§ 16.10

A.

A subdivider of unimproved land may designate as a remainder that portion 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.

B.

For a designated remainder parcel, the fulfillment of construction requirements for improvements is not required until:

1.

A permit or other grant of approval for development of the remainder parcel is issued by the city; or

2.

The construction of the improvements is required under an agreement between the subdivider and the city; or

3.

The city makes a finding that fulfillment of the construction requirements is necessary for reasons of:

a.

The public health and safety; or

b.

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

C.

When fulfillment of the construction requirements is to be delayed, the subdivider shall record an agreement approved by the city attorney with the county recorder, stating:

1.

What the required improvements are; and

2.

That the subdivider or a successor owner is required to complete them all before the city will grant a permit or other approval for development.

D.

If a designated remainder is subsequently sold, the subdivider or the owner must obtain a certificate of compliance or conditional certificate of compliance.

(Ord. 744 § 1 (part), 2005)

16.10.020 - Public hearings—When required.

A.

The planning commission and city council shall hold a public hearing on the tentative map for a major subdivision for which a final or parcel map will be filed.

B.

If a decision regarding a major subdivision is appealed from the planning commission, the city council shall hold a public hearing.

(Ord. 744 § 1 (part), 2005)

16.10.030 - Public hearings - Notice.

Unless otherwise specified in this title, notice of a public hearing shall be given as set forth in this section.

A.

Notice shall be given at least ten days before the hearing.

B.

The notice shall include the date, time and place of the hearing, the identity of the hearing officer or body, a general explanation of the matter to be considered, and a general description by text or diagram of the location of the property. The notice shall also include the following: "If you challenge the proposed action in

court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (planning commission or city council) at, or prior to, the public hearing."

C.

1.

Notice shall be given in the manner required by Government Code Sections 65090 and 65091, as follows:

a.

Publication once in a newspaper of general circulation;

b.

Mailing or delivery to the property owner and project applicant;

c.

Mailing or delivery to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project; and

d.

Mailing or delivery to all owners of real property within three hundred feet of the property. If the number of owners exceeds one thousand, the city may instead publish notice of at least one-eighth page in a newspaper of general circulation.

2.

In addition, the city may give notice in any other manner it deems necessary or desirable.

3.

If the proposed project is a conversion of residential real property to a condominium, community apartment, or stock cooperative, notice shall be given to each tenant of the property consistent with the condominium conversion regulations in Title 17 of this code and Government Code Sections 66451.3 and 66452.5(e).

D.

Continued Hearings. A public hearing may be continued from time to time and, if continued to a specific date, time and place, no new notice is required.

E.

Appeal or Request for Modification. If a decision under this title is appealed or if a subdivider requests a change in a condition of approval either before or after a final or parcel map is filed, notice of the appeal or request shall be given in the manner described in this title.

F.

Staff Reports. A report of recommendation on a tentative map by the department shall be in writing and provided to the subdivider and to each tenant in the case of a proposed condominium, community apartment project or stock cooperative, at least three days before any hearing or action.

G.

Costs. The subdivider is responsible for the costs incurred in giving proper notice.

H.

Substantial compliance with these notice requirements is sufficient. A technical failure to comply shall not affect the validity of any action taken according to the procedures in this title.

(Ord. 744 § 1 (part), 2005)

(Ord. No. 991, § 4(Exh. A, § 2), 1-27-2026)

A.

A decision pertaining to the tentative map by a city staff member or the subdivision committee under this title may be appealed to the planning commission. A decision pertaining to the tentative map by the planning commission under this title may be appealed to the city council.

B.

The subdivider or other person may file an appeal of a decision of the subdivision committee, city engineer, department or any other city administration official to the planning commission by filing with the secretary of the planning commission on a form prescribed by the city within ten days after the action is taken. The subdivider or other person may file an appeal of a decision of the planning commission to the city council by filing with the city clerk on a form prescribed by the city within ten days after the action is taken.

C.

The hearing on the appeal shall be held by the planning commission or the city council, whichever has jurisdiction, within thirty days of the filing of the notice of appeal, and notice of the hearing shall be given as prescribed in Section 16.10.030.

D.

The appeal body shall make its decision on the appeal in writing within ten days after the hearing is concluded.

(Ord. 744 § 1 (part), 2005)

16.10.050 - Time limits, expirations and extensions.

A.

