility company or agency.

(4) The following documents shall be submitted with each tentative map, except for any of the items which the committee determines are not necessary to be filed with any particular tentative map:

(a) A copy of any condition or any restrictive reservations or covenants, existing or proposed;

(b) A letter setting forth and describing the reasons for any requested exceptions to provisions of this chapter, and an application for any requested rezoning, use permit or variance which may be necessary to permit proposed uses of land and structures; and

(c) Either a statement by a soils engineer as to the feasibility of the proposed land development in relation to the geologic and soil characteristics, or a preliminary geologic and soil report based upon adequate test borings or excavations.

(5) The City Engineer may, on the basis of the statement or preliminary geologic and soil report, require a soil investigation of any or all lots; or he or she may, on the basis of the statement, waive the requirement for a preliminary geologic and soil report and/or soil investigation when, based on knowledge of the quality of soils on the site, he or she determines that no the report or investigation is necessary.

(D) (1) Twenty-three prints of the tentative map of a proposed subdivision and of the subdivider’s statement shall be submitted to the City Planner, together with required documents and filing fee, at least 20 days prior to the date of the Planning Commission meeting at which action thereon is desired.

(2) Upon the submittal of a tentative map and accompanying documents, the City Planner shall either direct the transmittal of, or shall transmit copies of the map and related documents to the following: City Clerk, City Attorney, Director of Public Works, Health Department, Recreation Department, Fire Department, County Planning Commission, County Assessor, District Superintendent of Schools, State Real Estate Commission, State Division of Highways, utility companies and other officials or agencies as the City Planner may determine have an interest therein.

(3) Each department, official or agency receiving a tentative map and related documents shall, within ten days of receipt, report in writing through the Committee to the Planning Commission stating whether or not the map and documents are in conformity with the standards and regulations of this chapter and other applicable provisions of law and with the standards and requirements of any agency, or what measures will be necessary to accomplish the conformity. A copy of each written report shall be mailed or otherwise delivered to the subdivider prior to Planning Commission action on the tentative map.

(4) Upon receipt of the reports, the City Planner shall review the map and the statements and documents submitted with it and within five days shall call a meeting of the Technical Advisory Committee to discuss the proposed subdivision with the subdivider and to indicate any actions necessary to make the map acceptable for filing, or to accept the map as being officially filed.

(5) A tentative map shall be considered officially filed, and shall be so endorsed and dated, at the time as the map and all related notations, statements and reports required by this chapter have been submitted to, processed and found to be in complete and proper form by the Committee and all required fees have been paid.

(6) Within ten days from the date of official filing of a tentative map, the Technical Advisory Committee shall prepare a report thereon and the City Planner shall place the item for consideration of the map on the agenda of the next Planning Commission meeting.

(7) A copy of the report shall be mailed or delivered to the subdivider at least seven days prior to any hearing or action on the map.

(E) (1) The Planning Commission shall consider each tentative map and accompanying statements and documents, and the Technical Advisory Committee report and related department and agency reports, to determine whether the map is in conformity with the provisions of law and this chapter, with adopted general plan and specific plan standards and proposals, and with good planning and engineering practice.

(2) The Planning Commission shall consider also measures as will promote and protect the public health, safety, comfort, convenience and general welfare, and the natural scenic values and other assets and conditions making for excellence of residential, commercial, industrial, recreational and other developments.

(3) The Planning Commission may require that sites necessary for public purposes be provided or reserved or that fees for the purposes be paid, as follows:

(a) Parks and recreation sites: one acre per 100 lots or a fee per lot, as specified in the land division standards, when in conformity with provisions of the Subdivision Map Act as last amended.

(b) Public schools, elementary and secondary: as provided by the Subdivision Map Act as last amended.

(c) Water, sewer, solid waste disposal and drainage facility sites and easements: as required to properly serve individual subdivisions and to conform to area plans.

(d) Public sites for fire stations, libraries and other public uses and services: as may be negotiated by public agencies and the subdivider.

