Sections:

18.96.010 - Tentative Map Preparation, Application Contents 18.96.020 - Tentative Map Filing, Initial Processing 18.96.030 - Evaluation of Application 18.96.040 - Review and Decision 18.96.050 - Tentative Map Public Hearings 18.96.060 - Tentative Map Approval or Denial 18.96.070 - Conditions of Approval

• 18.96.080 - Appeal

• 18.96.090 - Effective Date of Tentative Map Approval 18.96.100 - Changes to Approved Tentative Map or Conditions 18.96.110 - Completion of Subdivision Process

• 18.96.120 - Vesting Tentative Maps 18.96.130 - Tentative Map Time Limits 18.96.140 - Expiration of Approved Tentative Map 18.96.150 - Extensions of Time for Tentative Maps 18.96.160 - Applications Deemed Approved

• A. General content requirements. Tentative Map submittals shall include the application forms, and all information and other materials prepared as required by the Department.

• B. Soils report. As required by Map Act Section 66490 and in compliance with State law (Government Code Section 66246), a preliminary soils report prepared by a California registered engineer qualified to prepare such reports, and based on adequate test borings, shall be required for every subdivision for which a Final Map is required by this Article. The report shall include recommendations from the engineer for corrective actions which are likely to prevent structural damage to each structure proposed to be constructed in any area of the site where soils problems are identified. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, an investigation of each lot in the subdivision is required. The Chief Building Official shall approve the soil investigation if he or she determines that the recommended actions are likely to prevent structural damage to each dwelling to be constructed. All recommended actions shall be incorporated into the construction of each dwelling. The Chief Building Official may waive the requirement for a soils report when he or she determines that, because of information already on file with the Town on the soil qualities within the subdivision or lot, no preliminary analysis is necessary.

• A. General filing and processing requirements. Tentative Map applications shall be submitted to the Department for processing, be reviewed for completeness and accuracy, referred to affected agencies, reviewed in compliance with the California Environmental Quality Act

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(CEQA), and evaluated in a staff report in compliance with Chapter 18.70 (Applications, Processing, and Fees).

• B. Referral to affected agencies. In addition to the procedures outlined in Chapter 18.70 (Application, Processing, and Fees), a Tentative Map application shall be referred to the agencies outlined in this Subsection, as well as any other Town department, County, State or Federal agency, or other individual or group that the Director believes may be affected by the subdivision, or may have useful information about issues raised by the proposed subdivision.

  1. Time limits. As required by Map Act Sections 66453 through 66455.7, referral shall occur within five days of the Tentative Map application being determined to be complete for processing in compliance with Section 18.70.060 (Initial Application Review - Completeness Review). An agency wishing to respond to a referral shall provide the Department with its recommendations within 15 days after receiving the Tentative Map application.

  2. Required referrals. The Director shall refer Tentative Map applications for review and comment to each of the following agencies which will be expected to provide service to the proposed subdivision.

  - **a. Airport district.** The Truckee Tahoe Airport District shall be referred any Tentative Map for site located within the Airport Influence Area. 
  
  - **b. Caltrans.** The California Department of Transportation shall be referred: 
  
     - (1) Any Tentative Map located within an area shown on a territorial map filed with the Town in compliance with Map Act Section 66455. 
  
     - (2) Any Tentative Map that includes a proposed public school site located within two miles of a Tahoe-Truckee Airport runway, as described in Section 39005 of the California Education Code. In these cases, the time for receipt of comments by the Town shall be 35 days instead of the 15 days specified by this Subsection B.1 above (Time Limits). 
  
     - (3) Any subdivision abutting a State highway or proposing access to a State highway by a private street or new public street. 
  
  - **c. Fire District.** The Truckee Fire Protection District shall be referred any Tentative Map, or Conditional Certificate of Compliance. 
  
  - **d. Local agencies.** Any local agency shall be referred a Tentative Map or Conditional Certificate of Compliance application that is located one-half mile of the boundary of the local agency; or within the area shown on a territorial map filed with the Town in compliance with Map Act Section 66453, and within three miles of the official boundary of the local agency.
  

• e. Nevada County Environmental Health Department. The Nevada County Environmental Health Department shall be referred any Tentative Map application proposing the use of private wells or private sewage disposal systems.

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• f. Public utilities and other service agencies. Public utility companies and other service agencies which will be expected to provide service to the proposed subdivision, including providers of gas, electrical, telephone, and cable television services, shall be referred any Tentative Map or Conditional Certificate of Compliance within their respective jurisdictions.

• g. School districts. Tentative Maps shall be referred to the governing board of any elementary, high school, or unified school district within which the property to be subdivided is located.

• h. State Department of Education. The State Department of Education shall be notified of any Tentative Map that includes a proposed public school site.

Along with the subdivision application referral, the Department shall include notification that if no written response to the referral is received within 15 calendar days of receipt by the Department, the Town shall presume that no recommendations or comments are forthcoming.

• C. Review of soils report. The preliminary soils report required by Section 18.96.010 (Tentative Map Preparation, Application Contents) shall be reviewed by the Town Engineer, and may require additional information or reject the report if it is found to be incomplete, inaccurate, or unsatisfactory.

  1. If the soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each proposed parcel may be required.

  2. If the soils report indicates the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate, a soils investigation of each proposed parcel may be required.

  3. If the soils report indicates the presence of hazardous wastes, a hazardous waste investigation may be required.

• D. Water supply notice. No later than five days after the Director has determined that a Tentative Map application for a proposed subdivision is complete, the local agency shall send a copy of the application to any water supplier that may supply public water for the subdivision.

After completion of the initial processing in compliance with Chapter 18.70 (Applications, Processing, and Fees), the Director shall:

• A. Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any applicable Specific Plan and/or master plan, and the Map Act;

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• B. Determine the extent to which the proposed subdivision complies with the findings in Section 18.96.060 (Tentative Map Approval or Denial), and recommend the approval, approval with specified conditions, or disapproval of the Tentative Map application;

• C. Prepare a staff report in compliance with Section 18.96.050 (Tentative Map Public Hearings), describing the conclusions of the Director's evaluation, and providing recommendations for approval or disapproval of the proposed subdivision by the review authority.

The Zoning Administrator shall serve as the review authority and be responsible for the review and approval or disapproval of a Tentative Map proposing four or fewer parcels, or a Tentative Map proposing five or more parcels but for which a parcel map will be filed, and the Commission shall serve as the review authority for a Tentative Map proposing five or more parcels. After receiving a staff report on a Tentative Map from the Director, the review authority shall:

• A. Conduct a public hearing on a proposed Tentative Map, and shall consider the Director's recommendations, and any agency providing comments on the Tentative Map in compliance with 18.96.020.B (Tentative Map Filing, Initial Processing - Referral to affected agencies). The public hearing shall be scheduled and notice provided in compliance with Section 18.96.050 (Tentative Map Public Hearings);

• B. Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any Specific Plan, and the Map Act. The evaluation shall be based on the staff report (Section 18.96.030) and information provided by an initial study or environmental impact report (Section 18.70.060, Environmental Assessment), and any public testimony received; and

• C. Within 50 days after certification of an environmental impact report or adoption of a negative declaration on the Tentative Map, approve, conditionally approve or deny the Tentative Map. The 50-day time limit may be extended by mutual consent of the subdivider and the Director or review authority.

Approval or conditional approval of a Tentative Map shall be granted only after the review authority has first made all findings required by Section 18.96.060 (Tentative Map Approval or Denial). The review authority may impose conditions of approval in compliance with Section 18.96.070 (Conditions of Approval).

When a public hearing is required by this Development Code for a Tentative Map or an appeal of a Tentative Map decision, the hearing shall be scheduled and conducted in compliance with this Section, in addition to public notice being provided in compliance with Chapter 18.180 (Public Hearings).

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• A. Scheduling of hearing, decision. A public hearing on a Tentative Map or appeal shall be scheduled, and a decision shall be reached, within the following time limits.

  1. Hearing. A hearing on a Tentative Map by the review authority shall be scheduled within 30 days after completion of the Director's report.

  2. Decision on map. The review authority shall approve or deny the Tentative Map within 30 days of their receipt of a report and recommendation on a Tentative Map from the Director. The 30-day time period may be extended by mutual consent of the subdivider and the Director or review authority.

• B. Distribution of staff report. The staff report on the Tentative Map shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Section 18.100.040)) at least three days before any hearing or action on the Tentative Map by the review authority as required by Map Act Section 66452.3.

In order to approve a Tentative Map and conditions of approval, or to deny a Tentative Map, the review authority shall first make the findings required by this Section. In determining whether to approve a Tentative Map, the Town shall apply only those ordinances, policies, and standards in effect at the date the Department determined that the application was complete in compliance with Section 18.70.060 (Initial Application Review), except where the Town has initiated General Plan, Specific Plan or Development Code changes, and provided public notice as required by Map Act Section 66474.2.

• A. Required findings for approval. The review authority may approve a Tentative Map, with or without conditions, only if all of the following findings can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Government Code Section 66424.6.

  1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable provisions of the Subdivision Map Act, the General Plan, any applicable Specific Plan and/or Master Plan, the Development Code, the Trails Master Plan, the Particulate Matter Air Quality Management Plan, and the Public Improvements and Engineering Standards;

  2. The site is physically suitable for the type and density/intensity of development being proposed;

  3. There are adequate provisions for public and emergency vehicle access, sanitation, water, and public utilities and services to ensure that the proposed development would not be detrimental to the public health and safety. Adequate provisions shall mean:

     • a. There is available capacity in community sewer and/or water systems serving the subdivision or the subdivision will be served by on-site septic systems and/or private wells that comply with Nevada County Environmental Health Department regulations;

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  - b. Distribution and collection facilities for sewer and water and other infrastructure are installed to lot boundaries; and 

  - c. Recreation development fees are paid prior to map recordation. 