The time limits specified in this section and the Subdivision Map Act for reporting and acting on maps may be extended by mutual consent of the subdivider and the person or body required to act. However, the city may not require a routine waiver of time limits except as necessary to permit concurrent processing of related approvals or an environmental impact report on the same project.

B.

If the city council does not act within the time limits set forth in this section, the tentative map shall be deemed to have been approved or conditionally approved as set forth in the planning commission's report if it complies with all other applicable provisions of the Subdivision Map Act, this code and the general plan.

C.

The approval or conditional approval of a tentative map shall expire twenty-four months after the date of approval by the subdivision committee, planning commission or, if applicable, the city council. However, the expiration date shall be extended in accordance with Government Code Section 66452.6 (a) if the filing of multiple final maps is authorized under this chapter and if the subdivider is required to provide off-site improvements in the amounts specified in Government Code Section 66452.6(a). An extension to the expiration date may be approved as provided in this section.

1.

The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6 (b) of the Subdivision Map Act.

2.

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

3.

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

4.

If the signed final map and subdivision improvement agreement have been delivered to the city engineer prior to the expiration of the tentative map, processing, approval and recording may occur after the expiration date of the tentative map.

D.

Extensions.

Request by subdivider. The subdivider or the engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the department prior to expiration of the map. The map shall automatically be extended for sixty days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.

2.

Planning commission action. The director shall review the request and submit the application for the extension, together with a report, to the planning commission for approval, conditional approval or denial at the next scheduled planning commission meeting. A copy of the director's report shall be forwarded to the subdivider prior to the planning commission meeting on the extension. The resolution adopted by the planning commission approving or conditionally approving an extension shall specify the new expiration date of the tentative map.

3.

Time limit of extension. The expiration date may be extended pursuant to this section for a period or periods totaling no more than three years.

4.

Conditions of Approval. As a condition of the extension of a tentative map, the planning commission may impose new conditions or revise existing conditions on the approved tentative map as recommended by the department in its report or as it may find necessary.

5.

Appeal. The subdivider or any interested person adversely affected may appeal any action of the planning commission on the extension to the city council within fifteen days of such action in conformance with Section 16.10.040 (A) of this chapter.

(Ord. 744 § 1 (part), 2005)

16.10.060 - Review by other agencies.

A.

Agency Within Three Miles. A local agency within three miles of a proposed subdivision may make recommendations to the city regarding a tentative map if it does so within twenty days after the notice and map are mailed by the city. A local agency which desires to make such recommendations shall file with the city a written request and map indicating the territory in which it wishes to make such recommendations.

B.

State Department of Transportation. The State Department of Transportation may make recommendations regarding a tentative map if the proposed subdivision is within one mile of a state highway route and if the recommendations are submitted to the city within twenty days after the notice and map were mailed by the city.

C.

School Districts.

1.

Within five days after the application for a tentative map is accepted as complete, the department shall send a notice of the filing to the governing board of any affected school district. The notice shall contain information about the location, number of units, density, and other relevant information. Within ten working days after the notice was mailed, the board may submit to the city a report and recommendation regarding the proposed subdivision and its impact on the school district. Failure of the school district to respond within the fifteen days is considered a recommendation for approval.

2.

If the proposal shows an area for a public school site, the city shall notify the State Department of Education.

(Ord. 744 § 1 (part), 2005)

The form and contents, submittal and approval of a tentative map or a vesting tentative map for a major subdivision shall be governed by the provisions of this section. The tentative map shall be prepared in a manner acceptable to the department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn. The map shall be drawn to an engineer's scale, large enough to show all information clearly, but no less than one inch equals one hundred feet.

The map shall contain not less than the following:

A.

A title including the subdivision number obtained from the city engineer, and type of subdivision;

B.

Name and address of legal owner, subdivider and person preparing the map, including registration or license number;

C.

Sufficient legal description to define the boundary of the proposed subdivision; names and locations of streets adjacent to the proposed subdivision shall be indicated;

D.

The numbers of adjacent subdivisions and the names of owners of adjacent properties;

E.

Boundary lines of the city, school district, and other taxing districts when within or contiguous to the subdivision;

F.

Date of map preparation and map revision, if the map is revised after the initial submittal to the city, north arrow, scale;

G.

A vicinity map showing streets, adjoining subdivisions, shopping centers, schools, and other data sufficient to locate the proposed subdivision and show its relation to the community;

H.

Existing topography of the proposed site and at least one hundred feet beyond its boundary, and proposed changes in topography. The contours of the land shall be shown at intervals of not more than one foot for ground slopes between level and five percent, and not more than five feet for ground slopes in excess of five percent. Elevations shall be according to U.S. Geodetic Survey datum, commonly termed mean sea level;

I.