(e) Public access to public waterway, river or stream: public access shall be provided within the proposed subdivision by fee or easement as provided for in the Subdivision Map Act, as last amended.

(4) The Planning Commission may require a waiver of rights of direct access to any existing or proposed street or highway.

(5) The Planning Commission may refuse to approve a tentative map when it finds that:

(a) The only practical use of the property included on the map is use prohibited by law, or that the tentative map or the subdivision plan proposed is not in conformity with this chapter, the Subdivision Map Act or other applicable provisions of law or general plan or specific plans.

(b) The Health Officer report indicates that the property is or will become unhealthful or unfit for human habitation or occupancy if developed as proposed.

(c) The City Engineer report indicates that the property is hazardous for development or habitation because of flooding or inundation, adverse soil or geologic conditions or other conditions adverse to the public health, safety or general welfare.

(F) (1) Within 50 days of the date on which a tentative map is officially filed and dated in the Office of the City Planner, and unless the time limit has been extended by mutual consent of the subdivider and the Planning Commission, the Planning Commission shall, upon the basis of considerations and findings as set forth herein, either recommend approval, conditional approval or disapproval of the tentative map. The recommendation shall, within ten days, be reported in writing to the City Council and the subdivider.

(2) Within 20 days of receipt of the Planning Commission recommendation, the City Council shall approve, conditionally approve or disapprove the tentative map, and, within ten days of the action, shall give written notice thereof to the Planning Commission and subdivider.

(3) Action on a tentative map by the City Council shall be final.

(4) Following approval of a tentative map, the subdivider shall proceed to fulfill all conditions to the approval, and shall cause to be prepared and submitted to the City Engineer the plans, specifications and other information related to subdivision improvements in accordance with the land division standards.

(5) No work on any permanent structure or on any subdivision improvements on any subdivision site shall be commenced without the approval and authorization of the City Engineer and no work on the site which is in conflict with the approved tentative map shall be permitted.

(G) (1) Within 24 months after approval or conditional approval of the tentative map or maps, the subdivider may cause the subdivision, or any part thereof, to be surveyed and a final map to be prepared in accordance with the tentative map as approved.

(2) (a) Upon application of the subdivider prior to the expiration of the 24-month period, an extension not exceeding two years may be granted by the Planning Commission. If the Planning Commission denies the subdivider’s application for extension, the subdivider may appeal to the City Council within 15 days. The action of the City Council shall be final.

(b) One additional application for extension may be submitted prior to the expiration of the original two-year extension. This extension, not to exceed two years, may be granted by the Planning Commission. The total combined extension time shall not exceed four years.

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

(b) The time limits imposed herein are subject to certain exceptions set forth in California Government Code § 66452.6, which include any development moratorium imposed after approval of the tentative map or 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 if a stay of time period is approved by the Planning Commission.

(4) The subdivider shall submit to the City Planner, in complete and approvable form, the following:

(a) Ten legible prints of the final map, together with the original tracing and a reproducible copy;

(b) Subdivision improvement plans and plan, map and field checking fees, as provided in the land division standards;

(c) Traverse sheets showing closures and computation of all distances, angles and courses shown on the final map, ties to existing and proposed monuments and adjacent subdivisions, street centerlines and highway stations; (The traverse of the exterior boundaries of the tract and of lots and blocks shall close within a limit of error of one in 5,000.)

(d) Design calculations as required in the land division standards;

(e) A certificate from the County Assessor regarding liens for unpaid taxes, a tax bond if required and a guarantee of title issued by a title company for the benefit and protection of the city;

(f) An instrument restricting vehicular traffic over the side lines of any road or highway, when and if the same is required;

(g) A geologic and soil report or a soil investigation report by a soils engineer in the form prescribed by the City Engineer unless this requirement is waived in writing by the City Engineer; and

(h) Improvement bonds, subdivision agreements and other documents as are required by this chapter and the land division standards.