4. The tentative map approval is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources, including fish, wildlife, and their habitat, that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted;

5. The subdivision will not be detrimental to the public health, safety, or welfare of the Town, or injurious to the property or improvements in the vicinity in which the property is located;

6. The proposed subdivision, together with the provisions for its design and improvement, will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision unless alternate easements for access or use will be provided and the alternate easements will be substantially equivalent to ones previously acquired by the public;

   7. The discharge of sewage from the proposed subdivision into the community sewer system will comply with the requirements prescribed by the Lahontan Regional Water Quality Control Board.

• B. Supplemental findings. In addition to the findings required for approval of a Tentative Map by Subsection A. above, the following findings are also required when they are applicable to the specific subdivision proposal.

  1. It is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of improvements either prior to, or within a specified time after recordation of the Parcel Map, where road improvements are required (see Section 18.92.030 - Access, Circulation, Streets).

  2. Any findings required by Section 18.100.040 for condominium conversions.

  3. As required by Section 18.08.050.A.5 (Minimum and Maximum Density, RR, RL and DRL districts), the review body may approve a tentative map proposing parcels 2.5 to 10 acres in size only if all of the following findings can be made:

     • a. The subdivision is located within or adjacent to an established rural subdivision or an area developed with similar size parcels; and

     • b. Further subdivision of the parcels will not be permitted or a planned development has been adopted for the subdivision which will ensure the orderly subdivision and development of the parcels to sizes less than 2.5 acres.

• C. Findings for dedications or exactions. In addition to the findings required for approval of a Tentative Map by Subsection A. above, any requirement by the review authority for

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dedications and/or exactions in compliance with Chapter 18.106 (Dedications, Exactions, Reservations, Easements) shall include the review authority first making the findings required by Section 18.106.030 (Findings Required for Dedications and Exactions).

• D. Findings for waiver of Parcel Map. If waiver of a Parcel Map has been requested with the Tentative Map application, the review authority shall determine whether the findings required by Section 18.98.030 (Waiver of Parcel Map) can also be made.

• E. Approval with soils problems. The review authority may approve the subdivision or a portion thereof where soils problems described in Section 18.96.020.C (Tentative Map Filing, Initial Processing - Review of soils report) exist, if it determines that corrective measures recommended by the civil engineer who prepared the soils report are likely to prevent damage to each structure to be constructed. The review authority may require that the approved recommended actions be incorporated in the construction of each structure, as a condition to the issuance of any Building Permit.

Along with the approval of a Tentative Map, the adoption of conditions of approval shall occur in compliance with this Section, provided that all conditions shall be consistent with the requirements of the Map Act.

• A. Mandatory conditions. The review authority shall adopt conditions of approval that will:

  1. Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal, and public utilities providing electric, gas and communications services, as may be required to properly serve the subdivision. Easements for public utilities shall be limited to those needed to provide service to present and future development;

  2. Mitigate or eliminate environmental problems identified through the environmental review process, or require redesign of the subdivision as a prerequisite to the approval of the Tentative Map;

  3. Carry out the specific requirements of Chapters 18.92 (Subdivision Design and Improvement Requirements) and 18.108 (Subdivision Improvement Plans and Agreements) of this Development Code;

  4. Secure compliance with the requirements of this Development Code, the General Plan, and any applicable Specific Plans; and

  5. Require that any designated remainder parcels not be subsequently sold unless a certificate or conditional certificate of compliance (Chapter 18.102) is obtained, or the remainder parcel is further subdivided in compliance with this Development Code.

  6. Require that any designated remainder parcels not be issued a permit or other grant of approval for development by the Town unless a certificate or conditional certificate of compliance (Chapter 18.102) is obtained.

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7. Require the subdivider to defend, indemnify, and hold harmless the Town and its agents, officers, and employees from any claim, action, or proceeding against the Town to attack, review, set aside, void, or annual, an approval of the review authority, which action is brought within the time period provided for in Section 66499.37 of the Subdivision Map Act.

• B. Optional conditions. The review authority may also require as conditions of approval, but not be limited to, the following:

  1. The waiver of direct access rights to any existing or proposed streets;

  2. The dedication of additional land for bicycle paths, local transit facilities, (including bus turnouts, benches, shelters, etc.), sunlight easements, access to public waterways, and school sites, in compliance with Map Act Chapter 4, Article 3;

  3. The reservation of sites for public facilities, including fire stations, libraries, and other public uses in compliance with Map Act Chapter 4, Article 4;

  4. Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; and/or

5. Any other conditions deemed reasonable and necessary by the review authority to ensure that the approval of the Tentative Map will be in compliance with the findings required by Section 18.96.060 (Tentative Map Approval or Denial).

A decision of the Zoning Administrator or Commission acting as the review authority for a Tentative Map may be appealed in compliance with Chapter 18.140 (Appeals). The hearing on the appeal shall be held within 30 days after the date of filing the appeal, or if there is no regular meeting of the review authority within the next 30 days for which specified notice can be given, the appeal may be heard at the next regular meeting for which the specified notice can be given, or within 60 days from the date of the receipt of the request, whichever period is shorter. The appeal body shall reach its decision within 10 days following the conclusion of the hearing.

The approval of a Tentative Map shall become effective for the purposes of pursuing recordation, including compliance with conditions of approval, on the day after the expiration of the appeal period established by Chapter 18.140 (Appeals), where no appeal has been filed. If an appeal has been filed, the Tentative Map approval shall not become effective unless the appeal body approves the map; in that case, the approval shall become effective immediately upon the decision by the appeal body.

A subdivider may request non-substantive changes to an approved Tentative Map or its conditions of approval before recordation of a Parcel or Final Map in compliance with this Section. Changes to a Parcel or Final Map after recordation are subject to Section 18.98.140 (Amendments to Recorded Maps).

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• A. Limitation on allowed changes. Generally, minor changes to an approved Tentative Map may be authorized by the Town Engineer while major changes shall only be authorized by the original review authority, unless expressly stated otherwise by the conditions of approval imposed on the project as follows:

  1. Minor Changes. The Town Engineer may authorize minor changes to an approved Tentative Map if the changes:

     • a. Are consistent with all applicable provisions of the Development Code;

     • b. Do not involve a feature of the project that was a specific consideration by the review authority in taking action in the adoption of findings in a negative declaration or environmental impact report (EIR) for the project;

     • c. Do not involve a feature of the project that was a basis for conditions of approval for the project that imposed limitations, restrictions, or requirements above and beyond the requirements of this Development Code or that was a specific consideration by the review authority in taking action to approve the Tentative Map;

     • d. Do not involve a substantial change to lot size or location, easement location or widths, offers of dedication and similar features;

     • e. Are consistent with Subsection C below.

  2. Major Changes.

     • a. Major changes to the approved Tentative Map including adjustments to the location of proposed lot lines and improvements shall only be approved by the original review authority; and

     • b. Substantive changes including increasing the number of approved lots shall require the filing and processing of a new Tentative Map.

• B. Application for changes. The subdivider shall file an application and filing fee with the Planning Division, using the forms furnished by the Planning Division, together with the following additional information:

  1. A statement identifying the Tentative Map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and

  2. Any additional information deemed appropriate by the Department.

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• C. Findings for approval. The Town Engineer may approve non-substantive changes to the approved Tentative Map, with or without conditions, only if all of the following findings can be made:

  1. The proposed changes:

     • a. Involve minor alterations in the location of proposed lot lines, and/or reduce the number of proposed parcels;

• b. Do not change subdivision features that were a specific basis for any findings for Tentative Map approval or the decision of the review authority to approve the Tentative Map;

  - c. Will not affect any finding of, or mitigation required by, a Negative Declaration or EIR, except to further minimize environmental impacts; and 
  
  - d. Will improve subdivision design. 
  

  2. All of the applicable findings for approval required by Sections 18.96.060.A and B can still be made.

• D. Effect of changes on time limits. Approved changes to a Tentative Map or conditions of approval shall not be considered as approval of a new Tentative Map, and shall not extend the time limits provided by Section 18.96.140 (Expiration of Approved Tentative Map).

• A. Compliance with conditions, improvement plans. After approval of a Tentative Map in compliance with this Chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file and receive approval of improvement plans pursuant to Chapter 18.108 (Subdivision Improvement Plans and Agreements), before constructing any required improvements.

B. Parcel or Final Map preparation, filing and recordation.

1. A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded as set forth in Chapter 18.98 (Parcel Maps and Final Maps), to complete the subdivision, unless a Parcel Map has been waived in compliance with Section 18.98.030 (Waiver of Parcel Map).

2. A Final Map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Chapter 18.98 (Parcel Maps and Final Maps), to complete the subdivision.

This Section establishes procedures to implement the vesting Tentative Map requirements of State law, Sections 66498.1 et seq. of the Map Act.

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• A. Applicability. Whenever this Development Code requires that a Tentative Map be filed, a vesting Tentative Map may instead be filed, provided that the vesting Tentative Map is prepared, filed and processed in compliance with this Section.