Existing improvements to be shown include, but are not limited to:

1.

Type, circumference and drip line of all existing trees; other significant vegetation with a trunk diameter of four inches or more, measured twenty-four inches above existing grade. Any trees or other significant vegetation proposed to be removed shall be so indicated;

2.

The location and outline of existing structures to scale identified by type. Structures to be removed shall be so marked;

3.

Existing drainage channels, culverts, irrigation ditches, wells and springs, and the approximate location of all areas subject to inundation or stormwater overflow, and the location, width and direction of flow of each watercourse;

4.

The location, pavement and right-of-way width, typical section, grade and name of existing streets, highways and driveways within and/or contiguous to the proposed subdivision;

5.

The widths, location and identity of all existing easements; and

6.

The location and size of existing sanitary sewers, fire hydrants, water mains and storm drains within and/or contiguous to the proposed subdivision. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead and underground utility lines and poles within and/or contiguous to the proposed subdivision shall be indicated;

J.

Proposed improvements to be shown include, but are not limited to:

1.

The location, grade, centerline radius, arc length of curves, pavement, and right-of-way width of all streets. Typical sections of all streets shall be shown, including pavement widths, curbs, gutters, sidewalks, medians, and slopes of cuts and fills. Proposed private streets shall be clearly indicated;

2.

The location and radius of all curb returns and cul-de-sacs;

3.

The location, width and purpose of all easements;

4.

The angle of intersecting streets if such angle deviates from a right angle by more than four degrees;

5.

Engineering plan and data showing the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, and the top and toe of cut and fill slopes, to scale;

6.

Areas to be used for public purposes or facilities;

7.

Proposed recreation sites, trails and parks for private or public use. If park dedication is proposed, the tentative map application is not complete unless accompanied by the parks and recreation commission written comments on the proposed location;

8.

Proposed common areas and areas to be dedicated to public open space;

9.

The location and size of sanitary sewers, fire hydrants, water mains, and storm drains, including all necessary provisions for handling water supply, stormwater and sewage. Proposed slopes, approximate elevation, direction of flow and type of facility for sanitary sewers, storm drains, and overland drainage releases shall be indicated; and

10.

A planting plan for slopes, erosion control, street trees, other landscaping and fencing;

K.

Lot numbers beginning with the numeral "1" and continuing consecutively throughout the subdivision;

L.

The name or names of any engineering geologist or soil engineer whose services were required in the preparation of the design of the tentative map;

M.

The approximate lot layout and the approximate dimensions of each lot and each building site;

N.

The approximate boundaries of areas subject to inundation or stormwater overflows, the location, width and direction of flow of all watercourses;

O.

The size and lot number of the smallest and largest lots;

P.

If the subdivider plans to develop the site in phases, the proposed phases and their proposed sequence of construction;

Q.

Proposed street names;

R.

Energy conservation information. The design of a subdivision for which a tentative map is required, excluding a conversion, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision; and

S.

The department may waive any of the above tentative map requirements if the type of subdivision does not need to comply with these requirements or if other circumstances justify a waiver. The department may

require other drawings, data, or information as deemed necessary by the department to accomplish the purposes of the Subdivision Map Act and this title.

T.

Any proposed phasing of the development showing size, location and order of final map phasing.

(Ord. 744 § 1 (part), 2005)

16.10.080 - Tentative maps—Accompanying data and reports.

At the time of filing, a tentative map shall be accompanied by the following data and reports:

A.

A statement of present zoning and of existing and proposed uses of the property, and any proposed zoning changes, whether immediate or future;

B.

A description of the proposed subdivision, including the number of lots, their average size, and nature of proposed development;

C.

A description of landscaping, fences, bridges, gates or other proposed improvements which may not be fully shown on the map;

D.

A preliminary title report, not more than six months old and acceptable to the department, showing the legal owners at the time of filing the tentative map;

E.

A statement of the time when improvements are proposed to be completed;

F.

Proposed tract or deed restrictions, if any;

G.

Description, location and existing elevation of an established city bench mark or other bench marks within the immediate vicinity;

H.

Information as required by the department to allow a determination on environmental review to be made in accordance with the environmental quality act;

I.

A signed statement of compliance indicating whether the proposed project is located on a hazardous waste and substance site as defined in the Government Code (Gov. Code §§ 65940, 65962.5 (f));

J.

