Chapter 8.24 — SUBDIVISION REGULATIONS

Section Applicability and Administration 8.24.010 Purpose. 8.24.020 Title of provisions. 8.24.030 Conformance to provisions required. 8.24.040 Applicability. 8.24.050 Advisory agency and appeal board. 8.24.060 Standard conditions for approval. 8.24.070 Public notice. 8.24.080 Appeals process. 8.24.090 Prohibitions and penalty for violation. 8.24.100 Certificate of compliance. 8.24.110 Remainder lots. Definitions 8.24.120 Adopted. 8.24.130 Definitions. Tentative Maps 8.24.140 Purpose and function of tentative maps. 8.24.150 When required. 8.24.160 Basic requirements. 8.24.170 Review authority.

8.24.180 Application submittal. 8.24.190 Application review. 8.24.200 Environmental review. 8.24.210 Public notice and hearing. 8.24.220 Findings. 8.24.230 Conditions of approval. 8.24.240 Notice to applicant. 8.24.250 Expiration of maps. 8.24.260 Extensions. 8.24.270 Amendments. 8.24.280 Appeals. 8.24.290 Vesting tentative map. Final Subdivision Maps and Parcel Maps 8.24.300 Purpose of final subdivision maps and parcel maps. 8.24.310 Basic requirements. 8.24.320 Form and contents of final subdivision map and parcel map. 8.24.330 Procedures for approval. 8.24.340 Phasing of final maps. 8.24.350 Survey and monuments. 8.24.360 Corrections and amendments. Other Subdivision Procedures 8.24.370 Purpose. 8.24.380 Lot line adjustments. 8.24.390 Voluntary lot mergers. 8.24.400 Mandatory lot mergers. 8.24.410 Reversion to acreage. Design Standards 8.24.420 General design standards. 8.24.430 Block design. 8.24.440 Lot design. 8.24.450 Street design and improvements. 8.24.460 Trees and landscaping. 8.24.470 Energy conservation. Improvements 8.24.480 Purpose. 8.24.490 Applicability. 8.24.500 Improvement requirements. 8.24.510 Improvement agreements. 8.24.520 Improvement security. 8.24.530 Installation of improvements. APPLICABILITY AND ADMINISTRATION

(A) General. The Subdivision Ordinance is adopted to implement the California Subdivision Map Act ("Map Act") and to protect the health, safety, and general welfare of the residents of the City of Tulare. (B) Specific. The Subdivision Ordinance is intended to give effect to the Map Act, Cal. Gov't Code §§ 66410 et seq. (1) Plan implementation. To give effect to the General Plan and specific plans of the City of Tulare relative to the subdivision of land and development of subdivisions. (2) Local ordinance. To regulate, by local ordinance, those matters of land division, merger, reversion, and lot line adjustment not governed by the Map Act. (3) Orderly development. To facilitate and ensure orderly development of lands in the City of Tulare. (4) Consistency. To implement the objectives established for the development of the City of Tulare in conformance with its General Plan and specific plans, and to ensure that a proposed subdivision or land division shall be considered in relation to those plans. (5) Improvements. To provide standards governing the surveys, designs, and improvements of subdivisions, and the submission of maps, plans, and specifications for the construction of improvements. (6) Utilities. To provide for standards for streets, roads, highways, public utilities, and other improvements within subdivisions. (7) Building sites. To provide for the creation of reasonable building sites by establishing appropriate standards for streets and lots, and to ensure that each property has a means of ingress and egress. (8) Flooding. To control the division of land that is subject to inundation by flooding from natural streams or artificial ponding, and other detrimental influences which may cause land to be unsuitable for satisfactory development. (9) Soil conditions. To control the division of land which may be subject to dangerous or unsuitable soil conditions of any type, or subject to any other impediments affecting the use of the land for human habitation. (10) Rules and regulations. To provide rules and regulations governing the contents of tentative subdivision maps, tentative parcel maps, vesting tentative subdivision maps and final maps, to establish methods for the processing and filing of the maps, and to regulate other related matters. (Ord. 15-12, passed 12-15-2015)

This chapter shall be known as, and may be cited as, the "Subdivision Ordinance of the City of Tulare." (Ord. 15-12, passed 12-15-2015)

(A) Prior to the subdivision of any land in the City of Tulare, the subdivider shall conform to and comply with the requirements of this chapter. (B) No land shall be subdivided or developed for any purpose that is not in conformity with the General Plan, any applicable specific plan, or the City of Tulare Public Ways and Property Ordinance, Title 8 of the Tulare Municipal Code. (C) The type and intensity of land use as shown in the General Plan or specific plan shall determine the type of streets, roads, highways, utilities, and public services to be provided by the subdivider. (D) No subdivision shall be approved, and no certificate of compliance shall be issued, if a lot would be created that is inconsistent with the requirements of this chapter. (Ord. 15-12, passed 12-15-2015)

(A) General. All subdivisions of real property for sale, lease, or financing in the City of Tulare shall comply with this chapter and the Map Act. (B) Approval. All subdivisions of real property for sale, lease, or financing in the City of Tulare shall be permitted through the approval of a map in compliance with this chapter and the Map Act. (C) Conflicts. The Map Act shall govern in the event of any conflict between the Map Act and this chapter. (Ord. 15-12, passed 12-15-2015)

(A) Advisory agency. (1) Designation. The designated advisory agencies as defined in Cal. Gov't Code § 66415 of the Map Act are identified as "review authority" in Table 8.24-1. (2) Role. The advisory agency, as review authority, is authorized to make decisions on a given action, as identified in Table 8.24-1. (B) Responsibilities. (1) Community Development Director. The Community Development Director is responsible for the following: (a) Processing applications for subdivision maps and approvals as required by this chapter. (b) Reviewing subdivision applications for compliance with the General Plan, the Zoning Ordinance, and this chapter. (c) Forwarding subdivision application materials to the City Engineer and other city departments for review and comment. (d) Conducting environmental analyses related to proposed applications in compliance with the California Environmental Quality Act (CEQA). (e) Scheduling meetings and hearings for items reviewed by the Parcel Map Committee, the Planning Commission, and City Council. (f) Providing notice of public hearing as required by this chapter. (g) Membership on in the Parcel Map Committee and participation in all duties and responsibilities of the Committee. (h) Preparing written reports for items acted upon by the Parcel Map Committee, the Planning Commission, and the City Council. (i) Certifying, as Secretary of the Planning Commission, decisions and actions of the Planning Commission. (j) Providing applicants with notice of City decisions on proposed tentative subdivision maps, vesting tentative subdivision maps, and tentative parcel maps. (k) Making decisions and providing recommendations on decisions as shown in Table 8.24-1. (l) Making decisions on requests to waive the requirement for a tentative parcel map as allowed by Cal. Gov't Code § 66428. (m) Certifying approval of minor amendments to tentative subdivision maps, vesting tentative subdivision maps, and tentative parcel maps. (n) Reviewing and approving provisions prepared by a subdivider for the maintenance and ownership of private streets. (o) When necessary to carry out these responsibilities, the Community Development Director may designate and authorize a representative to act on the Community Development Director's behalf. (2) City Engineer. The City Engineer is responsible for the following: (a) Reviewing and commenting on applications for tentative subdivision maps, tentative parcel maps, lot line adjustments, voluntary lot mergers, and reversions to acreage. (b) Preparing a written report to the Planning Commission on whether a tentative subdivision map application complies with this chapter and the Map Act. (c) Reviewing and commenting on requested certificates of compliance. (d) Membership on the Parcel Map Committee and participation in all duties and responsibilities of the Committee. (e) Reviewing and commenting on requested tentative parcel map waivers. (f) Certification of approved amendments to a tentative subdivision map or tentative parcel map. (g) Waiving of final subdivision map and parcel map requirements that are not applicable to a proposed subdivision. (h) Issuing of certificates for final subdivision maps and parcel maps. (i) Accepting and reviewing final subdivision map and parcel map submittals. (j) Approving parcel maps that do not require dedications subject to City Council approval. (k) Transmitting certified final subdivision maps and parcel maps to the County Recorder. (l) Approving amendments or certificate(s) of correction to final subdivision maps and parcel maps allowed with City Engineer approval and recommendation to the City Council on amendments to final subdivision maps and parcel maps requiring City Council approval.

(m) Maintaining the latest edition of the city's Standard Drawings and Specifications in the Office of the City Engineer. (n) Reviewing and approving subdivision improvement plans in compliance with official city standards. (o) Approving deviations from the city's standard plans and specifications for subdivision improvements. (p) Determining required payment for maintenance of trees and landscaping within a subdivision after completion. (q) Reviewing master water, sewer, and storm drain plans for a subdivision subject to multiple incremental final subdivision maps. (r) Approving deferred improvement agreements. (s) Approving improvement securities. (t) Approving extensions to the required completion date of subdivision improvements. (u) Recommending to the City Council acceptance of all public subdivision improvements. (v) When necessary to carry out these responsibilities, the City Engineer may designate and authorize a representative to act on the City Engineer's behalf. (3) Parcel Map Committee. The Parcel Map Committee is responsible for approving, conditionally approving, or denying all applications for: (a) Tentative parcel maps. (b) Amendments to tentative parcel maps. (c) Discretionary extensions to tentative parcel maps. (d) Lot line adjustments not requiring a variance. (e) Reversions to acreage. (f) Lot mergers. (4) Planning Commission. The Planning Commission is responsible for approving, conditionally approving, or denying all applications for: (a) Tentative subdivision maps and vesting tentative subdivision maps. (b) Amendments to vesting tentative subdivision map or a tentative subdivision map. (c) Amendments to a parcel or final subdivision map to reflect changed circumstances. (d) Discretionary extensions to a vesting tentative subdivision map or a tentative subdivision map. (e) Hearing appeals of decisions of the Community Development Director, City Engineer, and Parcel Map Committee. (5) City Council. The City Council is responsible for: (a) Approving, conditionally approving, or denying all applications for final subdivision maps. (b) Accepting all dedications of land, rights-of-way, and easements. (c) Hearing appeals of decisions of the Community Development Director, City Engineer, Parcel Map Committee, and Planning Commission. (Ord. 15-12, passed 12-15-2015)

Pursuant to its police power, the city may impose conditions on the approval of any map. The City Council may adopt, by resolution, a listing of standard conditions of approval, which may be imposed on the approval of any map by reference. Any, all, or none of the standard conditions of approval may be imposed by the city by such reference. Imposition of standard conditions of approval does not in any way abrogate the power of the city to impose other conditions. (Ord. 15-12, passed 12-15-2015)

When a map is filed for the division of land, all public notice requirements listed in Cal. Gov't Code § 66451 et seq. and the Tulare Municipal Code shall be followed. (Ord. 15-12, passed 12-15-2015)

When this chapter allows for an appeal of an action, the appeals process shall be in accordance with Cal. Gov't Code § 66452.5 and as follows: (A) Appeal Community Development Director, City Engineer, and Parcel Map Committee actions. Community Development Director, City Engineer, and Parcel Map Committee actions may be appealed to the Planning Commission as follows: (1) Within ten days after the action of the Community Development Director, City Engineer, or Parcel Map Committee from which the appeal is taken, the action may be appealed to the Planning Commission by filing a notice of appeal with the Community Development Director. The notice of appeal shall be accompanied by payment of a fee as required by resolution of the City Council. If no appeal is filed, the action shall be final. (2) Within 30 days after the date of filing an appeal, the Planning Commission shall hold a hearing to consider the matter. At the hearing of the appeal, the Planning Commission shall consider the report of the Community Development Director, City Engineer, or Parcel Map Committee, as applicable, in addition to testimony presented at the hearing. (3) The Planning Commission may sustain, modify, reject, or overrule any action of the Community Development Director, City Engineer, or Parcel Map Committee, and make findings that are consistent with city ordinances or the Map Act. Within ten days following the hearing, the Planning Commission shall render its decision on the appeal. (B) Appeal of Planning Commission action. Planning Commission actions may be appealed to the City Council as follows: (1) Within ten days after the action by the Planning Commission from which the appeal is taken, the action may be appealed to the City Council by filing a notice of appeal with the Clerk of the City Council and the Community Development Director. The notice of appeal shall be accompanied by payment of a fee as required by resolution of the City Council. If no appeal is filed, the action shall be final. (2) Within 30 days of the filing of an appeal, the City Council shall hold a hearing to consider the matter. At the hearing of the appeal, the City Council shall consider all of the following, as applicable, in addition to testimony presented at the hearing: (a) The report of the Community Development Director. (b) The minutes of the Planning Commission. (c) The staff report. (3) The City Council may sustain, modify, reject, or overrule any action of the Planning Commission and make findings that are consistent with city ordinances or the Map Act. Within ten days following the hearing, the City Council shall render its decision on the appeal, which shall be final. (Ord. 15-12, passed 12-15-2015) Table 8.24-1 Review Authority Key R Recommended D Decision A Appeal

• Not Applicable Role of Review Authority Community Development Director City Engineer Parcel Map Committee Planning Commission [1] City Council Table 8.24-1 Review Authority Key R Recommended D Decision A Appeal
• Not Applicable Role of Review Authority Community Development Director City Engineer Parcel Map Committee Planning Commission [1] City Council Map Approvals

Final Subdivision Map R R

D Parcel Map R D [2 ]

A A Tentative Parcel Map R R D A A Tentative Subdivision Map R R

D A Vesting Tentative Subdivision Map R R

D A Tentative Parcel Map Waivers D R

A A Map Amendments Amendment to a Parcel Map or Final Map to Correct Errors and Omissions

D

A A Amendment to a Parcel Map or Final Map to Reflect Changed Circumstances

R

D A Amendment to a Tentative Parcel Map R R D A A Amendment to a Tentative Subdivision Map or a Vesting Tentative Subdivision Map R R

D A Map Extensions Automatic Extension to a Tentative Subdivision Map or a Tentative Parcel Map D

A A Discretionary Extension to a Tentative Subdivision Map or a Vesting Subdivision Tentative Subdivision Map R R

D A Discretionary Extension to a Tentative Parcel Map R R D A A Other Decisions Accepting Dedication of Land, Rights- of-Way and Easement R R

R D Lot Line Adjustment R R D[ 2] A A Certificate of Compliance R R D A A Deferred Improvement Agreement

D

A A Reversion to Acreage R R

D A Voluntary Lot Merger R R D A A Notes: [1] The Planning Commission is the review authority for lot line adjustments requiring a variance. [2] Any dedications must be approved by the City Council.