(H) The final subdivision map shall conform to all of the following provisions:

(1) It shall be clearly and legibly drawn in black waterproof India ink upon good tracing cloth or other material approved by the County Recorder and shall include certificates as required by the Subdivision Map Act and this chapter.

(2) The size of each sheet shall be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The particular number of the sheet and the total number of sheets comprising the map, the tract number, title or other designation shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. The tract designation, all drawings, affidavits, acknowledgments, endorsements, offers and acceptances of dedication and notarial seals shall be within the marginal lines. The first sheet of the map shall contain all affidavits, acknowledgments, endorsements, offers and acceptances of dedication and notarial certificates, and no signed certificates shall appear on any other sheet of the map, nor shall any portion of the map appear on the sheet containing the certificates. The scale of the final map shall be 1 inch equals 100 feet or 1 inch equals 50 feet unless otherwise permitted by the City Planner, but in any case the map shall show clearly all the details of the subdivision.

(3) The title sheet of the final map shall contain the tract number and designation and other descriptive matter as mar be necessary. Below the tract designation shall appear a subtitle consisting of a general description of all the property being subdivided by reference to recorded deeds or to maps which have been previously recorded or by reference to the plat of a United States survey. Reference to tracts and subdivisions in the description must be worded identically with original records and references to book and page of record must be complete. The basis of bearing for the survey shall be clearly noted.

(4) The final map shall particularly define and designate all lots or parcels, including those reserved for private purposes, all parcels offered for dedication for any purpose, with all dimensions, boundaries and courses clearly shown and defined in every case. No ditto marks shall be used. Parcels offered for dedication but not accepted shall be designated by letter.

(5) The map shall show clearly what stakes, monuments or other evidences were found on the ground to determine the boundaries of the tract, and the names of owners of adjoining properties.

(6) The map shall show all information, data and monuments necessary to locate and retrace any and all exterior boundary lines, and lot and block lines. It shall also show bearings and distances of straight lines and radii, central angle and are length for all curves and information as may be necessary to determine the location of the centers of curves, bearings and tangent distances and radii, central angle and arc lengths of all lots. Where streets intersect on curves, center line lengths, radii and deltas and center line intersection points shall be shown.

(7) The map shall show chord lengths at the setback line on lots located on or having side lines at angles other than 90°.

(8) Wherever the City Engineer has established the center of a street or alley, the data shall be shown on the final map, indicating all monuments found and making reference to a field book or map. If the points were reset by ties, the fact shall be stated.

(9) The map shall show the line of extreme high water in case the subdivision is adjacent to a stream, channel or subject to periodic inundation by water.

(10) The boundary of the tract shall be designated by one-sixteenth inch solid colored border applied on the reverse side of the tracing and outside the boundary line. The border shall not obliterate figures or other data.

(11) Block designations shall be used and lots shall be numbered consecutively in each block, with no omissions or duplications.

(12) The total width of all street rights of was shall be shown, as well as the widths of rights-of- way for flood control or drainage channels and other rights-of-way.

(13) The map shall show all easements of record and easements to be recorded. If any easement is not definitely located of record, a statement of the easement must appear on the title sheet. Easements for storm drains, sewers, public utilities and other purposes shall be clearly defined. Distances and bearings on the side lines of lots which are cut by an easement must be so shown that the map swill indicate clearly the actual length of the lot lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown.

(14) In order to avoid duplication, names to be used for new streets shall be subject to the approval of the Planning Commission. If any designations be numbers, then they shall be spelled out completely, using hyphens in such forms as “Twenty-third Street.” The word “avenue,” “boulevard,” “place” and the like shall be spelled out in full. Names of newly dedicated portions of streets shall be shown in or arrowed to the dedicated portion.

(I) (1) When the City Engineer finds that all requirements for submittal of a final subdivision map have been complied with, he or she shall date and sign his or her file copy to that effect, and notify the subdivider and/or his or her engineer and the Technical Advisory Committee that the map has been filed. Within five days of the date of filing, the Committee may meet to review the map and submit comments thereon to the City Engineer.

