Chapter 152 — SUBDIVISIONS

The provisions of this chapter shall be in addition to and shall be considered as supplementing the provisions of the Subdivision Map Act of the State of California. This chapter may be cited as the Subdivision Ordinance of the City of Riverbank .

(`67 Code, § 11-1-6)

Except as otherwise provided in this section, all terms used in this chapter which are defined in the Subdivision Map Act are used in this title as so defined, unless from the context hereof it clearly appears that the different meaning is intended.

APPROVED ACCESS. Access to a state highway, county road or city street of not less than 40 feet in width by a connecting access of not less than 30 feet in width; the connecting access being owned by the owner of the parcel or parcels to which it furnishes access or irrevocable easement for the permanent use of such parcel or parcels.

ACT or SUBDIVISION MAP ACT. The California Subdivision Map Act, being Cal. Gov't Code §§ 66410 et seq. ARTERIAL. A street that serves a large volume of vehicular traffic with intersections at grade and direct access to abutting property, and on which geometric design and traffic-control measures are used to expedite the safe movement of through traffic.

CERTIFICATE OF COMPLIANCE. A document issued by the Riverbank Director of Planning which certifies that real property has been divided or resulted from a division in compliance with all applicable city ordinances regulating the division of real property and Subdivision Map Act applicable at the time the parcel(s) of real property were divided or resulted from such division.

COLLECTOR STREET. A street that serves abutting property and carries residential traffic from local streets to the arterials and highways and includes:

• (1) Principal entrance streets to a residential neighborhood.

• (2) Streets for circulation within a development.

• (3) Streets adjoining traffic generators:

• (a) Schools, churches and meeting places.

• (b) Housing complexes of medium and high density.

• (c) Neighborhood shopping centers.

CONTROL OF ACCESS. The condition where the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with the street or highway is fully or partially controlled by a public authority.

(1) Full control of access means that the authority to control access is exercised to give preference to through traffic by providing access connections with selected public roads only and prohibiting crossings at grade or direct private driveway connections,

(2) Partial control of access means that the authority to control access is exercised to give preference to through traffic to a degree that in addition to through access connections with selected public roads, there may be some crossings at grade and some private driveway connections.

CUL-DE-SAC. A dead-end street with a turn-around at the closed end.

DESIGN.

• (1) Street alignments, grades and widths.

• (2) Drainage and sanitary facilities and utilities, including alignments and grades thereof.

• (3) Location and size of all required easements and rights-of-way.

• (4) Fire roads and firebreaks.

• (5) Lot size and configuration.

• (6) Traffic access.

• (7) Grading.

• (8) Land to be dedicated to park or recreational purposes.

(9) Such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with or implementation of the general plan.

DESIGNATED REMAINDER. The portion of any unit or units of improved or unimproved land that is designated as a remainder by the subdivider and which is not divided for the purpose of sale, lease, or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required.

(1) For a designated remainder parcel, the fulfillment of construction requirements for improvements shall not be required until a permit or other grant of approval for development of the remainder parcel is issued by the city or until the construction of the improvements is required pursuant to an agreement between the subdivider and the city. In the absence of an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the city that fulfillment of the construction requirements is necessary for reasons of:

• (a) The public health and safety; or

(b) The required construction is a necessary prerequisite to the orderly development of the surrounding area.

(2) A designated remainder may subsequently be sold without any further requirement of the filing of a parcel map or final map, but a certificate of compliance or conditional certificate of compliance shall be required.

DEVELOPMENT. The uses to which the land which is the subject of the map shall be put, the buildings to be constructed on it and all alterations of the land and construction incident thereto.

EXPRESSWAY. A divided street or highway which serves large volumes of through traffic with full or partial control of access.

FINAL MAP. A subdivision map creating five or more parcels, except as noted in Cal. Gov't Code §§ 66426(a), (b), (c), and (d), prepared in accordance with the provisions of this chapter and in the Subdivision Map Act, which is designed to be placed on record in the office of the County Recorder.

FREEWAY. An expressway with full control of access and with grade crossings eliminated.

IMPROVEMENT. Refers to any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, 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. Improvement also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity, by the city, or by a combination thereof, is necessary or convenient to insure consistency with or implementation of the general plan.

cedent to the approval and acceptance of the final map thereof. Improvement also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity, by the city, or by a combination thereof, is necessary or convenient to insure consistency with or implementation of the general plan.

LOCAL STREET. A street that serves the local needs of residential properties in a neighborhood and is so designed to serve not more than 50 dwelling units between streets or a higher traffic classification.

LOT. A parcel or portion of land separated from other parcels or portions by description as on a final or parcel map or by metes and bounds for the purpose of sale, lease, financing or separate use.

MINOR INDUSTRIAL STREET. A street that serves the local needs of industrial properties and is designed to accommodate truck traffic.

OWNER. The individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.

PARCEL MAP. A subdivision map creating four or less parcels or a subdivision described in Cal. Gov't Code §§ 66426 (a), (b), (c), and (d), prepared in accordance with the provisions of this chapter and the Subdivision Map Act which is designed to be placed on record in the office of the County Recorder.

SHALL, MAY. The word “shall” is mandatory. “May” is permissive.

SUBDIVIDER. A person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or 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 land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement, or railroad rights-of-way. SUBDIVISION includes a condominium project, as defined in Cal. Civil Code § 1351(f), a community apartment project, as defined in Cal. Civil Code § 1351(d), or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Cal. Civil Code § 1351(m).

(Cal. Gov't Code § 66424)

SUBDIVISION MAP ACT. See ACT .

TENTATIVE MAP. A map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.

(Cal. Gov't Code § 66424.5(a))

TENTATIVE PARCEL MAP. A tentative map of a proposed subdivision into four or fewer parcels and which meets the requirements of §§ 152.090 through 152.098.

VESTING TENTATIVE MAP. A map which meets the requirements of Cal. Gov't Code § 66452(a).

(Cal. Gov't Code § 66424.5(b))

VESTING TENTATIVE PARCEL MAP. A map which meets all of the requirements of §§ 152.090 through 152.098 and which has printed conspicuously on its face the words “Vesting Tentative Parcel Map”. (`67 Code, § 11-2-1) (Ord. 89-09, passed 11-27-89)

This chapter is enacted for the purpose of adopting subdivision regulations, under the authority of and in accordance with the provisions of Cal. Gov't Code §§ 66410 et seq. , and any future amendment thereto, referred to herein as the Subdivision Map Act, and in addition to any other regulations provided by law. (`67 Code, § 11-1-1)

The Riverbank Planning Commission, hereinafter referred to as the Planning Commission, is hereby designated as the Advisory Agency for land divisions, excepting lot line adjustments. The Community Development Director is

hereby designated as the acting authority for lot line adjustments in accordance with the provisions of this chapter. The Advisory Agency is charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property and the imposing of conditions or requirements thereon. The Planning Commission shall have the power, the authority, and the duty with respect to tentative maps, final maps, and parcel maps which are specified in this chapter.

(`67 Code, § 11-1-2) (Am. Ord. 99-01, passed 2-8-99)

The Council shall have all the authority, powers and duties with respect to tentative maps, final maps, parcel maps, and the procedure relating thereto, which are specified by the law and by the provisions of this chapter. (`67 Code, § 11-1-3)

It shall be unlawful for any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity, as a principal, agent, or otherwise to;

(A) Divide real property in any manner that shall constitute a subdivision unless and until all the requirements of this chapter have been complied with, or

(B) Sell, lease or divide for purposes of financing or contract, any division of land that shall constitute a subdivision, unless and until all the requirements of this chapter have been complied with or unless the offer to sell, lease or divide is expressly conditioned upon compliance with this Chapter and the Subdivision Map Act. This shall not be construed to prohibit the sale of any lot or parcel of land which is of record as a lot or parcel of land on the effective date of this chapter.

(`67 Code, § 11-1-4)

When any provision of the Subdivision Map Act or of this chapter requires the execution of any certificate or affidavit or the performance of any act by a person in his official capacity who is also a subdivider or an agent or employee thereof, such certificate or affidavit shall be executed or such act shall be performed by some other person duly qualified therefor and designated so to act by the Council.

(`67 Code, § 11-1-5)

Any application or request which has been denied wholly or in part by the Planning Commission or by the City Council shall not be resubmitted for a period of one year from the date the order of denial became final, except on grounds of new evidence or proof of changed conditions found to be valid by the Planning Commission or the City Council, whichever is the final decision making body.

(`67 Code, § 11-1-7)

(A) For all new mobile home park developments, apartment developments, and subdivisions contemplating residential use, a mandatory condition of any approval or permits pertinent thereto shall be the performance of

trenching and backfilling necessary for the provision of cable television service, including furnishing of any imported backfill material required.

(B) The CATV franchisee shall provide plans and specifications and shall install the facilities required and certify to the city, prior to the final approval of the subdivision or development, that facilities required herein are properly installed. The city shall have the right to review and require its approval of the maps and specifications provided by the CATV franchise.

(`67 Code, § 11-1-8)

This chapter shall be inapplicable to:

(A) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks.

• (B) Mineral, oil, or gas leases.

• (C) Land dedicated for cemetery purposes under Cal. Health & Safety Code §§ 8550 et seq .

• (Cal. Gov't Code, § 66412)

(D) A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created subject to the following limitations:

(1) An application for a lot line adjustment shall be submitted to the Community Development Department on the application form provided by the city. A lot line adjustment application shall include the required maps and other information as identified on the application form provided by the city, together with any application processing fee as may be established by the City Council.

(2) The Community Development Director in conjunction with the City Engineer shall be responsible for reviewing a lot line adjustment application. The Community Deveopment Director shall be responsible for acting on lot line adjustment applications. Conditions may be imposed upon a lot line adjustment to ensure conformity with city zoning and building ordinances or to facilitate the relocation of existing utilities, infrastructure, or easements. The decision of the Community Development Director may be appealed to the Planning Commission as provided for elsewhere in this code.

(3) The following finding shall be made at the time of approval of a lot line adjustment application: “The proposed lot line adjustment, as approved by the city, is in conformance with the city zoning code and building ordinances and the Subdivision Map Act.”