  1. A vesting Tentative Map may be filed for either residential, commercial or industrial developments.

  2. If a subdivider does not seek the rights conferred by this Section, the filing of a vesting Tentative Map is not a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction; however, nothing in this Section shall be construed to eliminate the need for a subdivider to obtain subdivision or other land use approval in compliance with the other applicable provisions of this Development Code, building, grading or other construction permit approval.

• B. Procedures for processing a vesting Tentative Map. A vesting Tentative Map shall be filed in the same form, have the same contents and accompanying data and reports and, shall be processed in the same manner as set forth by this Chapter as a Tentative Map, except as follows.

  1. Application content. The vesting Tentative Map shall include the following information in addition to that required by Section 18.96.010 (Tentative Map Preparation, Application Contents):

  - **a. Title.** The vesting Tentative Map shall be prepared with the words "Vesting Tentative Map" printed conspicuously on its face; and 
  
  - **b. Intended development.** The vesting Tentative Map application shall include accurately drawn, preliminary floor plans or footprints, and architectural elevations for all buildings and structures intended to be constructed on the property after subdivision. 
  

  2. Findings for approval. The approval of a vesting Tentative Map shall not be granted unless the review authority first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for Tentative Map approval by Section 18.96.060 (Tentative Map Approval or Denial).

• C. Expiration of vesting Tentative Map. An approved vesting Tentative Map shall be subject to the same time limits for expiration as are established for Tentative Maps by Sections 18.96.130 et seq. (Tentative Map Time Limits).

• D. Changes to approved map or conditions. The subdivider may apply for changes to the vesting Tentative Map or conditions of approval at any time before the expiration of the vesting Tentative Map. Requests for changes shall be considered and processed in accordance with Section 18.96.100.

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E. Development rights vested.

1. The approval of a vesting Tentative Map shall confer a vested right to proceed with development of the subdivided lots in substantial compliance with the Town ordinances, policies and standards (excluding fees) described in Map Act Section 66474.2.

   2. If Map Act Section 66474.2 is repealed, approval of a vesting Tentative Map shall confer a vested right to proceed with development in substantial compliance with the Town ordinances, policies and standards in effect at the time the map is approved or conditionally approved.

   3. Subsequent land use permits, building permits, extensions of time or other entitlements filed on parcels created by the subdivision may be conditioned or denied if:

      • a. A failure to do so would place the residents of the subdivision or the immediate area in a condition dangerous to health or safety; or

      • b. The condition or disapproval is required in order to comply with state or federal law.

   4. Fees charged for building or land use permits, filed after the approval of a vesting Tentative Map shall be as required at the time the subsequent permit applications are filed, including any related development impact fees (e.g., traffic mitigation fees, etc.). Application contents shall be as required by ordinance requirements in effect at the time the subsequent application is filed.

• F. Duration of vested rights. The development rights vested by this Section shall expire if a Parcel Map or Final Map is not approved before the expiration of the vesting Tentative Map in compliance with Sections 18.96.130 et seq. (Tentative Map Time Limits). If the Parcel or Final Map is approved and recorded, the development rights shall be vested for the following periods of time.

  1. An initial time period of 12 months from the date of recordation of the Parcel or Final Map. 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 for that phase is recorded.

  2. The initial 12 months shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if processing exceeds 30 days from the date the application is accepted for processing as complete.

  3. The subdivider may apply for a one-year extension at any time before the initial 12 months expires. Application for an extension shall be submitted to the Department and shall be accompanied by the required fee. The Commission shall approve or deny any request for extension. If the extension is denied by the Commission, the subdivider may appeal to the Council as set forth in Chapter 18.140 (Appeals).

  4. If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections F.1 and F.2 above, the vested rights shall continue until the expiration of the building permit, or any extension of that permit.

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The processing of a Tentative Map shall be completed, and an approved Tentative Map shall be subject to the time limits for expiration and procedures for extension in compliance with Sections 18.96.140 through 18.96.150.

The expiration date of a Tentative Map is determined by Map Act Sections 66452.6, and 66463.5. An approved Tentative Map or vesting Tentative Map is valid for 24 months after its effective date (Section 18.96.090). At the end of that time, the approval shall expire and become void unless:

• A. A Parcel or Final Map, and related bonds and improvement agreements, have been filed with the Town Engineer in compliance with Chapter 18.98 (Parcel Maps and Final Maps), and the map is recorded within 90 days of the expiration date; or

• B. An extension of time has occurred in compliance with Section 18.96.150.

A Tentative Map approval shall be deemed to have expired if a Parcel or Final Map has not been recorded within the time limits established by this Section or within an extension of time approved in compliance with Section 18.96.150. Expiration of an approved Tentative Map or vesting Tentative Map shall terminate all proceedings. The application shall not be reactivated unless a new subdivision application is filed.

When a subdivision has not been completed through the recording of a Parcel or Final Map within the time limits set by Section 18.96.130, time extensions may be granted in compliance with this Section. Extension request applications shall be filed with the Department on or before the date of expiration of the approval or previous extension, together with the required filing fee. Upon the filing of a complete application with the required fee, the approval of the tentative map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. The term of any approved extensions shall be added on to the effective date of the original Tentative Map approval.

• A. Tentative Maps. The review authority which approved the Tentative Map may approve or conditionally approve extensions of up to six years to the initial time limit, provided that the total of all extensions shall not exceed six years in accordance with this Subsection. Alternatively, the review authority may deny the extension on the basis that one or more of the findings below cannot be made.

  1. Required findings. The review authority may approve or conditionally approve a Tentative Map extension only if all of the following findings can be made:

     • (a) There have been no changes to the provisions of the General Plan, any applicable Specific Plan, or this Development Code applicable to the project since the approval of the Tentative Map causing the proposed subdivision to become inconsistent with the General Plan or any applicable Specific Plan, or to not comply with any applicable provision of this Development Code;

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• (b) There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Development Code apply to the project, causing the proposed subdivision to become inconsistent with the General Plan or any applicable Specific Plan, or to not comply with any applicable provision of this Development Code; and

• (c) There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project.

2. Conditions of approval. The review authority may:

   • (a) Approve the extension as proposed, without new conditions, on the basis that all of the above findings can be made; or

• (b) Conditionally approve the extension. Any new or revised conditions shall be limited to conditions determined by the review authority to be reasonable and necessary to allow the above findings to be made, including conditions to bring the map into compliance with changes to the General Plan, any applicable Specific/Master Plan, and the Development Code that became effective since the approval of the original Tentative Map or prior extension(s). The extension shall be subject to the codes and provisions that were in effect on the date that the extension request application was determined to be complete for processing.

B. Tentative Maps with multiple Final Maps.

1. Where a subdivider is required to expend more than $236,790, as increased by the registrar of contractors according to the adjustment of inflation set forth in the Statewide Cost Index for Class B construction as determined by the State Allocation Board, to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the Tentative Map, other than improvements of public rights-of-way which abut the boundary of the site and which are reasonably related to the development of the site, and multiple Final Maps are filed covering portions of a single approved Tentative Map, each filing of a Final Map shall extend the expiration of the Tentative Map by an additional 36 months from the date of its expiration, or the date of the previously filed Final Map, whichever is later. The total of all extensions shall not extend the validity of the Tentative Map more than 10 years from its approval or conditional approval.

2. Tentative Maps which do not require the subdivider to provide more than $236,790, as increased by the registrar of contractors according to the adjustment of inflation set forth in the Statewide Cost Index for Class B construction as determined by the State Allocation Board, for off-site improvements shall expire at the end of the initial time period of the approval, unless a Parcel or Final Map is recorded, or an extension of time is requested and approved in compliance with Subsection A. above.

• C. Vesting Tentative Maps. The review authority which approved the Vesting Tentative Map may grant extensions of up to six years to the initial time limit, provided that the total of all extensions shall not exceed six years, in accordance with Subsection A., above. Any rights

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conferred by Section 18.96.120 (Vesting Tentative Maps) shall expire if a Final Map is not approved and recorded before the expiration of the vesting Tentative Map.

• D. Appeals. A decision of the Zoning Administrator or Commission acting as the review authority for a Tentative Map Time Extension may be appealed in compliance with Chapter 18.140 (Appeals). The hearing on the appeal shall be held within 30 days after the date of filing the appeal, or if there is no regular meeting of the review authority within the next 30 days for which specified notice can be given, the appeal may be heard at the next regular meeting for which the specified notice can be given, or within 60 days from the date of the receipt of the request, whichever period is shorter. The appeal body shall reach its decision within 15 days following the conclusion of the hearing.

Any subdivision application deemed approved in compliance with Government Code Section 65956, or Map Act Sections 66452 et seq., shall be subject to all applicable provisions of this Development Code, which shall be satisfied by the subdivider before any Building Permits or other land use entitlements are issued. Parcel or Final Maps filed for record after the automatic approval of their Tentative Map shall remain subject to all the mandatory requirements of this Development Code and the Map Act, including but not limited to Map Act Sections 66473, 66473.5 and 66474.

