22-3 — MISCELLANEOUS PROVISIONS

a.

The Subdivision Committee shall recommend the disapproval and the City Council shall disapprove a map if the map fails to meet or perform any of the requirements or conditions imposed by the Subdivision Map Act or this chapter and, in the case of a final map, applicable at the time of approval of the tentative map, except to the extent that such requirements or conditions shall have been modified as provided by this chapter; provided, however, that such recommendation or disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The provisions of this subsection may be waived if the Council determines that the failure of the map is the result of a technical and inadvertent error which, in the determination of the Council, does not materially affect the validity of the map.

b.

The Subdivision Committee shall recommend the disapproval and the City Council shall not approve a map unless they shall find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan or any specific plan applicable thereto.

A proposed subdivision shall be consistent with the general plan or specific plan only if the proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in such plan.

c.

The Subdivision Committee shall recommend denial and the City Council shall deny approval of a tentative or final subdivision map if they make any of the following findings:

That the proposed map is not consistent with applicable general and specific plans.

2.

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

3.

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

4.

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

5.

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

6.

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

7.

That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the Planning Commission may recommend approval and City Council may approve a map if they find that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

d.

The City Council shall not deny approval of a final subdivision map pursuant to subdivision c. above if it has previously approved a tentative map for the proposed subdivision and if the City Council finds that the final map is in substantial compliance with the previously approved tentative map.

e.

The City Council shall not approve a final subdivision map for any land project, as defined in Section 1100.5 of the Business and Professions Code of the State of California, unless;

1.

The City has adopted a specific plan covering the area proposed to be included within the land project.

2.

The City Council finds that the proposed land project, together with the provisions for its design and improvement, is consistent with the specific plan for the area.

f.

The Subdivision Committee and the City Council shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code of the State of California. In the event that the Subdivision Committee or City Council finds that the proposed waste discharge would result in or add to violation of requirements of such board, the Committee may recommend the disapproval and the Council may disapprove the tentative map or maps of the subdivision.

(Ord. #78-277, § 15)

a.

Revised Tentative Subdivision Maps After Approval. After approval or conditional approval of a tentative subdivision map, any revised map shall comply with all regulations in effect at the time such revised map is filed.

When a tentative subdivision map has been approved, no other subdivider shall file a different tentative subdivision map for the same parcel of land without the express written consent of the current property owner or the original subdivider unless such previous tentative subdivision map has been invalidated by action of the City Council or by expiration of time.

The approval or conditional approval of any revised tentative subdivision map shall nullify all currently active approved tentative subdivision maps that are applicable to the same parcel of land.

b.

Changes in Conditions of Approval. After the conditional approval of a tentative subdivision map and prior to the recordation of the final subdivision map, the subdivider may request revisions in the conditions of approval. Such request shall be made to the Subdivision Committee, which shall make its recommendation with regard thereto to the City Council within thirty (30) days of the filing of the request. The Council may, in its discretion, approve the requested revisions. Any such revisions shall not affect the time limit for recording a final subdivision map unless expressly so provided by the Council.

(Ord. #78-277, § 16)

Whenever a public hearing is held pursuant to this chapter, notice of the time and place thereof and a general description of the location of the subdivision shall be published as required by Government Code Sections 66451.3 and 66451.4. In addition to the notice required by Government Code Section 66452.5,

written notice of the time and place of the hearing and a general description of the location of the proposed subdivision shall be mailed to the subdivider not less than ten (10) days prior to the hearing.

(Ord. #78-277, § 17; Ord. #81-305, § 5)

Filing fees, map checking fees, drainage fees, appeal fees, street lighting fees, engineering and inspection fees and other related fees shall be established by Resolution of the City Council.

(Ord. #78-277, § 18)

a.

Requirements for subdivision approval. In order to encourage an active street tree planting program, the following requirements are included as a condition on all new subdivisions approved by the City Council:

1.

Subdividers shall be required to plant trees in all new developments.

2.

Trees shall be located at intervals of not less than one hundred (100) feet on all interior and exterior streets. Trees shall be planted within the public right-of-way, equidistant between the curb line or proposed curb line and the edge of the right-of-way. In those areas where a sidewalk has been installed, or is required as a condition of development, the location of the tree shall be approved by the Planning Commission or the City Beautification Committee.

3.

The developer of each subdivision shall be required to maintain the trees required to be planted for one year following the acceptance of the public improvements. The City Council may require a bond of a sufficient amount as recommended by the City Engineer for the maintenance and replacement of any tree during said period. The developer shall be required to replace any tree which dies prior to release of the aforementioned bond.

4.

Each tree which is planted shall be staked with a two (2) inch by two (2) inch redwood stake or other acceptable substitute, and the tree shall be securely fastened to the stake.

5.

All trees which are planted shall be trees from an approved list as maintained by the City from time to time, or as may be approved by the Planning Commission. Said trees shall be not less than fifteen (15) gallon size trees at the time of planting.

(Ord. #70-133, § 1)

a.

Subdivision deed restriction regulated. No subdivision map or parcel map shall be approved with any deed restriction prohibiting the maintenance of any 4-H animal on any portion of the property covered by the subdivision or parcel map. The developer of any subdivision in the area covered by this section shall be required to notify the prospective purchasers of homes within the area affected by this section that 4-H animals are permitted and may be maintained on any property within the area covered by this section.

b.

Area covered by section provisions. The area to be covered by this section is commonly referred to as the "Upper Villa Park" or the "Cerra Villa Heights" area of the City, more specifically described on Exhibit "A" on file with the City Clerk's office and by this reference shall be incorporated herein.

(Ord. #71-155, § 3)