(4) The Community Development Director may establish administrative procedures for the review and processing of lot line adjustment applications as necessary to implement the requirements of this chapter.

(5) The lot line adjustment shall be reflected in a deed or record of survey which shall be recorded. No parcel map shall be required but may be filed at the owner's discretion.

(`67 Code, § 11-1-9) (Am. Ord. 99-01, passed 2-8-99)

(E) Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.

(F) Any separate assessment under Cal. Rev. & Tax. Code § 2188.7.

(G) Unless a parcel or final map was approved by the legislative body of a local agency, the conversion of a community apartment project, as defined in Cal. Bus. & Prof. Code § 11004, to a condominium, as defined in Cal. Civil Code § 783, but only if all of the following requirements are met:

(1) At least 75% of the units in the project were occupied by record owners of the project on March 31, 1982;

(2) A final or parcel map of the project was properly recorded, if the property was subdivided, as defined in Section 66424, after January 1, 1964, with all of the conditions of that map remaining in effect after the conversion;

(3) The local agency certifies that the above requirements were satisfied if the local agency, by ordinance, provides for that certification.

(H) Unless a parcel or final map was approved by the legislative body of a local agency, the conversion of a stock cooperative, as defined in Cal. Bus. & Prof. Code § 11003.2, to a condominium, as defined in Cal. Civ. Code § 783, but only if all of the following requirements are met:

(1) At least 51% of the units in the cooperative were occupied by stockholders of the cooperative on January 1, 1981, or individually owned by stockholders of the cooperative on January 1, 1981. As used in this division, a cooperative unit is INDIVIDUALLY OWNED if and only if the stockholder of that unit owns or partially owns an interest in no more than one unit in the cooperative;

(2) No more than 25% of the shares of the cooperative were owned by any one person, as defined in Cal. Gov't Code § 17, including an incorporator or director of the cooperative, on January 1, 1981;

(3) A person renting a unit in a cooperative shall be entitled at the time of conversion to all tenant rights in state or local law, including but not limited to rights respecting first refusal, notice, and displacement and relocation benefits;

(4) The local agency certifies that the above requirements were satisfied if the local agency, by ordinance, provides for that certification;

(I) The leasing of or the granting of an easement to a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a windpowered electrical generation device on the land, if the project is subject to discretionary action by the advisory agency or legislative body.

(J) The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Cal. Pub. Util. Code § 234, exclusively for the placement and operation of cellular radio transmission facilities, including but not limited to antennae support structures, microwave dishes, structures to house cellular communi-cations transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the advisory agency or legislative body.

(K) Leases of agricultural land for agricultural purposes. As used in this division, AGRI-CULTURAL PURPOSES means the cultivation of food or fiber or the grazing or pasturing of livestock.

(Cal. Gov't Code § 66412)

(L) (1) The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other local agency ordinances regulating design and improvement.

(2) The financing or leasing of existing separate commercial or industrial buildings on a single parcel. (Cal. Gov't Code § 66412.1)

(M) The construction, financing, or leasing of dwelling units pursuant to Cal. Gov't Code § 65852.1 or second units pursuant to Cal. Gov't Code § 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units.

(Cal. Gov't Code § 66412.2)

This chapter shall not be construed to exempt property from compliance with Chapter 153 of the city code. (`67 Code, § 11-1-10) (Ord. 89-09, passed 11-27-89)

Subdivisions located in Flood Hazard Zones as defined in Chapter 151, § 151.05 shall not be approved until the applicable findings required in Chapter 153, § 153.382: 200-Year Flood Protection have been made. (Ord. 2016-006, passed 9-13-16)

GENERAL DESIGN REGULATIONS

All improvements shall conform to the requirements contained in the Standard Specifications of the city prepared by the City Engineer, recommended by the Planning Commission, and adopted by the City Council as the same now exists or may hereafter be amended. Copies of the Standard Specifications shall be maintained on file in the offices of the City Clerk, Planning Commission and City Engineer.

(`67 Code, § 11-3-1)

(A) Street design. Street design shall conform in principle to the streets shown on the circulation element of the general plan and in width and alignment to the streets shown on any precise plan adopted by the City Council relating to streets and shall conform to the requirements of this chapter.

(B) Dedication of land. The subdivider shall be required to dedicate all land necessary for street purposes as shown on the general plan or any precise plan or to conform to the provisions of this chapter.

(C) Improvements. Improvements shall be made to conform to the requirements of the City Council and to the Standard Specifications.

(D) Location. The location of a freeway, expressway, arterial or collector street shall be as shown on the general plan, a precise plan, or as otherwise designated by the City Council.

(E) The street system. In the proposed subdivision, streets shall relate functionally to the existing streets in the area adjoining the subdivision.

(F) The centerlines. The centerlines of all streets wherever practicable shall be the continuation of the centerline of existing streets, or shall be offset at least 100 feet.

(G) Street intersection. Intersections shall not be at such an angle that the intersection is dangerous or awkward. (H) Cul-de-sac or dead-end streets. Dead-end streets where necessary to give access to, or permit a satisfactory future subdivision of adjoining land, shall extend to the boundary of the property and the resulting dead-end street may be approved without a turn-around. In all other districts a cul-de-sac or a comparable area in another form shall be required, separated to the depth of one lot from the exterior boundary line or other topographical feature of the subdivision. No dead-end street shall be more than 500 feet in length.

(I) Curve radius. The centerline curve radius of all streets and highways shall conform to accepted engineering standards of design and shall be subject to the approval of the Engineer but shall not be less than 50 feet.

(J) Rounding of intersection corners. At all street intersections the block corners shall be rounded at the property line with a curve having a radius of not less than 20 feet. Where street intersections are not at right angles, greater curve radius may be required.

(K) Grades. No streets or highways shall have a grade of more than 6%, or less than 0.15%, except when approved by the City Engineer.

(L) Street names. All street names shall be approved by the City Council. Duplication of existing names within the county will not be allowed unless the streets are obviously in alignment with existing streets and likely to sometime be

a continuation of the other street. At least one street in each subdivision is encouraged to be named after an historically prominent city resident from a list as approved by the Planning Commission from time to time.

(M) Street name signs. Each subdivider shall pay to the city at the time of approval of the final map as condition of such approval an amount for each street name sign required in the subdivision.

(N) Street improvements. The following street improvements shall be required on streets which are along and adjacent to the boundary of a subdivision:

(1) Regardless of any other provisions in this division, a street which is fronting city-owned property shall be constructed by the developer to its full width including curbs, gutters, sidewalks, storm drainage, and pavement. Provision shall be made to reimburse the developer for the cost of construction of any facilities not required by the subdivision.

(2) Existing streets with a planned right-of-way width of 60 feet or less. The street shall be constructed with full street improvements to the centerline of the existing street. Improvement of the street past the centerline will only be required when the other driving lane is inadequate to serve the needs of the proposed subdivision.

(3) New streets with a planned right-of-way width of 60 feet or less. The street shall be constructed to a 40-foot part-width standard to provide for two driving lanes, one parking lane and curb, gutter and sidewalk adjacent to the parking lane.

(a) Any part-width street so approved shall be at least 40 feet in width unless the City Council approves a lesser width as set forth in Cal. Streets & Highways Code § 1805. Such approval for a part-width street of less than 40 feet shall be based on the following factors:

1. The extension of the street is along a property line which forms the boundary of the subdivision and the necessary width for a 40-foot part-width street; is not dedicated and the City Council decides not to pursue dedication; or is not dedicated and the City Council cannot obtain title to the property within 120 days of approval of the map.

2. Adherence to the 40-foot part-width standards would create an off-set in the center of the subdivision.

3. The public interest in having a street without an off-set in the centerline thereof outweighs the general public policy, set forth above, in having all part-width streets a minimum of 40 feet in width.

(b) In cases in which a part-width street is allowed that is less than 40 feet in width, on-street parking may be prohibited until such time as a minimum of 40 feet of the street is improved.

(4) New streets with a planned right-of-way width of more than 60 feet. The street shall be fully constructed from the centerline of the street to the property being subdivided.

(O) Streets and highways. Streets and highways not shown on any other master street and highway plan or not affected by proceedings initiated by the Council shall not be of less width than those set forth herein. Increased widths may be required when streets are to serve commercial property or when probable traffic conditions warrant such. Approval or determination of the required width, in the absence of an approved master plan of streets and highways, shall be made by the City Council.

(P) Street widths.

(1) Freeways and expressways . Freeways and expressways shall have a right-of-way as determined by the Governmental Agency.

(2) Arterials. Arterials shall have a minimum of right-of-way as established in the circulation element of the general plan.

(3) Collector streets. Collector streets shall have a minimum right-of-way of 60 feet and a minimum paved width of 40 feet between curb faces.

(4) Local streets. Local streets shall have a minimum right-of-way of 50 feet and a minimum paved street width of 36 feet between curb faces.

(5) Minor industrial streets. Minor industrial streets shall have a minimum right-of-way of 60 feet and a minimum paved street width of 50 feet.

(6) Cul-de-sac. A cul-de-sac shall have a maximum length of 500 feet measured from the centerline of the intersecting street to the center of the turnaround. The radius of the turn-around at the property lines shall be 50 feet. Right-of-way and street width of a cul-de-sac shall conform to that of a local street.

(`67 Code, § 11-3-2)

(A) Alleys shall be prohibited in residential subdivisions except when approved or required by the City Council for any one of the following reasons:

• (1) To widen an existing part-width alley which has been dedicated and approved in an adjacent subdivision;

• (2) To complete the continuity of existing alleys where the property to be subdivided is located adjacent to existing blocks containing alleys;

• (3) The special nature of the design or density of a residential subdivision where dwellings are to be grouped in such a manner as to require access from other than street frontage;

• (4) The relationship to existing or proposed adjacent commercial, industrial, or high density residential development, or adjacent railroad, canal rights-of-way or other physical barrier;

• (5) The unusual size, shape or topographical character of the property to be subdivided.

• (B) Alleys shall be a minimum of 20 feet in width.

• (C) Where two alleys intersect, ten-foot corner cut-offs measured along the property lines from the point of intersection will be required.