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18.96

Tentative Map Filing and Processing

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18.98

Parcel Maps and Final Maps

– CHAPTER 18.98 PARCEL MAPS AND FINAL MAPS

Sections:

18.98.010 - Purpose of Chapter 18.98.020 - Parcel Maps 18.98.030 - Waiver of Parcel Map 18.98.040 - Parcel Map Form and Content 18.98.050 - Filing and Processing of Parcel Maps 18.98.060 - Parcel Map Approval 18.98.070 - Final Maps 18.98.080 - Final Map Form and Content 18.98.090 - Filing and Processing of Final Maps 18.98.100 - Final Map Approval 18.98.110 - Supplemental Information Sheets 18.98.120 - Recordation of Maps 18.98.130 - Effect of Recorded Map 18.98.140 - Amendments to Recorded Maps

This Chapter establishes requirements for the preparation, filing, approval and recordation of Parcel and Final Maps, consistent with the requirements of the Map Act.

As required by Sections 18.90.030 (Applicability), and 18.96.110 (Completion of Subdivision Process), a Parcel Map shall be filed and approved to complete the subdivision process for a subdivision of four or fewer parcels, except when the requirement for a Parcel Map is waived as set forth in Section 18.98.030. A Parcel Map shall be prepared, filed and processed as set forth in Sections 18.98.040 through 18.98.060.

A subdivider may request waiver of a Parcel Map, and the Zoning Administrator may grant the waiver in compliance with this Section.

• A. When waiver is allowed. Waiver of a Parcel Map may be requested by a subdivider and granted by the Zoning Administrator for a subdivision that results in the creation of only two parcels, and the boundaries of the original parcel have been previously surveyed and a map recorded, and are certain as to location.

• B. Application processing and approval. A request for waiver of Parcel Map shall be submitted with the Tentative Map application, together with the required filing fee. The waiver request shall be processed and acted upon concurrently with the Tentative Map application. The Zoning Administrator may grant a requested waiver if:

  1. The proposed Tentative Map satisfies all findings required for approval by Section 18.96.060 (Tentative Map Approval or Denial); and

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2. The proposed subdivision complies with all applicable requirements of the Map Act and this Development Code as to lot area, improvement and design, drainage, flood control, appropriate improved public roads, sewage disposal facilities, water supply availability, and environmental protection.

• C. Expiration of waiver. An approved waiver of Parcel Map shall be subject to the same time limits and opportunities for extension of time as the accompanying Tentative Map, in compliance with Sections 18.96.140 (Expiration of Approved Tentative Map) and 18.96.150 (Extensions of Time for Tentative Maps), and Subsection D. of this Section, following.

• D. Completion of subdivision. A subdivision for which a Parcel Map has been waived shall be completed by the subdivider satisfying all conditions of approval, and by then filing and obtaining approval of a certificate of completion in compliance with this Section.

  1. Preparation and filing of certificate. The subdivider shall submit an application for a certificate of completion to the Town Engineer for review and approval, including the following information.

  - a. A diagram or exhibit illustrating the configuration and dimensions of the parcels described in the legal descriptions submitted with the certificate of completion. 
  
  - b. A statement signed by the subdivider under penalty of perjury that no change in the ownership of the subject property has occurred since the submittal of the title report with the Tentative Map application. If a change in ownership has occurred, the subdivider shall submit a new title report issued within 60 days before the filing of the certificate of completion application. 
  
  - c. A statement by a registered civil engineer, licensed land surveyor, or title company verifying that any required access easements extend to a publicly maintained road. 
  
  - d. A certificate of completion in the form required by the Town Engineer, prepared for recording, including:
  

• (1) A list of all requirements imposed as conditions of approval of the Tentative Map, including but not limited to any requirements for the construction of offsite and onsite improvements;

     - (2) A statement signed by the owner under penalty of perjury attesting that all of the conditions of approval of the Tentative Map have been met or provided for under the terms of an acceptable subdivision agreement secured by appropriate surety as prescribed by the Map Act; and 
  
     - (3) A legal description of each parcel created in substantial conformance with the approved Tentative Map, prepared by a registered civil engineer or licensed land surveyor. 
  
  - e. Any required recordation fees.
  

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2. Review and approval of certificate. The Town Engineer shall review, approve or deny, and complete the processing of a certificate of completion by examining the materials submitted and performing other investigations as necessary to ensure that:

• a. All record title owners have consented to the subdivision;

• b. The certificate of completion accurately describes the conditions of approval, and that the conditions of approval have been satisfactorily completed; and

• c. The legal descriptions on the certificate are accurate, and are in substantial conformance with the approved Tentative Map.

If the Town Engineer is satisfied that the certificate of completion and materials submitted with it comply with the above requirements, the Town Engineer shall place an endorsed approval upon the face of the certificate and shall file it with the County Recorder. Upon recording, the subdivision shall be deemed completed, and the parcels created by the subdivision may be conveyed or otherwise transferred.

A Parcel Map shall be prepared by or under the direction of a qualified, registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Parcel Map submittals shall include the application forms, and all information and other materials prepared as required by the Department. A Parcel Map submittal shall also include a digital copy of the Parcel Map, prepared using computer software and standards specified by the Town Engineer.

• A. Filing with the Town Engineer. The Parcel Map, together with all data, information and materials required by Section 18.98.040 above shall be submitted to the Town Engineer. The Parcel Map shall be considered submitted when it is complete and complies with all applicable provisions of this Development Code and the Map Act.

• B. Review of Parcel Map. The Town Engineer shall:

  1. Determine whether the parcel map complies with all applicable provisions of this Development Code and the Map Act and all conditions of approval of the Tentative Map, that the map is technically correct, and that it is in substantial compliance with the approved Tentative Map; and

  2. Obtain verification from the Department that the Parcel Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed.

If the Parcel Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the Parcel Map, together with all required data.

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Parcel Maps and Final Maps

After determining that the Parcel Map is technically correct in compliance with Section 18.98.040, and in compliance with all other applicable provisions of this Article and the Development Code, the Town Engineer shall execute the Town Engineer's certificate on the map as required by Map Act Section 66450, and approve or deny the Parcel Map in compliance with this Section.

• A. Criteria for approval. The Town Engineer shall approve the Parcel Map if it complies with all the requirements of the Map Act, all conditions of approval of the Tentative Map, all provisions of this Development Code that were applicable at the time that the Tentative Map was approved, and is in substantial compliance with the approved Tentative Map.

• B. Waiver of errors. The Town Engineer may approve a Parcel Map that fails to meet any of the requirements of this Development Code or the Map Act applicable at the time of approval of the Tentative Map, when the Town Engineer finds that the failure of the map is a technical or inadvertent error which, in the determination of the Town Engineer does not materially affect the validity of the map.

• C. Map with dedications. If a dedication or offer of dedication is required on the Parcel Map, the Town Engineer shall accept, accept subject to improvement, accept for public use without accepting responsibility for maintenance, or reject with or without prejudice any or all offers of dedication, at the same time as the Town Engineer takes action to approve the Parcel Map.

• D. Map with incomplete improvements. If improvements required by this Development Code, conditions of approval or by law have not been completed at the time of approval of the Parcel Map, the subdivider shall enter into an agreement with the Town as specified in Map Act Section 66462, and Section 18.108.040 (Subdivision Improvement Agreements and Security), as a condition precedent to the approval of the Parcel Map.

• E. Transmittal to Recorder. After action by the Town Engineer and after the required signatures and seals have been affixed, the Town Engineer shall transmit the Parcel Map to County Recorder for filing, in compliance with Section 18.98.120 (Recordation of Maps).

• F. Permits prior to map recordation. In accordance with Health and Safety Code Section 19828, the Town Engineer may authorize the issuance of a building permit for construction on a parcel to be created by a map prior to recordation of the Parcel Map if the Town Engineer finds that all conditions of the Parcel Map have been fulfilled and the map may be recorded.

• G. Appeal. A decision of the Town Engineer to approve or disapprove a Parcel Map may be appealed to the Town Council in compliance with Chapter 18.140 (Appeals). The hearing on the appeal shall be held within 30 days after the date of filing the appeal. The Council shall reach its decision within 10 days following the conclusion of the hearing.

As required by Section 18.90.030 (Applicability), a Final Map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels. A Final Map shall be prepared, filed and processed as set forth in Sections 18.98.080 through 18.98.100.

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Parcel Maps and Final Maps

A Final Map shall be prepared by or under the direction of a qualified registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Final Map submittals shall include the application forms, and all information and other materials prepared as required by the Department. A Final Map submittal shall also include a digital copy of the Final Map, prepared using computer software and standards specified by the Town Engineer.

• A. Filing with Town Engineer. The Final Map, together with all data, information and materials required by Section 18.98.080 above shall be submitted to the Town Engineer. The Final Map shall be considered submitted when it is complete and complies with all applicable provisions of this Development Code and the Map Act.

• B. Review of Final Map. The Town Engineer shall review the Final Map and all accompanying materials, and shall:

  1. Determine whether the map and subdivision comply with all applicable provisions of this Development Code and the Map Act, including the conditions of approval of the Tentative Map, that the map is technically correct, and that it is in substantial compliance with the approved Tentative Map; and

  2. Obtain verification from the Department that the Final Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed.

If the Final Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the Final Map, together with all required data.

• C. Multiple Final Maps. The subdivider may file multiple Final Maps on the approved Tentative Map if the subdivider either included a statement of intention with the Tentative Map or, if after the filing of the Tentative Map, the Director approved the request.

After determining that the Final Map is technically correct in compliance with Section 18.98.080, and in compliance with all other applicable provisions of this Article and the Development Code, the Town Engineer shall execute the Town Engineer's certificate on the map as required by Map Act Section 66442, and approve or deny the Final Map in compliance with this Section.

