Selma Municipal Code Ch. 6 Subdivisions

Sections 9-6-1 through 9-6-15 shall be known as and may be cited as the Subdivision Ordinance of the City and is deemed necessary in order to protect the public health, safety, and general welfare, including the orderly growth and the development of the City; the beneficial use of land in the public interest; the conservation, stabilization and protection of property values, and to assure provision for necessary utilities, public roads, and other public conveniences in subdivided areas.

Pursuant to the authority conferred by Title 7, Division 2 of the California Government Code cited as the Subdivision Map Act and in addition to any other regulations provided by law, the regulations contained in Sections 9-6-1 through 9-6-15 are established herewith and shall apply to all subdivisions or parts of subdivisions wholly or partly within the City, and to the preparation, filing, and approval of maps.

The design, improvement and survey data for subdivisions, the form and content of tentative, final and parcel maps, and the procedure to be followed in securing official approval shall be governed by the provisions of the Subdivision Map Act and by the additional provisions of Sections 9-6-1 through 9-6-15.

(A) The provisions of Sections 9-6-1 through 9-6-15 shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of the Ordinance codified in Sections 9-6-1 through 9-6-15, unless those lots are hereafter proposed for further subdivision. It is not intended by Sections 9-6-1 through 9-6-15 to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, (except those specifically repealed by the Ordinance codified in Sections 9-6-1 through 9-6-15) or with private restrictions placed upon the property by deed, covenant, or other private agreements, or with restrictive covenants running with the land. Only those improvement standards, applicable at the time a tentative subdivision or parcel map is approved, shall be imposed.

(B) The provisions of Section 9-6-1 through 9-6-15 shall not be applicable to:

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

2. Mineral, oil or gas leases;

3. Land dedicated for cemetery purposes under the Health and Safety Code of the State.

4. A lot line adjustment between two (2) 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, provided the lot line adjustment is approved by the Planning Commission following the filing by the subdivider of an application therefor, furnished by the City, and the payment of an application processing fee in a sum as may be established by Council resolution;

5. 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;

6. A tentative map may be required where a parcel map is required by this Ordinance. A parcel map shall be required for subdivisions as to which a final or parcel map is not otherwise required by this Ordinance, unless the preparation of such parcel map is subject to Section 9-6-8.02(G), as prescribed herein, and provided further that a parcel map shall not be required for subdivisions created by short term leases (terminable by either party on not more than thirty (30) days' notice in writing) of a portion of the operating right of way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, or for land conveyed to or from a governmental agency, public entity or public utility or to a subsidiary of a public utility for conveyance to such public utility for rights of way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map.

7. A developer may obtain from the City, a procedural form for obtaining a waiver of the requirements for a parcel map as prescribed under Section 9-6-8.02 (G). The Subdivision Committee shall make a finding, based upon accurate data being submitted by a developer or individual, that the proposed division of land complies with all requirements of the City Subdivision Ordinance, Zoning Ordinance, and other applicable laws and regulations enacted pursuant thereto as to area, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements. In any case, where the requirement for a parcel map is waived pursuant to provisions of this Ordinance, a tentative map may be required, prepared pursuant to Section 9-6-8.02. (Ord. 803, 6-18-79)

A separate map shall be prepared for each subdivision where land is separated from other land in a parcel or holding by a division other than a street, highway, approved private road, alley, railroad right-of-way, flood control right-of-way, canal or public utility right-of-way.

Control of design and improvement of subdivisions is vested in the City Council.

Jurisdiction to approve tentative and final subdivision maps within the City is vested in the City Council. Jurisdiction to approve tentative parcel maps is vested in the Planning Commission. Authority to approve parcel maps conforming to approved tentative parcel maps is delegated to the secretary of the Planning Commission.

The Planning Commission is designated as the advisory agency to the City Council on all matters related to the subdivision of land.

The Planning Commission shall have all the powers and duties, with respect to the filing of tentative subdivision maps, making investigations and reports to the City Council on design and improvements, recommending action on tentative maps and the establishment of procedures related to the processing thereof, and approval of tentative parcel maps and parcel maps which are specified by law and in Sections 1.00 through 15.00.

Whenever, by the provisions of Sections 1.00 through 15.00, a power or authority is given to, or where a duty is imposed upon any public officer, it may be exercised or performed by any deputy or departmental employee authorized by him pursuant to law unless it is expressly provided that it shall be exercised in person.

The definitions and meanings of the words and phrases, which are defined in the Subdivision Map Act, are used in Sections 1.00 through 15.00, as defined in this Article, unless from the context hereof it clearly appears that a different meaning is intended. The word "may" indicates an action which is permissive. The word "shall" indicates an action which is mandatory. All words in the singular shall include the plural, and plural the singular. Each gender shall include the other. Each tense shall include the other tenses.

"Abut" means to be contiguous to and in actual contact along a common line.

"Access road" means a road which connects a subdivision to a public road.

"Alley" means any dedicated way intended for vehicular service to the rear or the side of property served by a public road.

"Approved" means approved by the City Council or by the department having jurisdiction on such matters, unless otherwise specified.

"Approved private road" means a strip of land approved by the City Council for road purposes, which has not been dedicated or accepted as a public road and which connects a parcel of land with a public road.

"Arterial", "collector" and "local collector" means a road designated as such in the circulation element of the General Plan of the City, adopted by the City Council.

"City Engineer" means the City Engineer for the City, duly appointed by the City Council.

"City Planner" means the City Planner for the City, duly appointed by the City Council.

"Clerk" means the City Clerk for the City, duly appointed by the City Council.

"Commission" means the City Planning Commission.

"Community apartment" means an undivided interest in common in the land coupled with the right of exclusive occupancy of an apartment unit which is part of a community apartment project.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store.

"County Clerk" or "County Clerk-Recorder" shall mean the County Clerk-Recorder of the County of Fresno.

"Cul-de-sac" means a road which terminates in a permanent turn-around and which by design is not intended to continue beyond its terminal point.

"Dead end road" (stub road) means a road which is terminated at the boundary line of the subdivision but which will be required to be extended at a later date to provide access to abutting land.

"Dedicated road" means a right-of-way dedicated to the City for road purposes and legally accepted as such by the City.

"Design" means:

(A) Street alignments, grades and widths;

(B) Drainage and sanitary facilities and utilities including alignments and grades thereof;

(C) Location and size of all required easements and rights-of-way;

(D) Fire roads and firebreaks;

(E) Lot size and configuration;

(F) Traffic access;

(G) Grading;

(H) Land to be dedicated for park or recreation purposes;

(I) Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the General Plan or adopted specific plans.

"Dividing strip" means a separation between opposite directional flows of traffic. It may also serve to separate a road or highway from the parallel frontage road which provides access to property.

"Double frontage lot" (or through lot) means a lot having frontage on two (2) roads and having the right of access to both of those roads, but excluding corner lots.

"Easement for public road" means a right-of-way offered to the City for road purposes by a division of land. Upon acceptance by the City, it is deemed a City road, as defined above.

"Existing lot or building site" means a designated lot or contiguous lots on a lawfully established subdivision map or record of survey so existing upon the effective date of the Ordinance codified in Sections 1.00 through 15.00, or a whole parcel of land under separate ownership so existing upon the effective date of the Ordinance codified in Sections 1.00 through 15.00, or such a lot or separate parcel of land thereafter lawfully created.

"Expressway" means a highway for through traffic with full or partial control of access and generally with intersections at grade.

"Final map" is the official map which is recorded by the County Clerk indicating the divisions of land within the subdivision. It shall conform with the requirements of Section 9-6-9.00.

"Freeway" means a highway for through traffic with full control of access and generally with grade separation at intersections.

"Frontage" means that portion of a parcel of property which abuts on a public or approved private road.

"Frontage road" (service road or outer highway) means those roads which parallel freeways, expressways or highways, providing for access to abutting property or for circulation, and which are separated from the highway by a dividing strip.

"General Plan" means the long range, comprehensive General Plan for the orderly development of the City, adopted by the Planning Commission and the City Council, which may include any of the elements listed in the Government Code of the State.

"Improvement plans" means the plans, profiles, cross sections and specifications of all proposed improvements, including the information required by Section 9-6-10.41.

(A) "Improvement" refers to such 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 or parcel map.

(B) "Improvement" also refers to such 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 approved by the City Council, or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the General Plan, or any approved specific plan.

"Improvement standards" means the design and improvement requirements established by the City Council by Ordinance applicable at the time of approval of the tentative subdivision map or tentative parcel map.

"Local road" means any public road that is used or is intended to be used for the principal purpose of serving as access to abutting property.

"Lot" means:

(A) A parcel of real property with a separate and distinct number or other designation shown on a subdivision map recorded in the office of the County Recorder; or

(B) A parcel of real property delineated on an approved record of survey map or parcel map as filed in the office of the County Clerk-Recorder and, if required by the zoning ordinance, abutting at least one public road or approved private road.

"Map Act" means the Subdivision Map Act as set forth in Title 7, Division 2, Government Code of the State of California.

"Master Plan" means the same as General Plan.

"Nonaccess line" means a line delineated on a subdivision map, or described in a deed, which is for the purpose of prohibiting access.

"Outlot" means a lot designated alphabetically on the subdivision map for specific use or nonuse.

"Parcel map" means the map prepared for acceptance by the City and the County Clerk-Recorder in accordance with the approved tentative map as provided for in Section 9-8-1.00 and State laws.

"Person" means and includes any individual, firm, copartnership, joint venture, association, corporation, estate, receiver, syndicate, or any group or combination acting as a unit, and the plural as well as the singular number.

"Precise plan lines" or "specific plan line" means the future right-of-way lines or plan lines of any highway as shown on the precise plan of streets and highways for highway use or on a specific plan as adopted by the City Council.

"Private road" means the same as approved private road.

"Public road" means any State highway, County or City street, avenue, highway or road which is within the maintained road system of the public agency having jurisdiction thereof or to be included within the maintained road system by agreement between said agencies and the subdivider.

"Restricted access strip" means a strip of land not less than one foot (1') in width for the purpose of regulating access to part-width and dead-end roads until such time as such roads may be completed or extended.

"Front yard setback line" means the line which defines the depth of the required front yard measured from the right-of-way line or plan line when one has been established.

"Rear yard or side yard setback line" means the line which defines the width or depth of the required rear yard or side yard measured from the property line.

"Stub road" (dead-end road) means a road which is terminated at the boundary line of the subdivision but which will be required to be extended at a later date to provide access to abutting land.

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided the real property into a subdivision for himself or for others.

"Subdivision", for the purposes of this Chapter, means a division of any improved or unimproved land shown on the latest equalized County assessment role 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 parcels are separated by roads, streets, utility easements or railroad right-of-way. "Subdivision" includes a condominium project as defined in Section 1350 of the Civil Code of the State of California or community apartment project as defined in Section 11004 of the State Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

"Superintendent of Public Works" means the Superintendent of Public Works for the City appointed by the City Council.