• (D) Alleys shall be so laid out and aligned as to provide reasonable access for utilities and other services.

• (E) Alleys shall be improved in accordance with the requirements of the Standard Specifications .

• (`67 Code, § 11-3-3)

(A) Acre or large lot subdivisions. Where a parcel is first subdivided into large lots of such size that they can be further subdivided and conform to all requirements of this chapter, the design shall be of such form as to provide for the future opening of arterials and collector streets and for the ultimate extension and opening of local streets at such intervals as will permit a subsequent division of any parcel into smaller lots.

(B) Block lengths. Block lengths shall not exceed 1,000 feet unless existing conditions warrant a variance. Long blocks along arterials and highways may be required to reduce the number of intersections.

(C) Blocks. Blocks shall be of sufficient width to permit the platting of two tiers of lots of normal depth, except where blocks are adjacent to arterials, freeways, or expressways. Such lots shall be created to back up to such street and front onto a residential or collector street and access rights to such arterial, freeway, or expressway shall be waived by the subdivider. The City Council may grant an exception to these provisions to permit through lots which are to be developed with uses facing both streets when it is determined that such exception is warranted by the circumstances of a particular subdivision and is in compliance with an existing zoning classification. (`67 Code, § 11-3-4)

(A) Minimum frontage and depth requirements shall be as set forth in Chapter 153 of this code. Minimum lot frontage shall be measured at the building setback line.

• (B) The side lines of all lots shall be at right angles to the street on which they front, wherever possible.

• (C) The depth of lots shall not exceed the road frontage by more than three times.

(D) All lots or parcels being created must front with access on a city street or state highway.

(`67 Code, § 11-3-5)

(A) The subdivider shall grant easements for public utility uses along lot lines where necessary for the extension of any such utility and for the relocation of existing public utility facilities.

(B) Where streets are less than 60 feet in width, additional easements for planting may be required.

(C) Dedication of easements shall be for the purpose of installing utilities, both privately- and publicly-owned, planting strips and other public purposes as may be ordered by the City Council.

(D) No persons other than a public utility shall erect, construct or place any building or structure except fences or walls on any public utility easement. No person shall permit or allow vines or other climbing plant materials to become attached to public utility poles. It shall be the responsibility of the owner and/or occupant of real property to maintain any public utility easement area located thereon in such manner that its condition will not interfere with the proper operation and maintenance of public utility facilities located thereon. Any public utility using such easement, its representatives, agents or employees shall have the right to trim or top such trees or shrubs growing within or overhanging the easement as may endanger or interfere with public utility facilities constructed therein and may have free access to the public utility facilities and every part thereof at all times for the purpose of constructing, operating and maintaining the public utility facilities.

(E) Easements shall be located and designed in subdivisions to provide for reasonable, practical and useful placement, replacement, enlargement, repair and maintenance of utility facilities. (`67 Code, § 11-3-6)

(A) All utility distribution facilities and lines including but not limited to gas, water, sewer, electrical communications, street lighting and cable television shall be installed underground, except that overhead utility lines may be permitted when it is determined by the City Council that such facilities are designed to serve areas larger than that being subdivided and that it is impractical to locate such facilities underground.

(1) When overhead lines are approved by the City Council they shall extend along alleys, side lot, rear yard, or privately-owned easements, whichever is possible, except where such overhead lines cross streets, or must be located outside of easements for good and sufficient reasons as determined by the City Council.

(2) Overhead service to lots abutting existing overhead lines is permitted where no extension of overhead lines is required.

(B) Street lighting standards, underground cables or conduit and conductors and all materials and appurtenances necessary shall be installed of a design and at a location approved by the City Engineer and in accordance with the Standard Specifications .

(C) It shall be the responsibility of the subdivider to insure that utilities are installed in compliance with the requirements of this section. He shall make the necessary arrangements with the companies or other agencies for such installation, according to the specifications of the governing agency. For the purpose of this section, appurtenances and associated equipment such as but not limited to, surface mounted switches, transformers, pedestal mounted terminal boxes and meter cabinets may be placed aboveground.

(`67 Code, § 11-3-7)

When a subdivision is developed adjacent to a freeway or expressway as shown on the general plan, the City Council may require the subdivider to dedicate and improve a frontage road to provide ingress and egress to adjacent lots or to create backup lots which front upon an interior residential street and back up to such freeway or expressway. When backup lots are created the subdivider shall waive direct access rights from the lots to the freeway or expressway and shall construct a masonry wall, fence or other suitable barrier as required by the City Council between the subdivision and the adjacent freeway or expressway.

(`67 Code, § 11-3-8)

The subdivider shall, subject to riparian rights, dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural watercourse or channel, stream or creek that traverses the subdivision, or at the option of the subdivider, provide by dedication, further and sufficient easements or construction, or both, to dispose of such surface and storm water.

(`67 Code, § 11-3-9)

Provisions shall be made for adequate sewage disposal by:

(A) Connection to sanitary sewer when available by the installation of a main lateral to the boundary of the subdivision and service laterals to the property line of each lot. The design and specifications of sewer construction shall be consistent with the Standard Specifications .

(B) Where septic tanks existed prior to November 1, 1981, or existed on property annexed to the city subsequent to that date, they may remain until failure, at which time connection to sanitary sewer shall be required, if available.

(C) Whenever the city, by ordinance, has adopted a sanitary sewer plan for a particular local sanitary sewer area, pursuant to Cal. Gov't Code § 66483, each subdivider filing a final map or parcel map for the division of such area and the tentative map of which is filed after the effective date of the addition of this division, shall pay to the city at the time of the filing of the final map or parcel map, as a condition of approval thereof, such fees as may be required by the ordinance. The Council may, by resolutions or agreements adopted or entered into, from time to time, establish conditions under which such fees may be spread over a period of time.

(D) At the time of filing of the final map or parcel map, the subdivider shall pay to the city such sewer connection fees and front foot assessments as required by § 51.03 of this city code or as required by future amendments approved by ordinance or resolution of the City Council.

(`67 Code, § 11-3-10)

(A) Requirements. As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.

(B) Standards and formula for reservation of land. Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan, the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the definite principles and standards contained in the

above specific plan or general plan. The requirements and procedures as outlined in Cal. Gov't Code §§ 66479 et seq. shall be followed.

(`67 Code, § 11-3-11)

(A) Requirement. As a condition of approval of a tentative map or tentative parcel map, a subdivider who develops or completes the development of one or more subdivisions within the Riverbank or Sylvan Elementary School District shall dedicate to the school district such lands as the Council shall deem to be necessary for the purpose of construction of schools necessary to assure the residents of the subdivision adequate elementary school service.

(B) Procedure. The procedure for dedication and reimbursement shall be as provided by the Subdivision Map Act.

(C) Certificate. The school district to which the property is dedicated shall record a certificate as required in Cal. Gov't Code § 66478.

(`67 Code, § 11-3-12)

(A) Purpose. This section is enacted pursuant to the authority granted by Cal. Gov't Code § 66477. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the recreational element of the general plan of the city, as revised on January 9, 1987.

(B) Requirements. As a condition of approval of a parcel map or tentative map, the subdivider shall dedicate and develop land, pay a fee in lieu thereof, or both, at the option of the city for park or recreational purposes at the time, and according to the standards and formula contained in this section.

(1) The subdivider shall without credit:

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

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

(c) Provide improved drainage through the site; and

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

(2) Access. All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street that will provide access to the park or recreational facility by the time that the facility is completed.

(C) General standards. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that five acres of property for each 1,000 persons residing within this city be devoted to local park and recreational purposes. Two and one-half acres shall be allocated for community parks and two and one-half acres shall be allocated for neighborhood parks.

• (D) Standards and formula for dedication of land.

(1) Where a park or recreational facility has been designated in the recreation element of the general plan of the city, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the standards and formula listed below. If the amount of land needed for the park according to the recreational element exceeds the amount of land to be dedicated according to the formula, the city shall pay compensation in an amount as

determined pursuant to Cal. Code Civ. Proc. §§ 1260.010 et seq. and §§ 1263.010 et seq . The formula for determining acreage to be dedicated shall be as follows:

(2) Dedication of the land shall be made in accordance with the procedures contained in § 152.036 hereof.

(E) Formula for fees in lieu of land dedication.

(1) General formula. If there is no park or recreational facility designated in the city's recreation element to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in division (D) thereof and in an amount determined, in accordance with the provisions of this division (F).

(2) Fifty parcels or less. If the proposed subdivision contains 50 parcels or less, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in division (D) hereof and in an amount determined in accordance with the provisions of division (F) hereof.

(3) Use of money. The money collected hereunder shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land and/or the improving of such land for park and recreational purposes.

(Ord. 89-09, passed 11-27-89)

(4) Sale of dedicated land. If, during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the City Council upon review of a recommendation from the Community Development Department and City Manager, with the resultant funds being used for purchase of a more suitable site.

(F) Amount of fee in lieu of land dedication.

(1) Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair-market value of the amount of land which would otherwise be required to be dedicated pursuant to division (D) hereof. The fair market value of land shall be determined by the city with a written appraisal prepared and signed by a qualified real estate appraiser acceptable to the city. The appraisal shall be made immediately prior to the filing of the final parcel map or tentative subdivision map. If more than one year elapses between the preparation of the appraisal and the filing of the final parcel map or tentative subdivision map, the city shall cause a new appraisal to be prepared. All costs associated with obtaining the appraisal and the reappraisal, if necessary, shall be borne by the subdivider. (Ord. 90-05, passed 4-23-90)

ling of the final parcel map or tentative subdivision map. If more than one year elapses between the preparation of the appraisal and the filing of the final parcel map or tentative subdivision map, the city shall cause a new appraisal to be prepared. All costs associated with obtaining the appraisal and the reappraisal, if necessary, shall be borne by the subdivider. (Ord. 90-05, passed 4-23-90)

(2) The city declares its intention that fair market value of land for the purchase of park land identified as a park site shall be presumed to be that value which would exist on the property were it not contemplated for development within the next ten years, rather than appraisals calculated on lost value based on the anticipated or prospective worth of land potentially or currently available for urban development.