• A. Criteria for approval. The Town Engineer shall approve the Final Map if it complies with all the requirements of the Map Act, all conditions of approval of the Tentative Map, all provisions of this Development Code that were applicable at the time that the Tentative Map was approved, and is in substantial compliance with the approved Tentative Map.

• B. Notification of Town Council. Prior to approval or disapproval of the Final Map, the Town Engineer shall notify the Town Council of the Town Engineer’s pending action on the Final

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Map at its next regular meeting after the Final Map is filed with the Town Engineer. The Town Clerk shall provide notice of the Town Engineer’s pending action by attaching and posting said notice with the Council’s regular agenda and mailing such notice to any interested party who requests notice. The Town Engineer shall approve or disapprove the Final Map within 10 days following the meeting of the Town Council.

• C. Waiver of errors. The Town Engineer may approve a Final Map that fails to meet any of the requirements of this Development Code or the Map Act applicable at the time of approval of the Tentative Map, when the Town Engineer finds that the failure of the map is a technical or inadvertent error which, in the determination of the Town Engineer does not materially affect the validity of the map.

• D. Approval by inaction. If the Town Engineer does not approve or deny the map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements and rulings, it shall be deemed approved, and the Town Clerk shall certify its approval on the map.

• E. Map with dedications. If a dedication or offer of dedication is required on the Final Map, the Town Engineer shall accept, accept subject to improvement, accept for public use without accepting responsibility for maintenance, or reject with or without prejudice any or all offers of dedication, at the same time as the Town Engineer takes action to approve the Final Map.

• F. Map with incomplete improvements. If improvements required by this Development Code, conditions of approval or by law have not been completed at the time of approval of the Final Map, the subdivider shall enter into an agreement with the Town as specified in Map Act Section 66462, and Section 18.108.040 (Subdivision Improvement Agreements and Security), as a condition precedent to the approval of the Final Map.

te improvements.** If improvements required by this Development Code, conditions of approval or by law have not been completed at the time of approval of the Final Map, the subdivider shall enter into an agreement with the Town as specified in Map Act Section 66462, and Section 18.108.040 (Subdivision Improvement Agreements and Security), as a condition precedent to the approval of the Final Map.

• G. Transmittal to Recorder. After action by the Town Engineer and after the required signatures and seals have been affixed, the Town Engineer shall transmit the Final Map to County Recorder for filing, in compliance with Section 18.98.120 (Recordation of Maps).

• H. Permits prior to map recordation. In accordance with Health and Safety Code Section 19828, the Town Engineer may authorize the issuance of a building permit for construction on a parcel to be created by a map prior to recordation of the Final Map if the Town Engineer finds that all conditions of the Final Map have been fulfilled and the map may be recorded.

• I. Appeal. A decision of the Town Engineer to approve or disapprove a Final Map may be appealed to the Town Council in compliance with Chapter 18.140 (Appeals). The hearing on the appeal shall be held within 30 days after the date of filing the appeal. The Council shall reach its decision within 10 days following the conclusion of the hearing.

In addition to the information required to be included in Parcel Maps and Final Maps (Sections 18.98.040 and 18.98.080, respectively), additional information may be required to be submitted and recorded simultaneously with a Parcel or Final Map as required by this Section.

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• A. Preparation and form. The additional information required by this Section shall be presented in the form of additional map sheets, unless the Director determines that the type of information required would be more clearly and understandably presented in the form of a report or other document. The additional map sheet or sheets shall be prepared in the same manner and in substantially the same form as required for Parcel Maps by Section 18.98.040 (Parcel Map Form and Content).

• B. Content of information sheets. Supplemental information sheets shall contain the following statements and information:

  1. Title. A title, including the number assigned to the accompanying Parcel or Final Map by the Town Engineer, the words "Supplemental Information Sheet;"

  2. Explanatory statement. A statement following the title that the supplemental information sheet is recorded along with the subject Parcel or Final Map, and that the additional information being recorded with the Parcel or Final Map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest;

  3. Location map. A location map, at a scale not to exceed one inch equals 2,000 feet. The map shall indicate the location of the subdivision within the Town;

  4. Areas subject to flooding. Identification of all lands within the subdivision subject to periodic inundation by water;

  5. Soils or geologic hazards reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the name of the engineer making the report; and

  6. Information required by conditions of approval. Any information required by the approval body to be included on the supplemental information sheet(s) because of its importance to potential successors in interest to the property.

• A. At the time of filing of a Parcel or Final Map with the County Recorder, the subdivider shall present to the County Recorder evidence that, at the time of filing the map, the parties consenting to the filing are all parties having vested fee interest in the property being subdivided and are parties required to sign the certificate described in Map Act Section 66445(e).

• B. The County Recorder will review and act upon Parcel and Final Maps filed with that office as set forth in Article 6, Chapter 3 of the Map Act and other applicable provisions of state law.

When a properly endorsed Parcel or Final Map has been filed for record, the subdivision or reversion to acreage shall be deemed complete, and the new parcels may be conveyed or otherwise transferred.

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The recordation of the map shall have the effect of eliminating any lot lines that existed within the boundaries of the subdivision before approval of the Tentative Map.

A recorded Parcel or Final Map shall be modified to correct errors in the recorded map or to change characteristics of the approved subdivision only as set forth in this Section.

• A. Corrections. In the event that errors in a Parcel or Final Map are discovered after recordation, or that other corrections are necessary, the corrections may be accomplished by either the filing of a certificate of correction or an amending map, in compliance with Article 7, Chapter 3 of the Map Act. For the purposes of this Section, "errors" include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the Parcel or Final Map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the Town Engineer that does not affect any property right, including but not limited to lot numbers, acreage, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed.

• B. Changes to approved subdivision. In the event that a subdivider wishes to change the characteristics of an approved subdivision, including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with Section 18.108.040 (Subdivision Improvement Agreements and Security), a new tentative and Parcel or Final Map shall be filed and approved as required by Section 18.90.030 (Applicability).

C. Modifications to Recorded Maps.

1. Purpose. For the purposes of this section, a recorded map shall mean a subdivision recorded as either a Parcel or Final Map, approved pursuant to Chapter 18.98 of this Development Code. The provisions of this Section set forth findings and procedures for modification of the conditions of approval and/or recorded restrictions for recorded Parcel or Final Maps, pursuant to Government Code Section 66472 and pursuant to the Town’s police power. This may include modifying the characteristics of one or more parcels within a subdivision for the purpose of relocating a recorded building envelope, reducing a required setback, or modifying other restrictions on the recorded map.

2. Materials for Filing. Any applicant proposing a modification to a recorded Parcel or Final Map pursuant to this section shall submit the following information:

   • a. An exhibit plat and legal description prepared and stamped by a licensed surveyor or qualified engineer;

   • b. A complete description of the proposed modification;

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• c. A detailed written description of the manner in which the proposed modification meets the findings described in Subsection 6 of this Section; and

• d. Any additional materials required by the Town at the time of application submittal.

3. Applicant. An application for a modification to a recorded Parcel or Final Map shall be signed by all parties having any record title interest that may be affected by the requested modification.

4. Easements. For the purpose of this section, the modification of a condition relating to an easement (e.g., location or use) shall not be found to alter any right, title or interest in the real property if the application is signed by all parties having any record title interest in the real property subject to the recorded Parcel or Final Map.

5. Procedure. Any proposed modification of a Parcel or Final Map shall require a public hearing before the review authority that approved the Tentative Map, according to the procedures specified in Chapter 18.70 of this Development Code. The subject of the hearing shall be confined to consideration of and action on the proposed modification(s). Notice of such hearing shall be provided as prescribed by the Subdivision Map Act, Government Code § 66451.3 and Chapter 18.180. The action of the decision-maker shall be final, unless appealed as provided in Chapter 18.70.

6. Findings. Modifications to recorded Parcel or Final Maps shall be approved only if all of the following findings can be made:

   • a. The proposed modification is consistent with the intent of the original recorded map conditions of approval and/or recorded restrictions regarding specific site constraints (e.g., development envelope size, identification of non-disturbance areas, etc.);

   • b. The modification does not impose any additional burden on the present fee owner(s) of the property;

   • c. The modification does not alter any right, interest or title reflected by the recorded Parcel or Final Map;

   • d. The modified Parcel or Final Map will not contain any of the grounds for denying a map listed in Government Code Section 66474;

   • e. The recorded Parcel or Final Map as modified is consistent with the applicable provisions of this Development Code and the Subdivision Map Act;

   • f. The property for which the modification is sought is in compliance will all laws, rules and regulations pertaining to zoning uses, subdivisions, height and setbacks, and any other provisions applicable to the property, and code enforcement fines imposed against the property have been paid;

   • g. The recorded Parcel or Final Map as modified does not result in an increased number of dwelling units or a greater density than the recorded Parcel or Final Map; and

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• h. The proposed modification is consistent with all previous CEQA documents approved or certified in connection with the property and does not create any new environmental impacts or increase any adverse environmental impacts.

• .

7. Final Action. To request a modification to a recorded Parcel or Final Map, the applicant shall file a Recorded Map Modification application in compliance with Section 18.98.140.C.2 (Materials for Filing). Upon approval of the requested modification by the review authority, the applicant shall submit to the Town Engineer, consistent with such approval, a Notice of Modification or other documents as the Town Engineer shall determine to be appropriate, which Notice of Modification or other documents shall be recorded with the Nevada County Recorder. A Recorded Map Modification shall expire 24 months after approval unless the applicant has recorded the Notice of Modification prior to that date.