(2) (a) Within 20 days of the date of filing and when the map is complete and in order, the City Engineer shall submit the map, and all related bond and agreement forms and other documents, to the City Council. Should the Committee or the City Engineer find that the map is not in substantial conformity with the tentative map, the City Engineer shall submit the map to the Planning Commission for their recommendation to the City Council.

(b) Following Council approval, the City Engineer shall sign the certificate on the original tracing.

(3) Following approval of the map and related documents by the City Council, the City Clerk shall submit the map to the County Clerk for filing.

(`61 Code, §20.4) (Ord. 505, passed 7-21-1970; Am. Ord. 572, passed 4-5-1976; Am. Ord. 683, passed 3-2-1982; Am. Ord. 1051, passed 1-15-2019)

The following procedures shall be followed for divisions of lands which constitute parcel divisions, as defined herein:

(A) A preliminary parcel map shall show the location of streets and property lines bounding the property, except that the Technical Advisory Committee may waive any of the provisions of the section which it finds are not appropriate or necessary.

(B) A preliminary map, when in acceptable form, shall be submitted to the Committee for action. Within five days thereafter, the Committee shall meet to consider the map. Within ten days thereafter, the Committee shall prepare a report on the map and transmit a copy to the subdivider.

(C) (1) Within one year after City Council approval of the tentative map of a parcel division, a parcel map shall be submitted to the City Engineer for checking and processing.

(2) (a) Upon written application within one year of date of approval of the tentative map, an extension of time for filing of not to exceed two years may be granted by the Planning Commission.

(b) An additional application for extension may be submitted prior to the expiration of the original two-year extension. This extension, not to exceed two years, may be granted by the Planning Commission. The total combined extension time shall not exceed four years.

(3) The following shall be submitted together with the parcel map:

(a) Six legible prints;

(b) Map and field check fees, as provided in the land division standards, design calculations and improvement plans.

(c) Traverse and computation sheets and other data as the City Engineer may require to ensure accuracy of survey data and map, and compliance with provisions of law;

(d) All deeds, offers of dedication and easement agreements for sites, streets and other purposes as were required in the action of approval of the tentative map, and any required bonds and agreement forms; and

(e) A parcel map guarantee stating that the parties signing the owner’s certificate are all of the parties having record title interest in the land being divided, except that a lien, trust deed or bond shall not constitute a record title interest under this section.

(D) (1) A parcel map shall be prepared by a registered civil engineer or licensed land surveyor and shall comply with all provisions of this chapter, the Subdivision Map Act and other provisions of law.

(2) The parcel map shall conform to all of the following provisions:

(a) It shall be clearly and legibly drawn in black waterproof India ink upon good quality tracing cloth or other material approved by the County Recorder.

(b) The size of each sheet shall be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be 1 inch equals 100 feet, or otherwise large enough to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets. The boundary of the tract shall be designated by a one- sixteenth inch border of solid color applied to the reverse side of the tracing and inside the boundary line. The border shall not obliterate figures or other data.

(c) The map shall show all engineering and other data as is necessary to fully conform with the approved tentative map and any conditions to the approval, and reference to all deeds or offers of dedications for sites, streets, easements and other purposes as were required in the action of approval of the tentative map.

(d) The map shall show precise distances and bearings ties to corners and/or points of record and references thereto, sources of map and survey data and other engineering detail as may be required by the City Engineer. Each lot and parcel shall be numbered or otherwise identified.

(e) The following certificates shall appear on parcel maps in the form prescribed in the Subdivision Map Act and otherwise prescribed by the City Engineer and/or County Recorder.

• 1. City Engineer certificate;
• 2. Surveyor or Engineer certificate;
• 3. County Recorder’s certificate; and

4. A certificate signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map.

(E) (1) Within 20 days after receiving the parcel map or within the additional time as may be reasonably necessary, the City Engineer shall determine whether the map is in proper form and that all conditions of tentative map approval and provisions of law have been complied with, and he or she shall examine it for survey information and other required information shown thereon.