For a vesting tentative map, in addition to the requirements set forth in this section, the subdivider shall also submit all of the following information:

a.

Proposed building envelope(s) including dimensions, height, size, setbacks and location of buildings;

b.

A preliminary grading plan including the approximate finished grade of each building pad;

c.

Building elevations;

d.

Drawing sheets containing the above requirements shall be supplemental to the vesting tentative map sheet and shall be consecutively numbered. The preliminary grading plan shall be placed on a separate sheet and placed last in the numbering system.

K.

Any other data or reports deemed necessary by the department or the planning commission in order to review the tentative map;

L.

For major subdivisions, design review related materials as required by the city zoning ordinance;

M.

Preliminary Soil Report and Preliminary Engineering Geology Report.

1.

Preliminary Soil Report. A preliminary soil engineering report prepared by a soil engineer, based upon adequate test borings or excavations, shall be filed with each application for a tentative subdivision map. The report shall include any information appropriate for the site, including any information required by the city engineer.

2.

Preliminary Engineering Geology Report. A preliminary engineering geology report prepared by an engineering geologist shall be submitted with each application for a tentative subdivision map, unless waived by the city engineer. The report shall include any information appropriate for the site, including any information required by the city engineer.

3.

Expanded Investigation. If the preliminary soil report or the preliminary engineering geology report indicates, or the city engineer has knowledge of, the presence of soil or geologic conditions which, if corrective measures are not taken, could lead to structural defects, then a soil or engineering geology investigation of each proposed lot shall be submitted with the final map.

4.

Compliance Required. A tentative subdivision map application is not considered as filed until the required preliminary reports have been submitted with the map.

N.

Hazardous Waste and Substances Statement. Government Code Section 65962.5 requires the California Secretary for Environmental Protection to consolidate information regarding land where certain hazardous wastes or contaminants are present, and to distribute a list to each city and county in which sites on the list are located. An applicant for any development project must consult the list sent to the city and submit a signed statement to the city indicating whether the project and any alternatives are located on the list.

(Ord. 744 § 1 (part), 2005)

16.10.090 - Tentative maps—Department review and referral.

A.

A subdivider shall file a completed tentative map application with the department. The application shall include a sufficient number of prints of the tentative map as required by the department, together with the filing fee established by city council resolution. The department, in consultation with the engineering division, shall within thirty days after submittal of the application determine whether the application is complete in accordance with the requirements of this title and the Permit Streamlining Act.

B.

Within five days after the application is accepted as complete, the department shall forward copies of the tentative map to the affected public agencies and utilities which have fifteen days to submit their findings and recommendations to the department.

C.

Notice of Public Hearings. The department shall set a date for a public hearing before the subdivision committee, planning commission and/or city council, provide notice as required by Section 16.10.030 of this chapter, and prepare a report with recommendations. The department shall send a copy of the report to the subdivider at least three days before the public hearing.

D.

For minor subdivisions, the subdivision committee shall approve, or deny the tentative map within fifty days after the tentative map was accepted for filing. For major subdivisions, the planning commission shall make its recommendation to the city council, within fifty days after the tentative map was accepted for filing, for approval, conditional approval or denial of the tentative map; and within 30 days after the planning commission makes its recommendation, the city council shall approve, conditionally approve, or deny the tentative map.

1.

The time periods specified in this subsection begin after certification of the environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from the requirements of the environmental quality act.

2.

If no action is taken within these time limits or an extension mutually approved under Section 16.10.050 of this chapter, the tentative map is deemed approved insofar as it complies with the general plan, an applicable specific plan, this title, including city-approved policies, standards and requirements, the city zoning ordinance, and the Subdivision Map Act.

E.

Approval.

1.

For major subdivisions, the planning commission may recommend approval or denial and the city council may approve or conditionally approve a tentative map and, for minor subdivisions, the subdivision committee may approve or conditionally approve a tentative parcel map, if it finds all of the following:

a.

The proposed map is consistent with the general plan and any applicable specific plan, any policy or guideline implementing the general plan (including the city's design guidelines), or other applicable provisions of this code;

b.

The site is physically suitable for the type of development;

c.

The site is physically suitable for the proposed density of development;

d.

The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, absent a statement of

overriding conditions.

e.

The design of the subdivision or the type of improvements will not cause serious public health problems;

f.

The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property with the proposed subdivision, absent alternative, equivalent easements.

g.

Any proposed phases and their proposed sequence of construction are identified on the submitted map.