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Condominiums and Condominium Conversions

18.100

– CHAPTER 18.100 COMMON INTEREST DEVELOPMENTS AND COMMON INTEREST DEVELOPMENT CONVERSION

Sections:

18.100.010 - Purpose of Chapter 18.100.020 - Applicability 18.100.030 - Common Interest Developments 18.100.040 - Common Interest Development Conversions

This Chapter establishes requirements for applications for the creation of a common interest development simultaneously with the construction of a new structure, and the conversion of an existing structure to a common interest development, consistent with the requirements of the Map Act.

The provisions of this Chapter apply to all common interest developments, including community apartment projects, condominiums, townhouses and townhomes, planned developments, stock cooperatives, etc. As a type of real property ownership, a common interest development may include a variety of development types, including multi-family-type structures, mobile home parks, detached single-family dwellings, attached units on the same parcel, attached units on separate parcels, etc.

• A. Review and approval process. When a residential structure is proposed at the time of construction as a common interest development (including a condominium, community apartment project, planned development or stock cooperative, as provided by California Civil Code Section 1351), a Tentative Map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 18.96 (Tentative Map Filing and Processing). Chapter 18.98 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall also be filed.

• B. Waiver of Tentative Map. Tentative Map approval shall not be required for a common interest development project on a single parcel, provided that:

  1. The residential project is authorized by the approval of a Zoning Clearance, Development Permit, Minor Use Permit, Use Permit, or Planned Development Permit, where the review authority determines in granting the approval that the proposed common interest development complies with all applicable requirements of the Map Act and this Development Code as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sewage disposal

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facilities, water supply availability, environmental protection, dedications, and other applicable standards;

2. Structures have been completed and Certificates of Occupancy have been issued to all dwelling units.

3. Tenants have not occupied the structure, unless they have been provided the notice required by Map Act Section 66452.17; and

4. The Parcel or Final Map shall be recorded within one year of the issuance of the Certificate of Occupancy for the last dwelling unit. If the Map is not recorded within one year the common interest development may only be established in compliance with Section 18.100.040 (Common Interest Development Conversion).

A common interest development conversion is the conversion of real property to a common interest development as defined by California Civil Code Section 1351. A conversion shall require the approval of a Tentative Map, and Parcel or Final Map, except where a Parcel Map, or Tentative and Final Map are waived in compliance with Map Act Sections 66428(b) and Section 18.100.030.B (Waiver of Tentative Map) or with Map Act Section 66428.1 for the conversion of a mobile home park. If a Parcel Map is waived, a Tentative Map shall still be required.

A Tentative Map for a common interest development conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner as set forth in Chapter 18.96 (Tentative Map Filing and Processing), with the following exceptions.

• A. Application contents. Common interest development conversion applications shall include the same information and materials as Tentative Map applications, except for conversions of residential projects, which shall also include the following information and materials.

  1. Tentative Map. The Tentative Map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how division will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units.

  2. Public notice materials. Stamped, Number 10 envelopes addressed to each tenant of the property being converted.

  3. Evidence of compliance with Map Act notice requirements. A copy of the notice required by Map Act Section 66452.17, a list of the names and addresses of all tenants served with the notice, and the dates and methods by which the notice was served. This information shall be certified to be correct by an affidavit or by a statement made under penalty of perjury in compliance with Code of Civil Procedure Section 2015.5. The notice shall be given to the tenants at least 60 days prior to the filing of a Tentative Map.

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Condominiums and Condominium Conversions

4. Verification of stock cooperative vote. If the development being converted to a common interest development is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10.

5. Mobile home park conversion impact report. If the development being converted to a common interest development is a mobile home park, the application shall also include the report required by Map Act 66427.4.

• B. Staff report. The staff report on the Tentative Map for the common interest development conversion (Section 18.100.040) shall be provided to each residential tenant of the subject property at least three days prior to any hearing or action on the Tentative Map by the Zoning Administrator or Commission.

• C. Public notice. The following notice shall be provided in addition to that required by Chapter 18.180 (Public Hearings):

  1. Tenant notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Section 66452.17, and shall provide the Department satisfactory proof that the notice was given; and

  2. Public hearing notice. Notice of the public hearing(s) on the Tentative Map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.

D. Approval of conversion, required findings.

1. Time limit, stock cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within 120 days of the application being found complete in compliance with Section 18.96.020 (Tentative Map Filing, Initial Processing). The 120-day time limit may be extended by mutual consent of the subdivider and the Town.

2. Conversion findings, residential projects. Approval of a tentative or Final Map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made.

3. Town Building Code. Approval of a tentative or Parcel Map shall not be granted unless the Chief Building Official finds the building proposed for conversion into a condominium project, community apartment project or stock cooperative complies with all applicable provisions of the Town Building Code.

• E. Completion of conversion. The filing, approval and recordation of a Parcel Map or Final Map in compliance with Chapter 18.98 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a Parcel Map, or Tentative and Final Map are waived in compliance with Sections 18.100.030.B (Common Interest Development - Waiver of Tentative Map), 18.98.030 (Waiver of Parcel Map), and Map Act Section 66428(b).

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Certificates of Compliance

18.102

– CHAPTER 18.102 CERTIFICATES OF COMPLIANCE

Sections:

18.102.010 - Purpose of Chapter 18.102.020 - Applicability 18.102.030 - Application Contents 18.102.040 - Review and Approval 18.102.050 - Conditional Certificates of Compliance

This Chapter provides procedures for the filing, processing, and approval of Certificates of Compliance and Conditional Certificates of Compliance, consistent with the policies of the General Plan and the requirements of the Map Act.

A Certificate of Compliance is a document recorded by the County Recorder, which acknowledges that the subject parcel, which was typically created prior to current subdivision map requirements, is considered by the Town to be a legal lot of record. A Conditional Certificate of Compliance is used instead of a Certificate of Compliance to validate a parcel that was not legally subdivided in compliance with the State subdivision laws and local ordinances regulating subdivisions that were in effect at the time the subdivision occurred.

Section 66499.35 of the Map Act requires the approval of these certificates. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a Certificate of Compliance.

A Certificate of Compliance application shall include the form provided by the Department, the required filing fee, a chain of title, consisting of copies of all deeds beginning before the division and thereafter, unless the parcels were created through a recorded subdivision map, and all other information and materials required by the Department.

The processing, review, and approval of an application for a Certificate of Compliance shall occur as follows.

• A. Staff report. The Department shall prepare a staff report that:

  1. Describes the history of the land division;

  2. Determines whether the property was legally divided, in compliance with Subsection B., following;

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3. References provisions of State law and Town (or earlier County) ordinances applicable to the subdivision at the time the division in question occurred and any conditions that would be applicable to a current subdivision, as provided by the Map Act and the Development Code, if the owners of the property for which a certificate is requested are parties to the original division; and

4. Recommends appropriate conditions of approval if it is determined that the property was not legally divided, in compliance with Section 18.102.050.B (Conditional Certificates of Compliance - Conditions of approval). Conditions of approval may be attached to issuance of a Certificate of Compliance to ensure the proper recording of the certificate with the Nevada County Recorder’s Office (e.g., preparation of legal descriptions, recordation of deeds, etc.

• B. Review authority action. The review authority shall review all available information and make a determination whether the real property was divided in compliance with the Map Act, the applicable provisions of the Development Code, and other applicable provisions of the Municipal Code.

  1. Upon making the determination that the parcel(s) comply with the applicable provisions of this Development Code and the Map Act, the review authority shall approve and cause a Certificate of Compliance to be filed with the County Recorder. The review authority may attach conditions to the approval of the Certificate of Compliance to ensure the proper recording of the Certificate of Compliance.

  2. In the event that the review authority determines that the real property does not comply with the provisions of this Development Code or the Map Act, the review authority shall deny the application or process the application as a Conditional Certificate of Compliance (Section 18.102.050, Conditional Certificates of Compliance).

• C. Form of certificate. The Certificate of Compliance shall identify the real property, shall state that the division complies with the provisions of the Map Act and this Development Code, and shall include all information required by Map Act Section 66499.35.

• D. Effective date of certificate. A Certificate of Compliance shall not become final until the document has been recorded by the County Recorder.

A Conditional Certificate of Compliance is used to validate a parcel that was not legally divided in compliance with the State subdivision laws and local ordinances regulating subdivisions that were in effect at the time the subdivision occurred. If the current owners were responsible for the subdivision which created the illegal parcel, conditions of approval may be imposed, based on current standards. The preparation, filing and processing of a Conditional Certificate of Compliance application shall occur in compliance with Section 18.102.040 (Review and Approval), and this Section.

• A. Review. Upon making a determination that the real property does not comply with the applicable provisions of this Development Code or the Map Act, the review authority may

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grant a Conditional Certificate of Compliance, imposing conditions in compliance with following Subsection B.

• B. Conditions of approval. If the owners of the property for which a certificate is requested are the original subdividers, the review authority may impose any conditions that would be applicable to a current subdivision, as provided by the Map Act and this Development Code, regardless of when the property was divided. If the owners had no responsibility for the subdivision that created the parcel, the review authority may only impose conditions that would have been applicable at the time the property was acquired by the current owners.

• C. Appeal. The conditions imposed by the review authority may be appealed to the Council in compliance with Chapter 18.140 (Appeals).

• D. Completion of process. Following expiration of the 10 day appeal period after the determination and imposition of conditions by the review authority, the Department shall file a Conditional Certificate of Compliance with the County Recorder. The certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required before subsequent issuance of a permit or other approval for the development of the property.