(G) Criteria for requiring both dedication and fee. The subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

(1) When only a portion of the land to be subdivided is proposed on the recreational element as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of division (E) hereof shall be paid for any additional land that would have been required to be dedicated pursuant to division (D) hereof.

(2) When a major part of the local park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provisions of division (E) hereof shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to division (D) hereof, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.

(H) Determination of land or fee. Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, such shall be determined by consideration of the following:

• (1) Recreational element of the city's general plan.

• (2) Topography, geology, access and location of land in the subdivision available for dedication.

• (3) Size and shape of the subdivision and land available for dedication.

• (4) The feasibility of dedication.

• (5) Compatibility of dedication with the recreation element.

• (6) Availability of previously acquired park property.

• (7) Availability of other, equally suitable sites for park property.

(I) Credit for private open spaces, partial credit. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately-owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50%, may be given against the requirements of land dedication or

payment of fees in lieu thereof, if the city finds that it is in the public interest to do so and that all the following standards are met:

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

(2) The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions.

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

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

• (5) Facilities proposed for the open space are in substantial accordance with the provisions of the general plan.

• (6) The open space for which credit is given is a minimum of two acres and provides some of the local park basic elements listed below:

• (a) Children's play apparatus area.

• (b) Landscape park-like and quiet areas.

• (c) Family picnic area.

• (d) Game court area.

• (e) Turf playfield.

(J) Procedure. At the time of approval of the tentative parcel map, or tentative subdivision map, the Planning Commission (or City Council in the case of a tentative subdivision map) shall determine pursuant to division (D) hereof, the land to be dedicated and/or fees to be paid by the subdivider. At the time of the filing of the parcel map, the

subdivider shall dedicate the land and/or pay the fees as previously determined by the Commission or Council. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final parcel map and shall be recorded contemporaneously with the final map. In the case of land zoned R-2, R-3, when the ultimate number of dwelling units is unknown, no park-in-lieu fee shall be collected at the time of filing the final map. When a building permit is obtained on the parcel so created for which no park-in-lieu fee has been collected, the fee shall be computed pursuant to division (D) hereof shall be collected prior to issuance of the building permit.

(K) Commencement of development. At the time of approval of the final parcel map, the City Council shall specify when development of the park or recreational facilities shall be commenced. Fees collected shall be committed within five years after payment of such fees.

(L) Exemptions. The provisions of this section shall not apply to subdivisions containing less than five parcels and not used for residential purposes, provided, however, that if a building permit is requested for construction of a residential structure or structures, the fees may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. The provisions of this division also shall not apply to commercial or industrial subdivisions or to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old, when no new dwelling units are added. (`67 Code, § 11-3-13) (Am. Ord. 99-06, passed 6-28-99)

(A) Positive storm drainage facilities shall be installed as deemed necessary by the City Engineer to provide for the removal of surface water. Such drainage facilities shall be of a character and design approved by the City Engineer and in accordance with the requirements of the Standard Specifications referred to in § 152.025 hereof, in order to insure proper grading and erosion control including the prevention of sedimentation or damage to off-site property. Dry wells shall not be permitted as a drainage facility.

(B) Whenever the city, by ordinance, has adopted a drainage plan for a particular drainage area, pursuant to Cal. Gov't Code § 66483, each subdivider filing a final map or parcel map for the division of land, any part of which is located within the boundaries of such a drainage area and the tentative map of which is filed after the effective date of the addition of this subsection, shall pay to the city at the time of the filing of the parcel map, as a condition of approval thereof, such fees as may be required by the ordinance. The Council may, by resolutions or agreements adopted or entered into from time to time, establish conditions under which such fees may be spread over a period of time.

(`67 Code, § 11-3-14)

Each subdivider of a subdivision, the tentative map of which is approved by the Commission after the effective date of this section, shall provide, as part of the improvements of the subdivision, street trees. An amount equal to the cost of furnishing, locating, planting and fertilizing street trees and providing and installing supports for street trees in such subdivision shall be provided. Street trees shall be planted and maintained in accordance with the provisions of Chapter 96 of this code and any pertinent policies adopted by the City Council. (`67 Code, § 11-3-15)

Provisions shall be made for any and all railroad crossings necessary to provide access to or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the California State

Public Utilities Commission for the establishment and improvement of such crossing. The cost of such railroad crossing improvement shall be borne by the subdivider unless, subsequent to adoption of this ordinance, fees for this purpose have been imposed and adequate funds have been collected to improve the crossing. (`67 Code, § 11-3-16)

(A) At the time of making the survey for the final map, the engineer 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.

(B) Permanent monuments as required by the Subdivision Map Act and the Standard Specifications of the city shall be set except where such monuments already exist in the proper positions. (`67 Code, § 11-3-17)

The design of a subdivision for which a tentative map or tentative parcel map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision pursuant to Cal. Gov't Code § 66473.1.

The subdivider shall confer with local postal authorities to determine whether cluster mailboxes will be required. If clustering is not required, the subdivider shall provide a letter from the Postmaster stating the exemption. If clustering is required, proposed easements or other provisions shall be included on the tentative subdivision map or tentative parcel map. The final map shall include these provisions as approved. The improvement plans shall include provision of concrete pads with necessary hardware (at the developers expense) to allow the post office to attach their mailboxes. The location of such units shall be approved by the local postal service and the Public Works Department. (`67 Code, § 11-3-19)

All water and sewer lot services shall extend two feet past the sidewalk and shall be between three and five feet of one interior side property line of each lot in the subdivision.

(`67 Code, § 11-3-20) (Ord. 89-09, passed 11-27-89)

TENTATIVE MAPS FOR SUBDIVISIONS OTHER THAN PARCEL MAPS

(A) A tentative map and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Cal. Civil 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 citymaintained street, road, or highway and no dedications or improvements are required by the City Council;

(2) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a citymaintained street, road or highway;

(3) The land consists of a parcel or parcels of land having approved access to a city-maintained street, road or highway, which comprises part of a tract of land zoned for industrial development, and which has the approval of the governing body as to street alignments and widths;

(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 those subdivisions described in this section. (`67 Code, § 11-4-1)

(A) Copies of any requested tentative map and statement of the proposed subdivision of any land shall be filed with the Planning Commission at least six weeks (or such longer period as determined by the Community Development Director) prior to the regularly scheduled meeting at which considera-tion is desired. A filing fee as set forth by resolution of the City Council shall be paid at the time of filing.

(B) The secretary of the Planning Commission shall examine the map upon presentation and shall not accept such map unless the same is in full compliance with the law and the provisions of this chapter as to form, data, information, and other matters required to be shown thereon or furnished therewith. Maps shall be accepted which are not in full compliance if applications are concurrently submitted that would assure compliance. The map shall not be accepted as complete until the map is in full compliance. The exact requirements for submittal of a tentative map shall be available, in writing, to a subdivider at least 30 days prior to the deadline for submittal.

(C) The secretary of the Planning Commission shall transmit copies of such tentative map to interested and affected agencies. A copy shall be transmitted to each school district having jurisdiction over the area shown on the tentative map.

(D) The department or agency receiving a copy of the map may notify, within 15 days of receipt thereof, the secretary of the Planning Commission of particulars which do not conform to requirements coming within its authorized scope. In the case of school districts, they shall respond within 20 working days of the date on which the notice was mailed. If a reply is not received within the time periods listed above, it will be assumed that the agency approved its form.

(E) Prior to the presentation of a formal tentative map, the subdivider is encouraged to present sketches of his proposal to the Planning Department. However, such a preliminary sketch is not to be construed as a tentative map. Where only a portion of a larger area is to be subdivided at this time and the balance planned for future subdivision, the Commission may require a map showing the proposed street layout within the entire area. Such a map is not a tentative map but is to be used as a guide for the tentative map under consideration and future maps of that area. (F) Upon submittal of a tentative map of unincorporated territory, no further action may be taken and the map may not be accepted as complete (at the discretion of the City Council) until the territory has been annexed to the city. (`67 Code, § 11-4-2)

The form of the tentative map shall be as determined from time to time by the Planning Department and shall be available, in writing, to the subdivider at least 30 days prior to the final date for submittal of the map. (`67 Code, § 11-4-3)

A statement shall be presented by the subdivider in writing accompanying the map stating:

(A) Proposed use of property. If more than one use, the area, lots or lot proposed for each type of use shall be shown on the tentative map.

• (B) Statement of the improvements and public utilities proposed to be installed.

• (C) Proposed plan for drainage.

• (D) Proposed plan for sewerage and sewage disposal.

• (E) Provisions for water supply, both domestic and fire protection. Provisions for fire protection shall be approved by the Fire Department District.

• (F) Type of location of street lighting proposed.

• (G) A copy of any existing or proposed restrictive easements and public areas.

(H) Justification and reasons for any exceptions to provisions of this chapter or for any amendment to the zoning law, which may be requested in conjunction with the subdivision proposed.

(`67 Code, § 11-4-4)

(A) Public hearings.

• (1) Whenever a tentative map is submitted to the Planning Commission for review, the Planning Commission

shall give notice of the hearing not less than ten days before the date of the hearing in the following manner:

• (a) By publication in a newspaper of general circulation in the city; and

• (b) By mailing the notice to the owners of all real property within 300 feet of the property which is the subject of the application.

(2) If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the notice shall also be given by mail to each tenant of the subject property and shall also include notification of the tenant's right to appear and be heard.

(B) Time limits.

(1) The Planning Commission shall review and make a written report on the tentative map within 50 days after it has been accepted for filing by the secretary of the Planning Commission.

(2) At the next regular meeting of the City Council following filing of the Planning Commission report with it, the City Council shall fix the meeting date at which the tentative map will be considered by it, which date shall be within 30 days thereafter and the City Council shall approve, conditionally approve, or disapprove the tentative map within such, 30-day period. If no action is taken on the tentative map within the above time limits, or any authorized extension thereof, the tentative map as filed, shall be deemed to be approved, insofar as it complies with other applicable requirements of this chapter.

(3) The time limit for acting and reporting on tentative maps as specified in this section may be extended by mutual consent of the subdivider and the City Council.