(2) When he or she is satisfied that the map is technically correct and in compliance with the provisions of this chapter and other provisions of law, the City Engineer shall submit the map to the City Council, and following City Council approval, he or she shall sign the City Engineer certificate on the original map and the City Clerk shall submit it to the County Clerk for filing.

(`61 Code, §20.5) (Ord. 505, passed 7-21-1970; Am. Ord. 572, passed 4-5-1976; Am. Ord. 1051, passed 1-15-2019)

The following procedures and/or conditions shall prevail for lot line adjustments and voluntary mergers.

(A) A voluntary merger or a lot line adjustment shall not create any new lot or building site. A lot line adjustment may only occur between four or fewer existing adjoining parcels where land taken from one parcel is added to an adjoining parcel and no greater number of parcels than originally existed is thereby created.

(B) A parcel map is not required for this voluntary merger or lot line adjustment, provided the Planning Director determines that the proposed voluntary merger or lot line adjustment conforms to the General Plan, any applicable specific plan, zoning and building ordinances, and California Government Code § 66412(d). Review of a lot line adjustment shall be limited to those determinations authorized by the Subdivision Map Act.

(C) Lot line adjustments processed pursuant to this section shall be ministerial actions and shall not require Planning Commission approval unless processed concurrently with a separate discretionary entitlement requiring Planning Commission review. When processed concurrently with a discretionary entitlement, the lot line adjustment shall remain ministerial, and review shall be limited to the determinations authorized by California Government Code § 66412(d).

(D) Applications for a lot line adjustment or voluntary merger shall be submitted on forms approved by the city and shall include the following:

(1) A map drawn to an acceptable scale showing existing and proposed property lines, parcel dimensions, easements, and the total area of each parcel before and after the adjustment;

(2) Legal descriptions of the affected parcels and resulting parcels prepared by a licensed land surveyor or registered civil engineer authorized to practice land surveying;

(3) Authorization from all affected property owners;

(4) A current preliminary title report or other evidence of ownership acceptable to the city; and

(5) Any additional information reasonably necessary to determine compliance with this section and California Government Code § 66412(d).

(E) The Planning Director may deem an application incomplete if the information necessary to determine compliance with this section has not been provided. A voluntary merger shall be reflected in a Certificate of Voluntary Merger, which shall be recorded. A lot line adjustment shall be reflected in a deed, which shall be recorded.

(F) No tentative map, parcel map, or final map shall be required for a qualifying lot line adjustment. A lot line adjustment shall not create parcels inconsistent with applicable zoning standards unless otherwise authorized by this code or state law. A lot line adjustment shall not increase the degree of nonconformity of an existing parcel unless otherwise permitted by this code.

(G) Conditions of approval shall be limited to those necessary to:

(1) Ensure consistency with the General Plan, any applicable specific plan, zoning and building ordinances;

(2) Require the prepayment of real property taxes where authorized by law; or

(3) Facilitate the relocation, protection, or continuation of existing utilities, infrastructure, or easements.

(H) The city shall not impose conditions or exactions on approval of a lot line adjustment except as authorized by California Government Code § 66412(d).

(I) The city shall approve or disapprove a lot line adjustment in accordance with the Permit Streamlining Act (California Government Code § 65920 et seq.).

(J) Approval of a qualifying lot line adjustment shall be considered a ministerial action and shall not be subject to the California Environmental Quality Act (CEQA).

(K) A record of survey shall not be required unless otherwise required pursuant to California Business and Professions Code § 8762.

(L) Nothing in this section shall prohibit sequential lot line adjustments otherwise permitted by law.

(M) Approval of a lot line adjustment shall not authorize development inconsistent with applicable zoning, building, fire, health, or safety regulations.

(N) The decision of the Planning Director may be appealed in accordance with Chapter 26 of this code. Appeal review shall be limited to whether the determinations required by this section can be made.