2.

The planning commission or city council (or the subdivision committee for minor subdivisions) may modify or delete a condition of approval recommended in the department's report except a condition required by city code. The planning commission or city council (or the subdivision committee minor subdivisions) may add additional requirements as a condition of its approval.

3.

The planning commission or city council (or the subdivision committee for minor subdivisions) may require that the subdivider defend, indemnify, and hold harmless the city, its agents, officers, and employees from any claim, action or proceedings against the city to attack the approval of a subdivision.

4.

If the subdivision proposes five hundred dwelling units or more and is not within an urbanized area previously developed for urban uses and is not a housing project exclusively for low and very low income households, the planning commission or city council shall include as a condition the requirement that sufficient water supply shall be available.

F.

Denial. The planning commission may recommend denial and the city council may deny approval of the tentative map on any of the grounds provided by the Subdivision Map Act or this code. The subdivision committee may deny approval of the tentative for minor subdivisions. The subdivision committee, planning commission or city council shall deny approval of the tentative map if it makes any of the following findings:

1.

The proposed map is inconsistent with the general plan or any applicable specific plan, any policy or guideline implementing the general plan (including the city's design guidelines), or other applicable provisions of this code;

The site is not physically suitable for the type of development;

3.

The site is not physically suitable for the proposed density of development;

4.

The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

5.

The design of the subdivision or the type of improvements is likely to cause serious public health problems;

6.

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; or

7.

Subject to Section 66474.4 of the Subdivision Map Act, the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, and the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.

G.

Standards in Effect. In determining whether to approve or disapprove a tentative map application, the city shall apply only those ordinances, policies, and standards in effect at the time the application was accepted as complete. The city may apply ordinances, policies, and standards adopted later if (1) the subdivider applicant requests changes in connection with the same development project, and they are approved, or (2) if the city had formally initiated proceedings to amend the general or specific plan, zoning or subdivision ordinance and published notice of the proposed change before the application was accepted as complete.

H.

Appeal. Any person may appeal a decision of the planning commission in accordance with Section 16.10.040 of this chapter.

I.

Form of Approved Tentative Map. Within ninety days after approval of the tentative map, the subdivider shall submit a revised map to the department which conforms to any changes required by the conditions of approval.

(Ord. 744 § 1 (part), 2005)

A.

Minor Amendments.

1.

The department may approve minor amendments to the approved or conditionally approved tentative map or conditions of approval; provided, that:

a.

The changes are consistent with the intent and spirit of the original tentative map approval;

b.

No feature, facility, or amenity is deleted which affects the project's quality, safety, or function;

c.

Changes in plans do not reduce natural areas, create new visible retaining or drainage structures, or substantially change pad elevations;

d.

Changes in the design do not eliminate or add more units or lots; and

e.

There are no resulting violations of this code.

Each amendment shall be indicated on the approved or conditionally approved tentative map and certified by the department. Minor amendments under this subsection may include minor amendments to major residential subdivisions relating to exterior elevations, landscaping or amenities (such as minor changes in windows or plant varieties), interior floor plans with no exterior changes, or site circulation plans.

2.

For major subdivisions the planning commission, or for minor subdivisions the subdivision committee, may approve minor amendments to the approved or conditionally approved tentative map or conditions of approval; provided, that:

a.

The changes are consistent with the intent and spirit of the original tentative map approval;

b.

No feature, facility, or amenity is deleted which affects the project's quality, safety, or function;

c.

Changes in plans do not reduce natural areas, create new visible retaining or drainage structures, or substantially change pad elevations;

d.

Changes in the design do not eliminate or add more units or lots;

e.

There are no resulting violations of this code; and

f.

The amendments are to major residential subdivisions, and relate to architectural elevations, floor plans (with less than a ten percent change in the housing unit size), architectural style, number of stories, or the amount or grouping of landscaping.

Each amendment shall be indicated on the approved or conditionally approved tentative map and certified by the department.

B.

Other Amendments. Amendments to the tentative map or conditions of approval which, in the opinion of the department, are not minor, or do not meet the criteria in subsection (A) of this section, shall be presented to the subdivision committee, planning commission or city council, whichever approved the map, for its consideration at a noticed public hearing. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this chapter. An approved amendment does not by itself alter the expiration date of the tentative map.

(Ord. 744 § 1 (part), 2005)

16.10.110 - Vesting tentative maps.

A.