(C) Notices to subdivider. Any report or recommendation on a tentative map by the staff or Planning Commission shall be served on the subdivider and on each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to the hearing on such map by the Planning Commission or City Council. Such required submission in writing shall be deemed complied with when such reports or recommendations are placed in the mail bearing proper postage, and directed to the subdivider at his address shown on the map or at other address as requested in writing.

(D) Findings. A tentative map shall not be approved or conditionally approved by the City Council unless the City Council finds that the proposed subdivision, together with the provisions for its design and improvements, is consistent with the general plan and applicable specific plans of the city.

(1) In connection with their review of a tentative map, the City Council shall determine whether the discharge of waste from the proposed subdivision into the existing sewer system would result in violation of existing requirements prescribed.

(2) The City Council shall consider the effect of its actions on the housing needs of the region in which the local jurisdiction is situated and balance those needs against the public service needs of the city's residents and available fiscal and environmental resources.

(3) A tentative map shall not be approved or conditionally approved by the City Council if it makes any of the following findings:

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

(b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

(c) That the site is not physically suitable for the type of development.

(d) That the site is not physically suitable for the proposed density of the development.

(e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

(f) That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

(g) That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision. In this connection, the City Council 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 division shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction.

(E) Public access to the Stanislaus River. No approval shall be granted for a tentative map of any proposed subdivision to be fronted upon the Stanislaus River which does not provide for a dedication of a public easement along a portion of the bank of the river bordering or lying within the proposed subdivision. Reasonable public access from a public highway to the Stanislaus River shall also be provided. These easements shall comply with the provisions of Cal. Gov't Code §§ 66478.1 et seq. and may be satisfied by using the existing United States Corps of Engineers easement.

(F) Subdivider to indemnify city. If any controversy exists regarding the approval of a tentative map, the tentative map shall include a condition that the subdivider defend, indemnify, and hold harmless the city and its agents, officers, and employees from any claim, action, or proceeding against the city or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City Council concerning the subdivision, provided that the action is brought within the time period provided for in Cal. Gov't Code § 66499.37. (`67 Code, § 11-4-5)

Whenever a tentative map for residential development is required under this chapter, a vesting tentative map may be filed instead. At the time such a map is filed, it shall have printed conspicuously on its face the words, “Vesting Tentative Map.”

(A) In addition to submitting all of the information normally required for a tentative map, the following information shall also be required with submittal of a vesting tentative map.

• (1) Grading plans, including relationship to grades of neighboring properties.

• (2) Typical height, size, and location of buildings.

• (3) Sewer, water, storm drain and road details.

• (4) Information on the use to which the buildings will be put.

(B) Except as otherwise specified in this section, a vesting tentative map shall be processed in the same manner as a tentative map.

(C) A vesting tentative map may be conditioned or denied if any of the findings listed in § 152.059(D) can be made or if it is determined that:

(1) Failure to condition or deny the map would place the residents of the subdivision or of the immediate community, or both, in a condition dangerous to their health or safety, or both; and/or

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

(D) When a vesting tentative map is approved or conditionally approved, that approval shall confer a vested right to proceed with development in substantial compliance with Cal. Gov't Code § 66474.2 or if that section is repealed, with all the ordinances, policies, and standards of the city in effect at the time the vesting tentative map is approved or conditionally approved.

(E) Approval of a vesting tentative map shall be for the same period as described in § 152.070 of this chapter. The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, the rights conferred by this section shall be subject to the periods of time set forth below.

(Ord. 89-09, passed 11-27-89)

(1) The rights conferred by a vesting tentative map shall last for an initial period of two years beyond the recording date of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the two-year initial time period shall begin for each phase when the final map for the phase is recorded.

(Ord. 93-07, passed 11-22-93)

(2) The initial time period shall be automatically extended by any time used by the city for processing a complete application for a grading permit or for design or architectural review, if the time used exceeds 30 days from the date that a complete application is filed.

(3) At any time prior to the expiration of the initial time period provided by this section, the subdivider may apply for a one year extension. If the Planning Commission denies the extension, the subdivider may appeal that denial to the City Council within 15 days.

(4) If the subdivider submits a complete application for a building permit during the initial time period, or any approved extension thereof, the rights conferred by a vesting tentative map shall continue until the expiration of that permit, or any extension of that permit granted by the city.

(F) Any time prior to the expiration of the vesting tentative map, the subdivider may apply for an amendment to the vesting tentative map. A request for amendment shall include review of the entire map under the ordinance, policies and standards in effect at the time of the requested amendment.

(Ord. 89-09, passed 11-27-89)

(`67 Code, § 11-4-6)

FINAL MAPS

(A) Expiration.

(1) Final maps of subdivisions of more than four parcels shall be filed for record within 24 months after approval or conditional approval of the tentative map. Delivery of a complete and correct map to the City Engineer shall be deemed a timely filing for purposes of this section.

(2) Upon written application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the Planning Commission may extend the time for filing a final map for a period or periods not exceeding an additional three years if it determines that conditions affecting the subdivision have not substantially changed. Such a request shall automatically extend the map for 60 days or until the application for extension is approved, conditionally approved, or denied, in any case where a final map has not been filed within 24 months or such extended period of time as may be granted by the Planning Commission, approval of a new tentative map shall be required.

(B) Multiple final maps.

(1) Multiple final maps of portions of an approved tentative map may be filed prior to the expiration of the tentative map if: the subdivider, at the time the tentative map is filed, informs the city of the subdivider's intention to file multiple final maps on such tentative map, or after filing of the tentative map, the city and the subdivider concur in the filing of multiple final maps.

(2) If the subdivider is subject to a requirement of $100,000 or more to construct, improve, or finance the construction or improvement of public improvements outside the boundaries of the tentative map, the filing of each multiple map as authorized by Cal. Gov't Code § 66456.1 shall extend the expiration of the tentative map by 36 months from the date of expiration or the date of the filing of the final map, whichever is later. There shall not be more than two such final maps (and automatic extensions) and the extensions shall not extend the tentative map more than ten years from its approval or conditional approval.

(`67 Code, § 11-5-1)

A tracing of the final map shall be filed with the City Clerk. The subdivider shall provide the city with the County Recorder's fee for recording the final map and shall pay to the city fees for checking the map and for preparing prints thereof, the amount of such fees to be set from time to time by resolution of the City Council. (`67 Code, § 11-5-2)

(A) The final map shall be clearly drawn, printed or reproduced by a process guaranteeing a permanent record as approved by the County Recorder. The map shall be so made and shall be in such condition when filed that good legible prints and negatives can be made therefrom.

(B) The final map shall contain a chapter consisting of the name of tract and subchapter or general description of all the property being subdivided with reference to maps which have been previously recorded. In no case shall the chapter be the same, or so nearly the same as to cause confusion as a name of any existing city, town, tract or subdivision of land of which a map has been previously recorded.

(C) Sufficient data must be shown to determine readily the bearing and length of every lot line, block line and boundary line. Dimensions of lots shall be given as total dimensions, corner to corner, and shall be shown in feet and hundredths of a foot. Lots containing one acre or more shall show total acreage to nearest hundredth, bearing and lengths of straight lines, and radii and arc length for all curves as may be necessary to determine the location of the centers of curves and tangent points shall be shown. Calculations of all nonrectangular lots shall be provided by the subdivider to ensure that city codes are met.

(D) The final map shall show clearly any stakes, monuments or other evidence found on the ground to determine the boundaries of the tract. The corners of adjoining subdivisions or portion thereof shall be identified by lot and block numbers, subdivision name and properties shown.

(1) Whenever the City Engineer has established the center line of a street or alley, adjacent to or in the proposed subdivision, the data shall be shown in the final map indicating all monuments found and making reference to a field book or map. If the point were reset by ties, the course and detail or relocation data used shall be stated.

(2) The map shall show the location and description of all monuments and bench marks found or placed in making the survey of the subdivision with property reference sufficient to relocate.

(E) In addition, the final map shall be prepared in full compliance with the following requirements:

(1) Boundary of subdivision. The boundary of the subdivision shall be designated by a blue border one-eighth inch in width applied to the reverse side of the tracings. Such border shall not interfere with the legibility of figures or other data. If the map includes a “designated remainder” parcel, and the gross area of the “designated remainder” parcel or similar parcel is five acres or more, that remainder parcel need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel.

t interfere with the legibility of figures or other data. If the map includes a “designated remainder” parcel, and the gross area of the “designated remainder” parcel or similar parcel is five acres or more, that remainder parcel need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel.

(2) Right-of-way dimensions. The center lines and side lines of all streets, the total width of all streets, the widths of each side of the center line, the widths of any portion of a street being dedicated, and the widths of existing dedications and the widths of all railroad, irrigation district or other rights-of-way shall be shown.

(3) Easements. The map shall show the side lines of all easements to which the lots are subject. Such easements must be clearly labeled and identified and if already of record, the record references given. If any easement is not definitely located, a statement of such easement must appear on the chapter sheet. Easements for storm drains, sewers and other purposes shall be demoted by fine broken 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. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate of dedication.

(4) Acreage. The total acreage of the subdivision to the nearest one-hundredth of an acre shall be shown on the face of the final map.

• (5) Lot numbers. Lot numbers shall be consecutive with no omissions or duplications.

• (6) Other data. The map shall also show all other data that is or may be required by law.

(7) Disposition of lots. The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes, all parcels offered for dedication for any purpose, public or private with all dimensions, boundaries and courses clearly shown and defined in every case.

(8) Reversion to acreage. Maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously so designated under the chapter “The Purpose of This Map is a Reversion to Acreage.”

(F) The following additional information shall be required on a separate document or additional map sheet and shall indicate its relationship to the final map. The document or map shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and that it is not intended to affect record chapter interest.

(1) Building lines. Building setback lines shall be indicated by dashed lines of the same width as the lines denoting street boundaries and shall be properly designated.

• (2) High water line. The line of high water shall be shown in any case where the subdivision is adjacent to a stream, channel or any body of water.

• (3) Flood areas. The boundaries of any areas within the proposed subdivision which are subject to inundation by water shall be shown.