(`61 Code, § 20.6) (Ord. 505, passed 7-21-1970; Am. Ord. 572, passed 4-5-1976; Am. Ord. 949, passed 4-6-2004; Am. Ord. 1051, passed 1-15-2019; Am. Ord. 1098, passed 6-16-2026)

All subdivisions and other divisions of land which are subject to the provisions of this chapter shall conform to the following regulations and shall be subject to the following provisions:

(A) The regulations, standards and procedures provided herein shall be construed to be the minimum necessary to promote and protect the public health, safety and general welfare, and they may be made more restrictive in cases where the Planning Commission finds the action is necessary to protect the public interest and to ensure sound planning standards and, on the advice of the City Engineer, to ensure sound engineering standards.

(B) The land division standards shall contain standards for street and lot design, for street widths, grades and curves, for sewerage, water supply and fire protection, for all improvements to be installed, including public utilities, for office and field checking of maps and survey data, for construction inspections, fee schedules, forms for bonds and agreements and other matters as may be included therein by resolution of the City Council.

(C) The Planning Commission may require that a subdivider provide the documents, including but not restricted to deeds, dedications, grants, restrictions, easements and rights-of-way, as it deems necessary to effect a sound and proper plan of land division.

(D) The Planning Commission may require a request for change of zoning to ensure compatibility of plans and regulation.

(E) (1) The Planning Commission may permit private streets in land divisions which are subject to the provisions of this chapter in cases where the Technical Advisory Committee finds and reports that the streets provide local access to parcels to be created, and do not constitute elements of arterial or collector streets systems necessary to serve areas beyond the bounds of the land division site.

(2) Land divisions in which private streets are permitted shall be subject to all provisions of this chapter, except as otherwise or as additionally provided below:

(a) Private streets shall be constructed in conformity with land division standards.

(b) Provisions for maintenance of private streets shall be required by the Planning Commission, and bonds or other guarantees of compliance with the provisions may be required.

(F) (1) The Planning Commission may recommend approval of land division plans which include the clustering of development sites in combination with the preservation of open space and plans which include airports, golf courses and other types of recreational facilities and other special features intended for the common usage of owners and guests; provided, that the features are in conformity with zoning, lot area and density standards on an averaged overall lots plus, open space basis and other provisions of law.

(2) In such cases:

(a) The Planning Commission shall require provisions for proper construction of the special features.

(b) The Planning Commission shall require provisions for preservation of open spaces and adequate maintenance and operation of all features and may require bonds or other guarantees of compliance with the requirements.

(c) The Planning Commission may approve the division plans under existing “P-D” zoning or may require “P-D” zoning as a condition to approval of the division.

(G) The Planning Commission may waive the regulations of this chapter pertaining to divisions into fewer than five parcels, and may require only the approval and recording of a record of survey map, in cases where a public governmental agency or a public utility must become involved in land division in the normal course of its legal and ordinary operations, and for purposes other than the sale or leasing of land for profit.

(H) When a soil investigation has been required by the City Engineer:

(1) The report and recommendations thereon must be prepared to meet his or her approval;

(2) A notation that a report has been prepared shall be noted on the final map, together with the date of the report and the name of the engineer who made it; and

(3) Building permits for structures in the subdivision shall be conditioned upon compliance with recommendations of the report.

(`61 Code, § 20.7) (Ord. 505, passed 7-21-1970; Am. Ord. 572, passed 4-5-1976)

Concurrently with the acceptance of the final map, the subdivider shall enter into an agreement with the City Council agreeing to have the improvements completed within the time clause guaranteeing the workmanship and materials provided in all improvements for a 12-month period after acceptance of the improvements by the City Council. The agreement may provide for extension of time under specified conditions. The agreement may also provide for the termination of the agreement upon a reversion to acreage or revocation of all or part of the subdivision.