"Temporary turn around" means paved area for turning vehicles at the end of a dead-end road, which is constructed either within the dedicated right of way or upon a temporary easement, to be obliterated when said road is extended. (Ord. 779, 10-17-77)

"Tentative map" is the map which is required to be presented to the secretary of the Planning Commission in order to officially commence the process of dividing land according to the requirements of this Code. It shall conform with the requirements of Section 9-6-6.00. (Ord. 779, 10-17-77)

"Tentative parcel map" means the tentative map for a division of land defined in subsection 9-6-8.01(B) which is required to be presented to the secretary of the Planning Commission in order to officially commence the process of dividing land according to the requirements of this Code. It shall conform with the requirements of Section 9-6-8.00. (Ord. 779, 10-17-77)

"Vesting tentative map" shall mean a map which meets the requirements described in Section 9-6-6.00 of the Selma Municipal Code and has conspicuously printed on its face the words "Vesting Tentative Tract Map". (Ord. 94-7, 6-6-94)

"Watercourse" means a strip of land over which water flows, having a definite bed, bank and channel where in the water need not flow continually but usually flows in a particular direction. (Ord. 779, 10-17-77)

"Zone district" means the district established by the Zoning Ordinance 1

. (Ord. 779, 10-17-77)

The preparation and evaluation of a subdivision map shall be in conformity with the principles and standards of the General Plan and elements thereof with respect to population densities and distribution, and the type and extent of roads, highways and other utilities and public facilities. (Ord. 779, 10-17-77)

No tentative map or tentative parcel map filed pursuant to the provisions of this Chapter shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with provisions of CEQA Guidelines. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents. (Ord. 779, 10-17-77)

Subdivision maps shall conform to the precise plans for streets, public areas and other projects adopted by the City Council. (Ord. 779, 10-17-77)

Subdivision maps shall conform to the Zoning Ordinance 1

of the City with respect to uses of land, lot sizes and dimensions, and other applicable regulations provided, however, that where Sections 9-6-1.00 through 9-6-15.00 impose higher standards, the requirements of Sections 9-6-1.00 through 9-6-15.00 shall prevail. When a proposed use or development of land requires a zoning reclassification, conditional use permit or variance, the application therefor shall be considered prior to or concurrently with the tentative map or the tentative parcel map. (Ord. 779, 10-17-77)

Pursuant to the provisions of the Subdivision Map, the City Engineer shall make such detailed examination of tentative and final maps and tentative parcel maps and parcel maps and such field check, if any, as may be necessary to enable him to make the required certifications. (Ord. 779, 10-17-77)

The City Council may reject a tentative or final map and the Planning Commission may reject a tentative parcel map if the proposed use is prohibited by any ordinance, statute, law or other regulation and shall deny a map if it makes any of the following findings:

(A) That the proposed subdivision 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 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. (Ord. 779, 10-17-77)

(A) No map shall be considered as filed with the City until all of the fees and charges required by the City as pertains to the subdivision of land have been paid and an environmental impact statement has been prepared and accepted if required by the City, and all applicable requirements of Sections 9-6-1.00 through 9-6-15.00 of this Chapter have been fulfilled or an application for an exception or for appropriate zoning has been filed for concurrent consideration.

(B) A final map or parcel map shall not be considered as filed until all fees, bonds and deposits have been made, all corrections have been made as requested by the City Engineer to the maps and improvement plans, if any, and the property has been annexed to the City and to any service areas or districts other than the City which are to provide necessary services. (Ord. 779, 10-17-77)

(A) Prior to the filing of a tentative map or tentative parcel map, a subdivider may submit preliminary maps, plans and other information concerning a proposed or contemplated development to the secretary of the Planning Commission. Within thirty (30) days the secretary of the Planning Commission shall hold a conference with the subdivider and make recommendations as shall seem proper. The secretary of the Planning Commission shall recommend consultation by the subdivider with the appropriate public or private agencies.

(B) All such recommendations are preliminary only and shall not be binding upon the City in any manner.

This is an optional procedure which may be elected by the subdivider and is not required by the Ordinance codified herein. (Ord. 779, 10-17-77)

Tentative tract maps and vesting tentative tract maps shall be processed in accordance with the California Environmental Quality Act, the Subdivision Map Act 1

, State planning law and applicable local regulations.

(A) Any person desiring to subdivide land or combine land, in other than a reversion to acreage, shall apply with the Planning Commission for a tentative tract map, vesting tentative tract map or tentative parcel map in accordance with this Title and the California Subdivision Map Act.

(B) In accordance with the California Environmental Quality Act and this Title, the secretary to the Planning Commission shall determine in writing whether such application is complete and accepted for processing. The Secretary, upon making the determination, shall specify those items necessary to complete the application and immediately transmit the determination to the applicant. The secretary may in the course of processing the application, require the applicant to clarify, amplify, correct or otherwise supplement the information required for the application. (Ord. 94-7, 6-6-94)

The City Council shall set the fees for processing a tentative tract map and vesting tentative tract map at a level sufficient to recover the costs reasonably incurred by the processing of such map. All fees shall be due and payable at the time of submittal of the required applications. (Ord. 94-7, 6-6-94)

The content and form of tentative and vesting tentative tract maps shall contain clear, concise, legible and accurate information, and be governed by the provisions of this Section and prepared in accordance with the following criteria:

(A) Format and Graphic Representation:

1. Tentative and vesting tentative tract maps shall be a minimum of eighteen inches by twenty four inches (18" x 24") and a maximum of twenty four inches by thirty six inches (24" x 36"). More than one sheet may be used if necessary. The secretary to the Planning Commission may accept a larger size if the subdivision size or configuration requires a larger map for clarity.

2. All maps submitted shall be folded to a size of approximately eight inches by eleven inches (8" x 11") in a way such that the tract number is clearly visible.

3. Each map shall be drawn to an engineer's scale at a scale sufficient to show the details of the map clearly.

4. A north arrow, the scale and date of map preparation shall be shown on the map. All subsequent revisions and the date they were made shall be clearly noted on the map.

5. Lines and features shall be represented on the map as follows:

(a) Tract boundary; heavy double width solid line.

(b) Proposed lot and right-of-way lines; heavy solid line.

(c) Contours with elevations denoted, existing lot lines, existing features such as structures, curbs; light solid lines.

(d) Proposed lots not a part of the subdivision and easements; light dashed lines. Easements shall be labeled as to intended use, whether existing or proposed, and whether the easement will remain or be removed.

(e) Water lines, sewers, and storm drains; heavy dashed lines. Utilities shall be labeled as to intended use, whether existing or proposed, and whether the easement will remain or be removed.

(f) Direction of storm water flow; light arrows.

(B) Map Identification:

1. The tract number as obtained from the Fresno County Recorder shall be prominently shown on the map.

2. The map shall be conspicuously titled as either a tentative tract map or vesting tentative tract map. If the tentative tract map is for a condominium, planned unit development or stock cooperative, or a conversion thereto, this shall be shown as part of the title of the tentative tract map.

3. A vicinity map shall be provided on the map which clearly shows the proposed subdivision boundary with respect to the nearest major east-west and north-south streets.

4. The tentative map shall state the name, address and phone numbers of the following persons:

(a) All record owners of the property proposed for subdivision.

(b) Subdivider.

(c) Subdivider's authorized agent, if other than the subdivider.

(d) Engineer, land surveyor or other person responsible for map preparation.

(C) Subdivision Boundary:

1. Subdivision boundary lines shall be consistent with one or more contiguous units of land as shown on the latest Fresno County assessment roll, as provided by section 66424 of the California Government Code.

2. Subdivision boundary lines shall be consistent with one or more lots of record and/or with one or more lots created lawfully in accordance with State law and this Code, except as provided in subsection (C)3 below.

3. Where existing lots of record or otherwise lawfully created lots are only partly included within the subdivision boundary, the entire boundary of such parcel shall be shown on the subdivision map.

4. Section lines and section corners shall be referenced on the map.

(D) Subdivision Information:

1. Sufficient elevations or contours shall be shown on the map to determine the general slope of the land and the high and low points thereof.

2. Proposed lots shall be drawn to scale, numbered, dimensioned and have their area shown.

3. Lots which comply with the zone district standards, but which are not proposed for development, may be designated as outlots or remainders, with an explanation of their future use or nonuse.

4. Lots which are proposed to be dedicated for public purposes shall be identified as outlots and be given an alphabetical identification.

5. The location, center line, width and names of all existing and proposed streets, alleys, highways and other access easements shall be shown on the map. The radius of all curves shall be indicated on the map. If there is any proposed change in the disposition of the existing rights of way, these shall be shown on the map.

6. The location and widths of existing and proposed easements for drainage, sanitary sewer, water lines, public utilities, irrigation facilities and other purposes shall be shown on the map.

7. All existing aboveground uses or structures, such as but not limited to buildings, water wells, power lines and poles, and towers shall be shown on the map. The final disposition of these features shall also be shown on the map.

8. All existing underground uses or structures, such as but not limited to wells, cesspools, sewers, culverts, storm drains and dump sites shall be shown on the map. The final disposition of these features shall also be shown on the map.

9. The location, width, depth and final disposition of all existing and proposed canals or private ditches shall be shown on the map.

10. Trees shall be shown on the map in the following manner:

(a) The location and type of existing trees present in the existing or proposed right of way shall be shown on the map.

(b) The location, approximate diameter and final disposition of all trees with a diameter greater than or equal to twelve inches (12").

(c) A statement shall be included on the map which states the number of trees within the subdivision which are proposed to be removed.

11. Proposed main line extensions or relocations of public utilities, storm drains, irrigation canals or similar features shall be shown on the map. Major required facilities, such as lift stations and pump stations, shall also be shown on the map.

12. Proposed areas for parks, ponding basins, public facilities, open space, school sites and similar features shall be shown on the map as required.

13. Maps which contain property within two hundred feet (200') of an existing or planned railroad, highway, airport or similar noise generating source shall indicate the method of noise reduction such that the project will be consistent with the General Plan Noise Element.

14. The following features shall be shown accurately to a distance of fifty feet (50') from the proposed subdivision:

(a) Zoning and General Plan land use designation.

(b) Parcel boundary lines.

(c) Easements which may affect the proposed subdivision.

(d) Location and widths of existing rights of way.

(e) Location and width of existing improvements, including but not limited to, sewer, water, storm lines, c oncrete curb and gutter, sidewalk, driveways, pavement, and the location of street lights and signals.

(f) Existing land use.

(g) Grade differences of one foot (1') or more.

15. In subdivisions which are reasonably expected to be resubdivided at some future date, potential street and lot alignments shall be shown on the map.

• 16. Any remainder parcels shall be shown on the map in their entirety.
• 17. All proposed phase lines shall be shown on the map.
• 18. The map shall contain the following information:

(a) Present zone district and General Plan land use designation.

(b) Proposed zone district and General Plan land use designation.

(c) Ultimate number of dwelling units to be constructed for residential subdivisions.

(d) Existing use of the property.

(e) Proposed use of the property.

(f) Gross and net site acreage.

(g) Source of the water supply.

(h) Source of sewage disposal.

(i) All public utilities to be provided to the site.

(j) For residential projects, a statement indicating how the use of passive natural heating and cooling opportunities are accommodated.

(k) A statement that all public improvements shall be constructed in accordance with City standards.

19. A preliminary grading plan shall be provided for all tentative tracts in such number as is specified by the secretary to the Planning Commission.

20. A preliminary title report prepared within six (6) months of the date of application shall be submitted.

21. The following additional information shall be submitted with all vesting tentative tract applications:

(a) A detailed grading plan and all fees required for review of the plan shall accompany a vesting tentative tract map application.

(b) A geotechnical report for the subject property.

(c) The proposed foot print of buildings or the minimum and maximum building coverage in square feet for each lot shall be shown or stated on the vesting tentative tract map.

(E) Content and Form of Related Applications:

1. Related Applications: Applications related to a tentative or vesting tentative tract map that are submitted prior to or concurrent with the map shall contain clear, concise, legible and accurate information. Such applications may include, but are not limited to the following:

(a) Environmental assessment application.

(b) General Plan amendment application.

(c) Zone change application.

(d) Conditional use permit application.

(e) Site plan review application.

(f) Annexation request.

2. Internal Consistency of Applications:

(a) Information presented in each application shall be consistent with information presented in related applications and on the map.

(b) All site plans, details, drawings and other graphic materials shall be consistent with information presented in related applications and on the map.

(c) An application to rezone a property, within the boundaries of a tentative or vesting tentative tract map, shall have boundaries consistent with the tentative or vesting tentative tract map. (Ord. 94-7, 6-6-94)

All tentative and vesting tentative tract maps shall be reviewed for potential impacts on the environment in accordance with the California Environmental Quality Act (California Public Resources Code section 21000 et seq.) and any amendments which may occur to that Act subsequent to adoption of this Section. (Ord. 94-7, 6-6-94)

The secretary to the Planning Commission, Superintendent of Public Works, City Building Official, City Engineer and Fire Chief shall be deemed to be and are empowered to act as the Subdivision Review Committee. The secretary to the Planning Commission shall serve as the Committee chairperson and shall convene the Subdivision Review Committee to formulate recommendations and requirements on the design and improvements of subdivisions. The Subdivision Review Committee shall, through the secretary of the Planning Commission, report its recommendations in the form of a staff report to the Planning Commission and City Council. The applicant shall be notified of the Committee's recommendations seventy two (72) hours in advance of any hearing or action on a tentative or vesting tentative tract map. (Ord. 94-7, 6-6-94)

(A) The Planning Commission shall consider all tentative maps at public meetings scheduled in accordance with applicable State and local laws. The Planning Commission shall take action by resolution to recommend approval, conditional approval or denial of the tentative map to the City Council. If a legal quorum can not be attained, the Planning Commission shall forward the map to the City Council without a recommendation. A majority of the voting members present constituting a quorum shall be required to pass a resolution. A tie vote shall be considered a technical denial without prejudice.

(B) A public hearing for all tentative maps shall be required. The public hearing shall be noticed in accordance with State law and the following:

1. The notice of the meeting shall indicate the time and place of the hearing and include a general description of the tentative map, its approximate location and initial environmental determination.

2. The notice shall be given in accordance with the California Environmental Quality Act, but in no case shall the project be noticed less than ten (10) days in advance of the public hearing. Notice shall be given in at least two (2) of the three (3) following methods:

(a) The notice shall be published at least once in a newspaper of general circulation, published and circulated in the City.

(b) The notice shall be given by mail or delivery to all persons, including businesses, corporations, or other public or private entities as shown on the latest equalized assessment roll as owning real property within three hundred feet (300') of the property which is the subject of the tentative map.

(c) The property shall be posted in a manner such that it is visible to passing vehicular and pedestrian traffic. A minimum of one notice per three hundred feet (300') of street frontage shall be provided.

3. The Planning Commission may continue an item to a specific time, date and place without the need for further noticing, provided that the time, date and place are publicly announced by the presiding officer. (Ord. 94-7, 6-6-94)

If the Planning Commission takes no action on a proposed subdivision within fifty (50) days of closing the public hearing or extensions as agreed to by the applicant in writing, then the map shall be recommended for approval in so far as it complies with State and local law. The specified time limit shall begin when the project is accepted and deemed complete for processing if environmental documents have been certified or approved in accordance with section 21000 et seq. of the Public Resources Code. If environmental documents have not been certified or approved, then the time limit shall begin when the appropriate environmental documents have been certified or approved. It shall be the duty of the secretary to the Planning Commission to certify and transmit the approval to the City Council. (Ord. 95-2, 3-6-95)

(A) The City Council shall consider all tentative maps at public meetings scheduled in accordance with applicable State and local laws. The City Council shall take action by resolution to approve, conditionally approve or deny the proposed tentative map. The action of the City Council shall be final. A tie vote shall be considered a technical denial without prejudice.

(B) A public hearing for all tentative maps shall be required. The public hearing shall be noticed in accordance with State law and the following:

1. The notice of the meeting shall indicate the time and place of the hearing and include a general description of the tentative map, its approximate location and initial environmental determination.

2. The notice shall be given in accordance with the California Environmental Quality Act, but in no case shall the project be noticed less than ten (10) days in advance of the public hearing. Notice shall be given in at least two (2) of the three (3) following methods:

(a) The notice shall be published at least once in a newspaper of general circulation, published and circulated in the City.

(b) The notice shall be given by mail or delivery to all persons, including businesses, corporations or other public or private entities as shown on the latest equalized assessment roll as owning real property within three hundred feet (300') of the property which is the subject of the tentative map.

(c) The property shall be posted in a manner such that it is visible to passing vehicular and pedestrian traffic. A minimum of one notice per three hundred feet (300') of street frontage shall be provided.

3. The City Council may continue an item to a specific time, date and place without the need for further noticing, provided that the time, date and place are publicly announced by the presiding officer. (Ord. 94-7, 6-6-94)

If the City Council takes no action on a proposed subdivision within thirty (30) days of closing the public hearing or extensions as agreed to by the applicant in writing, then the map shall be approved in so far as it complies with State and local law. Except that, the specified time period shall commence only after certification of the environmental impact report, adoption of a negative declaration or a determination by the City Council that the project is exempt from the requirements of division 13 (commencing with section 21000) of the Public Resources Code. It shall be the duty of the City Clerk to certify such approval. (Ord. 95-2, 3-6-95)

(A) Failure to record a final map within twenty four (24) months from the date of approval or conditional approval of the tentative map, or within any extension of time thereof granted by the City Council, shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be required.

(B) The applicant or successor in interest to an approved tentative map may request an extension of twelve (12) months, provided such extension does not extend the life of the map in excess of a total of five (5) years, including the initial approval. The City Council shall consider all extension requests. To be considered the request shall be submitted to the Director of the Community Development Department not less than forty five (45) days before the expiration of the tentative map. Such request shall be accompanied by all required forms, materials and fees. (Ord. 94-7, 6-6-94)

(A) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, written policies and standards as described in the California Subdivision Map Act 1

.

(B) Notwithstanding subsection (A) above, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined to exist:

1. A failure to do so would place the residents of the subdivision or immediate community, or both, in a condition dangerous to their health or safety, or both.

2. The conditions or denial are required in order to comply with State or Federal law.

(C) The rights conferred by this Section shall expire if a final map is not recorded prior to the expiration of the vesting tentative map as provided in Section 9-6-7.00 of this Title. If the final map is recorded these rights shall last for the following periods of time:

1. An initial period of twenty four (24) months. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map is recorded.

2. The initial time period set forth in subsection (C)1 above, shall be automatically extended by any time used for processing a complete application for a grading permit, if such review exceeds thirty (30) days from the time a complete application is submitted.

3. A subdivider may apply for a one year time extension within sixty (60) days of the expiration of the initial time period set forth in subsection (C)1 above. If the extension request is denied the subdivider may appeal that denial to the City Council if the appeal is filed within ten (10) days of the denial.

4. If the subdivider submits a complete application for a building permit for a subdivided lot, the period of time specified in this subsection (C) and the rights referred to herein, shall continue until the expiration of the permit and any extensions thereof. (Ord. 94-7, 6-6-94)

(A) Within the prescribed time for filing the final map, as approved by the City Council, the subdivider may cause the subdivision or any part thereof to be accurately surveyed and a final map to be prepared and filed. The final map shall conform to the tentative map, as approved, and shall comply with all provisions of Section 1.00 through 15.00. (Ord. 848, 11-15-82)

(B) The final map shall be filed with the City Clerk not less than sixty (60) days prior to the date by which the map must be recorded in order to permit the actions by the City Engineer, the City Council and the County Clerk-Recorder as required by Sections 1.00 through 15.00 and the Subdivision Map Act.

(C) See Section 9-6-6.17 for failure to record a final map within the specified time limits.

(A) When Filed. The final map may be filed when it is completed and all required improvement plans and certificates except the approval certificate of the City Council has been signed and acknowledged where necessary.

(B) With Whom Filed. The filing shall be with the City Clerk.

(C) Documents Filed.

1. The original final map and seven (7) copies shall be filed.

2. Evidence of title, acceptable to the County Clerk-Recorder, shall be secured from a title company indicating that, as shown by the public records, the parties whose signatures appear on the map and consent to the recordation of the map are all the parties having a record title interest in the land being subdivided whose signatures are required by the Subdivision Map Act.

3. Memorandum for the City Engineer containing the following data shall accompany the map:

(a) The total area of the tract submitted,

(b) The total area in roads and the total lineal length of roads,

(c) The total area in lots,

(d) The total number of lots,

(e) The area in parks, school sites or other lands offered for dedication or reserved for future public or quasi-public uses,

(f) The proposed use of the lots,

(g) Total areas for each of the proposed uses.

4. Two (2) copies of the protective covenants, if any, that are to be recorded shall accompany the map.

5. Improvement plans shall be submitted showing all of the improvements required herein, and all others proposed to be installed by the subdivider, in, on, over or under any roadway, right-of-way, easement or parcel of land dedicated by the map.

6. All notes, sheets and drawings showing traverse closure and the computation of all distances, angles and courses shown on the final map and ties to existing and proposed monuments and adjacent subdivisions shall accompany the map when required by the City Engineer.

7. All fees as hereinafter specified shall be paid.

8. A statement from the County Treasurer-Tax Collector shall be secured showing that there are no liens against the subdivision or any part thereof for unpaid taxes or special assessments collected as taxes, except taxes or special assessments not yet payable.

9. A statement shall be secured from the County Auditor-Controller giving his estimate of the amount of taxes and assessments which are a lien but which are not payable.

10. The necessary agreements or contracts, bonds and deposits as hereinafter specified shall accompany to allow the recordation of the map.

(A) A preliminary soil report shall be prepared by a civil engineer who is registered by the State, based upon test borings or excavations unless waived as hereinafter provided. Said borings or excavations shall be taken at specific locations determined by the City Engineer or at random locations if no specific locations are established. Not less than one test shall be made for every forty (40) lots or ten (10) acres, whichever represents the lesser area, and in no case shall there be no less than two (2) borings for each subdivision. The City Engineer may require additional tests when he determines the soil conditions within the subdivision are so varied that additional tests will be needed. If the City Engineer has knowledge of the soil qualities of the subdivision, he may waive some or all of the borings. The borings shall be at least ten feet (10') in depth. The depth of borings shall be adjusted to represent soil profiles after any proposed lot gradings and shall take into consideration the soil composition after excavations and embankments have been completed. The preliminary soil report shall contain the following information:

1. The maximum amount of excavation and fill to be expected;

2. The location of foundations in relation to excavations and fills;

3. The expansive qualities of the soils encountered where foundations are to be placed in and shall state the percentage of swell of a soil section taken from a representative undisturbed core sample under a load of six hundred twenty five (625) pounds per square foot, laterally restrained, saturated and allowed to swell. If footings are to be placed in fills, the expansive tests shall be performed under a load of six hundred twenty five (625) pounds per square foot, laterally restrained and compacted to ninety percent (90%) of maximum density with the moisture content below the shrinkage limit. The percentage of expansion shall be recorded after twenty four (24) hours. If the swell of the sample exceeds three percent (3%) it shall be presumed that the soil involved is critically expansive and a soil investigation as required in subsection (B) below will be required.

4. Recommended bearing values for the soils;

5. Whether other soil problems exist which, if not corrected, could lead to structural defects;

6. Copies of the test boring analysis. (Water well drilling logs shall not be substituted.)

(B) Soil Investigations. If the preliminary soil report indicates the presence of critically expansive soils, or other soils or fills would be of such depth that foundations will not rest on original ground, a soil investigation shall be prepared for each lot in the subdivision by a civil engineer who is registered by the State. The soil investigation report shall include the following:

• 1. The physical properties of subsurface formations;
• 2. The composition of subsurface soil and rock and ground water conditions;
• 3. The stability of anticipated cut or fill slopes;
• 4. The general type of site grading;

5. Recommendations on corrective actions which are likely to prevent structural damage to each dwelling to be constructed. These recommendations may include the requirement that the corrective work must be under the supervision of a registered civil engineer.

The soil investigation shall be reviewed by the City Engineer who shall approve the investigation if he determines that the recommended action is likely to prevent structural damage to each dwelling to be constructed.

(C) Waiver of Soil Report. The City Engineer may waive the preliminary soil report if he has knowledge of the soil qualities within the subdivision.

(A) Upon receipt of the final map, the City Clerk shall refer five (5) copies of the map, accompanied by the memorandum for the City Engineer and one copy of protective covenants, to the City Engineer for review and report.

(B) The City Engineer shall refer all easements for public utilities, including anchorage easements, to the proper public utility for review and recommendation.

(C) The City Engineer shall check and determine the correctness of surveying data, plans, profiles and specifications of improvements, certificates of dedication, acceptances of dedications and acknowledgements, and such other matters as require checking to insure compliance with Sections 1.00 through 15.00.

(D) If the final map and all accompanying materials are in the correct form prescribed by Sections 1.00 through 15.00, and the matters shown thereon are sufficient, their correctness shall be certified on the map by the City Engineer by his signature within twenty (20) days of receipt.

(E) The City Engineer shall thereupon transmit said map together with said other materials to the City Clerk for presentation to the City Council.

(A) Approval of Map.

1. At its next regular or adjourned meeting after the filing of a final map with the Clerk, the City Council shall consider said map to determine if it is in conformity with all the requirements of Sections 1.00 through 15.00.

2. The City Council shall at that time accept or reject any or all offers of dedication and shall, as a condition precedent to the acceptance of any roads or easements, require that the subdivider agree to improve the roads and easements. If at the time the final map is approved, any streets, paths, alleys or storm drainage easements are rejected, the offer of dedication shall remain open and the City Council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.

3. Upon approval of the map by the City Council by resolution the City Clerk shall present the map duly certified to the County Clerk-Recorder for recordation.

(B) Disapproval of Map:

1. If the City Council determines either that the map is not in conformity with the requirements of Sections 1.00 through 15.00, or the approved tentative map, or that the proposed improvements do not meet City improvement standards, the City Council shall by resolution disapprove such final map, specifying its reason or reasons therefor, and the City Clerk shall, in writing, advise the subdivider of such disapproval and the reason or reasons therefor.

2. The subdivider may file a new final map with the City Clerk altered to conform to all the requirements of Sections 1.00 through 15.00.

The final map shall be made by a registered civil engineer or licensed land surveyor who shall set monuments in conformity with monument standards so that the survey is readily retraceable. All data, profiles and other engineering drawings submitted with the final map shall be prepared and signed by a registered civil engineer.

(A) The final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film, including affidavits, certificates and acknowledgements, except that such affidavits, certificates and acknowledgements may be legibly stamped or printed upon the map with opaque ink. Signatures shall be in opaque black 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 of the map shall be eighteen inches by twenty six inches (18" x 26"). A line shall be drawn around each sheet leaving an entirely blank margin of one inch (1").

The scale of the map shall be one inch equals one hundred feet (1" = 100'); except that subdivisions with lots of two and one-half (2½) acres or greater may use a scale of one inch equals two hundred feet (1" = 200'), or the City Engineer may require one inch equals fifty feet (1" = 50') if complexity of detail so warrants.

When the final map consists of more than two (2) sheets a key map drawn to a scale of one inch equals one thousand feet (1" = 1,000') shall be placed on sheet number one indicating the relationship among all sheets.

The particular number of each 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.

The title of each final map shall consist of a tract number conspicuously placed at the top of the sheet followed by the words "consisting of ..... sheets" (showing the number thereof) followed by the words "In the City of Selma".

Below the title shall appear a description of all the property being subdivided, by reference to such map or maps of the property shown thereon as previously recorded or filed in the County Clerk-Recorder's office or previously filed with the County Clerk-Recorder pursuant to a final judgment in any action in partition, or previously filed in the office of the County Clerk-Recorder under authority of Chapter 3, Part 2 of Division 4 of the Business and Professions Code, or by reference to the plat of any United States survey.

Each reference in such description to any tract or subdivision, shall be spelled out and worded identically with the original records and must show a complete reference to the book and page of records of the County Clerk-Recorder. The description shall also include reference to any abandonment with the date, book and page of records of the County Clerk-Recorder.

The boundary line of a subdivision shall be indicated on the final map by approximately one-sixteenth inch (1/16") wide border outside such boundary line and shall not obliterate any line, figure or other data appearing on the map.

All lines shown on the map which do not constitute a part of the subdivision itself shall be clearly distinguishable from those lines which are a part of the subdivision.

Certificates and acknowledgements as are required by Sections 1.00 through 15.00 and the Subdivision Map Act shall appear on the title sheet of the final map, unless their omission is permitted in the manner provided by the Subdivision Map Act.

When a soil report has been prepared this fact shall be noted on the final map as specified in Section 11568 of the Subdivision Map Act.

A lot shall be shown in its entirety on one sheet:

(A) Designation. The final map shall particularly define, delineate and designate all lots intended to be reserved for private purposes, all parcels offered for dedication for any purpose and any private roads with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication other than for roads, alleys, pedestrian walkways, water lots or easements shall be designated by number.

(B) Lot Numbers. The lots shall be numbered consecutively beginning with the number "1" and shall continue without omission or duplication throughout the entire tract.

(C) Area Designation. Each lot containing an area of one acre or more shall have designated thereon the net acreage of such lot shown not less accurately than to the nearest one-hundredth (1/100) of an acre.

(A) The bearing and length of each lot line, block and boundary line shall be shown on the final map, provided that, when bearings or lengths of lot lines in any series of lots are the same such bearings or lengths may be omitted from each interior parallel lot line of such series. Each required bearing and length shall be shown in full and no ditto mark or other designation of repetition shall be used.

(B) The length, the radius, the total central angle of each curve and the central angle and length of each segment within each lot shall be shown thereon.

(C) The distances and bearings on the side lines of lots which are cut by easements shall be so arrowed or shown as to indicate clearly the actual length of each lot line.

(A) Data Required:

1. For each highway and road the following shall be shown:

(a) Width of existing right-of-way;

(b) Width of portion to be dedicated, if any;

(c) Center line with right-of-way width on each side;

(d) Center line data as follows:

i. Distance between center lines of streets and points of tangency,

ii. Length of each tangent,

iii. Radius,

iv. Central angle,

v. Length of each curve.

2. For each alley and pedestrian walkway the following shall be shown:

(a) Total right-of-way width;

(b) Bearings and distances as needed.

3. For each water lot and other parcel offered for public or private use the following shall be shown:

(a) The intended use;

(b) Dimensions of parcel (with bearings and distances as needed).

(B) Non-Access Line. Non-access lines shall be shown on the final map. The certificate shall indicate therein where direct access rights are being relinquished. (Ord. 779, 10-17-77)

(C) Road Names: Each road shown on the final map shall have a name. The road name shall be subject to approval by the City Council and subject to the following:

1. Road names in the City shall be simply spelled, and euphonic if possible.

2. No duplicate, similar spellings, or similar sounding names of roads shall be allowed.

3. Family names (given and last) of historical significance to the community (not in conflict herewith) shall be the only names of persons for consideration. Such family name or other name of historical significance shall be referred to a recognized authority on local history (to be appointed by the City Council) for a review and report on the historical significance of the name.

4. Only one road name shall be used on any single alignment. Names on present road alignments whether in the City or County, shall be continued when new sections of such roads are developed. A single alignment is defined as one which does not deviate from a straight line by more than one hundred twenty five feet (125').

5. Cul-de-sacs with a neck of less than fifty feet (50') (measured from right-of-way line to beginning of curve) shall bear the name of the main road. Any cul-de-sac with a neck beyond said fifty feet (50') shall be named according to provisions of this policy for new roads.

6. A road making a ninety degree (90°) turn or greater shall bear a separate name. Minor jogs in which the road continues in substantially the same direction shall be excepted from this provision.

7. In the determination of the suffixes of public roads:

(a) The through roads continuing the alignment of Fresno County roads from the rural area shall be designated as "Avenue".

(b) All other roads shall be designated as "Street". The designation "Court", "Lane", "Way", or "Circle" shall be applied only on cul-de-sacs, meandering roads, or very short roads not sharing the alignment with another road and not in conflict with other provisions of this Section.

(c) Special action of the City Council shall be required for a road to be designated "Boulevard" except for Golden State Boulevard and Nelson Boulevard.

8. Patterns of road names on neighboring alignments are encouraged.

9. No further development of the alphabet roads north of Oak Street alignment shall be permitted.

10. The words "Avenue", "Boulevard", "Place", or other designation of any such road or way, shall be spelled out in full on the final map and have a proper indication of north, south, east or west as a prefix thereto. (Ord. 813, 5-19-80)

(D) Dedication. If a highway, road, alley, pedestrian walkway, water lot or other parcel intended for public use is being dedicated by a final map it shall be properly designated on the map and set out in the owner's certificate of dedication on the map.

(E) Private Roads. The same data shall be shown for private roads to define their boundaries as is required for public roads in subsection (A) of this Section, and also sufficient mathematical data to show clearly the portion of each lot within such road. Private roads shall be designated by name and shall have inserted within the limits thereof the words "Not a Public Road" and shall be shown on the map by heavy dashed lines.

(F) Private Roads, Dedication. If a road is approved by the City Council as a private road it shall be dedicated for the private use of the lot owners which it is intended to serve. Where the approved private road shall be intended to serve a lot or lots, each consisting of less than twenty (20) acres, that road shall be offered for dedication for public use but rejected at the time of the approval of the final map.

(A) Location, Width and Ties. The final map shall show the width, the side lines or center lines and sufficient ties to definitely locate each easement to which the lots in the subdivision are subject. If the location of such easement cannot be definitely determined, a statement shall be placed on the map acknowledging the existence of such easement.

(B) Designation, Notes and Figures. Each easement shown for any canal, ditch, storm drain, sewer or utility shall be designated by a fine dashed line and clearly labeled and identified with all notes and figures pertaining thereto subordinate in form and appearance to those relating to the subdivision itself. If the easement is of record, the record reference shall be shown.

(C) Dedication. If an easement is being dedicated by a final map it shall be properly set out in the owner's certificate of dedication on the map.

Each County or City boundary line crossing or adjoining the subdivision shall be shown upon the final map and such line shall be clearly designated and tied in. No lot shall be divided by a County, City, school or special district boundary line.

The final map shall show the location and type of all monuments placed in accordance with Section 9-6-7.25.

(A) Flood Water. If any portion of the land within the subdivision shown on any final map is subject to inundation or flood hazard by storm waters, such fact and portion shall be clearly shown by a prominent note on each sheet of such final map.

(B) Overflow or Ponding. If any portion of such land is or will be subject to periodic sheet overflow, or ponding of local or foreign storm water, the City Engineer, after consulting with the design engineers, shall so inform the State Real Estate Commissioner.

(C) Natural Watercourses. The location of any watercourse, channel, stream or creek which functions as a drainageway shall be shown on the final map. In the event said watercourse, channel, stream or creek is to be relocated, only the new location need be shown on the final map.

The final map shall show the tract number (and name, if any) of abutting subdivisions.

The recordation of the final map and the construction of subdivision improvements may, with the approval of the City Council, be performed in two (2) or more units; however, each unit must have a separate tract number. No bonds, deposits, payments or other security need be furnished for the deferred unit or units until the final map for the deferred unit or units is submitted to the City Council for approval. Final maps for all units shall be filed with the City Council within the time limits set forth in this Title for the filing of a final map.

Title to dedicated property shall pass upon its acceptance by the City Council and recordation of the final map. The responsibility for maintenance of improvements shall not pass to the City until the improvements have been accepted by the City Council pursuant to Section 941 of the Streets and Highway Code of the State.

If at the time the final map is approved any roads are rejected, the offer of dedication shall remain open and the City Council may, by resolution at any later date and without further action or obligation by the subdivider, rescind its action and accept and open the roads for public use. Such acceptance shall be recorded in the office of the County Clerk-Recorder and the Clerk-Recorder shall make a note of such action on the subdivision plat.

If a resubdivision of an existing subdivision proposes to realign roads and other easements any previous dedication, whether accepted or rejected, shall be summarily vacated and abandoned upon approval and recordation of the new map and the recordation of a certified copy of the City Council's resolution approving the map and vacating the previous roads and other easements.

(A) Accuracy. The procedure and practice of all survey work done on any subdivision, in the preparation of a final map, shall conform to the accepted standards of the engineering profession. The accuracy of all boundary surveys done in connection with any subdivision shall have a precision of one in ten thousand (10,000).

(B) Existing Center Lines. In the event the City Engineer, the State Highway Engineer or the County Director of Public works has established the center line of any street or alley in or adjoining a subdivision, the final map shall show such center line together with reference to a field book or map showing such center line and the monuments which determine its position. If determined by ties, that fact shall be stated upon the final map.

(C) Existing Monuments. Each final map shall fully and clearly show and identify such monuments or other evidence determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining subdivisions, by lot and block number, tract name and place of record, or by section, township and range, or other proper designation as may be necessary to locate precisely the limits of the subdivision and to permit the survey to be retraced.

(D) New Monuments:

1. The location, size and depth of all monuments placed in making the survey shall be shown and, if any were reset by ties, that fact shall be shown. All monuments on the exterior boundary of the subdivision, except those within construction zones, shall be placed prior to the approval of the final map. All interior monuments shall be set subsequent to the completion of the subdivision improvements and a bond shall be presented by the subdivider as provided for in Section 66596 of the Subdivision Map Act.

2. Monuments shall be placed and shall be of the type specified below:

(a) 3/4" x 28") pipe, permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it, each number preceded by the letters "L.S." or "R.C.E." respectively as the case may be.

(b)

3. The City Engineer may allow the use of off-set monuments, properly tied to reference monuments, when necessary due to terrain, waterways or other monuments other than those specified in subsections (D) 1 and 2 above.

(E) Monuments, Replacement. Before street improvements are accepted, all existing monuments disturbed by the placement of any improvements shall be reset.

(F) Bench Marks. Bench marks shall be set at locations required by the City Engineer. The datum for the area within the City shall be based upon datum established by the United States Coast and Geodetic Survey Sea Level Datum 1929, as amended.

(G) Standard Plaque, Numbering and Location Information. Identification of monuments and bench marks shall be through the use of a standard plaque.

Descriptions of all monuments and bench marks shall be furnished to the City Engineer for inclusion in his records.

(H) California Coordinate System. All surveys required by Sections 1.00 through 15.00, or necessary to the subdivision of land, shall conform to the California Coordinate System when required by the City Engineer. When required, each final map shall show the California coordinate of every monument and all California coordinates shall be used and shown on all traverse closure sheets and other notes and ties which are required by Section 9-6-7.02.

(I) Mathematical Accuracy. The blocks and lots of each final map or approved map of record shall have a mathematical accuracy of closure to one in ten thousand (10,000). (Ord. 779, 10-17-77)

(A) Governing Provisions: The design, improvement, and survey data for divisions of land requiring parcel maps and/or tentative parcel maps, and the procedure to be followed in securing official approval for said maps, shall be governed by the provisions of the Subdivision Map Act and by the provisions of Sections 9-6-1 through 9-6-15.

(B) Applicability. A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act, except where the requirement for a parcel map is waived as provided by Section 9-6-1.04 (B) (6), and except for subdivisions created by short term leases (terminable by either party on not more than thirty (30) days' notice in writing) of a portion of an operating right of way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; or for land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights of way; provided, however, that upon a showing made to the Planning Commission based upon substantial evidence that public policy necessitates such a map, this exception shall not apply.

(C) Merger of Contiguous Parcels:

1. Two (2) or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Act or City ordinance enacted pursuant thereto or were not subject to such provisions at the time of their creation shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceeding under the Subdivision Map act or this Chapter shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any of them; except that if any one of such contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development under the provisions of the Zoning Ordinance or other City ordinance and at least one of such contiguous parcels or units is not developed with a building for which a permit has been issued by the City Building Inspector or which was built prior to the time such permits were required by the City, then such parcels shall be merged only to the extent necessary to form one or more units which conform to lot area, width and depth requirements set by the City Zoning Ordinance, for the purposes of the Subdivision Map Act and this Chapter.

2. Any parcels or units of land merged prior to July 7, 1977, shall be deemed unmerged and separate parcels except where merger is necessary to form one or more units which conform to the area, width and depth requirements set by the City Zoning Ordinance.

3. Whenever it has been determined that real property has merged pursuant to the Subdivision Map Act or this Chapter, the secretary of the Planning Commission shall cause to be filed for record with the County Recorder a notice of such merger specifying the names of the record owners and particularly describing the real property, provided that, at least thirty (30) days prior to the recording of the notice, the owner of the parcels or units to be affected by the merger shall be advised in writing of the intention to record the notice and specifying a time, date and place at which the owner may present evidence to the Planning Commission why such notice should not be recorded.

(A) Filing. The provisions of Section 9-6-6.00 shall govern the filing of tentative parcel maps.

(B) Application Form. Application for the approval of a tentative parcel map shall be made upon the form provided by the secretary of the Planning Commission. The application shall contain the following information:

• 1. A legal description of the whole parcel proposed to be divided;
• 2. Existing use of the parcel to be divided;
• 3. The proposed use of the parcels to be created;
• 4. The existing and proposed zoning on the parcel to be divided;
• 5. The source of domestic water supply and the proposed method of sewage disposal;
• 6. Name, address and telephone number of the applicant and owners;

7. Certification by owner that he/she is the owner of the property on the map as proposed for subdivision, has examined the map and consents to its submission;

8. A preliminary title report describing the status of all interests in the parcel to be divided shall be attached thereto.

(C) Tentative Map, Form and Content. A tentative parcel map shall be legibly drawn on reproducible material to a scale and in a manner prescribed by the City Engineer to best illustrate the proposed division of land.

The following information shall be shown on the map:

1. The boundary lines of the entire parcel including the area to be divided, with dimensions, based on existing survey data or property description;

2. The proposed division lines with dimensions;

3. Identification of each parcel with a number;

4. All existing buildings and structures located within one hundred feet (100') of all proposed boundary lines, together with their major exterior dimensions and the distance from said boundary lines (except when located on the opposite side of public rights-of-way);

5. The location of all existing wells, septic tanks and leaching fields located within one hundred feet (100') of all proposed boundary lines, with the distance from said boundary lines (except when located on the opposite side of public rights-of-way);

• 6. The location and names of all abutting roads;
• 7. The location, widths and names of any roads proposed by the subdivider;
• 8. Source of data from which the map was drawn;
• 9. Name, address and telephone number of the person preparing the map;

10. The width and location of all existing or proposed easements or rights-of-way within the land being divided or on its boundaries;

11. Land subject to flooding;

12. Watercourses, streams and drainage channels;

13. Such additional information as the City deems necessary due to unusual topography or drainage conditions.

(D) Review and Approval of Tentative Parcel Maps:

1. The procedure for reviewing and approving tentative parcel maps shall be as set forth in Section 9-6-6.08 through 9-6-6.17 for tentative maps.

(E) Review by the Planning Commission:

1. The Commission may make such investigation as it may determine necessary for the purpose of making its decision. The Commission shall consider the proposed division of land and said tentative parcel map thereof and shall determine whether such comply with this Article and shall by resolution approve, conditionally approve or disapprove of the design of such map. In approving, conditionally approving or denying a tentative parcel map, the Planning Commission shall make the findings required in Section 9-6-4.02.

2. If the tentative parcel map shows, or if the Commission determines that any dedication for public use should be required, such map shall be referred to the Council which may by resolution disapprove or tentatively approve such dedication.

3. The Commission shall make its report on said matter directly to the subdivider. Such report shall be made within thirty (30) days after such map and negative declaration or environmental impact report as may be required have been filed with the Commission.

(F) Exceptions. The Planning Commission shall have the authority to grant exceptions in the manner provided in Section 9-6-11.00, except that no referral to and no action by the Council thereon shall be required unless the Commission's decision is appealed as provided below.

(G) Waiver of Parcel Map:

1. Application: A subdivider may, at the time of filing of a tentative parcel map, file a request for waiver of the requirement for a final parcel map. Such a request shall be filed with the Secretary of the Planning Commission in the form of an application therefor furnished by the City.

2. Findings Required: The Planning Commission shall waive the requirement for the filing of a final parcel map if, after consideration of the tentative parcel map, information submitted therewith, and any such investigation as it may determine necessary for the purposes of making its decision, it finds that all of the following conditions have been met:

(a) That the subdivider has complied with the provisions of subsection 9-6-8.02 of this Chapter.

(b) That adequate monuments exist in the field which appear of record in the office the the County Recorder to permit the retracement of boundaries for each parcel to be created.

(c) That no dedications of rights of way or easements are offered or required.

(d) That all onsite and offsite improvements as required for parcel maps by Section 9-6-8.04 have been completed.

(e) That the proposed division of land complies with requirements as to area, design, floodwater drainage control, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act and this Chapter.

3. Waiver Certificate: The instrument evidencing the Planning Commission's waiving the requirement for a parcel map shall be known as a "Waiver's Certificate" which shall be prepared by the subdivider and shall consist of the following form, matters and attachments:

(a) A description of the boundary of the property proposed to be subdivided.

(b) A property plat map prepared by or under the direction of a registered civil engineer or licensed land surveyor and legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black.

(c) The location of all division lines and the exterior boundary of the land included with the subdivision shall be indicated by distinctive lines and clearly so designated.

(d) The map shall be signed and sealed by the registered civil engineer or licensed land surveyor.

(e) A certificate shall be signed and acknowledged by the parties having record title interest, consenting to the preparation and recordation of the waiver's certificate.

(f) The size of each sheet shall be eight and one-half inches (8½") by thirteen inches (13"). An entirely blank margin of two inches (2") shall be left at the top of each sheet.

4. Filing of Waiver Certificate:

(a) The waiver certificate shall be submitted to the secretary of the Planning Commission for his examination prior to filing, together with all necessary fees for the recordation of the waiver certificate and evidence that all fees as hereinafter required have been paid. The Secretary of the Planning Commission shall examine the certificate of waiver, and if he finds the same to be substantially in the form required by this Chapter, and in conformity with the conditions imposed by the Planning Commission in connection with the approval of the tentative parcel map, he shall accept the same for filing and shall then transmit the same to the City Engineer.

(b) Within twenty (20) days after receiving the waiver certificate or within such additional time as may be reasonably necessary, the City Engineer shall determine whether the waiver certificate is technically correct and conforms with the approved tentative parcel map. If approved, he shall so certify upon the waiver certificate.

(c) After affixing his signature upon the waiver certificate, the City Engineer shall deliver the certificate to the secretary of the Planning Commission who shall present the certificate to the County Recorder for filing. When the certificate is presented to the County Recorder and is accepted by him, he shall file and index the same in the official records of the County.

5. Waiver of the parcel map shall not preclude the payment of fees as provided by Section 9-6-12. Said fees shall be calculated in the same manner as though a parcel map had been required and shall be paid prior to the filing of the waiver certificate with the secretary of the Planning Commission.

(H) Appeals. In case a subdivider or any party is not satisfied with the action of the Planning Commission he may, within fifteen (15) days of its decision, appeal in writing to the City Council and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Planning Commission or whereby its decision is not supported by the evidence in the record. The Council shall hear such an appeal at its next succeeding regular meeting and shall give written notice of such hearing to the appellant and the Planning Commission. The decision of the City Council shall be final.

(A) Map Validity: No subdivision that is governed by the provisions of this Article shall be deemed valid until and unless it conforms to the applicable provisions of Section 9-6-1 through 9-6-15, and has been so certified by the secretary of the Planning Commission or City Clerk and referred to and filed with the County Recorder.

(B) Proceedings Termination: Failure to file a parcel map within one year after the date on which the tentative parcel map is approved or conditionally approved by the Planning Commission or City Council, or any extension thereof, shall terminate all proceedings. Before a parcel map may thereafter be filed, a new tentative parcel map shall be submitted and approved. Upon written application by the subdivider filed prior to the expiration date of the tentative parcel map, an extension of not more than eighteen (18) months may be granted by the Planning Commission; provided, however, that no tentative parcel map may be approved for a period exceeding a total of two and one-half (21/2) years.

(C) Parcel Map Withdrawal:

1. In the event the applicant wishes to terminate his application prior to the recordation of the parcel map, he shall submit his request in writing to the secretary of the Planning Commission. Where an agreement to construct improvements has been executed, the City Council may release the applicant from his agreement to improve and release to him any surety bond or cash deposit which he may have posted upon completion of necessary abandonment proceedings;

2. In the event the parcel map has been recorded with the County Recorder, a revised parcel map may be prepared in the manner prescribed in this Chapter for an original parcel map, and the revised parcel map shall supersede any previous parcel map.

(D) Parcel Map, Form And Content: The subdivider shall file twenty five (25) copies of the parcel map with the secretary of the planning commission not less than sixty (60) days prior to the date on which the map must be recorded. The format and content of the final map shall be as prescribed in the following provisions and the subdivision map act:

1. The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed surveyor;

2. It shall be a map legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film including certificates, except that such certificates 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; (Ord. 803, 6-18-1979)

3. The size of each sheet shall be eighteen inches by twenty six inches (18" x 26"). A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch (1");

4. The scale of the map shall be one inch equals one hundred feet (1"=100'), except that subdivisions with lots of two and one- half (21/2) acres or greater may use a scale of one inch equals two hundred feet (1"=200') or the city engineer may require one inch equals fifty feet (1"=50') if complexity of detail so warrants;

5. When the parcel map consists of more than two (2) sheets a key map drawn to a scale of one inch equals one thousand feet (1"=1,000') shall be placed on sheet number one indicating the relationship among all sheets. The particular number of each 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;

6. The title of each parcel map shall consist of a parcel map number conspicuously placed on the sheet followed by the words "consisting of ..... sheets" (showing the number thereof) followed by the words "In the City of Selma". There shall appear a description of all the property being subdivided by reference to such map or maps of the property shown thereon as previously recorded or filed in the county clerk-recorder's office or previously recorded or filed with the county clerk-recorder pursuant to a final judgment in any action in partition, or previously filed in the office of the county clerk-recorder under authority of chapter 3, part 2 of division 4 of the Business and Professions Code, or by reference to the plat of any United States survey. Each reference in such description to any tract or subdivision shall be spelled out and worded identically with the original records thereof and must show a complete reference to the book and page of records of the county clerk-recorder. The description shall also include reference to any abandonment with the date, book and page of records of the county clerk-recorder;

7. The exterior boundary of the land included within the subdivision shall be indicated by distinctive lines and clearly so designated. The map shall show the location of each parcel and its 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 of such remainder if such remainder has a gross area of five (5) acres or more;

8. A lot shall be shown in its entirety on one sheet. The parcel map shall particularly define, delineate and designate all parcels intended to be reserved for private purposes, all parcels offered for dedication for any purpose and any private roads, with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication other than for roads, alleys, pedestrian walkways, water lots or easements shall be designated. The parcels shall be numbered consecutively and shall continue without omission or duplication throughout the entire subdivision. Each parcel containing an area of one acre or more, excluding public easements of record, shall have designated thereon the net acreage of such lot shown not less accurately than to the nearest one-hundredth (1/100) of an acre;

9. Certificates and acknowledgements as are required by the subdivision map act shall appear on the title sheet of the parcel map, unless their omission is permitted in the manner provided by the subdivision map act;

10. A certificate, either separate document or certificate on parcel map, signed and acknowledged by all parties having any record title interest in the real property subdivided, as specified in section 66445 of the subdivision map act, consenting to the preparation and recordation of the parcel map is required. However, with respect to a division of land into four (4) or fewer parcels, where dedications or offers of dedications are not required, the certificate shall be signed and acknowledged by the subdivider only;

11. A certificate for the city clerk shall be required where dedications are offered and shall certify the action of the city council to accept or reject the proposed dedications;

12. Evidence of title, acceptable to the county clerk-recorder, shall be secured from a title company indicating that, as shown by public records, the parties whose signatures appear on the map and consent to the recordation of the map are all the parties having a record title interest in the land being subdivided whose signatures are required by the subdivision map act.

(E) Survey Data Requirements For Parcel Maps:

1. The survey data requirements for parcel maps shall be the same as the requirements prescribed for final subdivision maps in sections 9-6-7.15 through 9-6-7.25 of this chapter.

2. A parcel map may be compiled from available record or filed data when sufficient survey information exists on filed maps and when the location of any boundary of the parcel map, either by monuments or possessory lines, is certain. If there is not sufficient survey information on filed maps and when the location of the boundary of the parcel map is uncertain a field survey shall be made.

(F) Examination Of Parcel Map, Secretary Of The Planning Commission: The secretary of the planning commission shall examine the parcel map, and if he finds the same to be substantially in the form required by this chapter and in conformity with conditions imposed by the planning commission in connection with the approval of the tentative parcel map, he shall accept the same for filing and shall then transmit the same to the city engineer.

(G) Examination Of Parcel Map, City Engineer: The city engineer shall examine the parcel map and it shall be certified by him if he shall find that such map is substantially the same as the approved tentative parcel map and that the map is technically correct and in proper form as required by this chapter and the subdivision map act. Review of the parcel map shall be completed by the city engineer within twenty (20) days after receiving the map or within such additional time as may be reasonably necessary.

(H) Verification Of Improvements: If the subdivider states that the required improvements, if there be any, or any part of them have been completed, they shall be inspected by the city engineer, or any other city officer designated for such purpose by the council, and if the same have been completed in conformity with the requirements of the planning commission and applicable provisions of sections 9-6-1.00 through 9-6-15.00 of this chapter he shall certify such fact on the parcel map or attach a certificate thereto so showing. If any of the improvements have not been properly completed he shall attach his report thereof to the map.

(I) Completion Of Improvements Or Agreement Therefor: The required improvements shall be completed and the certificate of completion so showing shall be filed with the secretary of the planning commission before he shall approve the parcel map, unless the subdivider shall enter into an agreement with the city council in accordance with the provisions of section 9-6-12.00 of this chapter to ensure completion of the improvements.

(J) Final Certification: When the secretary of the planning commission shall find that the parcel map is substantially in the form required by this chapter, in conformity with the conditions imposed by the commission in connection with the approval of the tentative parcel map, that, where required, the agreement and bonds respecting improvements have been approved and filed, and that all certificates of approval herein required have been made, he shall endorse on such map the final certification thereof.

(K) Acceptance Of Dedications: If dedications are offered or required the secretary of the planning commission shall transmit the parcel map or deeds of dedication to the council which may accept or reject any or all offers of dedication by resolution. If the offer of dedication is shown on the parcel map any acceptance and the date thereof shall be certified on such map by the city clerk. Dedications shall be completed prior to filing of the parcel map with the recorder. If, at the time the final map is approved, any streets, paths, alleys or storm drainage easements are rejected, the offer of dedication shall remain open and the city council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the county recorder.

(L) Recordation Of Parcel Maps: Upon final certification and acceptance or rejection of dedications the city clerk shall present the map to the county recorder for filing. (Ord. 779, 10-17-1977)

All divisions of land shall be designed and improvements thereon constructed and dedications therefrom required as in the case of subdivisions as provided in section 9-6-10.00 of this chapter. (Ord. 779, 10-17-1977)

Fees, bonds and deposits that are required for the filing, or as a condition of the recordation of a final parcel map, are governed by the provisions of section 9-6-12.00 of this chapter. (Ord. 779, 10-17-1977)

See section 9-6-11.00, "Exceptions And Deferrals", of this chapter. (Ord. 821, 2-2-1981)

Pedestrian walkways or bikeways may be required where needed for:

(A) Access to schools, playgrounds or parks, shopping centers or other public areas;

(B) Traffic safety; or

(C) Access through unusually long blocks;

(D) Access to public areas shown on an approved general plan. (Ord. 779, 10-17-1977; amd. Ord. 828, 7-20-1981)

(A) Authority: This section is enacted pursuant to the authority granted by section 66477 of the Government Code of the state of California. 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 conservation, open space and recreation element of the general plan of the city of Selma, adopted by the city of Selma on August 21, 1989. (Ord. 2003-5, 3-17-2003)

(B) Land Or Fee For Park Or Recreational Purposes: As a condition of approval of a final map or parcel map the subdivider shall dedicate 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.

(C) General Standard: It is hereby found and determined that the public interest, convenience, health, welfare and safety require that five (5) acres of property for each one thousand (1,000) persons residing within this city be devoted to local public park and recreational purposes. (1963 Code)

(D) Standards And Formula For Dedication And Development Of Land:

1. Where a park or recreational facility has been designated in the conservation, open space and recreation element of the Selma general plan, 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 such subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision.

2. The amount of land to be provided shall be determined pursuant to the following standards and formula:

(a)

Average number of persons/unit = 1,000 population

5 acres

(b)

PARK LAND DEDICATION FORMULA

(c)

Note:

1. The children's play area shall include play equipment such as swing sets, jungle gyms or similar equipment that is approved by the community services department. Each such area shall be not less than 900 square feet in area.

(Ord. 2003-5, 3-17-2003)

(E) Formula For Fees In Lieu Of Land Dedication:

1. General Formula: If there is no park or recreational facility designated in the conservation, open space and 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 subsection (D) of this section and in an amount determined in accordance with the provisions of subsection (G) of this section, such fee to be used for a local park which will serve the residents of the area being subdivided.

2. Fees In Lieu Of Land; Fifty Parcels Or Less: If the proposed subdivision contains fifty (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 subsection (D) of this section and in an amount determined in accordance with the provisions of subsection (G) of this section. (1963 Code)

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 or, if the city council deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. Not more than twenty five percent (25%) of the fees collected may be used for improvements or upgrades of existing facilities. All other monies collected will be utilized for the acquisition and development of new park space and/or improvements thereon. (Ord. 2003-5, 3-17-2003)

(F) Criteria For Requiring Both Dedication And Fee: In subdivisions of over fifty (50) lots 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 conservation, open space and recreation 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 subsection (G) of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection (D) of this section.

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 subsection (G) of this section shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to subsection (D) of this section, 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. (1963 Code)

(G) Amount Of Fee In Lieu Of Land Dedication And Development: Where a fee is to be paid in lieu of land dedication and development, the amount of such fee shall be based upon the estimated costs of dedication and development of park space. The fee schedule for in lieu of land dedication and development is as follows:

The fee schedule and collections shall be reviewed annually during this period and the rates shall be adjusted if deemed appropriate by the city council. The schedule shall be revisited based upon the city's continuing needs no later than May 1, 2007. (Ord. 2003-5, 3-17-2003)

(H) Subdivisions Not Within General Area: Where the proposed subdivision lies within an area not then, but to be, included within the city general plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the city general plan and in accordance with the provisions of this section.

(I) 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, 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 conservation, open space and recreation element; and
• 6. Availability of previously acquired park property.

The determination of the city council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

(J) Credit For Private Open Space: No credit shall be given for private open space in a subdivision.

(K) Procedure: At the time of approval of the tentative map, the city council shall determine, pursuant to subsection (I) of this section whether the land shall be dedicated and/or fees paid by the subdivider. At the time of the filing of the final map or parcel map the subdivider shall dedicate the land and/or pay the fees as previously determined.

(L) Commencement Of Development: At the time of approval of the final subdivision map the city council shall specify when development of the park or recreational facilities shall be commenced.

(M) Exemptions: The provisions of this section shall not apply to subdivisions containing less than five (5) parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four (4) years, the fee 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 section also shall not apply to industrial subdivisions; nor to condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added; nor to parcel maps for a subdivision containing less than five (5) parcels for a shopping center containing more than three hundred thousand (300,000) square feet of gross leasable area and no residential development or uses. (1963 Code)

(A) A subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school may be required to dedicate to the school district or districts within which such subdivisions are to be located such land as the city council deems to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service.

Exception: The city council shall not require the dedication of an amount of land which would make the development of the remaining land held by the subdivider economically unfeasible or which would exceed the amount of land ordinarily allowed under the procedures of the state allocation board.

(B) This section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative subdivision map.

(C) The requirement of dedication shall be imposed at the time of approval of the tentative subdivision map by the city council. If, within thirty (30) days after the requirement of dedication is imposed by the City Council, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, this requirement shall be automatically terminated.

(D) The required dedication shall be made any time before, concurrently with or up to sixty (60) days after the filing of the final map for any portion of the subdivision.