(G) (1) The subdivider shall furnish improvement plans which include the following information to the City Engineer, and shall receive his authorization prior to construction of any of the improvements.

(a) Typical cross sections and proposed final finished grades of all roads, streets and highways in the proposed new subdivision, together with a profile showing the relation between finished grade and existing ground elevations.

(b) Proposed lengths, size and type of any pipes, culverts or structures necessary for drainage, erosion control or the public safety with plans and specifications therefor.

• (c) Any information required by the conditional approval of the City Council.

• (d) Elevations shall be referenced to the U.S.G.S. Datum.

(2) An improvement plan shall be acted on within 60 working days of its submittal, except that at least 15 working days shall be provided for processing any resubmitted improvement plan and this period shall not include any days during which the improvement plan has been returned to the applicant for correction, or has been subject to review by other than the city.

(H) At the time of the filing of the final map with the City Engineer, the subdivider shall also file therewith traverse sheets showing traverse closures and the computation of all distances, angles, and courses shown on the final map. The traverse of the boundaries of the tract and of lots and blocks shall close within a limit of error of one in 10,000.

(I) The final map shall be accompanied by a report prepared by a duly authorized chapter company naming the persons whose consent is necessary to the preparation and recordation of the map and to the dedication of the streets, alleys and other public places shown on the map and certifying that as of the date of the preparation of the report, the persons therein named are all the persons necessary to give clear chapter to the subdivision. At the time of recording the approved map, there shall be filed with the County Recorder, a guarantee executed by a duly authorized chapter company for the benefit and protection of the city showing that persons (naming them) consenting to the preparation and recordation of the map and offering for dedication the streets, alleys and other public places shown thereon are all the persons necessary to pass clear chapter to the subdivision and to the dedications shown thereon.

(J) Prior to the submission of the final map, the subdivider shall comply with §§ 152.140 through 152.143.

(K) Prior to the recordation of a subdivision map which will result in the division of any existing building or buildings into separate units or parts, the subdivider shall secure certification by the Chief Building Official that any building or buildings to be divided will, after division meet current code standards for new construction. As used in this section, the phrases “current code standards” refers to all standards in the current adopted editions of the Building Code, Electrical Code, Plumbing Code, Mechanical Code and Fire Code for the city. (`67 Code, § 11-5-3)

The following certificates, statements or acknowledgements, as well as any others required by law, shall appear on the final map. Such certificates may be combined where appropriate and may be made by separate instrument to be recorded concurrently with the final map.

(A) Statement of parties holding title. A statement signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the map as required by Cal. Gov't Code § 66436.

(B) Dedication statement. A statement signed and acknowledged as above offering for dedication all parcels of land shown on the final map and intended for any public use, except those parcels other than streets which are intended for the exclusive use of the lot owners in the subdivision, their licenses, visitors, tenants and servants.

(C) Engineer's certificate. A statement of the civil engineer or licensed surveyor responsible for the survey and final map. The statement shall give the date of the survey, state that the survey and final map were made by him or under his or her direction and that the survey is true and complete as shown. The statement shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in those such positions on or before a specified later date. The statement shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. The signature of such civil engineer or surveyor, unless accompanied by his seal, must be attested.

(D) City Engineer's statement. A statement signed by the City Engineer shall be provided within 20 days from the time the final map is submitted to him by the subdivider for approval in accordance with Cal. Gov't Code § 66442.

(E) Certificates for execution. A certificate for execution shall be provided for the City Clerk, the secretary of the Planning Commission, and the County Recorder, as appropriate.

(F) Certificates regarding tax liens. Prior to the filing of the final map with the governing body, the subdivider shall file with the clerk of the Board of Supervisors of Stanislaus County, certificates as required by Cal. Gov't Code §§ 66492 et seq .

(`67 Code, § 11-5-4)

(A) Approval by Planning Commission. The Community Development Director or secretary of the Planning Commission, upon receiving the final map from the subdivider or his agent, shall examine the same to determine whether the map conforms with the tentative map and with all requirements imposed as a condition to the acceptance of the tentative map by the City Council. If it is determined that the final map does not conform, the subdivider shall be advised of the changes or additions that must be made before the final map can be certified by the Community Development Director or the secretary of the Planning Commission. If the subdivider is not satisfied with the determination made by the Community Development Director or the secretary of the Planning Commission, he may appeal in writing, within 15 days, to the Planning Commission. If it is determined that the map is in conformity, the Community Development Director or secretary of the Planning Commission shall certify approval thereon.

(B) Approval by City Engineer. Upon approval by the Community Development Director or the secretary of the Planning Commission, the final map and other data shall be submitted to the City Engineer, who shall examine and determine that the subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof, that all provisions of the law and of this chapter applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the map is technically correct. If the City Engineer determines that full conformity therewith has been made, he shall so certify on the map.

(C) Approval by City Council.

(1) At its first regular meeting following the transmittal of the final map to the City Clerk, the Council shall receive the map and shall consider the map and the offers of dedication. The Council may reject any or all offers of dedication. In the event that all improvements required or conditions imposed upon the terms of this chapter or by law are not completed before the filing of the final map, the Council may enter into an agreement with the subdivider for posting improvement securities as provided in §§ 152.075 and 152.076 of this chapter. In such case, when the agreement has been approved by the City Attorney as to form and by the City Engineer as to sufficiency, and when the improvement security has been approved by the City Attorney as to form and by the City Manager as to sufficiency, the Council may consider the final map.

(2) The City Council shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it is determined to be in conformity with the provisions of law and of this chapter. The Council shall disapprove the map if it is determined not to be in conformity with the provisions of law and of this chapter and shall advise the subdivider of its disapproval, and the reason or reasons therefor.

or at its next regular meeting after the meeting at which it receives the map, approve the map if it is determined to be in conformity with the provisions of law and of this chapter. The Council shall disapprove the map if it is determined not to be in conformity with the provisions of law and of this chapter and shall advise the subdivider of its disapproval, and the reason or reasons therefor.

(3) Failure to construct off-site improvements (not within the boundaries of the subdivision) that are on land in which neither the subdivider nor the city has sufficient chapter or interest to permit the improvements to be made cannot be grounds to refuse or postpone approval of a final map. The provisions of Cal. Gov't Code § 66462.5 shall govern.

(D) Action by City Clerk. The City Clerk, upon receipt of the necessary fees, and after the signatures and seals have been affixed and upon the approval of the final map by the Council, shall transmit the map to the County Recorder who shall file the same. No map shall have any force of effect until the same has been approved by the Council, and no title to any property described in any offer of dedication shall pass until recordation of the final map. (`67 Code, § 11-5-5)

(A) If the improvements required as a condition of the final map are not complete and accepted by the city prior to approval by the Council of the final map, the subdivider shall execute and file an agreement between himself and the city, specifying the period within which he shall complete all improvement work to the satisfaction of the City Engineer, and providing that if he shall fail to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the City Engineer and reimbursement of the city by the subdivider for the cost of such inspection.

(B) The fees shall be 3% of the estimated cost of improvements or such other amount as may be set from time to time by resolution of the City Council.

• (C) Such agreement may also provide:

• (1) For the construction of the improvements in units.

• (2) For extension of time under conditions therein specified.

• (3) For partial release of the improvement securities upon acceptance by the City Council of the work as it progresses.

(4) For the financing and construction of any or all of such improvements under an appropriate special assessment act proceeding, the subdivider shall agree, in writing, to initiate, and so far as may be in his power, to consummate such proceedings within such time as may be prescribed by the Council.

(5) For payment of a deposit in such amount as is set from time to time by resolution of the City Council to ensure adequate dust control measures.

(`67 Code, § 11-5-6)

(A) Improvement security.

(1) The subdivider shall also file with the aforesaid agreement, two improvement securities, each to be in an amount based upon the total estimated cost of the improvements as determined by the City Engineer. One improvement security shall secure faithful performance of the agreement and shall be in an amount equal to 100% of the estimated cost of the improvement. The second improvement security shall secure the obligations set forth in Cal. Gov't Code § 66499.3(b), for payment of the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvements, and shall be in an amount equal to 50% of the total estimated cost of the improvements. Such improvement securities shall be in one of the following forms:

• (a) A cash deposit or deposits.

• (b) A bond or bonds issued by one or more duly authorized corporate sureties.

• (c) A savings and loan certificate and/or share.

(d) An instrument or instruments of credit from an agency of the state, federal, or local government when any such agency provides at least 20% of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulations by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payments and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument.

(e) Any other form of improvement security authorized by the Subdivision Map Act, including the deposit, with a responsible escrow agent or trust company approved by the Council, of money or negotiable bonds of the kind approved for security deposits of public money.

(2) The required security shall be in an amount determined by the City Engineer as sufficient to cover the cost of the improvements, engineering, inspection, fees and incidental expenses. The required improvements security shall be approved by the City Engineer as to sufficiency and by the City Attorney as to form.

(B) Forfeiture of improvement security. In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this chapter and the city shall have to complete same, or if the subdivider shall fail to reimburse the city for the cost of inspection, engineering, fees and incidental expense, the city shall call on the surety for reimbursement, or shall appropriate from any cash deposits, savings and loan certificates and shares, or instruments of credit, funds for reimbursement. In any case, if the amount of the surety bond, savings and loan certificate and shares, instrument of credit, or cash deposit shall exceed all cost and expenses incurred by the city, it shall release the remainder of such bond, savings and loan certificate or share of cash deposit. If the amount of the surety bond, savings and loan certificate and share, instrument of credit, or cash deposit shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference.

(C) Release of improvement security. Improvement securities may be released or reduced, in whole or in part, only in the time and manner prescribed in Cal. Gov't Code § 66499.7, as it now exists or is hereafter amended, and only after certification by the City Engineer that the work covered thereby has been satisfactorily completed and upon approval of the Council.

(D) Guarantee and warranty security. In addition to the improvement securities specified in division (A) of this section, the subdivider shall file with the subdivision agreement an amount as specified in the agreement to guarantee and warrant subdivision improvements for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. The City Engineer is authorized to release the security upon expiration of the guarantee and warranty period if it is determined that subdivision improvements so guaranteed and warranted are satisfactory.