(Ord. 15-12, passed 12-15-2015)

(A) Prohibitions. (1) Noncompliance. No person shall offer to sell or lease, to contract to sell or lease, or to finance any lot of real property or to commence construction of any building for sale, lease or financing, except for model homes, or to allow occupancy, for which a parcel map or final parcel map is required by this chapter, until a parcel map or final subdivision map in compliance with the provisions of this chapter has been filed for record by the County Recorder. (2) Conveyance of property. Conveyances of any part of a division of real property for which a final subdivision map or parcel map is required by this chapter shall not be made by parcel or block number, initial or other designation, until the map has been filed for record by the County Recorder. (3) Development contrary to public health or safety. The city shall not issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted in a division, in violation of the provisions of this chapter, if it finds that development of the property is contrary to public health or public safety. If the city issues a permit or grants approval for the development of the property, it may impose additional conditions as would have been applicable to

the division of the property at the time the current owner of record acquired the property. (Ord. 15-12, passed 12-15-2015)

(A) Purpose. A certificate of compliance is an official determination of the City of Tulare that a property complies with the requirements of this chapter and the Map Act. (B) Application. Any person owning real property may submit to the Community Development Director an application for a certificate of compliance. The application shall be subject to the fees as set forth in the City of Tulare's Planning Fee Schedule. (C) Review. The Community Development Director, in consultation with the City Engineer, shall review the application to determine whether the property complies with the requirements of this chapter and the Map Act. (D) Issuance and recordation. If the Community Development Director is able to determine from this review that the parcel complies with this chapter and the Map Act, a certificate of compliance shall be issued by the Parcel Map Committee and delivered to the County Recorder for recordation. The certificate of compliance shall identify the property and state that the property complies with this chapter and the Map Act. (E) Non-compliance. If the Community Development Director cannot determine that the property complies with this chapter and the Map Act, the Parcel Map Committee shall issue a conditional certificate of compliance pursuant to Cal. Gov't Code § 66499.35(b). (Ord. 15-12, passed 12-15-2015)

(A) General. A subdivider may designate as a remainder lot the portion of a subdivision which is not divided for the purpose of sale, lease, or financing. A designated remainder lot is not counted as a lot for the purpose of determining whether a parcel map or subdivision map is required. (B) Construction of improvements. For a designated remainder lot, the fulfillment of construction requirements for improvements is not required until: (1) A permit or other grant of approval for development of the remainder lot is issued by the city; (2) The construction of the improvements is required under an agreement between the subdivider and the city; or (3) The city makes a finding that fulfillment of the construction requirements is necessary for reasons of: (a) The public health and safety; or (b) The required construction is a necessary prerequisite to the orderly development of the surrounding area. (C) Agreement for deferred improvements. When fulfillment of the construction requirements is to be delayed, the subdivider shall record, with the City Engineer's approval, an agreement with the city, stating: (1) What the required improvements are; and (2) That the subdivider or a successor owner is required to complete them all before the city will grant a permit or other approval for development. (D) Sale of remainder lots. If a designated remainder lot is subsequently sold, the city may require the subdivider or the owner to obtain a certificate of compliance or conditional certificate of compliance in compliance with § 8.24.100. (Ord. 15-12, passed 12-15-2015) DEFINITIONS

Any words or phrases not defined in this chapter, but which are defined in the Map Act, shall apply as though set forth in this chapter. (Ord. 15-12, passed 12-15-2015)

The following words and phrases shall have the meanings respectively ascribed to them. (A) Definitions, "A".

ADVISORY AGENCY. The city official or body responsible for acting on an application, permit, or approval required by this chapter. ALLEY. A way intended primarily for vehicular service access to the back or side of properties otherwise abutting on a street, and providing only secondary access to such property. APARTMENT. Apartment house as defined in § 5.04.010 of the Tulare Municipal Code. APPEAL BOARD. A designated board or other official body charged with the duty of hearing and making determinations upon appeals with respect to divisions of real property, the imposition of requirements or conditions, or the kinds, nature, and extent of the design or improvements, or both, recommended or decided by the advisory agency to be required. APPLICANT. The owner(s), developer, or subdivider of a project as their interests may appear. ARTERIAL. Any street which carries or will carry the major flow of traffic, and for which the interval and extent of fronting uses, access, and traffic entering it from side streets and roadways may be restricted and otherwise controlled. (B) Definitions, "B". BICYCLE PATH. A path, trail, route, or land designated for use by bicycles and other non-motorized traffic. BLOCK. An area of land entirely bounded, or to be entirely bounded, by streets, highways or ways, railroads, or subdivision boundaries, except alleys. (C) Definitions, "C". CENTERLINE. An imaginary or actual line dividing a road, street, or path into equal halves, often marked with a painted line. CERTIFICATE. A formal, valid, written authorization. CERTIFICATE OF COMPLIANCE. A certificate, recorded by the city, determining that the subdivision of real property complies with the provisions of the Map Act and city ordinances enacted pursuant to the Map Act. A recorded final subdivision map or parcel map shall constitute a certificate of compliance for the lots of real property described in the map. CEQA. The California Environmental Quality Act, which provides an objective process to disclose and minimize environmental impacts. CITY CLERK. The City Clerk of the City of Tulare and designated staff. CITY ENGINEER. The City Engineer of the City of Tulare and designated staff. If registered as a civil engineer after January 1, 1982, the City Engineer shall not be authorized to prepare, examine, or approve surveying maps and documents. The examinations, certifications, and approvals of the surveying maps and documents shall only be performed by a person authorized to practice land surveying pursuant to the Professional Land Surveyors Act, Cal. Business and Professions Code §§ 8700 et seq. or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers Act, Cal. Business and Professions Code §§ 6700 et seq. CITY COUNCIL. The City Council of the City of Tulare and designated staff. COLLECTOR STREET. Any street intermediate in function between minor streets and arterials which, because of its location relative to other streets or traffic generators, carries or will carry traffic between minor and arterial streets, or serves as a primary access to a neighborhood unit, or for the circulation of traffic within or through such a neighborhood unit. COMMUNITY DEVELOPMENT DIRECTOR. The Director of the Planning Department and associated staff of the City of Tulare. CONDOMINIUM. Includes the following: (a) Real property consisting of an undivided interest in common in a portion of a lot of real property together with a separate interest in space in a residential, industrial, or commercial building on the real property. (b) A condominium project, as defined in Cal. Civil Code § 4125, containing two or more condominiums, as defined in Cal. Civil Code § 783. (c) A community apartment project, as defined in Cal. Business and Professions Code § 11004, containing two or more rights of exclusive occupancy. (d) A stock cooperative, as defined in Cal. Business and Professions Code § 11003,2, containing two or more separately owned lots or areas. (e) Any other project as defined by state law, including developments which offer own-your-own or fee-ownership units, where the individual owns land directly below the "footprint" of the unit. CONDOMINIUM CONVERSION. The conversion or division of a single ownership lot of existing improved real property, such as an apartment project into a condominium form of ownership involving separate ownership of individual units.

CUL-DE-SAC. A minor street which connects to another street at one end only. (D) Definitions, "D". DEDICATION. The deliberate setting aside of land by an owner for general or public use. DEPARTMENT OF COMMUNITY DEVELOPMENT. The Department of Community Development of the City of Tulare. DESIGN. (a) Street alignments, grades and widths. (b) Drainage and sanitary facilities and utilities, including alignments and grades. (c) Location and size of all required easements and rights-of-way. (d) Fire roads and fire breaks. (e) Lot size and configuration. (f) Traffic access. (g) Grading. (h) Land to be dedicated for park or recreational purposes. (i) Other specific requirements in the plan and configuration of the entire subdivision as necessary or convenient to ensure consistency with, or implementation of, the General Plan and applicable specific plan, utility master plan, or similar plan-level document. DEVELOPER. (a) A person, firm, corporation, partnership, or association who proposes to construct, or constructs, or causes to be constructed, any development on or for any portion of any land proposed to be subdivided in accordance with this chapter, or on, or for, any land previously subdivided. (b) The owner or subdivider with controlling proprietary interest in a condominium project, or the person or organization making application for a condominium project. DEVELOPMENT. Any man-made change to real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. DEVELOPMENT AGREEMENT. A contract executed and legally binding between the City of Tulare and a developer(s) that delineates the terms and conditions agreed upon by two or more parties. DOUBLE FRONTAGE LOT. Any lot whose front and rear property lines abut street rights-of-way. DWELLING UNIT. A building or a portion of a building containing one or more habitable rooms used or designed for occupancy by individuals for living and sleeping purposes, including kitchen and bath facilities. (E) Definitions, "E". EASEMENT. The granting of certain property rights or limits on uses by the property owner to another party. (F) Definitions, "F". FINAL SUBDIVISION MAP. A map prepared in accordance with the provisions of this chapter and the Map Act of the state, designed to be recorded in the office of the recorder of the county, for subdivisions of five or more lots and as otherwise provided in the Map Act and this chapter. FLOOD LINE. The flood line established pursuant to the Zoning Ordinance that designates the portion of the flood plain area of a river or stream which is subject to flood plain zoning regulations. FREEWAY. As defined in Cal. Streets and Highways Code of the state, means a highway which, because of its design and relation to the state and county highway system, is, or will be used, primarily for fast, heavy, or dense traffic, and to which rights of access from abutting properties or streets along the right-of-way therefor will be prohibited or limited. FRONTAGE. The front portion of a lot, typically located adjacent to a street. FRONTAGE STREET. A street or road adjacent to an arterial, thoroughfare, or freeway, which provides access to properties and protection from the through-traffic on adjacent streets. (G) Definitions, "G". GENERAL PLAN. The City of Tulare's statement of goals and policies adopted by the City Council as a long-range, comprehensive guide to the city's growth and development. (H) Definitions, "H". None. (I) Definitions, "I".

IMPROVEMENT PLAN. An engineering plan, submitted by a civil engineer licensed to practice in the state, showing the design, sanitary sewers, water systems, grading, and earthwork, and all other development, appurtenant structures, and facilities and construction, including engineering calculations, comprising on-site and off-site improvements required for a subdivision. IMPROVEMENT AGREEMENT. A contract executed and legally binding between the City of Tulare and another party that delineates the terms and conditions relating to public improvements and agreed upon by two or more parties. IMPROVEMENTS. Street work and utilities, grading and earthwork, to be installed, or agreed to be installed, by the subdivider and/or developer on the land to be used for public or private streets, highways, ways, and easements, as necessary for the general use of the lot owners in the subdivisions or of the site and local neighborhood traffic and drainage needs, as a condition prior to the approval and acceptance of the final map or parcel map of the subdivision. IMPROVEMENTS also refer to such other specific improvements or types of improvements, the installation of which, either by the subdivider and/or developer, by public agencies, by private utilities, or by any other entity approved by the City Council, is necessary or convenient to ensure conformity to or implementation of the General Plan. INDUSTRIAL STREET. A street primarily designed to serve industrial uses. (J) Definitions, "J". None. (K) Definitions, "K". KEY LOT. Any lot placed in a block, facing a different direction and plotted more or less at right angles to the normal pattern for that block. (L) Definitions, "L". LANDSCAPING. The planting and maintenance of living plant material, including the installation, use, and maintenance of any irrigation system for the plant material, as well as nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials). LOCAL ORDINANCE. Refers to the portion of the City of Tulare Municipal Code regulating the design and improvement of subdivisions. LOCAL STREET. A street primarily designed to serve adjacent properties. LOT. A portion of land separated from other portions by description, as on a subdivision or record of survey map for purpose of sale, lease, or separate use. In common usage, lot and parcel are used interchangeably. The term lot is used within this chapter to include parcels as defined by the Map Act and the municipal ordinance. LOT LINE. The line bounding a lot, as shown in a survey or map. (M) Definitions, "M". MEDIAN. The area separating the traveled ways of opposing directional movements of vehicular traffic along and within a roadway. MERGER. The joining of two or more contiguous lots of land under one ownership into one lot. MOBILE HOME. A structure designed for human habitation and for being transportable on a street or highway under permit pursuant to Cal. Veh. Code § 35790, and as defined in Cal. Health and Safety Code § 18008. MOBILE HOME does not include a recreational vehicle, as defined in Cal. Civil Code § 799.29, or a commercial coach, as defined in Cal. Health and Safety Code § 18001.8. MOBILE HOME PARK. An area of land where two or more mobile home sites are rented, or held out for rent, to accommodate mobile homes used for habitation. MONUMENT. A permanent marker set in the ground to mark the boundaries of a property, as referenced in Cal. Gov't Code § 66434(c). (N) Definitions, "N". None. (O) Definitions, "O". OWNER. The individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land to be subdivided to commence and maintain proceedings to subdivide the same under this chapter. (P) Definitions, "P". PARCEL. One or more lots, as identified for tax purposes. In common usage, lot and parcel are used interchangeably. The term lot is used within this chapter to include parcel as defined by the Map Act and the municipal ordinance. PARCEL MAP. A map prepared in accordance with the requirements of this chapter and the Map Act of the state, which map is designed to be recorded in the office of the County Recorder for subdivisions of fewer than five lots and as otherwise provided in the Subdivision Map Act and this chapter. PARCEL MAP COMMITTEE. The Parcel Map Committee of the City of Tulare, composed of one Planning Commission member, the Community Development Director or designee, and the City Engineer or designee.

PARKWAY. A strip between the sidewalk and the property line or between the curb and sidewalk within the street right- of-way, or between the pavement of a frontage street and the primary thoroughfare, arterial street, limited access highway, or freeway it parallels which is intended to be planted with trees or otherwise landscaped. PARTIAL-WIDTH STREET. A street substandard in the right-of-way width. PEDESTRIAN WAY. An improved right-of-way restricted to foot traffic and providing access to schools, playgrounds, shopping centers, transportation, or other community facilities. PERIPHERAL STREET. An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision. PLANNING COMMISSION. The Planning Commission of the City of Tulare. PLANNING DEPARTMENT. The Planning Department of the City of Tulare. The Community Development Director is the Director of the Planning Department and associated staff of the City of Tulare. PRIVATE STREET. A road owned and maintained by a private party. PUBLIC FACILITIES. All improvements installed to serve the public, including, but not limited to cable television, cemeteries, churches, communication equipment, corporation yards, electricity substations, fire stations, hospitals, landscaping, parks, public utility distribution, schools, sanitary sewer, storm drainage, street improvements, street lights, telephone, and water facilities. (Q) Definitions, "Q". None. (R) Definitions, "R". RECOGNIZED LOT. (a) Any lot which was a separate lot of record on December 1, 1977, as shown in the official records of the County Recorder. (b) Any lot which has been, or is, created after December 1, 1977, in accordance with state law or any applicable city ordinance. (c) Any lot which, at the time of annexation to the city, is a separate lot of record, as shown in the official records of the County Recorder. REMAINDER LOT. A portion of land which was not divided when only part of a real property was subdivided. REIMBURSEMENT AGREEMENT. A contract executed and legally binding between the City of Tulare and another party that delineates the terms and conditions relating to reimbursement agreed upon by two or more parties, as described in the Tulare Municipal Code, Ch. 8.60 (Benefit Districts) and Ch. 8.64 (Oversized Construction Reimbursement). REVERSION TO ACREAGE. The abandonment of a previously approved subdivision resulting in a merger of the subdivided lots and reestablishment of the pre-subdivision lot lines. (S) Definitions, "S". SITE DEVELOPMENT. The development of any lot or area of land. SPECIFIC PLAN. A plan for a sub-area of the City of Tulare that implements the goals and policies of the General Plan and follows the structural requirements in Cal. Gov't Code § 65451. SPECIFICATIONS. Specifications for construction materials, methods of construction, tests, design and construction standards, and related conditions of the City of Tulare as adopted by ordinance or resolution of the City Council. STREET. A thoroughfare, including a road or highway that provides the principal means of access to abutting property. For the purpose of interpreting this chapter, any throughway except an alley shall be considered a street. STREET, ARTERIAL. Any street which carries or will carry the major flow of traffic, and for which the interval and extent of fronting uses, access, and traffic entering it from side streets and roadways may be restricted and otherwise controlled. STREET, COLLECTOR. Any street intermediate in function between minor streets and arterials which, because of its location relative to other streets or traffic generators, carries or will carry traffic between minor and arterial streets, or serves as a primary access to a neighborhood unit, or for the circulation of traffic within or through such a neighborhood unit. STREET, STUBBED. A street having only one outlet for vehicular traffic and which is intended to be extended or continued in the future. SUBDIVIDER. A person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided, real property into a subdivision for him or herself or for others. SUBDIVISION. The division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements, or railroad rights-of-way. SUBDIVISION includes a condominium project as defined in Cal. Civil Code § 851, or a community apartment project as defined in Cal. Business and Professions Code § 11004, or the conversion of five or more existing dwelling units to a stock

cooperative as defined in Cal. Business and Professions Code § 11003.2. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of lots. SUBSTANDARD LOT. Any lot which does not meet the minimum dimension or area requirements for the zone as defined in the City of Tulare Zoning Ordinance. SUBDIVISION MAP ACT. The Subdivision Map Act of the State, Cal. Gov't Code §§ 66410 et seq, as amended. (T) Definitions, "T". TENANT. A person who rents, leases, or subleases, through either a written or oral agreement, residential property from another. TENTATIVE MAP. A map, prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the state, for the purpose of showing the design of a proposed subdivision, the existing conditions in and around such subdivision, and other information as may be required at the time it is filed in accordance with this chapter. It is prepared prior to preparation of either a final map or a parcel map. TURNAROUND. A circular or semicircular area at the end of cul-de-sac streets intended to allow for vehicular "U" turns. (U) Definitions, "U". UNIT. The particular area of land or airspace that is designed, intended, or used for exclusive possession or control of individual owners or occupiers, whether or not they have interests in common areas of the project. (V) Definitions, "V". VESTING TENTATIVE SUBDIVISION MAP. A tentative subdivision map that confers a vested right to proceed with development in substantial compliance with the city's ordinance, policies, and standards in effect at the time the vesting tentative subdivision map application is deemed complete. (W) Definitions, "W". WALKWAY. A way, path, or trail designed for pedestrian traffic and not intended for use as a way for motor-driven vehicles. Public walkways, paths, and trails shall include only those for which rights-of-way are dedicated or deeded to and accepted by the city. WARRANTY SECURITY. Bonds, cash deposits, instruments of credit, a lien upon the property, or other form of security submitted by the subdivider to the city to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period. (X) Definitions, "X". None. (Y) Definitions, "Y". None. (Z) Definitions, "Z". None. (Ord. 15-12, passed 12-15-2015) TENTATIVE MAPS

(A) Purpose. These following sections establish procedures for submittal, review, and action on tentative parcel and tentative subdivision maps, collectively known as "tentative maps." (B) Function. Tentative maps display the layout of a proposed land division for review prior to the approval and recordation of a parcel map or final subdivision map. (Ord. 15-12, passed 12-15-2015) § 8.24.150 When required (A) Tentative subdivision maps. (1) General. A tentative subdivision map is required for subdivisions creating five or more lots, five or more condominium dwelling units, a community apartment project containing five or more lots, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units. (2) Exceptions. Cal. Gov't Code § 66426 identifies instances when a parcel map may be prepared instead of a tentative subdivision map regardless of the number of lots created. (B) Tentative parcel maps. A tentative parcel map is required for subdivisions creating less than five lots and in cases when a parcel map is prepared instead of a tentative subdivision map as allowed by Cal. Gov't Code § 66426.

(C) Tentative parcel map waivers. (1) General. Consistent with Cal. Gov't Code § 66428, the Community Development Director may waive the requirement for a tentative parcel map for the following: (a) Subdivisions created by eminent domain procedures, partition, probate, or other civil judgments or decrees. (b) Subdivisions created by short-term leases (terminable with 30 days notice) of an operating railroad right-of-way of a railroad corporation as defined by Cal. Public Utilities Code § 230. (c) Land conveyed to or from a public agency or utility for a public purpose. (d) Construction of a condominium project on a single lot. (e) A subdivision merged under this title, the California Subdivision Map Act ("Map Act"), or any prior city ordinance. (f) Any other subdivision division of property which would otherwise require a parcel map. (2) Application for waiver. A person requesting a tentative parcel map waiver shall file an application with all the information deemed necessary by the Community Development Director. (3) Findings. The Community Development Director may grant a tentative parcel map waiver after conferring with the City Engineer and finding that: (a) The land being divided consists of a lot shown on a recorded parcel map or final subdivision map or a legally created lot and the full street improvements have been constructed and monuments are evident. (b) The proposed division of land complies with the requirements of the city and Map Act as to area, improvement and design, floodwater drainage control, public street improvements, sanitary disposal facilities, water supply availability, environmental protection, and any other requirements that may apply. (4) Conditions of approval. The Community Development Director may attach conditions to a tentative parcel map waiver to ensure the proposed division of land complies with the requirements of the California Environmental Quality Act, the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare. (5) Final parcel map required. Whenever a tentative parcel map is waived under this section, a parcel map shall be submitted to and reviewed for approved by the City Engineer as required by this chapter. (Ord. 15-12, passed 12-15-2015)

(A) Compliance with Map Act. Tentative maps shall be filed and processed in accordance with the Map Act. (B) Consistency. Land may be subdivided and developed only for purposes that are consistent with the Tulare General Plan, Zoning Ordinance, and any applicable specific plans. (Ord. 15-12, passed 12-15-2015)

(A) Tentative subdivision maps. The Planning Commission shall take action on all tentative subdivision map applications. (B) Tentative parcel maps. The Parcel Map Committee shall take action on all tentative parcel map applications. (Ord. 15-12, passed 12-15-2015)

(A) Preparation. A tentative map shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the State of California. (B) Application contents. A tentative map application shall be filed with all fees, deposits, information, and materials as required by the city and the Map Act. (C) Tentative subdivision map contents. A tentative map shall contain the information listed below, as well as any other information required by the city and the Map Act: (1) The title of the subdivision and the legal description of the property. (2) The name and address of the owner of the property being subdivided. (3) The name and address of the surveyor or engineer preparing the map. (4) The approximate acreage. (5) The north point.

(6) The scale to which details are drawn; ideally, the scale shall be 1 inch to 50 feet or less, and in no case more than 1 inch to 200 feet. (7) The date on which the map was prepared. (8) Boundary lines and location of adjacent lot lines. (9) The location and name of streets. (10) Width of streets and alleys. (11) The name, location, and width of adjacent streets. (12) Location of existing trees, indicating trunks four inches or larger in diameter. (13) Dimensions of reservations. (14) Existing structures and adjacent structures, including surrounding land use and zoning. (15) Watercourses. (16) Land subject to overflow or inundation. (17) Railroads. (18) Lot lines, approximate dimensions, and lot numbers. (19) Approximate radius of curves. (20) Lands and parks to be dedicated for public use. (21) Proposed land uses. (22) Name and tract number of adjoining subdivisions. (23) The name of any geologist or soils engineer who assisted with the preparation of the tentative map. (D) Water supply assessment. For any residential subdivision(s) seeking entitlements through the City of Tulare, the subdivider shall submit an application and any applicable deposit, for a water supply assessment through the City Engineer requesting written verification from the City of Tulare Water Division of available water supply to serve the subdivision. (E) Filing. Tentative map applications shall be filed with the Community Development Director. (Ord. 15-12, passed 12-15-2015)

(A) Review for completeness. (1) Initial review. The Community Development Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. (2) Basis for determination. Community Development Director acceptance shall be based on full compliance with the provisions of the Map Act and this chapter. (3) Notification of applicant. Within 30 calendar days of application acceptance, the Community Development Director shall inform the applicant in writing that the application is complete and has been accepted for processing or that the application is incomplete and additional information is required. (4) Submittal of additional information. (a) For an application deemed incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness for resubmitted materials shall occur. (b) The additional required information shall be submitted in writing. (B) Referral of application. Within ten days of accepting a complete application, the Community Development Director shall forward an application for a tentative map to the City Engineer, the Board of Public Utilities, the Fire Chief and such other city departments or other public agencies as may be affected or concerned with the results of the proposed subdivision. (C) Staff report. A staff report for a proposed tentative map shall be prepared in the following manner. (1) City Engineer evaluation. The City Engineer shall provide the Community Development Director with a written report to the Planning Commission, as to whether the application conforms to the provisions of this title and the Map Act. (2) Community Development Director recommendation. The Community Development Director shall make a recommendation as to whether the application should be approved, conditionally approved, or denied.

(3) Report. The Community Development Director shall provide a written report to the Planning Commission, incorporating the City Engineer's report, affected department(s) considerations and comments, and the Community Development Director's recommendation. (4) Distribution. The staff report shall be furnished to the applicant at the same time it is provided to the Planning Commission, but always at least three days prior to a hearing or action on the map. (Ord. 15-12, passed 12-15-2015)

(A) CEQA review. After acceptance of a complete application, the Community Development Director shall review the project for compliance with the California Environmental Quality Act (CEQA) to determine whether: (1) The proposed project is not a project as defined by CEQA; (2) The proposed project is exempt consistent with CEQA; (3) A Negative Declaration may be issued; (4) A Mitigated Negative Declaration may be issued; or (5) An Environmental Impact Report (EIR) is required. (B) Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and any adopted City CEQA Guidelines. (C) Costs. The applicant shall be responsible for payment of all costs associated with CEQA compliance. (Ord. 15-12, passed 12-15-2015)

(A) General. (1) A noticed public hearing is required for the approval of a tentative map. (2) The hearing body shall be the Planning Commission for a tentative subdivision map and the Parcel Map Committee for a tentative parcel map. (B) Scheduling of the hearing. A public hearing for a tentative map shall be scheduled after the preliminary finding of exemption from CEQA or certification of an EIR or Negative Declaration. (C) Noticing. Notice of the public hearing shall be given in compliance with § 8.24.080 (Public Notice). (Ord. 15-12, passed 12-15-2015)

The Planning Commission or Parcel Map Committee may approve an application for a tentative map only if all of the following findings can be made: (A) Consistency with plans. The proposed subdivision and its design and improvements are consistent with the General Plan and any applicable specific plans. (B) Consistency with Zoning Ordinance. The proposed subdivision is consistent with the Zoning Ordinance and other applicable city ordinances, or a variance has been granted. (C) Suitability. The site is physically suitable for the proposed type and density of development. (D) Environmental impacts. The proposed subdivision and its design and improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (E) Wastewater. The discharge of waste from the proposed subdivision into a community sewer system will not result in violation of existing requirements prescribed by a California Regional Water Quality Control Board Cal. Water Code Division 7, commencing with § 8000. (F) Water service. The review of the City Engineer indicates that there is sufficient water to provide for the residents of the subdivision. For residential subdivisions of more than 500 dwelling units, the subdivision shall be served by adequate water supply as required by Cal. Gov't Code § 66473.7. (G) Soils and geology. There are no adverse soil or geological conditions, according to a preliminary soils report or geological hazard report, or the applicant has demonstrated to the city's satisfaction that any adverse conditions can be corrected. (H) Public health. The proposed subdivision and its design and improvements will not cause serious public health

problems. (I) Easements. The design of the subdivision and the type of improvements will not conflict with public easements for access through or the proposed subdivision. However, the Planning Commission or Parcel Map Committee may grant an exception to this requirement if equivalent alternative public access is provided. (J) Environmental documentation. The environmental review documentation is adequate and conforms to the requirements of CEQA. (Ord. 15-12, passed 12-15-2015)

The Planning Commission or Parcel Map Committee may attach conditions to the approval of a tentative map as needed to ensure: (A) Compliance with the Zoning Ordinance (Title 10), other city ordinances, the General Plan, any applicable specific plans, and the Map Act. (B) Adequate provision of public services and utilities. (C) Accessibility and connection to existing roads. (Ord. 15-12, passed 12-15-2015)

(A) The Community Development Director shall report the action of the Planning Commission or Parcel Map Committee in writing to the applicant within five days after action by the body. (B) If the tentative map was conditionally approved, all such conditions shall be identified in writing and returned to the applicant. (C) If the tentative map is denied, the Community Development Director shall identify the reasons in writing to the applicant. (Ord. 15-12, passed 12-15-2015)

(A) Timing of expiration. A tentative map approval expires after 24 months except where an extension of time is approved as allowed by § 8.24.260 (Extensions). (B) Effect of expiration. The expiration of a tentative map terminates all subdivision proceedings; no parcel map or final subdivision map may be filed without first processing a new tentative map. (Ord. 15-12, passed 12-15-2015)

(A) Automatic extensions. (1) Phased final maps. Each time a phased final map is filed before a tentative map expires, the life of the tentative map is extended for 36 months from the later of (1) the date of the tentative map's expiration; or (2) the date of the previously filed final map. To qualify for this extension, the following two conditions must be met: (a) The subdivider is authorized to file final maps (Map Act, Cal. Gov't Code § 66456.1); and (b) The subdivider expends a specified minimum amount on public improvements outside the tentative subdivision map boundary (Map Act, Cal. Gov't Code § 66452.6(a)(1)). (2) Statutory extensions. The life of a tentative map may be subject to an additional automatic extensions pursuant to Map Act, Cal . Gov't Code §§ 66452.11, 66452.21, 66452.22, 66452.23, and 66452.24. (3) Development moratoria. The life of a tentative map does not include periods of time during which a development moratorium is in effect after the approval of the tentative map, up to a maximum of five years. Development moratoria include a water and/or sewer moratorium, as well as any action by the city that regulate land use and development. (4) Community Development Director approval. Automatic extensions allowed by this section shall be approved by the Community Development Director. (B) Development agreements. The life of a tentative map subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. (C) Discretionary extensions.

(1) Maximum extension. A subdivider may request city approval of an extension to the life of a tentative map up to a maximum of time as authorized in the Map Act, Cal. Gov't Code § 66452.6. (2) Review authority. The review authority for requested extension shall be the same as for the original approval (i.e., Parcel Map Committee for parcel map extension and Planning Commission for tentative subdivision map extension). (3) Application filing. (a) The subdivider shall file an application for extension at least 30 days before the expiration date and shall state the reasons for requesting the extension. (b) Once the application for a tentative map is timely filed, the map is automatically extended for 60 days or until the city acts on the extension, whichever occurs first. (c) The city may approve an application to extend a tentative map after the automatic 60-day extension period has expired, so long as the application itself was filed at least 30 days before the original expiration date. (4) Application review. (a) The Community Development Director shall review each request for extension before it is accepted as complete and officially filed. (b) The Community Development Director shall provide a written report to the Planning Commission or Parcel Map Committee as to whether the request should be approved, conditionally approved, or denied. (5) Public notice and hearing. The Planning Commission or Parcel Map Committee shall hold a noticed public hearing to consider the requested extension in compliance with § 8.24.080 (Public Notice). (6) Findings. The Planning Commission or Parcel Map Committee may approve an extension only if all of the following findings can be made: (a) The portions of the General Plan, specific plans, the Zoning Ordinance, and other ordinances of the City of Tulare applicable to the subdivision have not changed. (b) The character of the site and its surroundings that affect the applicability of the General Plan, specific plans, the Zoning Ordinance, and other ordinances of the City of Tulare has not changed. (c) The capacity of public services, utilities, and roads serving the project has not decreased. (7) Conditions of approval. As a condition of the extension of a tentative subdivision map, the Planning Commission or Parcel Map Committee may impose new conditions, or revise existing conditions, on the approved tentative subdivision map. (D Litigation. A subdivider may request an extension to the life of a tentative subdivision map during the time a lawsuit against the city is pending. If approved, the city may extend the life of the map consistent with the Map Act. The process to request and act on such an extension is as specified in division (C) (Discretionary extensions) above. (Ord. 15-12, passed 12-15-2015)

(A) Minor revisions. A subdivider may request minor changes or amendments to an approved tentative parcel map or tentative subdivision map or its conditions of approval before a parcel or final subdivision map is filed with the County Recorder. (B) Minor revisions defined. MINOR REVISIONS means changes to an approved parcel map or tentative subdivisions map that: (1) Does not add any lots, units, or building sites; (2) Is consistent with the intent and spirit of the original map approval; and (3) Does not conflict with any policies, ordinances, or resolutions of the city. (C) Other revisions. All proposed changes or amendments other than minor revisions as defined in this section require the filing and processing of a new tentative parcel map or tentative subdivision map in compliance with this chapter. (D) Application. The subdivider shall file an application and filing fee, in compliance with the Planning Fee Schedule, with the Community Development Director, using the forms furnished by the Community Development Director, together with the following additional information: (1) A statement identifying the tentative parcel map or tentative subdivision map number, the changes requested, the reasons why the changes are requested, and any facts that justify the changes. (2) Any additional information deemed necessary by the Community Development Director. (E) Processing of application. Proposed changes shall be processed using the same procedures as the original parcel

map or tentative subdivision map, except as otherwise provided by this section. (F) Review authority. The review authority for requested changes shall be the same as for the original approval (i.e., Parcel Map Committee for parcel map amendments and Planning Commission for tentative subdivision map amendments). (G) Criteria for approval. The review authority may approve requested changes if: (1) The findings made to approve the original parcel map or tentative subdivision map remain valid. (2) The amendments comply with the definition of a minor revisions in division (B) above. (H) Effect of changes on time limits. Approved changes to a parcel map or tentative subdivision 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 § 8.24.260 (Extensions), nor extend any rights in compliance with a vesting tentative map. (I) Certification of amendments. Minor changes or amendments shall be indicated on the approved map and certified by the Community Development Director and City Engineer. (Ord. 15-12, passed 12-15-2015)

The action of the Planning Commission or Parcel Map Committee on a tentative map may be appealed in compliance with § 8.24.080 of this chapter. (Ord. 15-12, passed 12-15-2015)

(A) Function. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the city's ordinance, policies, and standards in effect at the time the vesting tentative map application is deemed complete. (B) When allowed. Whenever this chapter or the Map Act requires that a tentative map be filed, a vesting tentative map may instead be filed. (C) Procedures; general. The process for application and city review and action on a vesting tentative map is the same as for a tentative map except as otherwise provided in this chapter or in the Map Act. (D) Preliminary conference. (1) During the preliminary conference for the vesting tentative map, city staff shall identify any additional informational items which shall be filed with the vesting tentative map to enable the city to adequately examine the vested rights being requested. (2) Following the preliminary conference city staff shall submit to the applicant a written letter identifying additional requested information. (E) Identification. At the time a vesting tentative subdivision map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Subdivision Map" or "Vesting Tentative Parcel Map." (F) Noted inconsistencies. If the vesting tentative map is for a subdivision whose intended development is inconsistent with the Zoning Ordinance, this inconsistency shall be noted on the vesting tentative subdivision map. (G) Duration. The rights conferred by a vesting tentative map last for a period of two years after the recording of the final subdivision map. This period may be extended by the city as allowed by Map Act, Cal. Gov't Code § 66498.5(c). (H) Amendments. If the city changes any ordinances, policies, or standards following the approval of a vesting tentative map, the subdivider may at any time prior to the map's expiration apply for an amendment to the map to secure a vested right to proceed with the amended ordinances, policies, or standards. (I) Expiration of rights. The rights conferred by an approved vesting tentative map shall expire if a final subdivision map or parcel map is not recorded prior to the expiration of the vesting tentative map. (Ord. 15-12, passed 12-15-2015) FINAL SUBDIVISION MAPS AND PARCEL MAPS

Final subdivision maps and parcel maps are the legal means by which property is subdivided and are required to establish a legal building site. Final subdivision maps are submitted to the city after approval of a tentative subdivision map. Parcel maps are submitted to the city after approval of a tentative parcel map. (Ord. 15-12, passed 12-15-2015)

(A) Compliance with Map Act. Final subdivision maps and parcel maps shall be filed and processed in accordance with the Map Act and this chapter. (B) Consistency. Land shall be subdivided and developed only for purposes that are consistent with the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare. (C) Tentative map requirement. (1) The approval of a tentative subdivision map is required prior to the submission of a final subdivision map. (2) The approval of a tentative parcel map is required prior to the submission of a parcel map, except when the tentative parcel map requirement is waived pursuant to § 8.24.150. (Ord. 15-12, passed 12-15-2015)

(A) General. (1) Final subdivision maps and parcel maps shall be based on a survey and shall conform to Map Act, Cal. Gov't Code § 66434 and any additional requirements of the City Engineer. (2) Final subdivision maps and parcel maps shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the State of California. The California registration number of a registered civil engineer shall be 33965 or lower, pre-January 1982. (3) The City Engineer may waive a requirement of this section regarding map contents and accompanying information if the City Engineer finds that the requirement is not applicable to the subdivision. (B) Map form. The form of final subdivision maps and parcel maps shall comply with the following requirements: (1) The map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black of tracing cloth or polyester base film. (2) If ink is used on polyester base film, the ink surface shall be treated with a suitable substance to assure permanent legibility. (3) The size of each sheet shall be 18 inches by 26 inches. (4) All dimensions shall be in feet and decimals of a foot. (5) Marginal lines shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. (6) The exterior boundary of the land included within the subdivision shall be clearly indicated by distinctive symbols. (7) The scale of the map shall be large enough to show all details clearly. (8) Each sheet shall be numbered, the relation of one sheet to another clearly shown, and the total number of sheets shall be shown on each sheet. (9) The tract number or name, scale and north arrow shall be shown on each sheet. (C) Title sheet. The final subdivision map and parcel map shall include a title sheet with the following: (1) The tract number or tract name of the subdivision. (2) A general description of all property being subdivided by reference to subdivision or to sectional surveys. References to subdivisions shall be worded identically with original records, with references to the books and pages if the subdivisions are recorded. (3) Affidavits, certificates, acknowledgments, endorsement, acceptance of dedication and notarial seals required by this chapter or the Map Act. (4) The basis of bearings. (5) A key map showing the proposed subdivision and surrounding subdivisions and streets located within one-quarter mile radius of the boundaries of the proposed subdivision. (D) Map specifics. Final subdivision maps and parcel maps shall contain the following information: (1) All survey and mathematical information and data necessary to locate or retrace all monuments; interior and exterior boundary lines; bearings and distances of straight lines; radii, arc lengths, chord bearings and lengths for all curves; the centers of curves; and ties to existing monuments. (2) The locations and names of streets.

(3) The locations and widths of pedestrian ways and bicycle paths. (4) The location, size, and dimensions of public areas. (5) The widths and side lines of all easements. If the easement is not definitely located and of record, a statement as to the easement shall appear on the title sheet. Easements shall be clearly labeled and identified and if already of record, precise reference to the records given. Easements being dedicated shall be identified in the certificate of dedication. (6) Locations and widths of drainage channels. (7) Location of selected flood lines and proposed flood control works. (8) Locations and widths of railroad rights-of-way. (9) Waivers of rights of access to and from streets and lots and other parcels of land. (10) Locations and widths of lots to be conveyed to the city. (11) Locations, widths and names of streets, alleys and pedestrian ways adjacent to the subdivision. (12) The net dimensions of each lot. No ditto marks may be used. Sufficient data shall be shown to determine readily the bearing and length of each lot line. On lots containing one acre or more, the final map shall show net acreage to the nearest one-tenth of an acre. (13) All lots numbered consecutively, commencing with the number "1" with no omissions or duplications, except for those lots to be conveyed for public use, which shall be lettered consecutively, commencing with the letter "A". (14) Suitable primary survey control points including section corners and monuments existing outside of the proposed subdivision. (15) The location of all permanent monuments within the proposed subdivision. (16) Ties to and names of adjacent subdivisions. (17) If a soil report has been required, this fact shall be noted on the map, together with the date of the report and the name of the engineer making the report. (18) All dimensions shall be in feet and decimals of a foot. (19) If the map includes a designated remainder and the gross area is five acres or more, that remainder need not be shown on the map but only by deed reference. (E) Certificates. Map title pages shall contain the following certificates as required by Map Act, Cal. Gov't Code §§ 66435

• 66443. Forms for certificates shall be provided by the City Engineer. The certificates may be combined when approved by the City Engineer. (1) A certificate, signed and acknowledged by all parties having any record title or interest in the real property

subdivided, consenting to the preparation and recordation of the map. (2) A certificate, signed and acknowledged by all parties having any record title or interest in the land subdivided, offering for dedication rights of access to and from prescribed streets, lots, and parcels of land. (3) A certificate of the registered civil engineer or licensed land surveyor who prepared the survey and the map. (4) A certificate for execution by the Community Development Director. (5) A certificate for execution by the City Engineer and City Surveyor, if applicable. (6) A certificate for execution by the County Recorder. (7) Certificate of acceptance of dedication. (8) Certificate for the construction of off-site and on-site improvements. (Ord. 15-12, passed 12-15-2015)

(A) Timing. Final subdivision maps and parcel maps shall be filed with the City Engineer before the tentative map expires. The expiration of the tentative map terminates all proceedings, and no final map can be filed without first processing a new tentative map. (B) Submittal materials. One original tracing and two copies of a final subdivision map or parcel map shall be submitted to the City Engineer together with the following materials: (1) All filing fees as required by the city's adopted fee schedule. (2) Title report with Guarantee of Title.

(3) Guarantee of title. (4) Improvement agreement consistent with § 8.24.510 (Improvement agreements) if required public improvements are not completed prior to approval of a final map or deferred. (5) A soil report prepared by a registered civil engineer describing soil characteristics, soil suitability and shrink-swell characteristics for roads and buildings, depth of bedrock and other soil limitations. (6) A hydrology report prepared by a registered civil engineer describing site drainage characteristics, surface runoff, and conditions of water table, if required. (7) Deeds for existing easements or rights-of-way. (8) Declarations of covenants, conditions, and restrictions and any other governing documents. (9) Evidence satisfactory to the City Engineer that public utility companies can adequately serve the area. (10) Traverse sheets showing closures of exterior boundaries of the subdivision, all interior streets, and lots. (C) City Engineer review. (1) The City Engineer, in consultation with the Community Development Director, shall review the map for conformance with the approved tentative subdivision map, conditions of approval, and all applicable requirements of this chapter and the Map Act. (2) The subdivider shall make corrections and additions until the map is acceptable to the City Engineer. (D) Final subdivision map approval. (1) The City Council shall conduct a noticed public hearing to consider approval of a final subdivision map within 45 days of its certification by the City Engineer. (2) The City Council shall approve the final subdivision map if it complies with all requirements of this chapter and the Map Act. At the time of approval, the City Council shall also accept or reject any offers of dedication. (3) City Council disapproval of a final map shall be accompanied by a finding that identifies the conditions that have not been met. (E) Final parcel map approval. (1) Final parcel maps that do not include dedications or improvement agreements may be approved by the City Engineer. (2) The City Engineer may also accept or reject dedications and offers of dedications that are made by a statement on the map. (F) Condominium, stock cooperatives, and community apartment conversions. Before the City Council may approve a final map for a condominium, stock cooperatives, and community apartment conversion, the City Council shall make a finding that each tenant has received all notices and rights as specified in Cal. Gov't Code § 66427.1. (G) Recordation. After the city approves a final subdivision map or parcel map, the City Engineer shall transmit the map to the County Recorder. The final subdivision map or parcel map becomes valid and goes into effect after it is filed by the County Recorder. (Ord. 15-12, passed 12-15-2015)

(A) When permitted. Multiple final subdivision maps relating to an approved tentative subdivision map may be filed if: (1) The subdivider states in the tentative map application the subdivided intention to file multiple final maps; or (2) After filing of the tentative map, the Planning Commission and the subdivider agree to the filing of multiple final maps subject to revised conditions of approval. (B) Separate subdivision numbers. Each final subdivision map which constitutes a part of the approved tentative subdivision map shall have a separate subdivision number. (C) Improvement agreements. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to ensure a logical and orderly development of the whole subdivision. (Ord. 15-12, passed 12-15-2015)

(A) Survey required. (1) Final subdivision maps and parcel maps shall be based upon a complete and accurate survey of the land to be

subdivided prepared by a California- registered civil engineer or land surveyor. (2) All found monuments, property lines, centerlines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey. (B) Monuments required. (1) At the time of making the survey for a final subdivision map or parcel map, the engineer or surveyor shall set sufficient, durable monuments which conform with Cal. Business and Professions Code § 8771 so that another engineer or surveyor may readily retrace the survey. (2) Prior to recording final subdivision maps and parcel maps, at least one exterior boundary line shall be identified by a monument. (3) Additional monuments shall be set as required by the City Engineer. (4) Interior monuments need not be set at the time the map is recorded, if both the following are true: (a) The engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date. (b) The applicant furnishes to the City Engineer security guaranteeing the payment of the cost of setting such monuments. (Ord. 15-12, passed 12-15-2015)

If agreed upon by the City Engineer, a recorded final subdivision map or parcel map may be amended to correct errors and omissions in the map or to reflect changed circumstances subsequent to map approval. Amendments may be requested using an amendment map or a certificate of corrections and shall be approved by either the City Engineer or the Planning Commission depending on the nature of the amendments. Amendments shall be reviewed and approved in a manner consistent with this section and Cal. Gov't Code § 66469 or 66472.1. (A) General. The following applies to requested amendments reviewed by both the City Engineer and the City Council. (1) Amending maps shall conform to the requirements of § 8.24.320 (Form and contents of final subdivision map and parcel map). (2) Amending maps and certificates of correction shall identify the corrections made, the names of the property owner affected by the correction or amendment, and the date of the filing or recording of the original map. (3) Amending maps and certificates of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. (4) Requested amendments may not impose any additional burden on the property owners and may not alter any right, title, or interest in the property reflected on the recorded map. (B) Amendments allowed with City Engineer approval. The City Engineer may approve map amendments to correct for errors and omissions as specified in Cal. Gov't Code § 66469. (1) Within 20 working days of receiving an amending map or certificate, the City Engineer shall review the submittal for compliance with the requirements of this section. (2) If the certificate complies, the City Engineer shall endorse a statement on it of examination and certification, and present it to the County Recorder for recordation. (3) If an amending map or certificate fails to comply with the requirements of this section, the City Engineer shall notify the applicant in writing of the changes needed for compliance, (4) Within ten working days of receiving a revised amending map or certificate, the City Engineer shall review the revised submittal for compliance. (5) Once the amending map or certificate is in compliance, the City Engineer shall present it to the County Recorder for recordation. (C) Amendments requiring City Council approval. Map amendments to reflect changed circumstances that make map conditions no longer necessary or appropriate may be approved by the City Council in a manner consistent with this section and Cal. Gov't Code § 66472.1. (1) Within 30 days of receiving an amending map or certificate, the City Engineer shall examine the certificate of correction for compliance with the requirements of this section. (2) After the application is deemed complete and a CEQA determination has been made, the requested amendments shall be scheduled for review by the City Council at a noticed public hearing. (3) The City Council may approve the requested amendment if all of the following findings can be made:

(a) There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary. (b) The modifications do not impose any additional burden on the property owners. (c) The modifications do not alter any right, title, or interest in the property (d) The map as modified conforms to Cal. Gov't Code § 66474. (4) The City Council shall confine the hearing to consideration of, and action on, the proposed modification. (D) Recording. (1) The certified amending map or certificate of correction shall be filed or recorded in the office of the County Recorder. (2) After accepted and indexed by the County Recorder, the original map shall be deemed to have been conclusively corrected. (E) Amendment of an approved subdivision. (1) If an applicant wishes to amend a recorded final subdivision map or parcel map in a manner that affects a property right, the applicant must file a new tentative map or new parcel map if no tentative map is required, in compliance with this title. (2) New maps are also required for amendments to 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. (Ord. 15-12, passed 12-15-2015) OTHER SUBDIVISION PROCEDURES

The purpose of this subchapter on other subdivision procedures is to provide a process for lot line adjustments, lot mergers, map corrections and amendments, and reversions to acreage. (Ord. 15-12, passed 12-15-2015)

(A) Purpose. This section provides a process for the legal adjustment of property lines that do not create new lots, pursuant to Cal. Gov't Code § 66412(d). (B) When allowed. Lot line adjustments processed under this section are allowed only when: (1) The lot line adjustment involves a maximum of four lots; (2) The land taken from one lot is added to an adjoining lot; and (3) A greater number of lots than originally existed is not created. (C) Review authority. (1) General. The Parcel Map Committee shall take action on all lot line adjustment applications not requiring a variance. (2) Variance required. The Planning Commission shall take action on all lot line adjustment applications requiring a variance. (D) Application submittal. (1) Initiation. An applicant may initiate a lot line adjustment by submitting an application to the Community Development Director. (2) Required form. An application for a lot line adjustment shall be on a form approved by the Community Development Director. (3) Application contents. The application shall include at a minimum: (a) A legal description of the existing lots. (b) A preliminary title report for the existing lots. (c) A legal description of the resulting adjusted lots. (d) A map of the existing lots, the proposed adjustment, and all structures located on the lots. (4) Preparer of map. The map of the proposed adjustment shall be prepared by or under the direction of a land

surveyor or civil engineer licensed to practice in the State of California. The California registration number of a registered civil engineer shall be 33965 or lower, pre-January 1982. (5) Survey. The Community Development Director or City Engineer may require a survey of the properties involved if the city finds the survey necessary to provide an adequate description of the subject properties. (6) Fees. The application shall be subject to the fees as set forth in the City of Tulare's Planning Fee Schedule. (E) Application review. (1) Initial review. The Community Development Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. (2) Basis for determination. The Community Development Director acceptance shall be based on full compliance with the provisions of the Map Act and this chapter. (3) Notification of applicant. Within 30 calendar days of application acceptance, the Community Development Director shall inform the applicant in writing that the application is complete and has been accepted for processing or that the application is incomplete and additional information is required. (4) Review of complete application. The Community Development Director, in consultation with the City Engineer, shall review the complete application to verify compliance with the requirements of this chapter, the Map Act, the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare. (F) Meetings and hearing to act on application. (1) Scheduling. Meetings to take action on a proposed lot line adjustment shall be scheduled after the preliminary finding of exemption from CEQA or certification of an EIR or Negative Declaration. (2) General. For lot line adjustments not requiring a variance, the Parcel Map Committee shall meet to review and take action on the application. No public notice is required. (3) Variance required. For a lot line adjustment requiring a variance, the application shall be considered by the Planning Commission at a noticed public hearing in compliance with Tulare Municipal Code, Chapter 10.16 (Public Hearings) of the Zoning Code. (G) Criteria for decision. The review authority shall approve a lot line adjustment application if all of the following findings can be made: (1) The proposed lot line adjustment complies with all requirements of this chapter and the Map Act. (2) The resulting lots are consistent with the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare. (H) Conditions of approval. The review authority may attach conditions to the approval of a lot line adjustment only for the following reasons: (1) To ensure compliance the requirements of the California Environmental Quality Act (CEQA), the General Plan, any applicable specific plans, the Zoning Ordinance, and other ordinances of the City of Tulare. (2) To require the prepayment of real property taxes prior to the approval of the lot line adjustment. (3) To facilitate the relocation of existing utilities, infrastructure, or easements. (I) Appeals. The determination of the review authority may be appealed in compliance with § 8.24.080 of this chapter. (J) Recordation. The lot line adjustment shall be reflected in a deed, which shall be filed by the Applicant with the County Recorder. (1) Expiration. A lot line adjustment approval shall be valid for one year from the date of approval. If the adjustment lots are not recorded within that one-year period, the approval shall expire. (Ord. 15-12, passed 12-15-2015)

(A) Purpose. This section provides a process for the voluntary merger of contiguous lots under common ownership in compliance with Cal. Gov't Code §§ 66451.10 through 66.451.33. Voluntary mergers may also occur by filing a parcel map or final subdivision map, which has the effect of creating a new subdivision. (B) When allowed. Lot mergers processed under this section are allowed only when one or more of the following apply: (1) The lots are contiguous and held by the same owner. (2) One of the lots does not conform to the minimum lot size standard specified in the Zoning Ordinance. (3) One of the lots does not contain a structure for which a building permit is required, or contains only an accessory structure.

(4) At least one of the lots meet one or more of the requirements specified in Cal. Gov't Code § 66451.11(b). (C) Review authority. The Parcel Map Committee shall take action on all voluntary parcel map merger applications. (D) Application submittal. (1) Initiation. An applicant may initiate a voluntary lot merger by submitting an application to the Community Development Director. (2) Required form. An application for a lot merger shall be on a form approved by the Community Development Director. (3) Application contents. The application shall include at a minimum: (a) A legal description of the existing lots. (b) A preliminary title report for the existing lots. (c) A legal description of the resulting merged lots. (d) A map of the existing lots, the proposed merged lots, and all structures located on the lots. (4) Preparer of map. The map of the proposed merger shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the State of California. The California registration number of a registered civil engineer shall be 33965 or lower, pre-January 1982. (5) Survey. The Community Development Director or City Engineer may require a survey of the properties involved if the city finds the survey necessary to provide an adequate description of the subject properties. (6) Fees. The application shall be subject to the fees as set forth in the City of Tulare's Planning Fee Schedule. (E) Application review. (1) Initial review. The Community Development Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. (2) Basis for determination. The Community Development Director acceptance shall be based on full compliance with the provisions of the Map Act and this chapter. (3) Notification of applicant. Within 30 calendar days of application acceptance, the Community Development Director shall inform the applicant in writing that the application is complete and has been accepted for processing or that the application is incomplete and additional information is required. (4) Review of complete application. The Community Development Director, in consultation with the City Engineer, shall review the complete application to verify compliance with the requirements of this title, the Map Act, the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare. (F) Public notice and hearing. (1) No public hearing is required for a voluntary lot merger unless requested by the applicant. (2) If a hearing is requested, notice of the public hearing shall be given in compliance with § 8.24.070 (Public Notice). (G) Criteria for decision. The Parcel Map Committee shall approve a lot merger application if all of the following findings can be made: (1) The proposed lot merger complies with all requirements of this chapter and the Map Act. (2) The resulting lots are consistent with the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare. (H) Conditions of approval. The Parcel Map Committee may attach conditions to the approval of a lot line to ensure compliance the requirements of the California Environmental Quality Act (CEQA), the General Plan, any applicable specific plans, the Zoning Ordinance, and other ordinances of the City of Tulare. (I) Post-approval procedures. (1) Appeals. The determination of the Parcel Map Committee may be appealed by the applicant in compliance with § 8.24.080 of this chapter. (2) Recordation. After approval of a lot merger, the applicant shall file a notice of merger with the County Recorder describing the property and specifying the names of the record owners. (3) Effective date. Mergers become effective once the notice of merger is filed for record with the County Recorder. (J) Un-mergers. Any lot merged prior to January 1, 1984 for which there is no recorded notice of merger is deemed unmerged if: (1) The lot is in compliance with the provisions of Cal. Gov't Code § 66451.30(a). (2) The lot meets none of the conditions listed under Cal. Gov't Code 66451.30(b).

(Ord. 15-12, passed 12-15-2015)

The city may require the merger of contiguous lots under single ownership if one of the lots does not conform to the minimum lot size to allow use or development in compliance with the Zoning Ordinance and if all of the requirements specified in Cal. Gov't Code § 66451.11(b) are met. In such a case, the procedures and requirements for a mandatory lot merger shall be as specified in Cal. Gov't Code §§ 66451.10 through 66451.33 (Ord. 15-12, passed 12-15-2015)

(A) Purpose. This section provides a process for eliminating the subdivision of previously subdivided lots and returning them to their original configuration. (B) Initiation. Applications may be initiated in one of two ways: (1) Petition by owners of record. Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property. (2) Petition by City Council resolution. The City Council, at the request of any person or on its own motion, may by resolution initiate proceedings to revert property to acreage. The City Council shall direct the Community Development Director to obtain the necessary information to initiate and conduct proceedings. (C) Review authority. The Parcel Map Committee shall take action on all reversions to acreage. (D) Application submittal. (1) Required form. An application for a reversion to acreage shall be on a form approved by the Community Development Director. (2) Application contents. The application shall include at a minimum: (a) Evidence of title to the real property within the subdivision. (b) A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion. (c) Other information and materials as necessary to enable the Parcel Map Committee to make all of the determinations and findings as required by this section. (3) Preparer of map. The final map for the reversion to acreage shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the State of California. The California registration number of a registered civil engineer shall be 33965 or lower, pre-January 1982. (4) Fees. The application shall be subject to the fees as set forth in the City of Tulare's Planning Fee Schedule. (5) Contents. The application for reversion to acreage shall include, at a minimum: (a) Contents meeting the submittal requirements for a tentative map, as determined necessary by the Community Development Director. (b) Evidence of title to the real property. (c) A final map in the form prescribed by this title which delineates dedications that will not be vacated and dedications required as a condition to reversion. (d) Evidence of one of the following: 1. The consent of all of the owners of interest in the property. 2. None of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later. 3. No lots shown on the final subdivision map or parcel map have been sold within five years from the date such final or parcel map was filed for record. (6) Fees. The application shall be subject to a fee as set forth in the City of Tulare's Planning Fee Schedule. (E) Application review. (1) Initial review. The Community Development Director shall review a reversion to acreage application for completeness and accuracy before it is accepted as being complete and officially filed. (2) Basis for determination. The Community Development Director acceptance shall be based on full compliance with

the provisions of the Map Act and this chapter. (3) Notification of applicant. Within 30 calendar days of application acceptance, the Community Development Director shall inform the applicant in writing that the application is complete and has been accepted for processing or that the application is incomplete and additional information is required. (4) Review of complete application. The Community Development Director, in consultation with the City Engineer, shall review the complete application to verify compliance with the requirements of this chapter, the Map Act, the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare. (F) Public notice and hearing. (1) A noticed public hearing before the Parcel Map Committee is required for the approval of a reversion to acreage. (2) Notice of the public hearing shall be given in compliance with § 8.24.080 (Public Notice). (3) The public hearing shall be scheduled after the preliminary finding of exemption from CEQA or certification of an EIR or Negative Declaration. (G) Findings. Subdivided property may be reverted to acreage only if the Parcel Map Committee finds that: (1) Dedications, or offers of dedication, to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes. (2) All of the following are true: (a) All owners of an interest in the real property within the subdivision have consented to reversion. (b) None of the improvements required to be made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, have been completed. (c) No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record. (H) Conditions of approval. The Parcel Map Committee shall require the following as conditions of the reversion: (1) Dedications or offers of dedication necessary for the purposes specified by city ordinance following reversion. (2) Retention of all previously paid fees, deposits, or securities if necessary to accomplish the purposes of this chapter. (I) Post-decision procedures. (1) Appeals. The determination of the Parcel Map Committee may be appealed in compliance with § 8.24.080 of this chapter. (2) Return of fees. Except as provided in elsewhere in this title, upon filing of the final map for reversion to acreage with the County Recorder, all unencumbered or unutilized fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Engineer. (J) Effective date. A reversions to acreage becomes effective upon the final map being filed for record by the County Recorder. (K) Alternatives procedures. (1) For subdivisions of four or fewer contiguous lots with a single owner, a parcel map may be used to revert to acreage in compliance with Cal. Gov't Code § 66499.20.1. (2) Subdivided lands may be merged and resubdivided without reverting to acreage by filing a new map over the old map in compliance with Cal. Gov't Code § 66499.20.1. (Ord. 15-12, passed 12-15-2015) DESIGN STANDARDS

(A) Applicability. The design of all subdivisions shall conform to the standards in this chapter, as well as the following: (1) The latest edition of the Design Guidelines and Standard Drawings and Specifications in the office of the City Engineer. (2) The applicable portions of the latest edition of the State of California, Department of Transportation Standard Specifications. (3) The latest edition of the American Public Works Association Standard Specifications for Public Works Construction. (B) Authority of the City Engineer. The City Engineer is authorized to approve improvement plans which comply with the

adopted standards. (Ord. 15-12, passed 12-15-2015)

Block design shall conform to the Zoning Ordinance, the General Plan, any applicable specific plans, and the following: (A) Length. Block length shall not exceed 1,000 feet between street centerlines, unless the previous adjacent layout or special conditions justify a variation from this requirement. (B) Width. Block width shall be sufficient to permit the plotting of two tiers of lots of normal depth, typically at least 250 feet between street centerlines. (Ord. 15-12, passed 12-15-2015)

Lot design shall conform to the Zoning Ordinance, the General Plan, any applicable specific plans, and the following: (A) Dimensions. (1) Minimum lot dimension. Minimum lot dimensions shall be as specified in the Zoning Ordinance. (2) Key lots (flag lots). Key lots shall be avoided where possible and are subject to the approval of the Planning Commission or City Council. (3) Sidelines. Sidelines of all lots shall be at right angles or radial to the centerline of the street, wherever feasible. (B) Frontage. (1) Each lot of land shall have the minimum lot frontage required by Zoning Ordinance on a public street, or a private street that provides a connection to a public street unless otherwise approved by variance. (2) No double frontage lots shall be approved, except where necessary due to topographical conditions, the existence of a primary thoroughfare, arterial street, or other unique circumstances. (C) Boundary. No lot shall be divided by a county, city, school district or any other taxing district boundary line. (D) Easements. To the extent legally permissible, easements shall be dedicated by the subdivider for public utility use along all lot lines, where necessary, for the extension of sewer, storm drainage, flood control, water, or public utility lines. (Ord. 15-12-2015)

The location, width, and alignment of streets shall conform to the General Plan and applicable specific plans, any applicable design guidelines adopted by the City Council, except where alternative standards are approved by the City Council. Streets shall be designed for the most advantageous development of the area in which the subdivision lies and for high connectivity with surrounding areas. Specific requirements shall be as follows: (A) Street configuration. (1) Width. (a) The width of streets shall be per the latest edition of the Design Guidelines and Standard Drawings and Specifications in the office of the City Engineer. (b) Street classifications shall be consistent with the General Plan Transportation and Circulation Element and any applicable specific plan. (c) Part-width streets shall be permitted only on the periphery of a subdivision as required by the City Engineer and approved by the Planning Commission or City Council. (d) Part-width streets shall contain a minimum of two 12-foot-wide travel lanes, one 8-foot-wide parking lane along project frontage, and a paved 4-foot shoulder. Table 08-24-1: Minimum Right-of-Way Width Street Class Minimum Width Table 08-24-1: Minimum Right-of-Way Width Street Class Minimum Width

Local street 58 feet Cul-de-sac street 54 feet Collector street 72 feet Industrial street 72 feet Minor arterial 96 feet Major arterial (4 lane) 114 - 122 feet Major arterial (6 lane) 136 - 144 feet

(2) Centerlines. (a) Existing or planned streets shall continue the centerlines of the existing streets as far as practical, in accordance with the City Design Guidelines and Standard Drawings and Specifications and as approved by the City Engineer. (b) The centerlines shall be offset at least 150 feet if no extensions from existing centerlines exist. (3) Connectivity. Street configuration shall provide maximum connectivity for pedestrians, bicycles, and vehicles within subdivisions. (4) Private streets. New private streets are permitted only if they meet all of the following requirements: (a) The Planning Commission or City Council determines that a private street system will not be a substantial detriment to adjoining properties, or to the properties served by the private street system, and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision. (b) All private streets shall comply with the current edition of the City's Design Guidelines and Standard Drawings and Specifications in the office of the City Engineer. (c) The subdivider shall establish provisions, approved by the City Engineer and City Attorney, for a homeowners' association or other organization to assume responsibility for the maintenance and ownership of private streets, alleys and their rights-of-way, including any trees and landscaping provided within the street and alley rights-of-way. (d) The Planning Commission or City Council may require that a proposed private street be subject to an offer of dedication pursuant to Cal. Gov't Code § 66477.1. (e) Public utilities within private streets shall require dedication of public utility easements for their maintenance. (5) Alleys. (a) Alleys shall be at least 20 feet in width. (b) Alleys may be allowed in residential subdivisions when determined to be desirable by the Planning Commission or City Council for any of the following reasons: 1. The unusual size, shape or topographical character of the property to be subdivided. 2. The relationship to existing or proposed adjacent commercial, industrial, or high-density residential development or adjacent railroad or canal rights-of-way. 3. The need to maintain continuity of existing alleys where the property to be subdivided is located immediately between existing residential blocks where alleys are provided. 4. To improve traffic circulation or to reduce possible traffic conflicts. 5. To provide rear access to parking and reduce the visual impact of garages, and provided that the city will not be required to provide on-going maintenance. 6. To comply with street configuration requirements of this chapter. (6) Sidewalks. (a) Concrete sidewalks shall be installed on both sides of all streets. (b) Sidewalk widths shall be in accordance with the General Plan, applicable specific plan, the latest edition of the city's Design Guidelines and Standard Drawings and Specifications in the office of the City Engineer, or as specified by the City Engineer. (7) Cul-de-sacs or stubbed streets. (a) The use of cul-de-sac or stubbed streets in residential subdivisions shall be minimized so as to meet the requirement for connectivity, above. (b) Where cul-de-sacs or stubbed streets are used, they shall not exceed 500 feet in length. (c) Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall

extend to the boundary of the property proposed for subdivision and the resulting stubbed streets may be approved within a dedicated easement. (d) Cul-de-sacs shall be open at their end for pedestrian access whenever possible. (e) The property line radius at the terminus of the cul-de-sac shall be designed so as to provide a uniform parkway width. (f) Barriers shall be erected to the City of Tulare specifications, at the expense of the subdivider, at the ends of all stubbed streets. (g) For stubbed streets more than one lot in length, a temporary turnaround having a minimum radius of 50 feet measured to the property line is required until the street is extended. (8) Curved streets. The centerline curve radius on all streets shall conform to accepted engineering standards of design and shall be subject to the approval of the City Engineer. (9) Grades. Street grades, longitudinal to the centerline, shall be not less than 0.2%. Any grade deviation shall be approved by the City Engineer. (10) Intersections. Street intersections shall be as near to right angles as practicable. (a) Where new streets intersect existing "tee" intersections, the new centerline shall align as closely as possible with that of the opposite street. (b) At street intersections the block corners shall be rounded at the property line with a curve having a radius of not less than 20 feet. (c) A greater curve radius may be required if streets intersect other than at right angles, or required by the City Engineer. (11) Continuation of existing streets. Streets that are a continuation of streets on contiguous property shall be aligned to ensure that their centerlines coincide. In cases where straight continuations are not practical, such centerlines shall be continued by curves of appropriate radii. (12) Traffic conflicts. When a subdivision lot fronts on any primary thoroughfare or arterial streets designated in the Transportation and Circulation Element of the General Plan, one or more of the following methods may be applied to lessen potential traffic conflicts: (a) Frontage streets. (b) Backing lot treatment. (c) Common driveways. (d) Driveway access onto alleys. (e) Other suitable method approved by the Planning Commission or City Council. (f) Access limitations. (B) Street lighting. (1) The subdivider shall provide and install street lights on all streets where required by the city. (2) The lighting system shall be designed and constructed to city and serving public utility standards. (C) Street names. (1) All new streets, public or private, shall be named consistent with the City of Tulare Street Naming Policy. The names shall be chosen by the city, or the subdivider or developer, subject to the review and approval of the City Street Naming Committee. (2) Street name signs shall be installed at intersections of all streets and highways, including private streets and at such other locations designated by the City Engineer. (3) All street name signs shall conform to city standards. (4) Proposed street names shall not duplicate or too closely approximate phonetically the names of any streets in the city or its immediate environs. Where streets are functional continuations of existing streets, the existing street name shall be used. (5) All east-west streets shall be known as "Avenue"; all north-south streets shall be known as "Street"; all curvilinear or diagonal streets shall be known as "Drive"; very short or cul-de-sac streets shall be known as "Court," "Circle," or "Place." (D) Median islands. (1) Raised median islands shall be required in accordance with the provisions of the General Plan Transportation/Circulation Element, City Standards, and any applicable specific plans.

(2) Median islands shall be designed and constructed in accordance with city standards. (3) Median islands shall be treated or landscaped and irrigated in conformance with the General Plan and City landscape standards. (E) Monuments. (1) Placement. (a) Monuments shall generally be placed at the angle point on the exterior boundary lines of the tract, at the intersections of centerlines of streets, the beginning and ends of curves, points of reverse curvature, points of compound curvature along street centerlines, street bulb connections, and eccentric cul-de-sacs. (b) Monuments may be placed on offset lines. (2) Lot stakes. (a) Lot stakes shall be set six inches below finished grade at property corners. (b) Lot stakes shall be of iron pipe or rod, one-half inch in diameter and 18 inches in length. (F) Ownership transfer or dedication. (1) Existing private streets may be transferred or dedicated to the city only if sufficient funds are placed on deposit or repairs are made to ensure that the street meets the standards for streets set forth in this chapter and any other applicable requirements. (2) The city may require the establishment of an assessment district for street and storm drain maintenance for any existing private street transferred or dedicated to the city. (Ord. 2021-04, passed 12-21-2021; Ord. 15-12, passed 12-15-2015)

This section provides regulations necessary to govern the installation, maintenance and preservation of trees. All subdivisions shall comply with the provisions of Chapter 8.32, Street Trees. (A) Tree removal. Trees protected by Chapter 8.32 (Street Trees) of the Tulare Municipal Code shall require a permit prior to removal. (B) Trees in right-of-way. (1) Parkway trees and irrigation systems shall be provided and planted along all streets and highways. (2) Trees shall be installed in the manner and shall conform to the size and species specified in the City Street Trees Master Plan and in compliance with the Chapter 8.32 (Street Trees) of the Tulare Municipal Code. (3) In full-width sidewalks, tree wells shall be provided as required by city standards. (C) Street tree and landscaping plan. The subdivider shall provide a master street tree and landscaping plan as part of the subdivision improvement plans. The plant species, planting methods, and planting locations shall conform to the specifications in § 8.32.050 (Street Tree Plan) of the Tulare Municipal Code and are subject to the approval of the Recreation and Parks Director. (D) Responsibility. The responsibility for planting street trees and landscaping and financing their maintenance shall be as follows: (1) The subdivider shall complete all street tree and landscape planting as part of the subdivision improvements. (2) The subdivider shall submit security, subject to the approval of the City Engineer and City Attorney, for a period of one year following the completion and acceptance of the street tree and landscaping work in the sum equal to 10% of their actual construction cost and reasonable attorney fees, expert fees, and court costs. (3) The subdivider shall agree to pay the city for all costs to maintain the trees and landscaping in a vigorous and thriving condition for a period of one year after completion, and as determined by the City Engineer. (4) Maintenance costs shall be provided for by an assessment district and be based on the amounts specified in the most recent publication of the Annual Engineers Report for the Levy of Assessments for the Landscaping and Lighting Districts. (Ord. 15-12, passed 12-15-2015)

(A) Passive heating and cooling. (1) The subdivider shall provide for future passive or natural heating or cooling opportunities in the subdivision, to the

extent that this can be accomplished within a reasonable period of time, given economic, environmental, social, and technological constraints. (2) Examples of passive or natural heating opportunities in subdivision design include: (a) Design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure. (b) Design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes. (B) Local considerations. (1) In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, site contours, configuration of the lot to be divided, and other design and improvement requirements. (2) Provision of passive or natural heating or cooling opportunities shall not result in reducing allowable densities or the percentage of a lot that may be occupied by a building or structure under applicable zoning regulations in effect at the time a tentative subdivision map or tentative parcel map is filed. (Ord. 15-12, passed 12-15-2015) IMPROVEMENTS

(A) This chapter establishes standards for the design, construction, and installation of public improvements located within subdivisions. (B) These standards are intended to implement the General Plan and protect the public health, safety, welfare, and aesthetics of the community. (Ord. 15-12, passed 12-15-2015)

All subdivisions shall provide improvements required by this chapter and any additional improvements required by conditions of map approval. (Ord. 15-12, passed 12-15-2015)

(A) General. (1) Conformance. All subdivision improvements shall conform to city standard plans and specifications. This requirement applies to all public and private improvements and other public or private infrastructure. (2) Exception. The City Engineer may allow deviations from the City Design Guidelines and Standard Drawings and Specifications pertaining to private subdivision improvements and infrastructure, except for private streets, which must comply with city standards. (3) Filing. Copies of the City Design Guidelines and Standard Drawings and Specifications shall be maintained on file in the office of the City Engineer. (4) Phased maps. (a) Whenever a subdivider submits a final map for a fraction or portion of the area shown for subdivision on a tentative subdivision map or tentative parcel map, the subdivider shall prepare a master water, sewer, and storm drain plan for the complete map area. (b) The subdivider shall submit the master water, sewer, and storm drain plan prepared by a registered civil engineer for review by the City Engineer at the time of the filing of the first phased map is submitted for any of the affected area. (5) Submittals. The plans, profiles, and specifications of all improvements required by the provisions of this section shall be submitted to and approved by the City Engineer prior to the filing of the final subdivision map or parcel map. (B) Public access. All streets, including alleys, shall be consistent with the Tulare Municipal Code, established city policy on street design and improvements and the following: (1) All subdivided lots shall have access to a public or private street. (2) The map shall clearly identify streets and alleys, and drainage, public utilities, and other public easements within the public right-of-way.

(3) Streets with no access at the end or at the boundary of subdivision shall be dedicated unconditionally to the city when required by the city. (C) Street infrastructure. All street infrastructure shall be installed as required by the City Design Guidelines and Standard Drawings and Specifications. (1) Street lighting. Street design shall include street lighting. (2) Street trees. Each subdivider shall comply with all applicable sections of the Street Tree Planting ordinance. (3) Signs. Street name signs, directional signs, warning signs, markers, barricades, regulatory signs, and other safety devices and public facilities shall be installed by the subdivider. (D) Pedestrian and bicycle paths. Pedestrian ways and bicycle paths shall be improved per the City Design Guidelines and Standard Drawings and Specifications. (1) The subdivider shall install sidewalks along all streets as required by the City of Tulare Public Improvement Standards. (2) The subdivider shall construct bicycle paths and pedestrian ways within an approved subdivision in compliance with the Transportation and Circulation Element of the General Plan and any applicable specific plan. (E) Transit facilities and railroad crossings. The subdivider shall provide a dedication or an irrevocable offer of dedication for local transit facilities to serve residents of the subdivision. (1) Improvements. Improvements include but are not limited to bus turnouts, benches, shelters, landing pads, and other similar items. (2) Railroad crossings. (a) The subdivider shall provide improvements for all railroad crossings necessary to provide safe access to and circulation within the subdivision. (b) All expense of railroad crossings shall be paid by the subdivider. (c) The subdivider shall prepare all necessary documentation for railroad crossings, which includes, but is not limited to, all documents necessary for an application to the California Public Utilities Commission (CPUC) for the establishment and improvement of the crossing. (F) Bridges, culverts, and major thoroughfares. (1) General. Bridges, culverts, and other similar structures shall be installed for drainage, access, or public safety, as deemed necessary by the City Engineer. (2) Placement. Bridges, structures, and culverts shall be placed at grades and shall be of design and size approved by the City Engineer. (G) Storm drainage and flood control. (1) Stormwater runoff from the subdivision shall be collected and conveyed by a storm drain system consistent with the City Design Guidelines and Standard Drawings and Specifications and approved by the City Engineer. (2) The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in run-off attributed to the development. (3) The location, size, and type of watercourses or drainage works, and all drainage of streets and other drainage works between streets, shall comply with city standards or as required by the City Engineer. (4) The city may require the establishment of an assessment district to ensure the future maintenance of the storm drain system. (5) Within selected flood lines, the subdivider shall comply with the requirements of the FEMA National Flood Insurance Program and the City Design Guidelines and Standard Drawings and Specifications as to the construction of all flood control works. (H) Irrigation ditches and wells. (1) Existing irrigation ditches within a subdivision shall be abandoned. Irrigation ditches that cannot be abandoned shall be placed in conduits or structures covered according to the plans and specifications of the City Engineer and the Tulare Irrigation District. (2) Any abandoned well or existing well within a proposed subdivision shall be completely filled and capped as per the City Design Guidelines and Standard Drawings and Specifications. (I) Grading. (1) Subdivisions shall incorporate grading and erosion control measures consistent with city standards and approved by the City Engineer.

(2) All grading within the city shall employ the best available management practices, as determined by the City Engineer, to minimize airborne dust, erosion, sedimentation, and unnecessary grading. (3) Grading and erosion control measures shall prevent sedimentation or damage to off-site properties. (J) Sewage facilities. (1) All sanitary sewer lines, appurtenances, and service connections shall be constructed or laid to the lines and grades approved by the City Engineer. (2) Sanitary sewer lines shall be of the size and design as approved by the City Engineer. (3) The subdivider shall install an approved sewer connection to the property line of each lot within the subdivided area and mark an "S" on the curb face so that it may be easily located. (4) The subdivider shall be required to extend sewer lines at the subdivider's own expense from the nearest point of connection with existing city mains. (K) Water supply system. (1) Water mains shall be constructed to serve each lot within the subdivision and shall be of a size and design as approved by the City Engineer. (2) The subdivider shall be required to extend water mains at the subdivider's own expense from the nearest point of connection with the existing city mains. (L) Fire hydrants. The subdivider shall install fire hydrants, with their associated underground water pipes and appurtenances, of sizes and locations as required and approved by the City Engineer. (M) Underground utilities and service lines. (1) Utility lines, including but not limited to electric, communications, street lighting, and cable television, shall be placed underground. (2) The subdivider is responsible for complying with the requirements of this section, in accordance with applicable tariffs of the respective service utilities as filed with the California Public Utilities Commission (CPUC), and shall make the necessary arrangements with the utility companies for the installation of the facilities. (3) Appurtenances and associated equipment such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground with prior city approval. (4) The above requirements do not apply to utility lines which do not provide service to the area being subdivided or to electric distribution and transmission lines with a capacity in excess of 66 kV. (5) Subject to the City's Engineer's approval, where joint use poles are permitted to remain, all lines using the poles may remain in place. All service to individual lots shall be placed underground. (6) Underground cables, conduit and conductors, and all materials and appurtenances necessary, shall be installed according to the City Design Guidelines and Standard Drawings and Specifications and the serving public utility company. (N) Off-site improvements. Requirements for construction of off-site improvements shall be as provided in Cal. Gov't Code § 66462.5. (Ord. 15-12, passed 12-15-2015)

(A) Purpose. This section establishes requirements for agreements between the city and a subdivider related to incomplete improvements, deferred improvements, and reimbursement for installed improvements. (B) Incomplete improvements. (1) Agreement required. When all improvements and conditions of approval required by this chapter and the California Subdivision Map Act ("Map Act") are not completed before the approval of the final subdivision map or parcel map, the subdivider shall enter into an agreement with the city to complete all of the required improvements and conditions within a specified time period. (2) Preparation and approval. The agreement shall be prepared by the City Engineer, approved by the City Attorney, and executed by the subdivider. (3) Agreement contents. The agreement shall be in a form acceptable to the City Attorney and City Council and subject to a deposit as established by the City Engineer. It shall include the following: (a) A list of the improvements, dedications, and in-lieu fees, indicating those improvements that have not been constructed. (b) A schedule for completing the improvements.

(c) Estimated cost of improvements. (d) Types of security for faithful performance, labor and material, payment and maintenance. (e) A requirement that the improvements be completed at the subdivider's expense. (f) A subordination agreement signed by any person or entity that has any interest in the subdivision that may arise to a fee interest in the future. (4) Repair and maintenance. The agreement shall provide the following information on repair and maintenance on improvements: (a) A statement asserting that the subdivider shall repair any damage to a public street or any other public property or improvement, which results from or is incidental to, the construction of improvements by the subdivider in the subdivision for 12 months following approval of the agreement. (b) A maintenance security or bond sufficient to insure maintenance and repairs of all improvements within the subdivision for a period of one year after acceptance of the improvements by the City Council. (5) Recordance required. The executed improvement agreement shall be recorded in the office of the County Recorder and shall bind the subdivider's successors-in-interest. (6) Development agreement. A development agreement may be used in lieu of, or in addition to, an improvement agreement, provided that it contains the provisions described in division (B) above at a minimum. Where public improvements are required, improvement plans, engineering calculations, and cost estimates shall be submitted and approved by the City Engineer prior to acceptance of a final subdivision map or parcel map for filing. (C) Deferred improvement agreements. To the extent authorized by the Map Act, the city may allow subdivision improvements to be deferred until a later date. When deferment is allowed, the subdivider shall enter a deferred improvement agreement in a form acceptable to the City Engineer and City Attorney for installment of all deferred improvements at a specified later time. Deferred improvement agreements shall comply with the following requirements: (1) The subdivider shall begin construction of improvements within 90 days of the receipt of the notice to proceed from the city, or as mutually agreed upon in writing. (2) In the event of a default by the subdivider, the city is authorized to have construction done and charge the entire cost and expense to the subdivider, including interest from the date of notice of the cost and expense until paid. The interest rate shall be consistent with the requirements of Article 15, Section 1 of the California State Constitution. (3) The city shall record the agreement with the County Recorder and shall constitute notice to all successors and assignees of title to the real property of the obligations specified in the agreement. (4) The obligations under the agreement shall constitute a lien in a sufficient amount necessary to fully reimburse the city, including interest, subject to foreclosure in the event of a default in payment. The obligations under the agreement shall run with the property and constitute a lien against it. (5) In the event of litigation caused by default of the subdivider, the subdivider agrees to pay all costs involved, including reasonable attorneys' fees. Those costs shall become a part of the lien against the real property. (6) The construction of deferred improvements shall conform to this chapter and all applicable provisions of the Zoning Ordinance in effect at the time of construction. (D) Reimbursement agreements. Any reimbursement agreement shall be prepared as described in Chapter 8.60 (Benefit Districts) and Chapter 8.64 (Oversized Construction Reimbursement). The subdivider may request reimbursements for installed improvements when the following conditions are met: (1) Improvements are greater than minimum size required. (2) Improvements contain supplemental capacity, length, number, or size for the benefit of property not within the subdivision. (3) Improvements are to be dedicated to the public. (Ord. 15-12, passed 12-15-2015)

(A) General. (1) The city shall require a subdivider to furnish a security for the completion of subdivision improvements consistent with this section and Cal. Gov't Code §§ 66499 et seq. (2) The security shall be furnished to ensure the faithful performance of the terms of an improvement agreement, secure of payment for materials and labor, and provide guarantee and warranty for up to one year after completion of improvements. (3) All improvement securities shall be reviewed and approved by the City Engineer and the City Attorney.

(B) Form and amount of security. (1) Security may be provided through bonds, cash deposits, instruments of credit, a lien upon the property, or other form of security acceptable to the city. (2) The amount of security shall not exceed the amounts specified in Cal. Gov't Code §§ 66499.3 and 66499.4. (C) Release of improvement security. (1) Performance security. (a) For public improvements to be dedicated to the city, the city shall release a performance security only after accepting all completed improvements. (b) For improvements that will not be dedicated to the city, the city shall release a performance security only after: 1. The subdivider submits certification by a registered civil engineer that the improvements have been constructed in accordance with the approved plans and specifications; and 2. The improvements pass any final inspections required by the city. (c) Performance and payment security shall be released only upon receipt of any required maintenance or warranty agreements and security. (d) The city may permit a partial release of performance security as work progresses consistent with Cal. Gov't Code § 66499.7. (2) Payment bond. Release and reduction of a material and labor security shall be consistent with Cal. Gov't Code § 66499.7. (3) Warranty security. The city shall release a warranty security upon: (a) Satisfactory completion of the warranty period; and (b) Correction of all deficiencies appearing on the warranty deficiency list for the subdivision. (Ord. 15-12, passed 12-15-2015)

(A) Time of completion. (1) General. (a) The subdivider shall complete the improvements for a subdivision within 12 months from the recording of the final subdivision map or parcel map, unless an extension up to six months is requested and granted by the City Engineer. (b) If the subdivider fails to complete the improvements within the specified time, the city may require the uncompleted improvements to be completed, and the parties executing the performance security shall be firmly bound for the payment of all costs. (2) Extensions. (a) The City Engineer may extend the completion date upon written request by the subdivider and the submittal of adequate evidence to justify the extension, at least 30 days before expiration of the subdivision improvement agreement. (b) In passing upon a request for a subdivision improvement agreement extension, the city may require any of the following: 1. Revision of improvement plans to provide for current design and construction standards when required by the City Engineer. 2. Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer. 3. Increase of improvement securities in compliance with revised construction estimates. 4. Increase of inspection fees to reflect current construction costs. Inspection fees are not subject to decrease or refund. 5. The Council, as a condition of approval to extension, may impose additional requirements relating to the physical improvements, which would bring the project into compliance with current ordinances, policies, and standards. (c) The subdivider shall pay the costs incurred by the city in processing the extension request and extension agreement. (B) Acceptance. (1) Inspection request. When all subdivision improvements have been completed, the subdivider shall request

inspection in writing, and approval of all such subdivision improvements by the City Engineer. (2) Recommendation and approval. Upon approval of the inspection, the City Engineer shall recommend to the City Council acceptance of the public subdivision improvements subject to the conditions of the executed improvement agreement, and the subdivider shall be relieved of all obligations for further maintenance and repairs of the improvements from and after the date or dates in acceptance and maintenance agreement. (3) Final inspection of private improvements. The City Engineer shall provide final inspection and acceptance of private subdivision improvements and other private infrastructure prior to issuance of certificate of occupancy on any building permit on those lots within the subdivision. (Ord. 15-12, passed 12-15-2015)