(E) In the event the school district accepts the dedication, it shall repay the subdivider or his successors the original cost to the subdivider of the dedicated land, plus such other additional cost and expenses of the subdivider as are more particularly provided in Section 66478 of the Government Code.

(F) In the event the land is not used by the school district as a school site within ten (10) years after the dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor, together with interest at the rate of seven percent (7%) per year from the date of payment by the district to the date the option is exercised.

(G) The school district to which the property is dedicated shall record a certificate with the Clerk-Recorder of the County containing therein all information required by said Section 66478.

(A) The City may require that areas of real property within a subdivision be reserved for parks, recreational facilities, fire stations, libraries or other public uses subject to the following conditions:

1. The requirement is based upon an adopted specific plan or an adopted General Plan containing a community facilities element, a recreation and parks element or a public building element, and the required reservations are in accordance with definite principles and standards contained therein.

2. The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.

3. The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible.

(B) The reserved area shall conform to the adopted specific or General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such event the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices.

(C) The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

(D) If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

Prior to filing of any final map or parcel map the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Section 66483 of the Government Code.

The purpose of this Section is to make provision for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484 of the Government Code.

(A) Supplement Improvements Required. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.

(B) Supplemental Improvements; Reimbursement Agreement, Funding Procedures. No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Section 9-6-6.11 of this Ordinance is held thereon by the City Council, and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

In addition to the notice required by Section 9-6-6.11 of this Ordinance, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten (10) days prior to the date established for hearing.

(C) Supplemental Improvements; Drainage, Sewerage, Bridges and Major Thoroughfares. If the City has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this Ordinance, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this Ordinance. The City may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares and the charges collected by the City therefor may be utilized to reimburse the subdivider as set forth herein.

Design and improvements shall conform to Sections 1.00 through 15.00 and the improvement standards. Design shall also provide for adequate traffic circulation and should promote the extension of aesthetic values.

Layouts shall conform as follows:

(A) Street rights-of-way widths shall be in accordance with Table 1 codified in Section 9-6-10.39.

(B) Streets which are extensions of existing streets shall continue the center line of the existing street, as far as practicable, either in the same direction or by adjustment curves.

(C) All opposing streets entering upon any given street shall have their center lines directly opposite each other or separated by at least one hundred twenty five feet (125').

The center lines of streets shall intersect one another as nearly at right angles as practicable, shall not be excessively curved and shall conform to the requirements for sight distance provided in the improvement standards.

Abutting land, not part of a subdivision, shall not be permitted to a dedicated part-width or dead-end road over a restricted access strip.

(A) Restricted access strips shall be provided along and at the end of part-width and dead-end roads to separate them from abutting land not part of the subdivision.

(B) Said restricted access strip shall be not less than one foot (1') in width and shall be offered for dedication to the City for road purposes.

(C) Said restricted access strip shall be shown on the map and identified as a "Restricted Access Strip ........." (Insert, in alphabetical order, the appropriate letter designation.)

The design of the subdivision shall be so that full width local roads will be provided.

Stub roads shall be provided where necessary to give access to or permit a satisfactory future development of adjoining land. The road shall extend to the boundary line of the property, or within one foot (1') thereof where a restricted access strip is dedicated.

Stub roads which are abutted by more than one lot on either side shall be terminated by a temporary turn-around. The turn-around shall conform to the improvement standards. A stub road may be approved by the City Council without a temporary turn-around when the road is less than one hundred fifty feet (150') in length, or its length equals the dimensions of the corner lot along the road, whichever is greater.

Cul-de-sac roads shall be terminated by a permanent turn-around as provided in the improvement standards. Cul-de-sac roads shall not exceed three hundred feet (300') in length, measured from the center line of the intersecting road to the end of the turn-around, unless an additional fire hydrant is located at the end of the turn-around, in which case the maximum length may be five hundred feet (500').

Where lots in a subdivision front on any highway shown in the circulation element of the General Plan, the City Council may require the dedication and improvement of a frontage road for access to those lots.

Frontage road intersections which open onto any highway shown on the General Plan shall be through the bulb type intersection as provided in the improvement standard.

When a subdivision does not abut upon a public road an access road may be required by the City Council to connect the subdivision with a public road. When required, the access road shall be considered to be a part of the subdivision and shall meet all requirements of Sections 1.00 through 15.00.

Whenever the Commission or the City Council has determined that a particular local road is not at this time warranted, but is anticipated to serve local neighborhood traffic needs, the City Council may require that the location, width and extent of such road be shown on the final map and offered for dedication for road purposes.

If a parcel of land to be subdivided includes a portion of the right-of-way for a State highway, the right-of-way which has been certified by the California State Highway Commission, the subdivider shall either dedicate or withhold from subdivision all the area included in said right-of-way.

Whenever it is proposed to subdivide property abutting an approach to an existing or precise plan lined grade separation, the subdivision shall be so arranged that any lot abutting such approach shall have suitable access elsewhere and that the street layout adequately provides for and conforms to such approach.

(A) Where Required. An alley, with adequate ingress and egress provided for truck traffic, may be required at the rear or side of lots where the property is to be used for multiple residential, commercial or industrial use.

(B) Intersections. Intersecting alleys shall not be permitted.

(C) Width. Alleys, when required, shall be a minimum of twenty feet (20') in width.

(A) Sewer, Gas and Water. Sewer, gas and water mains shall not be on rear or side lot easements unless street location is found to be impracticable or uneconomical and unless specifically approved by the City Council.

(B) Storm Drains and Flood Control. Easements for storm drains and flood control shall be provided within the subdivision when deemed necessary by the City Council.

(C) Public Utilities. Easements for underground electrical and telephone facilities shall be provided as requested by the affected utility.

All easements within a subdivision shall be not less than sixteen feet (16') in width, being not less than eight feet (8') on each side of abutting properties. However, easements of a lesser width may be approved by the City Council when it has been determined that the purpose of any easement may be accomplished by the use of a lesser width.

(A) The area and dimensions of lots shall be in conformity with the zoning regulations for the zoning district in which the proposed subdivision is located. A larger minimum lot area may be required when necessitated by topographical and geological consideration.

(B) All lots shall have frontage on at least one public or approved private road as required by the appropriate zoning district. The width of such frontage shall not be less than that prescribed by the zoning regulations for the zoning district in which the proposed subdivision is located.

A grading plan shall be prepared prior to the acceptance and approval of the final subdivision map. The grading plan shall depict the depth and extent of all excavations and embankments which constitute changes in original grade from that shown on the approved tentative subdivision map. All grades shall conform to the datum used in the City's master storm drainage plan.

The side line of all lots, so far as possible, shall be at right angles to the road which the lot faces, or radial or approximately radial if the road is curved.

No lot shall be divided by the boundary line of a county, school or special district.

Double frontage lots, other than corner lots, which abut two (2) roads and have a depth less than two hundred forty feet (240') will not be approved except where necessitated by topographical or other physical conditions or where ingress and egress to and from one of the roads is prohibited by law or where direct access rights have been or will be waived.

Blocks shall not exceed thirteen hundred twenty feet (1,320') in length between road center lines, except where topographical or other conditions require longer blocks.

Where a subdivision or any part thereof is traversed by any watercourse, channel, stream or creek the subdivider shall, subject to riparian rights, indicate the physical limits thereof and provide by dedication sufficient easements to dispose of surface and storm waters originating within the subdivision. The width and improvements of such dedicated easements shall be approved by the City Council. Intermittent streams shall be delineated by a dashed line labeled thread of stream.

(A) Land subject to flooding and land deemed by the City Engineer to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may endanger health, life or property, or aggravate the flood hazard; and shall be shown on the map as subject to inundation or otherwise uninhabitable.

(B) Such land may be filled or otherwise improved in a manner and to a degree approved by the City Engineer so it is no longer subject to the restrictions of this subsection. The required improvements shall be completed or agreed to be completed by secured agreement pursuant to Section 9-6-10.40 prior to the approval of the final map.

(C) Lands included within areas designated by the Federal Flood Insurance Administration as flood prone areas or shown on maps supplied by the U. S. Department of Agriculture, Soil Conservation Service, or the U. S. Corps of Engineers as being within flood prone areas, shall not be divided until a plan provided by the subdivider is approved by the City Engineer showing how all development within the subdivision will be flood-proofed in a manner which will not adversely affect surrounding properties.

All land shown and designated on the final map for any public use shall be offered for dedication. (Ord. 779, 10-17-77)

As a condition precedent to the acceptance and approval of the final map or parcel map, the subdivider shall make, or agree to make, the minimum improvements set forth in the City Standard Specifications for Public Works. Additional improvements may be required if deemed by the City Council to be necessary for the general use of the lot owners in a subdivision and local neighborhood traffic and drainage needs.

The City Standard Specifications for Public Works is hereby adopted by reference and made a part of this Section as though fully set forth herein and all improvements required, pursuant to this Section, shall conform with the City Standard Specifications for Public Works. (Ord. 836, 12-21-81)

(A) Where the required improvements are not completed before a final map or parcel map is approved, the subdivider shall enter into an agreement with the City Council prior to the approval of the final map or parcel map to either complete the work or initiate and consummate proceedings under an appropriate special assessment act for the financing and improvement thereof. Such agreement shall provide for the following:

1. Time limit for completion of required improvements;

2. Changes or alterations that become necessary during the performance of the work;

3. Maintenance for a period of one year after the completion and acceptance thereof against any defective work or labor done, or defective materials furnished for those portions of the work which contain earth excavations or embankments in excess of eight feet (8');

4. Maintenance for a period of one year after the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, for electrical and mechanical equipment required for water supply and distribution systems and sewerage collection and treatment facilities.

(B) At the request of the subdivider, the City Council may renew this agreement at the expiration of this time. Such agreement shall provide for the release of the required improvement security when the conditions of the agreement are completed.

(C) To assure the City that this work will be completed, improvement security in the form of a cash deposit, faithful performance bond, instrument of credit or deposit in escrow shall be provided subject to Section 9-6-12.04.

(D) Assessment District Method. Where a special assessment district is formed for the purpose of financing and constructing the designated improvements, the original improvement security may be reduced in an amount not to exceed ninety percent (90%) of the contract amount thereof at such time as the contract for the work is executed.

(A) Where improvements are proposed or are required by the provisions of Sections 1.00 through 15.00, improvement plans shall be submitted to the City Engineer for his review and approval. The improvement plans shall show full details of the improvements as required by the improvement standards. The improvement plans shall be prepared and signed by a registered civil engineer.

(B) During construction of the improvements this civil engineer shall be available for consultation on the general supervision of the various phases of the construction operation. He shall also be responsible for providing construction engineering and surveying to enable the work covered by the improvement plans to be completed.

All underground utilities required by the final map approval to be installed below the surface improvement in public roads or alleys or easements shall be constructed prior to the installation of any surface improvements.

All required improvements shall be constructed under the inspection of the City Engineer and shall be subject to approval and acceptance by resolution of the City Council. The cost of all inspections shall be paid by the subdivider as provided in Section 9-6-12.02.

Prior to the recordation of the final map of a subdivision containing any improved private roads, the subdivider shall have provided for their maintenance the formation of a permanent road division formed in the manner set forth by Article 3, Division 2 of the Streets and Highways Code. The City Council may waive this requirement when it finds such permanent road division would not be in the public interest, in which event the City Council may impose such other provisions for maintenance which it deems appropriate. (Ord. 779, 10-17-77)

All electrical transformers serving new single-family housing tracts of ten (10) or more total lots shall be undergrounded. Phased construction or recordation of a tract shall not preclude this requirement. (Ord. 93-4, 8-2-93)

The City Council may, upon the petition of a subdivider or upon their own motion, authorize modifications of requirements and improvement standards as set forth in Sections 1.00 through 15.00 whenever the land involved in a subdivision is:

(A) Of such size or shape; or

(B) Subject to such title limitations of record; or

(C) Affected by such topographical location or conditions; or

(D) To be devoted to such usage that full conformity to the provisions of Sections 9-6-1.00 through 9-6-15.00 is impossible or impractical.

The application for any exception shall be by petition filed with the secretary of the Planning Commission at the time the tentative map or tentative parcel map is presented to the Planning Commission.

In order for the property referred to in the petition to come within the provisions of this Chapter, it is necessary for the Commission or the City Council to find that all of the following conditions exist:

(A) That there are exceptional circumstances or conditions that affect said property or the reasonable use thereof;

(B) That the exception is necessary to preserve a substantial property right and permit the enjoyment thereof;

(C) That the granting of the exception will not be detrimental to the public safety, health and welfare;

(D) That the granting of the exception will not be injurious to or prevent the logical development of other property in the immediate area.

The Commission, in recommending the granting of an exception for a tentative map or in granting an exception for a tentative parcel map may set forth such conditions as may be necessary to secure substantial compliance with the objectives of Sections 1.00 through 15.00 protecting the public health, safety and welfare. For tentative parcel maps the decision of the Planning Commission shall be final unless appealed to the City Council in accordance with the procedure in Section 9-6-8.02(F). (Ord. 779, 10-17-77)

Public improvements required to be installed in conjunction with on-site improvements may be deferred under the following circumstances:

(A) Where the City Engineer finds and determines that the area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare by reason thereof; or

(B) Where the City Engineer determines that it would be in the best interests of the City to cause all or a portion of the required work to be done on an area project basis rather than on an individual basis; or

(C) Where the Council finds and determines that such requirements, as applied to an individual property by reason of an exceptional or extraordinary situation or the condition of such property, or the location thereof, or of the use or development of property in the immediate vicinity of such property, will involve practical difficulties or would cause undue hardship unnecessary to carry out the purposes and spirit of this Chapter.

No such deferral shall be granted nor become effective unless and until an agreement, between the property owner and the City is properly executed agreeing that the property owner will undertake the construction of the required improvements as required by these regulations within ninety (90) days after notice to begin the construction of such improvements is sent by the City to the property owner. Such agreement shall further provide that in the event of default in undertaking and completing the required improvements within the time specified, the City may cause such work to be done and the cost thereof to be assessed as a lien against the property. Such agreement shall recite that it runs with the land and shall be recorded in order to constitute notice to any prospective buyers or encumbrancers. (Ord. 821, 2-2-81)

For tentative maps, decisions of the Planning Commission shall be referred to the City Council concurrent with the Commission's recommendations on the map. (Ord. 799, 10-17-77)

The City Council shall consider and render its decision on the exception or deferral concurrent with its review of and decision on the tentative map. (Ord. 821, 2-2-81)

Filing fees for the following items shall be established by resolution of the City Council and shall be paid at the time of filing:

(A) Tentative map or an alternative tentative map.

(B) Tentative parcel map or an alternate tentative parcel map.

(C) Final map.

(D) Tentative or final reversion to acreage map.

No refund of a filing fee shall be made for filing of any map, or portion thereof, deleted, withdrawn or abandoned.

The subdivider shall pay the fees for checking plans and inspecting all proposed improvements controlled by the City prior to the submission of the final map to the City Council. Fees for checking and inspection shall be established by resolution of the City Council.

The fees for recording a final map are established by section 27372 of the Government Code and the fees shall be included in the fees schedule established by resolution of the City Council. (Ord. 932, 5-21-90)

The agreements referred to in Sections 9-6-8.03(I) and 9-6-10.40 through 9-6-10.43 shall be accompanied by the security to guarantee performance as follows:

(A) Improvement security equal in the amount of the estimated cost of all required work to secure the performance of all work as indicated in the agreement, plus an additional ten percent (10%) of the original estimated cost to cover any changes or alterations that become necessary during the performance of the work;

(B) Improvement security in the amount of fifty percent (50%) of the estimated cost of all required work to secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials for such improvements;

(C) Improvement security to secure the maintenance for a period of one year after the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, for electrical and mechanical equipment required for water supply and distribution systems and sewerage collection and treatment facilities. Said security shall not exceed and amount equal to twenty five percent (25%) of the estimated cost of furnishing and installing said facilities. This security shall be in addition to any warranty required of the manufacturer.

(D) Improvement security to secure the maintenance of a private road for a period of one year after the acceptance thereof against any defective work or labor done or defective material furnished in the construction of the private work which security shall be in an amount equal to the construction cost thereof;

(E) A bond or a cash deposit in the amount equal to the estimated cost of placing all monuments and lot corners not set at the time the final map is filed as specified in Section 9-6-7.25(C) and (D).

(F) A bond or cash deposit in the estimated amount of taxes and special assessments collected as taxes which are a lien but which are not yet payable as referred to in Chapter 5 of the Subdivision Map Act.

(G) In addition to any security required under this Section, the developer shall pay all costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing the obligation secured.

All tax bonds and bonds for special assessments furnished under authority of the Subdivision Map Act and all faithful performance bonds, referred to in Sections 1.00 through 15.00, shall be furnished by a surety company authorized to write the same in the State and shall be subject to approval and acceptance by the City Attorney.

In lieu of any faithful performance bond required by Section 1.00 through 15.00, the subdivider may deposit with the City Council, or deposit in an irrevocable escrow with a bank, savings and loan association or title company, a sum of money or negotiable bonds equal to the required amount of such bond or security for the faithful performance thereof.

If the subdivider fails to complete the improvements in the time specified, or an extension thereof, the City Council may take appropriate legal action against the subdivider and his bond, with or without first causing such improvements to be completed. In the event of a cash deposit in lieu of a bond to secure the improvement agreement, the City Council may, at its option, cause the improvement to be completed and retain the cost thereof out of the deposit. In the event the deposit is insufficient to pay the full cost of the improvement the subdivider shall be liable for any balance.

It shall be the duty of the City Engineer to inspect all improvements installed and monuments set as to their compliance with Sections 1.00 through 15.00 and City standards. No sum of money or bonds given for faithful performance of such work shall be exonerated from the agreement referred to herein until and unless the City Engineer certifies compliance thereto. (Ord. 779, 10-17-77)

(A) Security given for faithful performance of any act or agreement may be released upon the final completion of the act or the work encompassed by the agreement and the acceptance of the act or work by resolution of the City Council.

(B) Security securing payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment may, six (6) months after the performance of the act or the completion of the work and its acceptance by resolution of the City Council, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the City Council, and if no such actions have been filed, the security may be released in full.

Such release shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the City Council for such guarantee and warranty period, nor to costs and reasonable attorney's fees. (Ord. 823, 5-4-81)

Subdivision may be reverted to acreage pursuant to Chapter 6 of the Map act. The provisions of Section 66499.11 through 66499.20 shall apply.

When making a reversion to acreage map the applicable requirements of Article Six as to filing, map form, tract number and subdivision review committee review shall be complied with unless waived by the secretary.

Copies of the tentative map, of a reversion to acreage map, shall be distributed to the City Engineer, City Planner and Superintendent of Public Works. The City Engineer, City Planner and Superintendent of Public Works shall review and report upon the map in the manner provided in Section 9-6-6.10.

The Commission shall consider the tentative map at a regular or special meeting after giving notice of its intent to consider the map in a newspaper of general circulation, within the area affected, at least once in each of two (2) weeks immediately preceding the meeting at which the tentative map is to be heard. In making a recommendation to the City Council concerning a reversion to acreage map, the Commission shall determine that the reversion will have no adverse effect on abutting property or the proper development thereof, and that there exists nonuse of streets and easements within the area included in the reversion to acreage.

The City Council shall act upon the Commission's recommendation at a regular or adjourned regular meeting not less than fifteen (15) or more than forty (40) days after the filing of the Commission's recommendation with the City Council. The City Council shall give public notice of its intent to consider the tentative map in a newspaper of general circulation within the area affected at least once in each of two (2) weeks immediately preceding the meeting at which the map is to be heard. In approving or conditionally approving a reversion to acreage map, the City Council shall find that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and either (1) all owners of an interest in the real property within the subdivision have consented to the reversion; or (2) none of the improvements required to be made have been made within two (2) years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or (3) no lots shown on the final or parcel map have been sold within five (5) years from the date such map was filed for record; or (4) that the reversion will have no adverse effect on abutting property or the proper development thereof.

The City Council shall report its action in writing to the subdivider and the Planning Commission and the City Engineer not later than ten (10) days following such action.

Upon the title sheet of each map filed for the purpose of reverting subdivided land to acreage, the subtitle shall consist of the words "A REVERSION TO ACREAGE OF ............." (Insert the legal description of the land being reverted.).

A certificate by a licensed land surveyor or registered civil engineer shall not be required where sufficient recorded data exists from which an accurate map may be compiled and the source of the data is shown on the map.

Any previous offer of dedication not retained on the reversion to acreage map shall be deemed to be terminated upon approval of the final map by the City Council and the recordation of the final map.

A tax bond shall not be required in any cases covered by this Section.

(A) The City Engineer shall review each map and assure himself that it complies with the requirements of the approved tentative map with previously recorded property description data and with the provisions of law and Sections 1.00 through 15.00. The City Engineer shall consult with the City Planner and City Superintendent of Public Works in making these determinations.

(B) If the final map is in the correct form prescribed by the Subdivision Map Act and Sections 1.00 through 15.00, and the matters shown thereon are sufficient, their correctness shall be certified on the map by the City Engineer.

(C) The City Engineer shall, within twenty (20) days after the receipt of the map, transmit the map together with said other materials to the City Clerk for presentation to the City Council.

(A) Approval of Map:

1. At its next regular or adjourned meeting after the filing of a final map with the City Clerk the City Council shall consider the map to determine if it is in conformity with all the requirements of the Subdivision Map Act and Section 1.00 through 15.00 applicable at the time of approval of the tentative map, or any ruling made thereunder.

2. Upon approval of the map by the City Council the City Clerk shall record the map with the County Clerk-Recorder.

(B) Disapproval of Map:

1. If the City Council determines that the map is not in conformity with either the requirements of Sections 1.00 through 15.00, or the tentative approval of the reversion to acreage, the City Council shall disapprove such final map, specifying its reason or reasons therefor, and the City Clerk shall in writing advise the subdivider of such disapproval and the reason or reasons therefor.

2. After the City Council has disapproved any map the proponent may file a new final map with the City Clerk altered to conform to all the requirements imposed upon him by Section 1.00 through 15.00.

It is unlawful for any person as principal, agent or otherwise to divide by lease, sale or financing into two (2) or more parcels of land, or to lease or sell, convey, quitclaim or transfer by contract, deed or otherwise any land or any part thereof whether improved or unimproved in the City unless and until all of the requirements provided in relation thereto shall have been complied with; provided that this Section does not apply to the leasing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building or trailer park, nor does this Section apply to the leasing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building or trailer park, nor does this Section apply to mineral, oil or gas leases or the other exclusions contained in the Subdivision Map Act.

Any deed of conveyance, sale or contract to sell made contrary to the provisions of the Map Act of Sections 1.00 through 15.00 is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in bankruptcy within one year after the date of execution of the deed of conveyance, sale or contract to sell; but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell or his assignee, heir or advisee.

Nothing in this Section shall render void or voidable any trust deed, mortgage or other encumbrance in the hands of a bona fide holder for value.

Nothing herein contained shall bar any legal, equitable or summary remedy to which the City or other political subdivision or any other person may otherwise be entitled. The City or other political subdivision or person may file suit in any court of competent jurisdiction to restrain or enjoin any attempted or proposed subdivision or sale in violation of the Subdivision Map Act or Sections 1.00 through 15.00.

The City shall refuse to grant building and other permits in relation to the property involved until such time as all of the requirements of Sections 1.00 through 15.00 have been complied with.

Any offer to sell, contract to sell, sale or deed of conveyance made contrary to the provisions of Sections 1.00 through 15.00 is a misdemeanor and any person, firm or corporation, upon conviction thereof, shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or imprisonment in the City jail for a period of not more than six (6) months, or by both such fine and imprisonment.

All ordinances and parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed insofar as they are inconsistent with the provisions hereof. (Ord. 779, 10-17-77)