(`61 Code, § 20.8) (Ord. 505, passed 7-21-1970)

(A) To assure that the improvements required by this chapter are satisfactorily completed, adequate improvement security shall be furnished by the subdivider for the cost of the improvements according to the plans and specifications in a sum or amount equal to the estimate approved by the City Engineer. Partial release of the improvement security may be made in accordance with the provisions of the Subdivision Map Act.

(B) The improvement security shall be released by the city engineer upon acceptance of the work or upon revocation or reversion to acreage of the subdivision and abandonment of all streets and easements, except the security in the amount specified by the City Engineer to guarantee workmanship and materials shall remain in full force and effect for one year after acceptance of the improvements.

(`61 Code, § 20.9) (Ord. 505, passed 7-21-1970)

(A) The Technical Advisory Committee may recommend that the Planning Commission authorize conditional exceptions to any of the requirements and regulations set forth in this chapter.

(B) Application for any exception shall be made by a verified petition of the subdivider stating fully the grounds of the application and the facts relied upon by the petitioner. The petition shall be filed with the tentative map. In order for the property referred to in the petition to come within the provisions of this section, the Committee must find that all of the following facts apply with respect to the subject property:

(1) There are special circumstances or conditions of topography, size, shape or location affecting the property;

(2) The exception recommended is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

(3) The granting of the exception will not adversely affect the general plan; and

(4) The granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated and will not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity.

(C) In recommending authorization of any exceptions under this section, the Committee shall prepare a report to the Planning Commission containing all facts and findings in connection therewith. The report shall set forth the exception as recommended and the conditions designated. Upon receipt of the report, the Planning Commission may recommend approval of the tentative map with or without the exceptions and conditions recommended.

(`61 Code, § 20.10) (Ord. 505, passed 7-21-1970)

(A) Appeal from an action by the Planning Director or the Technical Advisory Committee may be made to the Planning Commission within ten days from the action. An appeal shall be submitted in written form to the Secretary of the Planning Commission and shall be placed on the agenda of the next succeeding Commission meeting. The Commission shall take action thereon within 40 days from the date of submittal

(B) If a subdivider is dissatisfied with an action of the Planning Commission, he or she may, within 15 days after the action, appeal in writing to the City Council for a public hearing. Also within the 15-day period, the Planning Commission shall forward the map or other documents to the City Council for review. The hearing shall be held within the time limit required by the Map Act. A public notice of the hearing shall be made by the City Clerk. The City Council may continue the hearing from time to time, not to exceed 15 days from the date of first hearing without mutual consent. At the time fixed for the hearing, the City Council shall hear testimony of representatives of the Commission, of any witnesses on its behalf and any parties at interest.

(1) The City Council shall consider the record and additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the order, requirement, decision, recommendation, interpretation, ruling appealed from or make and substitute other or additional decision or determination as it may find warranted under law and facts.

(2) The decision of the City Council as a result of the hearing shall be expressed by a motion in writing and the City Council shall forthwith transmit a copy thereof to the subdivider and the Commission.

(`61 Code, § 20.11) (Ord. 505, passed 7-21-1970; Am. Ord. 949, passed 4-6-2004)

(A) It shall be the duty of the City Manager to enforce the provisions of this chapter. All departments, officials and public employees of the city vested with the duty or authority to issue permits shall conform to the provisions of this chapter and shall not willfully issue any permit or license for use, construction or purpose in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void. Any violation of this chapter shall constitute a misdemeanor and shall be punishable by a fine of not to exceed $500 or by imprisonment in the County Jail for a period not to exceed six months or by both the fine and imprisonment. Each day a violation of this chapter continues shall be considered a separate offense.

(B) Any deed of conveyance, sale or contract to sell real property which has been divided in violation of the provisions of this chapter or the Subdivision Map Act, is voidable to the extent and in the manner provided in California Government Code § 66499.32. Whenever real property has been divided in violation of this chapter a notice of violation will be filed with the County Recorder in the manner provided in California Government Code § 66499.36.

(`61 Code, § 20.12) (Ord. 505, passed 7-21-1970; Am. Ord. 572, passed 4-5-1976)