(`67 Code, § 11-5-7)

Statutory reference:

Improvement security, see Cal. Gov't Code §§ 66499 et seq.

After a final map is filed in the office of the County Recorder, it may be amended as provided in Cal. Gov't Code §§ 66469 et seq.

(`67 Code, § 11-5-8) (Ord. 89-09, passed 11-27-89)

PARCEL MAPS

When a proposed division of land will result in real property being divided into four or fewer parcels (or more than four parcels, but nevertheless not a subdivision as defined in the Subdivision Map Act), a parcel map shall be prepared in accordance with the Subdivision Map Act and this chapter. (`67 Code, § 11-6-1)

(A) Copies of any requested tentative parcel map shall be filed with the Planning Commission at least four weeks (or such longer period as determined by the Community Development Director) prior to the regularly scheduled meeting at which consideration is desired. A filing fee as set forth by resolution of the City Council shall be paid at the time of filing.

(B) The secretary of the Planning Commission shall examine the map upon presentation and shall not accept such map unless the same is in full compliance with the law and the provisions of this chapter as to form, data, information and other matters required to be shown thereon or furnished therewith. Maps shall be accepted which are not in full compliance if applications are concurrently submitted that would assure compliance. The map shall not be accepted as complete until the map is in full compliance. The exact requirements for submittal of a tentative parcel map shall be available, in writing, to a subdivider at least 30 days prior to the deadline for submittal.

(C) The secretary of the Planning Commission shall transmit copies of such tentative map to interested and affected agencies.

(`67 Code, § 11-6-2)

The form of the tentative parcel map shall be as determined from time to time by the Planning Department and shall be available, in writing, to the subdivider at least 30 days prior to the final date for submittal of the map. (`67 Code, § 11-6-3)

(A) Public hearings. Whenever a tentative parcel map is submitted to the Planning Commission for review, the Planning Commission shall give notice of the hearing not less than ten days before the date of the hearing in the following manner:

• (1) By publication in a newspaper of general circulation in the city, and

• (2) By mailing the notice to the owners of all real property within 300 feet of the property which is the subject of the application.

(B) Approval by Planning Commission. If the tentative map complies with all of the requirements of this chapter and the Subdivision Map Act, the Commission may approve the division, subject to the dedication of necessary rightof-way for streets and easements, the installation of all improvements along the frontages of the property so divided, as required by the Commission, and the installation of all necessary utilities and connections to each lot. All lot sizes shall conform to the provisions of the Zoning Regulations of the city.

(C) Limitations on approval. A tentative parcel map shall not be approved or conditionally approved by the Planning Commission 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 proposed type of development.

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

may approve a map if it finds that alternate easements, for access or for use, will be provided and that these will be

substantially equivalent to ones previously acquired by the public. This division shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction.

(D) Protest. The subdivider, any tenant of the subject property, or any interested person adversely affected by a decision of the Planning Commission may file a written protest within ten days after the Planning Commission action. Upon filing of an appeal, the City Council will hold a public hearing and render its decision within 30 days of the filing of the appeal.

(E) Subdivider to indemnify city. If any controversy exists regarding the approval of a tentative parcel map, the tentative parcel map shall include a condition that the subdivider defend, indemnify, and hold harmless the city and its agents, officers, and employees from any claim, action, or proceeding against the city or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City Council concerning the map, provided that the action is brought within the time period provided for in Cal. Gov't Code § 66499.37. (`67 Code, § 11-6-4)

(A) Filing. The subdivider or his agent may file a parcel map with the City Engineer for his examination, certification, and recordation within 24 months after the approval or conditional approval of the tentative parcel map. Delivery of a complete and correct map to the City Engineer shall be deemed a timely filing for purposes of this section.

(1) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the Commission may extend the time for filing a parcel map for a period or periods not exceeding an additional three years if it determines that conditions affecting the parcel map have not substantially changed. Such request for an extension automatically extends the expiration date of the map by 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever comes first.

(2) In any case where a parcel map has not been recorded within 24 months or such extended period of time as may be granted by the Planning Commission, approval of a new tentative parcel map shall be required. A parcel map shall be prepared by, or under the direction of, a registered civil engineer or licensed land surveyor and shall substantially conform to the tentative parcel map and conditions thereto as approved by the Planning Commission. (B) Fees. A tracing of the parcel map shall be filed with the City Engineer. In addition, the subdivider shall deposit with the city the recorder's fee for recording the parcel map and fees for checking the map, the amount of such fees to be set from time to time by resolution of the Council.

(C) Form of parcel map. The parcel map shall conform to the provisions of § 152.072 of this chapter for final maps where applicable. The map shall show the definite location of the parcel or parcels and particularly their relation to surrounding surveys. The location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey, but only by reference to the existing record boundaries if such remainder has a gross area of five acres or more. The parcel map may be compiled from record data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map and when the location of at least one of these boundary lines can be established from an existing monument line. In any case, the parcel map may be based upon a field survey made in conformance with the Land Surveyor's Act.

(D) Consent by owner. The parcel map shall contain a certificate which shall be signed and acknowledged by all parties having any record title interest in the real property being subdivided, consenting to the preparation and recording of the parcel map. Such signatures shall be in accordance with the provisions of § 152.073 of this chapter pertaining to final maps.

(E) Dedications. If dedication of streets, alleys, walkways, easements, public utility easements or other public ways or access rights are required by the Commission as conditions of approval of a parcel map, such dedications shall

either be shown on and offered by a certificate on the final parcel map, or made by separate instrument as determined by the City Engineer. Such certificate or instrument shall be signed by those parties having any record title interest in the real property being subdivided in accordance with the provisions of § 152.073 of this chapter pertaining to final maps.

(F) Engineer's statement. A statement executed by the engineer or surveyor shall be affixed to the map pursuant to Cal. Gov't Code § 66449.

(G) Certification by City Engineer. Upon receipt of the final map, together with the recording fees, and any required improvement security, the City Engineer shall examine the same to determine whether the map is technically correct and substantially conforms with tentative parcel map and with all changes and requirements imposed as conditions of approval by the Commission. The City Engineer shall also refer the parcel map to the secretary of the Planning Commission for examination and determination if all the lots and parcels created by the map conform with the requirements and the zoning regulations of the city. Within 20 days after receiving the parcel map, the City Engineer shall determine whether the parcel map fully conforms with all of the requirements set forth herein and he shall comply with Cal. Gov't Code § 66450.

(H) Acceptance of dedications. Offers of dedication as set forth in division (E) of this section shall be reviewed by the City Engineer for compliance with the conditions of approval imposed by the Commission. If all offers of dedication are in accordance with the requirements of the Commission, the City Engineer shall recommend the acceptance of such dedications by the authorized officials of the city.

(I) Security. If the Commission approves the tentative parcel map, it may grant the subdivider a period of time after the recording of the parcel map in which to complete the installation of the public improvements required as a condition of the map by the Planning Commission. If such a time period is granted, the Planning Commission shall require improvement security to be posted in one of the forms set forth in § 152.076(A).

(J) Division of existing buildings. Prior to the recordation of a parcel map which will result in the division of any existing building or buildings into separate units or parts, the applicant shall secure certification by the Chief Building Official that any building or buildings to be divided will, after division, meet current code standards for new construction. As used in this section, the phrase “current code standards” refers to all standards in the current adopted editions of the Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Fire Code of the city.

(K) Recordation of parcel map. Upon certification by the City Engineer, the parcel map shall be transmitted to the City Clerk, who shall cause the map to be recorded in the office of the County Recorder. (`67 Code, § 11-6-5)

No building permit shall be issued for the construction of any building, structure or other work on any parcel proposed to be created until a parcel map has been approved in accordance with the provisions of this chapter and the Subdivision Map Act, and recorded in the office of the County Recorder. (`67 Code, § 11-6-6)

After a final map is filed in the office of the County Recorder, it may be amended as provided in Cal. Gov't Code §§ 66469 et seq.

(`67 Code, § 11-6-7)

Whenever a tentative parcel map is required under this chapter, a vesting tentative parcel map may be filed instead. At the time such a map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Parcel Map.” The map shall be subject to the same procedures, time periods, requirements and restrictions as described in § 152.060 for tentative subdivision map, except that the time periods specified in § 152.060(E) shall be determined from the recordation of the parcel map instead of the final map.

(`67 Code, § 11-6-8)

The requirement for a final parcel map may be waived by the Planning Commission pursuant to the procedure set forth below:

(A) Submittal. A tentative parcel map application shall be submitted as required by §§ 152.091 and 152.092. At the time of submittal of the tentative parcel map, the property owner must request, in writing, the waiving of the final parcel map requirement.

(B) Findings required. The Planning Commission may waive the requirement for a final parcel map when all of the following findings can be established:

(1) The proposed parcel(s) complies with the minimum area requirement as established by Chapter 153 of the City Code.

(2) The design of the proposed parcel(s) is in compliance with this chapter and with all requirements of the city general plan.

(3) That all necessary improvements as required by this chapter and the city general plan have been installed.

(4) All storm drainage facilities have been installed consistent with the City's Storm Drainage Master Plan and the Standard Specifications .

• (5) All lots front on city-maintained roads constructed as required by the Standard Specifications .

• (6) The proposed parcel(s) is adequately served with city sanitary sewer service.

• (7) The proposed parcel(s) is adequately served with city domestic water facilities.

• (8) That all lot lines and lot corners have been established in compliance with the requirements of the Land Surveyor's Act.

(9) That the proposed division complies with all provisions of the Subdivision Map Act and any city ordinances which provide for environmental protection.

(C) Certificate of compliance filing requirements. Upon waiver of the final parcel map requirement by the Commission, submission of the proper legal descriptions, and the receipt of the fee for filing of a certificate of compliance in such amount as may be fixed from time to time by resolution of the City Council, the Director shall file a certificate of compliance for the land being divided.

(`67 Code, § 11-6-9) (Ord. 89-09, passed 11-27-89)

OTHER MAPS

Subdivided property may be reverted to acreage pursuant to the provisions of this chapter. Proceedings for reversion to acreage may be initiated by the City Council on its own motion or by petition of all of the owners of record of the real property within the subdivision.

(A) Initiation of proceedings by owner(s). Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of property within the subdivision. The petition shall contain the following information and such other information as required by the secretary of the Planning Commission:

• (1) Evidence of title to the real property.

• (2) A tentative map in the form prescribed by § 152.057 of this chapter.

• (3) A final map in the form prescribed by § 152.072 of this chapter, which delineates dedications which will not be vacated and dedications required as a condition to reversion.

• (4) Evidence of one of the following:

• (a) Consent of all the owners of an interest in the property, or

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

• (c) That no lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record.

(B) Initiation of proceedings by City Council. The City Council on its own motion may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the secretary of the Planning Commission to obtain the necessary information to initiate and conduct proceedings.

(C) Fees. Petitions to revert property to acreage shall be accompanied by a fee to cover the cost of processing and public hearing in an amount to be set from time to time by resolution of the City Council. If the proceedings are initiated pursuant to division (B) of this section, the person or persons who requested the City Council to initiate the proceedings shall be responsible for paying the fee established by resolution of the City Council. Fees are not refundable.

(D) Proceedings.

(1) Public hearings shall be held before the Planning Commission and the City Council on all reversions to acreage. Notice of the hearing shall be given not less than ten days before the date of the hearing in the following manner:

• (a) By publication in a newspaper of general circulation in the city, and

• (b) By mailing the notice to the owners of all real property within 300 feet of the property which is the subject of the application.

• (2) The City Council may approve a reversion to acreage only if it finds and records in writing that:

• (a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purpose, and

• (b) Either:

1. The owner(s) of an interest in the real property within the subdivision have consented to reversion; or

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

3. No lots shown on the final or parcel map have been sold within five years from the date the map was filed for record.

• (3) The City Council may require as conditions for reversion:

• (a) The owner(s) dedicate or offer to dedicate streets or easements.

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

(E) Return of fees, deposits; release of securities. Except as provided in division (D) of this section, upon filing of the final map for reversion to acreage with the County Recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Council.

(F) Recording of final map. After the hearing before the City Council and approval of the reversion, the final map shall be delivered to the County Recorder. The reversion to acreage shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

(`67 Code, § 11-7-1)

In the event an existing subdivision is resubdivided such that the street alignment, lot design or drainage shall be changed, then the area constitutes a new subdivision and the procedures for filing a tentative and final map as outlined in this chapter apply. The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel.

(`67 Code, § 11-7-2)

A parcel or unit may be merged with a contiguous parcel or unit held by the same owner in the following manners: (A) When requested, in writing, by the owner of the property subject to recording, at the owner's expense, a notice of merger, or

(B) In compliance with Cal. Gov't Code §§ 66451.10 et seq. , if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size under the city code, the following requirements must be satisfied:

(1) At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

• (2) With respect to any affected parcel, one or more of the following conditions exists:

• (a) Comprises less than 5,000 square feet in area at the time of the determination of merger;

• (b) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

• (c) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

(3) The procedures specified in Cal. Gov't Code §§ 66451.10 et seq. shall be used in merging parcels.

(`67 Code, § 11-7-3) (Ord. 89-09, passed 11-27-89)

Subdivided lands may be merged and re-subdivided without reverting to acreage by complying with all applicable requirements for the subdivision of land as provided for in this title. The filing of the final map or final parcel map shall constitute legal merging of the separate parcels into one parcel and the re-subdivision of such parcel and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this title pertaining to the property shall be credited pro rata towards any requirements for the same purposes, which are applicable at the time of re-subdivision. Any streets or easements to be left in effect after the re-subdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the City Council, the map shall be delivered to the Recorder. The filing of the map shall constitute legal merger and re-subdivision of the land affected thereby and shall also constitute abandonment of all streets and easements not shown on the map.

(Ord. 2001-09, passed 9-24-01)

(A) Upon request of the legal owner of contiguous parcels, the Community Development Department may approve the merger of the parcels. The request shall be in writing on a form approved by the Community Development Department and shall be accompanied by data and documents, as required by the Community Development Department.

(B) Upon approval, a Notice of Merger shall be filed with the Stanislaus County Clerk Recorder's Office. The form and content of the notice shall be as required by the Community Development Department of the city.

(C) In approving the merger, the city may impose reasonable conditions. The reasonableness of the conditions may be appealed to the Planning Commission within ten days of receipt of written notice of the conditions.

(D) A fee may be charged, not exceeding actual costs, as may be fixed from time to time by the City Council. (Ord. 2001-09, passed 9-24-01)

EXCEPTION

(A) The City Council may vary the regulations relating to the subdivision of land by granting an exception, provided it is shown by the subdivider that:

(1) There are exceptional or extraordinary circumstances or conditions applicable to the property such as topography, fixed rights-of-way, unique location of easements, and the like.

(2) Because of the unique nature of a particular subdivision concept, design innovations are proposed which meet the functional standards of Zoning and Subdivision Regulations without strict adherence to the requirements of this chapter.

(3) In the case of a parcel map, the applicant is being denied the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or zone in which the property is located.

(4) The granting of the exception will not be injurious to other property or improvements in the vicinity or zone in which the property is located and will not nullify the intent and purpose of the general plan or these regulations.

(B) Where it is determined by the City Council that the design of a proposed subdivision is in compliance with a development plan which has been adopted by the City Council in conjunction with a Planned Development Zone, the City Council may approve such subdivision map without formally granting exceptions for design factors which are not in strict compliance with the provisions of this chapter.

(C) In granting an exception, the City Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements to be excepted. (`67 Code, § 11-8-1)

Prior to consideration by the City Council, all exceptions shall be reviewed by the Planning Commission and a report made to the City Council.

(`67 Code, § 11-8-2)

Public hearings shall be held before the Planning Commission and City Council. The hearings shall be noticed by publication in a newspaper of general circulation at least ten days prior to the meeting and by sending notices to

adjacent property owners. (`67 Code, § 11-8-3)

Requests for an exception shall be accompanied by a fee to cover the cost of processing and public hearing in an amount to be set from time to time by resolution by the City Council.

(`67 Code, § 11-8-4) (Ord. 89-09, passed 11-27-89)

PRELIMINARY SOIL REPORT

The Council declares that this subchapter is enacted to the requirements of Cal. Health & Safety Code §§ 17953 et seq .

(`67 Code, § 11-9-1)

Prior to the submission of the final subdivision map, the subdivider shall file with the Building Inspector and the City Engineer, a preliminary soil report, prepared by a civil engineer or soil engineer who is registered by the state, based upon adequate test borings or excavations of every subdivision as defined in Cal. Gov't Code § 66424. The preliminary soil report may be waived if the Building Inspector and City Engineer shall determine that, due to their knowledge as to the soil qualities of the subdivision, no preliminary analysis is necessary. (`67 Code, § 11-9-2)

If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision shall be prepared by a civil engineer who is registered by the state. The soil investigation shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The report shall be filed with the Building Inspector and City Engineer.

(`67 Code, § 11-9-3)

The Building Inspector and City Engineer shall submit reports to the City Council describing whether or not the recommended corrective action is likely to prevent structural damage to each dwelling to be constructed on each lot in the subdivision. The City Council may approve the subdivision or portion thereof where such soil problems exist if it determines that the recommended action is likely to prevent structural damage to each structure. The building permit shall be conditioned upon this incorporation of the approved recommended corrective action in the construction of each structure.

(`67 Code, § 11-9-4) (Ord. 89-09, passed 11-27-89)

CERTIFICATES OF COMPLIANCE

Requests for issuance of a certificate of compliance shall be submitted, in legible and readily reproducible writing, to the Community Development Director, on paper accompanied by a plot plan and such other supporting information as may be deemed necessary by the Director to determine compliance and shall be accompanied by a checking fee in such amount as may be fixed from time to time by resolution of the City Council. (`67 Code, § 11-10-1)

Within four weeks after filing of the request, the Director shall review the request and determine whether the property, or the division thereof, complies with the provisions of the Subdivision Map Act and this chapter. If the Director determines the property or the division thereof complies with the provisions of the Subdivision Map Act and this chapter, a certificate of compliance shall be issued. If the Director determines the property or the division thereof does not comply with the provisions of the Subdivision Map Act and this chapter, the Director shall forward the request to the Commission. The Commission, following a public hearing, shall then direct the Director to issue either a certificate of compliance or a conditional certificate of compliance. A certificate of compliance may impose conditions as permitted by the Subdivision Map Act. Any parcel created prior to April 27, 1966, shall be conclusively presumed to have been lawfully created if the parcel resulted from a division of land in which fewer than five parcels were created.

(`67 Code, § 11-10-2)

A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcel described therein.

(`67 Code, § 11-10-3) (Ord. 89-09, passed 11-27-89)

CONDOMINIUM CONVERSIONS

The Subdivision Map Act shall govern the processing of condominium conversions within the city subject to the following modifications.

(`67 Code, § 11-11-1)

(A) The City Council shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it makes the findings as required by Cal. Gov't Code § 66427.1.

(B) The provisions of § 152.059(D) shall not apply to condominium projects or stock cooperatives, which consist of the subdivision of airspace in an existing structure, unless new units are to be constructed or added. The city shall approve or disapprove the conversion of an existing building to a stock cooperative within 120 days following receipt of a completed application for approval of such conversion. (`67 Code, § 11-11-2)

At the time of filing a tentative or parcel map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobile home park to be converted pursuant to Cal. Gov't Code § 66427.4. (`67 Code, § 11-11-3)

No fee shall be charged by the city as a condition to the approval of a tentative, final, or parcel map for a subdivision, or a division of land which is not a subdivision, which consists of the conversion of a mobile home park to condominium or stock cooperative ownership interests, except regulatory fees charged for the issuance of a permit and those fees are authorized by Cal. Gov't Code § 66451.2.

(`67 Code, § 11-11-4)

The compensation required by Cal. Gov't Code § 66452.8(c)(1) shall be increased to $1,000. (`67 Code, § 11-11-5) (Ord. 89-09, passed 11-27-89)