• E. Effective date of certificate. A Conditional Certificate of Compliance shall not become effective until the document has been recorded by the County Recorder.

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Reversion to Acreage

18.104

– CHAPTER 18.104 REVERSIONS TO ACREAGE

Sections:

18.104.010 - Purpose and Applicability 18.104.020 - Application and Processing

18.104.030 - Findings for Approval of Reversions 18.104.040 - Conditions of Approval for Reversions 18.104.050 - Final Map Contents

Subdivided real property may be reverted to acreage (to a single parcel) as provided by this Chapter and by Map Act Chapter 6, Article 1. The consolidation of existing lots into more than a single parcel shall be accomplished through the Lot Line Adjustment process (Chapter 18.86) where the existing parcels qualify for Lot Line Adjustment, or through the Tentative and Parcel or Final Map processes (Chapters 18.96, and 18.98, respectively).

Applications for reversion to acreage shall be filed and processed as follows:

• A. Application information - Streets and easements. The application for reversion shall include evidence of non-use of or lack of necessity for any streets or easements that are to be vacated or abandoned, in addition to the information required by Section 18.96.010 (Tentative Map Preparation, Application Requirements).

• B. Filing and processing. The application shall be prepared, filed, and initially processed as provided by Chapter 18.70 (Applications, Processing, Fees), except that no environmental review of a reversion to acreage shall be required, as provided by Section 15305 of the CEQA Guidelines.

• C. Review and decision. A reversion to acreage shall require approval of a Final Map, with the procedure the same as that required by Chapter 18.98, except that a public hearing shall be held by the Planning Commission on the reversion to acreage before approval or disapproval of the Final Map.

Subdivided property may be reverted to acreage only if the advisory agency first makes the following findings, in addition to determining compliance with Section 18.96.060 (Tentative Map Approval or Denial):

• A. 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,

• B. All owners of an interest in the real property within the subdivision have consented to reversion; or

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• C. None of the improvements required to be made have been made within two years from the date the Parcel or Final Map was filed for record, or within the time allowed by an agreement for completion of the improvements, whichever is the later; or

• D. No lots shown on the Parcel or Final Map have been sold within five years from the date the map was filed for record.

As conditions of reversion, the advisory agency shall require the following:

• A. Dedications or offers of dedication necessary for the purposes specified by Chapters 18.92 (Subdivision Design and Improvement Requirements) and 18.108 (Subdivision Improvement Plans and Agreements).

• B. Retention of all previously paid fees and/or any portion of required improvement security or deposits if necessary to accomplish the purposes of the Map Act or these Regulations.

In addition to the information specified by Sections 18.98.040 and 18.98.080 (Parcel and Final Map Form and Content), the Final Map for a reversion to acreage shall also delineate dedications that will not be vacated and dedications that are a condition of reversion.

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18.106

Dedications and Exactions

– CHAPTER 18.106 DEDICATIONS, EXACTIONS, RESERVATIONS, EASEMENTS

Sections:

18.106.010 - Purpose of Chapter 18.106.020 - Applicability 18.106.030 - Findings Required for Dedications and Exactions 18.106.040 - Right-of-Way Dedications 18.106.050 - Access to the Truckee River and Donner Lake 18.106.060 - Reservations of Land for Public Uses 18.106.070 - Easements

This Chapter establishes standards for subdivider dedications of land or payment of fees in lieu thereof, in conjunction with subdivision approval.

• A. Compliance required. All proposed subdivisions shall comply with the requirements of this Chapter for dedications, reservations, or the payment of in-lieu fees.

• B. Conditions of approval. The requirements of this Chapter as they apply to a specific subdivision shall each be described in conditions of approval adopted by the review authority for the Tentative Map.

The review authority may require any of the dedications or exactions described in this Chapter through conditions of approval of a proposed Tentative Map only after first making findings which:

• A. Identify the purpose for the dedication or exaction; and

• B. Demonstrate that there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the subdivision from which the dedication or exaction is required.

• A. Offers of dedication required. As a condition of Tentative Map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the review authority to be needed for public and private streets and alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.

• B. Improvements. The subdivider shall construct or agree to construct all approved and required streets, alleys, stormwater and drainage facilities, including access rights and abutters' rights,

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in compliance with design and improvement standards within this Chapter, the Public Improvements and Engineering Standards, or as may be adopted by resolution of the Council.

• C. Rights-of-way, generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a Town-maintained road of insufficient width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility. Dedications on remainder parcels that are not at the smallest lot area allowed under present zoning will not be required unless necessary for orderly development of the area or public health and safety.

• D. Bicycle paths. If the subdivision, as shown on the Final Map, contains 200 or more parcels, any subdivider who is required to dedicate roadways to the public, shall dedicate additional land for bicycle paths for the use and safety of the residents of the subdivision.

• E. Transit facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, and similar items that directly benefit the residents of the subdivision if:

  1. The subdivision as shown on the Tentative Map has the potential for 200 dwelling units or more if developed to the maximum density shown in the General Plan; and

  2. The review authority finds that transit services are or will, within a reasonable time period, be available to the subdivision.

• F. Alternative transportation systems. Whenever the subdivision falls within an area designated for the development of bikeways, hiking or equestrian trails in the General Plan, Parks and Recreation or Bikeways Master Plans, applicable Specific Plan, or implementing legislation, the subdivider shall dedicate land as is necessary and feasible to provide for these ways.

• G. Abandonment/vacation. The abandonment or vacation of a street or highway right-of-way easement shall comply with Streets and Highways Code Sections 8300 et seq., as applicable, and Chapter 18.88 (Vacations).

As required by Map Act Sections 66478.4, 66478.5, and 66478.12, the review authority shall not approve any subdivision which proposes parcels adjacent to the Truckee River or Donner Lake, unless the proposed subdivision provides or includes reasonable public access by fee or easement from a public road to that portion of the bank of the river, or the waters of the lake, bordering or lying within the proposed subdivision. The required extent and type of access shall be determined in compliance with Map Act Sections 66478.4, 66478.5, and 66478.12, as applicable. The approved access shall be shown on the Parcel or Final Map, in compliance with Map Act Sections 66478.6 and 66478.12.

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The review authority may require through conditions of Tentative Map approval, the reservation of real property within a proposed subdivision for parks, recreational facilities, fire stations, libraries, or other public uses, in compliance with this Section, and Map Act Sections 66479 et seq.

• A. Criteria for requiring a reservation. A reservation of land within a proposed subdivision for public use may be required only when the review authority determines that:

  1. The requirement is based on policies and standards of the General Plan or applicable Specific Plan for the uses for which a reservation is required, and the required reservation is in compliance with those policies and standards;

  2. This Section has been in effect for at least 30 days prior to the filing of the Tentative Map;

  3. 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; and

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

• B. Configuration of reservation. The reserved area shall conform to the applicable provisions of the General Plan or applicable Specific Plan, and shall be in multiples of streets and parcels that will permit an efficient division of the reserved area in the event that it is not acquired within the time period established in compliance with following Subsection C.

• C. Binding agreement required. When a reservation has been required, the Town or other public agency for which the reservation has been required shall enter into a binding agreement with the property owner to acquire the reserved area, in compliance with Map Act Section 66480. If the public agency for whose benefit the reservation was required does not enter into the binding agreement, the reservation shall automatically terminate, in compliance with Map Act Section 66481.

The review authority may require easements to be dedicated to the Town or special district for access, drainage, public utilities, solar access, and other purposes in compliance with this Article. Requirements for right-of-way dedications are found instead in Section 18.106.040 (Right-of-Way Dedications).

• A. Offers of dedication required. As a condition of Tentative Map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the review authority to be needed for access rights; drainage; public and private greenways; scenic easements, public utility easements; and any other necessary public and private easements.

• B. Improvements. The subdivider shall construct or agree to construct all approved and required drainage, public utility and other public easements in compliance with design and

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improvement standards within this Chapter, the Public Improvements and Engineering Standards, or as may be adopted by resolution of the Council.

• C. Abandonment/vacation. The abandonment or vacation of a service easement shall comply with Streets and Highways Code Sections 8300 et seq., as applicable, and Chapter 18.88 (Vacations).

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Subdivision Improvement Plans and Agreements

18.108

– CHAPTER 18.108 SUBDIVISION IMPROVEMENT PLANS AND AGREEMENTS

Sections:

18.108.010 - Purpose of Chapter 18.108.020 - Subdivision Improvement Plans 18.108.030 - Installation of Improvements 18.108.040 - Subdivision Improvement Agreements and Security

This Chapter establishes procedures and requirements for the review and approval of subdivision improvement plans, the installation of improvements and agreements and guarantees for their installation.

After the approval of a Tentative Map, the subdivider shall diligently proceed to complete any work necessary to fulfill the conditions of approval. Before the construction of any improvements, the subdivider shall submit plans to the Town in compliance with Chapter 18.89 (Improvement Plans) and as follows:

• A. Review and approval. Subdivision Improvement plans shall be reviewed and approved by the Town Engineer in accordance with Chapter 18.89 (Improvement Plans), the Public Improvement and Engineering Standards and within the time limits provided by Map Act Section 66456.2.

• B. Effect of approval. The final approval of subdivision improvement plans shall generally be required before approval of a Parcel or Final Map. The approval of subdivision improvement plans shall not bind the Town to accept the improvements nor waive any defects in the improvements as installed.