General. Whenever a tentative map is required, a vesting tentative map may be filed instead. The words "Vesting Tentative Map" must be printed conspicuously on each page of the map.

B.

Procedures and Requirements. Except as otherwise provided in this section, the procedures and requirements for a tentative map and subdivisions generally apply to a vesting tentative map.

1.

The subdivider shall submit additional information at the time of filing the tentative map as set forth in subsection 16.10.090 (J) above.

At the time of filing the vesting tentative map, a subdivider shall also have submitted a complete application for all other discretionary permits pertinent to the development of the project site. Such approvals may include the following permits: site development, development variances or exceptions, conditional use, planned development or specific plan.

3.

The processing of a vesting tentative map may take place concurrently with the other discretionary permits required. However, the vesting tentative map cannot be approved prior to issuance of any required discretionary permit.

4.

If the filing of a vesting tentative map is concurrent or subsequent to a discretionary permit, those plans and standards may be included by a reference note on the face of the map.

C.

Development Rights.

1.

Duration of Development Rights. The right to proceed with development pursuant to a vesting tentative map continues for one year following the recordation of the final map or parcel map. If a project covered by a single vesting tentative map is divided into phases, and more than one final map is recorded, the oneyear period begins for each phase when the final map for that phase is recorded.

2.

Expiration of Development Rights.

a.

The right to proceed with development of a vesting tentative map expires if a final map is not approved before the vesting tentative map expires.

b.

If the subdivider submits a complete application for a building permit during the one-year period specified in subsection (C)(1) of this section, the right to proceed with development continues until the building permit expires.

c.

If a final map is recorded based upon a vesting tentative map, and the development rights expire, the final map remains in effect without the development rights.

3.

Extension of Time for Exercise of Development Rights.

a.

If the city does not complete processing of an application for a grading permit or for design or architectural review within thirty days of the date the application is complete, the one-year period specified in this subsection is automatically extended by the time exceeding the thirty-day period used by the city to complete processing.

b.

Before the expiration of the one year specified in this subsection, a subdivider may apply to the planning commission for a one-year extension.

(Ord. 744 § 1 (part), 2005)

A.

The form, contents, accompanying data, and filing of a final map shall conform to the Subdivision Map Act and this chapter.

B.

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

C.

The city engineer may waive a requirement of this chapter regarding map contents and accompanying information if the city engineer finds that the requirement is not applicable to the subdivision.

(Ord. 744 § 1 (part), 2005)

16.10.130 - (Reserved) 16.10.140 - Phasing of final maps.

A.

Multiple final maps relating to an approved tentative map may be filed if:

1.

The subdivider states in the tentative map application the subdivider's intention to file multiple final maps as provided for in subsection 16.10.070 (T) of this chapter; or

2.

After filing of the tentative map, the city council and the subdivider concur in the filing of multiple final maps and the city's approval includes a statement defining the location, size, and phasing order.

B.

Each final map which constitutes a part of the approved tentative map shall have a separate subdivision number. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to assure a logical and orderly development of the whole subdivision.

(Ord. 744 § 1 (part), 2005)

A.

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey.

B.

At the time of making the survey for the final or parcel map, the engineer or surveyor shall set sufficient durable monuments, conforming with the standards of Section 8771 of the Business and Professions Code, so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the city engineer. At least one monument shall be tied into the California Coordinate System, NAD 83 Zone 2. At least one monument on the final map shall indicate an elevation on United States Coast and Geologic Survey (USC&GS) datum "NGVD '29".

(Ord. 744 § 1 (part), 2005)

The form of the final or parcel map shall conform to the Subdivision Map Act and the following requirements.

A.

The final or parcel map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

B.

The size of each sheet shall be eighteen inches by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch.

C.

The scale of the map shall be not less than one inch equals one hundred feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end.

D.

The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When two or more sheets including the certificate sheet are used, a key sheet shall be included.

E.

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

F.

The boundary of the subdivision shall be designated by a heavy black line one-sixteenth inch thick, in such a manner as not to obliterate figures or other data.

G.

All dimensions shown on the final map shall be in feet and decimals of a foot.

H.

All lines shown on the final map which do not constitute a part of the subdivision itself shall be clearly distinguishable and any area enclosed by such lines shall be labeled "not a part of this subdivision."

I.

There must appear on each map sheet the scale, the north point and the basis of bearings and the equation of the bearing to true north. The basis of bearings shall be approved by the city engineer.

J.

The final form of the final or parcel map shall be as approved by the city engineer.

(Ord. 744 § 1 (part), 2005)

The contents of the final or parcel map shall conform to the Subdivision Map Act and the following requirements:

A.

Title Sheet. The title sheet shall include:

1.

The subdivision number conspicuously placed at the top of the sheet;

2.

Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication and notarial seals required by law;

3.

Where the size of a subdivision permits, in lieu of a title sheet, required information may be shown on the same sheet as the final map;

4.

The date of preparation and the signed certificate of the subdivider's engineer or surveyor who prepared the map;

5.

A certificate of dedication signed by those persons having any record title interest in the land subdivided, if any land is to be dedicated for public use;

6.

A certificate enacted by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the map; and

7.

Certificates for execution by the city engineer and the city clerk.

B.

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

C.

Linear, Angular and Radial Data. Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, radius, and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

D.

Monuments. The location and description of all existing and proposed monuments shall be shown. Standard city monuments shall be set at or on city engineer approved offsets at the following locations:

1.

The intersection of street centerlines;

2.

Beginning and end of curves or intersection of tangents on centerlines; and

Other locations as may be required by the city engineer.

E.

Lots. Lot numbers shall begin with the number one in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event, lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the map, unless approved by the city engineer. The subdivider shall show the area of any lot on the map, calculated excluding the area within any public street or alley (either existing or proposed) abutting the lot, but including the area within any easements for other purposes (either existing or proposed).

F.

Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number and reference to the book and page of the filed map showing such subdivision, and if no subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book and page number for the last record owner.

G.

City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated as shall locations of boundary lines of the school district or other taxing districts adjacent to or intersecting the subdivision.

H.

Street Names. The names of all existing and proposed streets, alleys, or highways within or adjoining the subdivision shall be shown.

I.

Easements and Dedications.

1.

Every easement and proposed dedication for road or street, path, water main, stormwater drainage, sanitary sewer, utility or other public use as may be required shall be offered for dedication to the public for acceptance by the city or other public agency, and the use shall be specified on the map. If at the time the final map is approved, a street, path, alley or storm drainage easement is not accepted by the city council, the offer of dedication shall remain open and the city council may, by resolution at any later date, accept and open the street, path, alley or storm drainage easement for public use. The acceptance shall be recorded in the office of the county recorder.

2.

The city may accept or reject (subject to later acceptance) a dedication lying outside the subdivision boundary which requires a separate grant deed. The offer of dedication and the city's acceptance or rejection shall be recorded in the office of the county recorder.

3.

Every easement of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, or book and page of official records.

4.

An easement not disclosed by the records in the office of the county recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

5.

Each easement of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record.

J.

Open Space Areas. Open space areas, including greenbelts and open space corridors, may be shown, subject to the approval of the city. These areas shall be dedicated as open space easements unless otherwise specified in the approval of the tentative map, and the subdivider shall agree to allow such land to be included within an open space maintenance assessment district if proposed by the city.

K.

Statements and Certificates. Each certificate, statement and acknowledgment required by the Subdivision Map Act and this title shall appear on the final or parcel map and may be combined where appropriate.

L.

Miscellaneous. The map shall also show:

1.

The location and width of each drainage channel, utility and railroad right-of-way or easement;

2.

The limitation, if any, on the right of access to and from a street;

3.

The location and width of nonaccess strips and reserve strips;

4.

The location of the approved building setback lines; and

5.

The location of the high water line (one hundred year water surface elevation) if the subdivision is near a creek or stream.

(Ord. 744 § 1 (part), 2005)

The subdivider shall submit four sets of preliminary prints of the final or parcel map to the city engineer for checking. The preliminary prints shall be accompanied by the following data, plans, reports, and documents in a form as approved by the city engineer, and where applicable, the city attorney.

A.

Improvement plans;

B.

Preliminary engineering geology report. A preliminary engineering geology report prepared in accordance with the city grading ordinance and this chapter;

C.

Preliminary soil report. A preliminary soil report prepared in accordance with the city grading ordinance and this chapter;

D.

Title report. A title report not more than six months old, showing the legal owners at the time of submittal of the final map;

E.

Guarantee of title. A guarantee of title, in a form acceptable to the city engineer and city attorney, shall be issued by a title company to and for the benefit and protection of the city and shall be continued complete up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided and all public easements being offered for dedication, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary;

F.

Deeds for easements or rights-of-way. A signed deed for each required off-site easement or right-of-way which has not been offered for dedication on the final map and written evidence acceptable to the city in the form of right of entry or permanent easement across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility;

G.

Traverse closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines;

H.

Hydrology and hydraulic calculations. Complete hydrology and hydraulic calculations for all drainage facilities;

I.

Governing documents. For a cooperative apartment project, condominium, stock cooperative, or conversion, the proposed declaration of covenants, conditions and restrictions containing the provisions described in Section 1353 of the Civil Code, and all other governing documents for the subdivision as are appropriate under Section 1363 of the Civil Code; for all other subdivisions, any declaration of covenants, conditions, and restrictions proposed in connection therewith.

J.

Utilities. Evidence satisfactory to the city that the utility easements are appropriate;

K.

Improvement agreement. If the required improvements are not completed before the presentation of the final map, the subdivider shall file an agreement in accordance with the requirements of Chapter 16.16 of this title. The subdivider shall secure the performance of the agreement in accordance with the requirements of Chapter 16.16;

L.

All governing documents are subject to review and approval by the city engineer and city attorney.

M.

Other information. Additional data, reports or information required by the conditions of approval, the city engineer or city attorney.

(Ord. 744 § 1 (part), 2005)

Final maps. The city engineer, in consultation with the department, shall review the final map to determine if it conforms to the approved tentative map conditions, the Subdivision Map Act, and this title. The subdivider shall make corrections and additions until the map is acceptable to the city engineer. The subdivider shall submit to the city engineer the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on any duplicates. Upon receipt of all required certificates and submittals and the subdivider's payment of required fees, the city engineer shall, within twenty days, sign the appropriate

certificate and present the corrected final map with accompanying documents to the city council for its consideration and approval.

(Ord. 744 § 1 (part), 2005)

A.

The date the final map is deemed filed with the city council is the date of the council meeting at which the council receives the map. The council shall consider approval of the improvement agreement and security, and completeness of the tax certificate before approving the map.

B.

Upon presentation of the final map, the city council shall approve the map if it conforms to the tentative map conditions of approval, the Subdivision Map Act, and this title. If it does not conform, the council shall disapprove the map. The council shall make its decision at the meeting at which it receives the map or at its next regular meeting.

C.

The city council may not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off-site improvements on land which neither the subdivider nor the city has sufficient title or interest in to permit the improvements to be made. In this case, the city shall follow the procedure set forth in Government Code Section 66462.5 and Section 16.16.020 of this title.

D.

At the time of its action on the final or parcel map, the council shall accept, accept subject to improvement, or reject each offer of dedication. A rejected offer remains open to future acceptance under Government Code Section 66477.2 and Code of Civil Procedure Section 771.010.

E.

Tax Certificate and Security. Before the map is submitted to the city council for approval, the subdivider shall:

1.

Submit a certificate from the county tax collector stating that all taxes and assessments due have been paid pursuant to Government Code Section 66492; and

2.

Provide verification that he or she has executed and filed with the clerk of the county board of supervisors security for taxes and assessments pursuant to Government Code Section 66493.

(Ord. 744 § 1 (part), 2005)

When a final map is required to carry out a judicial partition of property which is under a Williamson Act contract, the city may not require the payment of exactions, the undertaking of improvements, or the posting of security for future performance, and may not accept any required offer of dedication until the contract terminates or is canceled as to that parcel. This deferral of exactions and dedications does not apply to fees and assessments for services which are provided to the parcel before termination or cancellation of the contract. The original applicant for the final or parcel map remains personally liable for deferred obligations.

(Ord. 744 § 1 (part), 2005)

A.

Upon approval of the final map by the city council, the city engineer and the city clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of the Subdivision Map Act, transmit the map to the county recorder. If the county recorder rejects the map for filing , the city shall rescind its approval of the map.

B.

After the filing, the subdivider shall provide to the city a copy of the recorded final map and an electronic copy.

(Ord. 744 § 1 (part), 2005)

Chapter 16.12 - SUBDIVISION OF FOUR OR FEWER PARCELS (MINOR SUBDIVISIONS)

16.12.010 - Public Hearings—When required.

A.

The subdivision committee shall hold a public hearing on the tentative parcel map for a minor subdivision for which a parcel map will be filed.

B.

If a decision regarding the tentative parcel map for a minor subdivision is appealed from the subdivision committee, the planning commission shall hold a public hearing.

C.

If a decision regarding the tentative parcel map for a minor subdivision is appealed from the planning commission, the city council shall hold a public hearing.

(Ord. 744 § 1 (part), 2005)