Subdivision improvements required as conditions of approval of a Tentative Map in compliance with Chapter 18.89 (Improvement Plans) shall be installed as provided by Section 18.89.040 (Installation of Improvements) and this Section.

• A. Timing of improvements. Required subdivision improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with Section 18.89.030, and before the approval of a Parcel or Final Map in compliance with Sections 18.98.080 (Parcel Map Approval) or 18.98.100 (Final Map Approval), except where:

  1. Improvements are deferred in compliance with Section 18.108.040 (Improvement Agreements and Security); or

  2. Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required within six months

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of the date of recordation of the parcel map. The improvements shall be secured in accordance with Section 18.108.040 (Subdivision Improvement Agreements and Security) before the approval of a Parcel Map.

This Section provides procedures and criteria for the preparation and approval of improvement agreements, and standards for the types of security allowed to guarantee the proper installation of required subdivision improvements.

• A. Applicability. A subdivider may file a Parcel or Final Map before completion of all the improvements required by this Article and conditions of approval of the Tentative Map, only when the subdivider first obtains Town approval of a subdivision improvement agreement executed and submitted for Town review by the subdivider, and provides the Town performance security as required by this Section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act. The approval of a subdivision improvement agreement is entirely at the discretion of the Town; and the Town may require the completion of some or all improvements prior to the recordation of the Parcel or Final Map.

• B. Contents of improvement agreement. A subdivision improvement agreement shall be submitted on a form provided by the Town Engineer and approved by Town Attorney and shall include, but not limited to, the following provisions.

  1. Description of improvements. A description of all improvements to be completed by the subdivider, with reference to the approved subdivision improvement plans.

  2. Time limit for construction. The period within which all required improvements will be completed to the satisfaction of the Town Engineer.

  3. Completion by Town. Provide that if the subdivider fails to complete all required improvements within the specified time, the Town may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement. The costs and expenses may be recorded as a lien against all parcels within the subdivision.

  4. Surety requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance, as specified in Subsection C. of this Section. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate.

  5. Phased construction. Provisions for the construction of improvements in units, at the option of the subdivider.

  6. Time extensions. Provisions for an extension of time under conditions specified therein, at the option of the Town, consistent with the requirements of Subsection F. following.

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7. Progress payments or partial release. Provide for progress payments from surety deposits or partial release of agreement surety, at the option of the Town, consistent with the requirements of Subsection C. following; provided that no progress payment or partial release shall be construed to be acceptance by the Town of any portion of the required improvements or any defective work or improper materials.

• C. Security required to guarantee improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate security approved as to form and sufficiency by the Town Attorney. The amount of the security shall be based on an engineer’s estimate of the required improvements and reviewed and approved by the Town Engineer. The amount of the security shall depend on the form of security, as follows:

  **1. Bond or letter of credit.** If a bond or bonds executed by one or more duly authorized corporate sureties or a letter of credit from one or more financial institution subject to regulation by the State or Federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, then the following security is required: 
  
     - a. A guarantee for “Faithful Performance,” in the amount of 100 percent of the engineer’s estimate; and 
  
     - b. A guarantee for “Materials and Labor,” in the amount of 100 percent of the engineer’s estimate. 
  
  **2. Cash deposit.** A cash deposit equal to 125 percent of the engineer’s estimate provided that the subdivider consents to the entire deposit being used to secure both “Faithful Performance” and/or “Materials and Labor.” 
  

• D. Release of security. The security furnished by the subdivider shall be released as provided by Chapter 5 of the Map Act.

• E. Progress payments or partial release. No progress payment or partial release of surety shall be made except when the Town Engineer has certified that the work required to qualify for payment or release has been satisfactorily competed and the payment or release has also been approved by the Council by at least four-fifths vote. No certificate given, progress payment made, or release of surety, except the final certificate of acceptance, shall be considered as any evidence of the performance of the agreement either wholly or in part. There shall be no partial acceptance of any improvements.

• F. Time extensions. An extension of time for completion of improvements under a subdivision improvement agreement pursuant shall be granted by the Town only as follows:

  1. Work is in progress. The subdivider is proceeding to do the work required with reasonable diligence and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

  2. Agreement by sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety.

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3. Conditions. As a condition of granting a time extension, the Town may impose whatever additional requirements the Town deems reasonable to protect the public interest.

• G. Acceptance of improvements. Before acceptance for maintenance or final approval of subdivision improvements, the Town Engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.

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Surveys and Monuments

18.110

– CHAPTER 18.110 SURVEYS AND MONUMENTS

Sections:

18.110.010 - Purpose of Chapter 18.110.020 - Survey Procedure and Practice 18.110.030 - Monuments 18.110.040 - Survey Information on Parcel or Final Map

This Chapter provides requirements for subdivision survey work, and the placement of subdivision monuments.

The procedure and practice of all survey work done on any subdivision, whether for preparation of a Final Map or Parcel Map shall conform to the standard practices and principles of land surveying, the California Land Surveyor's Act, the Public Improvement and Engineering Standards, and the provisions of this Chapter. All related documents shall be executed by a Land Surveyor registered in the State of California.

• A. Traverse. The traverse of the exterior boundaries of the subdivision computed from field measurements of the ground must close within a limit of error of one foot to 10,000 feet of perimeter before balancing the survey.

• B. Field notes. When required by the Town Engineer, the engineer or surveyor making the survey shall prepare complete field notes, in a form satisfactory to the Town Engineer, showing references, ties, locations, elevations and other necessary data relating to monuments, set in compliance with these regulations, and shall submit the notes to the Town Engineer to be indexed and retained as a part of the permanent public record of his office.

• C. Geodetic monuments. Whenever the Town Engineer has established a system of coordinates which is within a reasonable distance of the subdivision boundary, as determined by the Town Engineer, the field survey shall be tied into the system.

In surveying a subdivision, the engineer or surveyor shall set sufficient permanent monuments so that any part of the survey may be readily retraced. Survey monuments shall be set by the engineer or surveyor for all new subdivisions requiring a Parcel Map or Final Map, in compliance with the Public Improvement and Engineering Standards and this Section.

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A. Boundary monuments.

1. Boundary monuments shall be set on the exterior boundary of the subdivision at all corners, angle points, beginnings and ends of curves and at intermediate points approximately 1,000 feet apart. The locations of inaccessible points may be established by ties and shall be so noted on the Final Map or Parcel Map.

2. All exterior boundary monuments shall be set prior to recordation of the Final Map or Parcel Map or as certified on the Final Map.

• B. Interior monuments. Whenever interior monuments are required, the monuments shall be set at:

  1. All block and lot corners and angle points;

  2. The beginnings and ends of curves;

  3. Points of intersection with centerlines of other existing and proposed streets and alleys; and

  4. The points of intersection with the exterior boundary lines.

Interior property line and centerline monuments and ties may be set after the Final Map or Parcel Map is recorded.

• C. Monument type and positioning. All monuments set in the course of the survey shall be as specified by the Town Engineer and shall be set to the depth and in the manner prescribed by the Town Engineer.

• D. Identification marks. All monuments shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor who signs the engineer's or surveyor's certificate and under whose supervision the survey is made.

• E. Replacement of destroyed monuments. Any monument which is disturbed or destroyed before acceptance of all improvements by the Town shall be replaced by the subdivider.

• F. Timing of monument installation . The exterior boundary of the subdivision shall be completely monumented or referenced before the Final Map or Parcel Map is submitted to the Town Engineer for filing. Interior monuments need not be set at the time the Final Map or Parcel Map is filed if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes the Town a bond, instrument of credit, or cash deposit in a sufficient amount to guarantee payment of the cost of setting the monuments in compliance with Map Act Section 66496.

numents need not be set at the time the Final Map or Parcel Map is filed if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes the Town a bond, instrument of credit, or cash deposit in a sufficient amount to guarantee payment of the cost of setting the monuments in compliance with Map Act Section 66496.

• G. Notice of completion. Within five days after all monuments have been set, the engineer or surveyor shall give written notice to the subdivider and the Town Engineer that the final monuments have been set. Verification of payment to the engineer or surveyor shall be filed as required by Article 9, Chapter 4 of the Map Act. The cost of setting monuments shall be included in the engineer's estimate for improvements in compliance with Section 18.108.040

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(Subdivision Improvement Agreements and Security). If requested, this amount of the bond may be released upon verification of the setting of the monuments by the Town Engineer.

The following survey information shall be shown on each Final Map or Parcel Map for which a field survey was made in compliance with this Development Code.

• A. Stakes, monuments (together with their precise position) or other evidence found on the ground, to determine the boundaries of the subdivision;

• B. Corners of all adjoining properties identified by lot and block numbers, subdivision names, numbers and pages of record, or by section, township and range, or other proper designation;

• C. All information and data necessary to locate and retrace any point or line without unreasonable difficulty;

• D. The location and description of any required monuments to be set after recordation of the Final Map, and the statement that they are "to be set;"

• E. Bearing and length of each lot line, block line and boundary line and each required bearing and distance;

• F. Length, radius and angle of each curve and the bearing of each radial line to each lot corner on each curve;

• G. The centerlines of any street or alley in or adjoining the subdivision which have been established by the Town Engineer, together with reference to a field book or map showing the centerline and the monuments which determine its position. If determined by ties, that fact shall be so stated;

• H. Any other survey data or information as may be required to be shown by the Town Engineer or by the provisions of this Chapter.

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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

18.110

Surveys and Monuments

May 28, 2026

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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE