Chapter 16.04 - SUBDIVISION REGULATIONS#

Sections:#

16.04.010 - Title and authority of provisions.#

A. This chapter may be cited as the "Nevada City Subdivision Ordinance."

B. This chapter is adopted pursuant to the Subdivision Map Act (Title 7, Division 2, Section 66410 et seq. of the Government Code) and is supplemental thereto. All provisions of that Act not incorporated in this chapter shall, nevertheless, apply to all subdivisions, maps and proceedings hereunder.

(Ord. 369 §§ 1-01, 1-02, 1975)

16.04.015 - Processing time limits and State Subdivision Map Act authority.#

All subdivision processing time limits contained herein are intended to be superseded by applicable state law under the permit streamlining act. In the event of any conflict between the requirements of the local subdivision ordinance codified in this section and the then-current State Subdivision Map Act or other state laws, state law shall prevail.

(Ord. 92-07 (part), 1992)

16.04.020 - Purpose of provisions.#

The purpose of this chapter is as follows:

A. To establish policies, standards and procedures to regulate and control the design and improvement of subdivisions within the city, and to provide for proper grading and erosion control;

B. To assist in implementing the objectives, policies, general land uses and programs of the general plan, and to ensure that all proposed subdivisions, together with the provisions for their design and improvement, are consistent therewith and with all applicable specific plans;

C. To preserve and protect the natural resources and unique amenities of the environment, including topographic and geologic features; open space lands, recreational areas, and fish and wildlife habitats, and to maximize the public's access to public resources through the dedication and continuance of public easements thereto.

D. To relate land use intensity and population density to existing development, street capacity and traffic access, the slope of the natural terrain, and the availability of public facilities and utilities and open space.

E. To provide lots of sufficient size and appropriate design for the purposes for which they are to be used;

F. To provide adequate access to each building site;

G. To provide streets of adequate capacity and design for the traffic that will use them and to ensure the safety of pedestrians and vehicles;

H. To provide sidewalks where needed, pedestrianways, bicycle paths and equestrian and hiking trails for the safety, convenience and enjoyment of the residents of new developments;

I. To provide adequate systems of water supply, sanitary sewage disposal, storm drainage, street lighting and other utilities needed for the public health, safety and convenience;

J. To ensure that the costs of providing land for streets, alleys, pedestrianways, easements and other rights-of-way, and the costs of the improvements thereon needed to serve new developments, shall be the responsibility of the subdividers;

K. To provide adequate sites for public facilities needed to serve the residents of new developments;

L. To prevent land which is actually or potentially dangerous or unusable by reason of flooding, geological or soil conditions, inadequate water supply or fire protection, or insufficient sewerage facilities from being subdivided for any use or in any manner which would be detrimental to the public health, safety and welfare;

M. To ensure that the subdivision of land within the city shall be carried out in a manner that will promote the public health, safety, convenience and general welfare.

(Ord. 369 § 1-03, 1975)

16.04.030 - Compliance with other provisions.#

Neither the approval nor conditional approval of a subdivision map shall constitute or waive compliance with other applicable ordinances or regulations of the city, nor shall any such approval be deemed to authorize a failure to comply with other ordinances or regulations.

(Ord. 369 § 1-04, 1975)

16.04.040 - Prohibited acts.#

A. No person shall offer to sell or lease, to contract to sell or lease, to sell or lease, or to finance any parcel or parcels of real property or to commence construction of any building for sale, lease or financing thereon, except for model homes, or to allow occupancy thereof, for which a final map is required by this chapter, until such map thereof in compliance with the provisions of this chapter has been filed for record in the office of the county recorder.

B. No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by this chapter, until such map thereof in full compliance with the provisions of this chapter has been filed for record in the office of the county recorder.

C. No person shall make any conveyance by parcel or block number, initial or other designation, of any part of a division of real property for which a final or parcel map is required by this chapter, unless and until such map has been filed for record in the office of the county recorder.

(Ord. 369 § 17-01, 1975)

16.04.050 - Definitions.#

All terms that are defined in the Subdivision Map Act shall have the same meaning when used in this chapter. The following terms, which include certain terms defined in the Act, shall have the following meanings:

"Advisory agency" means the planning commission of the city of Nevada City.

"Approved access" means road access to a maintained public street or highway by way of a private road easement, which road access complies with any adopted road standards as to width, grade, alignment and improvement.

"City engineer" means the county surveyor, performing the duties of a city engineer pursuant to an agreement under Section 66431 of the Subdivision Map Act, or a licensed civil engineer retained by the city.

"Design" means:

1. Street alignments, grades and widths;

2. Drainage and sanitary facilities and utilities, including alignments and grades thereof;

3. Location and size of all required easements and rights-of-way;

4. Fire roads and firebreaks;

5. Lot size and configuration;

6. Traffic access;

7. Grading;

8. Land to be dedicated for park or recreational purposes; and

9. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity with or implementation of the general plan or any specific plan.

"Final map" means a map prepared in accordance with the provisions of Section 66433 et seq. of the Subdivision Map Act, to be recorded in the office of the county recorder, for the purpose of creating lots or parcels of record, and containing appropriate dedications or offers of dedication for public uses.

"General plan" means the general plan of the city of Nevada City.

"Health officer" means the county health officer.

"Improvement" means such street work and utilities to be installed, or agreed to be installed, by the subdivider, to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs, as a condition precedent to the approval and acceptance of a final map. "Improvement" also refers to such specific improvements or types of improvements, the installation of which by the subdivider, by public agencies, by private utilities, by any other entity approved by the city, or by a combination thereof, is necessary or convenient to ensure conformity with or implementation of the general plan or any specific plan.

"Lot" means a parcel of land which is shown on a tentative, final or parcel map as a single unit, and is identified thereon by a separate and distinct number or letter.

"Parcel map" means a map prepared in accordance with the provisions of Section 66444 et seq. of the Subdivision Map Act, to be recorded in the office of the county recorder, for the purpose of creating lots or parcels of record, and which may contain appropriate dedications or offers of dedication for public uses.

"Pedestrianway" means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind, and which may be located within or without a street right-of-way.

"Private road easement" means a parcel of land not dedicated as a public street, over which a private easement for road purposes is proposed to be, or has been, granted to the owners of adjacent property, which intersects or connects with a public street. The instrument creating such easement shall be recorded or filed in the office of the county recorder.

"Public way" means any street, highway, alley, pedestrianway, equestrian or hiking trail, bicycle path, channel, tunnel, bridge, easement, right-of-way or other way in which the public has a right of use.

"Roadway" means that portion of a right-of-way for a street, highway or alley designed or used to accommodate the movement of motor vehicle.

"Specific plan" means a plan adopted pursuant to the provisions of Section 65450 et seq. of the Government Code.

Street, Collector. "Collector street" means a street which collects and distributes vehicular traffic moving between major and minor streets, and which generally provides direct access to abutting properties.

Street, Cul-de-sac. "Cul-de-sac street" means a street which is designed to remain permanently closed at one end with the closed end terminated by a vehicular turnaround. For the purposes of this chapter, the length of a cul-de-sac street shall be measured from the centerline of the intersecting street along the centerline of the cul-de-sac to the center of the radius of the turnaround.

Street, Major. "Major street" means a street carrying the vehicular traffic of minor and collector streets to and from freeways, the central business district and other major streets, and generally providing direct access to abutting property.

Street, Minor. "Minor street" means any street other than a collector or major street or freeway, providing direct access to abutting property and serving local as distinguished from through traffic.

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers".

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, 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, except for leases of agricultural land for agricultural purposes. 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 Section 1350 of the Civil Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used herein, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

Notwithstanding the foregoing paragraph, two or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land or under this chapter, or were not subject to such provisions at the time of their creation, shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceeding under the provisions of said Act or this chapter shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any of them; provided, however, that if any one of such contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development under Title 17 of this code or this chapter, and at least one of such contiguous parcels or units is not developed with a building for which a permit has been issued, or which was built prior to the time such permits were required, then such parcels shall be merged for the purposes of the Subdivision Map Act and this chapter. The provisions of this paragraph shall be applicable to such contiguous parcels which have heretofore come under one ownership, as well as to those which may hereafter come under one ownership.

"Tentative map" means a map made for the purpose of showing the design and improvements of a proposed subdivision, and the existing conditions in and around it, which is not to be recorded, and which need not be based upon an accurate or detailed final survey of the property.

"Zoning regulations" means Title 17 of this code.

(Ord. 394 § 1, 1978; Ord. 369 § 2-01, 1975)

16.04.054 - Limitation on the size of residential units.#

Thirty (30) percent of all new lots, including condominium units created as part of approving a parcel map, vesting tentative map or final subdivision map, shall be designated on a map as requiring the construction of a home less than or equal to one thousand five hundred (1,500) square feet in size and a garage not to exceed five hundred (500) square feet in size. If the subdivision map creates two (2) or fewer new lots, none of the new lots shall be limited as set forth above. For maps creating three (3) or more new lots, the number of lots to be limited as set forth above shall be determined by multiplying 0.3 times the number of new lots created and then rounded up or down based on the common mathematical convention. For example, a map creating nine (9) new lots would be required to designate three (3) lots to be limited as set forth above since the number reached per the above formula would be 2.7 which would be rounded up to 3. In addition to designating such lots on the map, the subdivider shall record a deed restriction on each lot informing any potential owner of the lot of the size limitations of the home that can be constructed.

Thirty (30) percent of all homes located in new subdivisions shall be one thousand five hundred (1,500) square feet or smaller. These homes shall be affordable to below moderate-income households. This shall be accomplished through deed restrictions or through an affordable housing plan that includes below moderate-income housing opportunities accomplished through a variety of mechanisms including, but not limited to, size restrictions, rental units, second units, etc. The plan shall be approved by the planning commission and/or city council.

(Ord. 2003-03 § 1, 2003; Ord. No. 2009-07, § 2, 9-9-2009; Ord. No. 2023-07, § 3, 8-9-2023)

16.04.056 - Required second dwelling units.#

Twenty (20) percent of all new single-family lots created as part of approving a parcel map, vesting tentative map or final subdivision map shall contain a second dwelling attached or detached which is not less than three hundred fifty (350) square feet in size nor more than six hundred forty (640) square feet in size, which meets all of the requirements of Sections 17.72.020 and 17.72.030 of the municipal code except the lot size requirements and the unit size requirements. If the subdivision map creates two (2) or fewer lots, none of the new lots shall be limited as set forth above. For maps creating three (3) or more new lots, the number of lots to be limited as set forth above shall be determined by multiplying 0.3 times the number of new lots created and then rounded up or down based on the common mathematical convention. In addition to designating such lots, the subdivider shall record a deed restriction on any such lot informing any potential owner that no building permit shall be issued by the building department unless the plans include a second dwelling unit and informing the new owner that the second residential unit shall not be less than three hundred fifty (350) square feet in size and not more than six hundred forty (640) square feet in size.

(Ord. 2003-03 § 2, 2003)

16.04.060 - Advisory agency—Designated.#

The "advisory agency" referred to in the Subdivision Map Act and this chapter shall be the Nevada City planning commission.

(Ord. 369 § 4-01, 1975)

16.04.070 - Advisory agency—Powers and duties.#

The planning commission shall have the following powers and duties:

A. As to subdivisions requiring a parcel map, the commission shall have the authority to approve, conditionally approve or disapprove all tentative maps.

B. As to subdivisions requiring a final map, the commission shall make investigations and reports on the design and improvement of such subdivisions, and the imposing of requirements or conditions thereon, and shall make recommendations to the city council concerning the approval, conditional approval or disapproval of the tentative maps.

C. Such additional powers and duties as may be prescribed by the Subdivision Map Act and this chapter.

(Ord. 369 § 4-02, 1975)

16.04.080 - Tentative map required.#

A tentative map shall be required for all subdivisions, followed by either a final map or a parcel map.

(Ord. 369 § 3-01, 1975)

16.04.090 - Final map required when.#

A final map shall be required, in addition to the tentative map, for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project containing five or more parcels, except where:

A. The land before division contains less than five acres, each parcel created by the

Article IV - Tentative Maps (continued)#

16.04.090 - Exemptions from tentative map requirements#

A division abuts upon a maintained public street or highway, and no dedications or improvements are required by the city council; or

B. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway; or

C. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city council as to street alignment and widths; or

D. Each parcel created by the division has a gross area of forty acres or more, or each of which is a quarter-quarter section or larger.

(Ord. 369 § 3-02, 1975)

16.04.100 - Parcel map required when#

A parcel map shall be required, in addition to the tentative map, for all subdivisions described in subsections A, B, C and D of Section 16.04.090 of this article, as well as for all subdivisions created four or less parcels.

(Ord. 369 § 3-03, 1975)

16.04.110 - Contents#

The tentative map shall be clearly and legibly drawn and reproduced, shall conform with the design regulations set forth in Article X of this chapter, and except as provided in Section 16.04.130, shall contain the following information:

A. A site sketch showing the location of the proposed subdivision in relation to the surrounding area;

B. The tract name and the date, northpoint and scale of the map;

C. Names, addresses and telephone numbers of the record owner and subdivider;

D. Name, address and telephone number of the civil engineer or licensed surveyor under whose direction the map was prepared;

E. Boundaries of the proposed subdivision with sufficient information to locate the property, and indication of adjacent subdivisions or current ownership of adjacent parcels.

F. Topographic information in sufficient detail for the proper consideration of drainage, sewage disposal and road locations;

G. The locations of all areas subject to flooding, and the location, width and direction of flow of all watercourses and flood control channels;

H. The proposed method of providing for sewage disposal, and the proposed water supply;

I. The names, locations, widths and grades of adjacent or abutting streets and roads;

J. The names, locations, widths and grades of all existing and proposed streets, alleys, pedestrianways and other rights-of-way, whether public or private, within the proposed subdivision, and the locations and widths of all existing and proposed easements for public utilities, drainage and other public purposes;

K. The lines and approximate dimensions of all lots, and the approximate area of each lot.

L. The location of all existing structures which are to remain on the property, and the distances between them and the existing or proposed street or lot lines;

M. Where the property lies within an open space district, as defined in Chapter 17.56 of this code, the number of trees of the size and species referred to in Section 17.80.070 of this code, and their approximate location, with notations as to which, if any, are proposed to be removed.

N. If separate maps are to be filed on portions of the property shown on the tentative map, the subdivision boundaries which will appear on such final maps and the sequence in which such maps will be filed.

(Ord. 369 § 6-01, 1975)

16.04.120 - Accompanying data#

Except as provided in Section 16.04.130 of this chapter, the following instruments and other data shall be filed with the tentative map:

A. A preliminary title report on the subject property issued by a title insurance company;

B. A preliminary soils report, prepared by a civil engineer registered in this state, and based upon adequate test borings. Such report may be waived, in accordance with Section 66491(a) of the Subdivision Map Act, if the city engineer determines that, based on the knowledge which the city has regarding the soil qualities of the soils of the subdivision, no preliminary analysis is necessary;

C. A preliminary grading plan, provided that such plan may be waived if the city engineer determines it to be unnecessary for proper grading and erosion control;

D. Applications for any modifications that may be proposed concerning the requirements of this chapter, together with such supporting information and data as may be required by the provisions of Article XV of this chapter;

E. A final environmental impact report or negative declaration for which the time for appeal has expired, prepared and processed in accordance with California Environmental Quality Act and the state and city guidelines and regulations thereunder. This requirement may be waived if at the time of filing of the tentative map the subdivider submits to the city an irrevocable written offer extending the time limits specified in the Subdivision Map Act and this chapter for reviewing and acting upon the tentative map. The extension shall be for such periods as are reasonably necessary to permit the preparation, review and processing of a final environmental impact report or, if applicable, a negative declaration, on the proposed subdivision;

F. All other data that may be required for the proper consideration of the tentative map.

(Ord. 369 § 6-02, 1975)

16.04.130 - Tentative maps preceding parcel maps#

For subdivisions for which parcel maps are required, a copy of the deed vesting title in the owner of the subject property may be submitted with the tentative map, in lieu of a preliminary title report; and neither a preliminary soils report nor a preliminary grading plan need be furnished unless requested by the planning commission. Other requirements set forth in Sections 16.04.110 and 16.04.120 of this chapter, as applied to such subdivisions, may be waived by the commission, to the extent that such waiver is permitted by the Subdivision Map Act, if compliance with such requirements is found to be unnecessary due to the type of subdivision involved, and where such waiver is warranted by the circumstances of the particular case. For subdivisions creating four or less parcels, the regulations concerning improvements shall be limited to the dedication of right-of-way, easements and the construction of reasonable offsite and onsite improvements for the parcels being created.

(Ord. 369 § 6-03, 1975)

16.04.140 - Filing#

The tentative map and as many copies thereof as may be required by the planning commission together with the accompanying instruments and other data, shall be filed with the city manager, who shall give a receipt therefor. If at any time thereafter the map or other material is found to be incomplete or incorrect, the subdivider shall be notified of the additions or corrections to be made. Failure of the subdivider to comply with such notice shall be cause for recommendation of disapproval of the tentative map, unless an extension of time for action thereon is mutually agreed upon between the subdivider and the planning commission.

(Ord. 369 § 6-04, 1975)

16.04.150 - Filing fee#

At the time of filing the tentative map, the subdivider shall pay to the city a reasonable fee for processing the map, in accordance with a schedule of fees to be adopted by resolution of the city council.

(Ord. 369 § 6-05, 1975)

16.04.160 - Withdrawal or revision#

Requests for withdrawal of any tentative map shall be in writing, unless made at a public meeting or hearing on the map. No refund of the filing fee shall be made after distribution of the map pursuant to Section 16.04.170 of this chapter. Any revised tentative map shall be deemed a new tentative map, and shall be processed accordingly. The approval or conditional approval of any revised tentative map shall void any action taken on the former map.

(Ord. 369 § 6-06, 1975)

16.04.170 - Distribution and review#

The city manager shall send copies of the tentative map to such other public and private agencies, including public utilities, as may be affected by the proposed subdivision, with a request for their written comments and recommendations as to the approval, disapproval, or any necessary conditions of approval of the map, to be submitted to the planning commission within fifteen days from the receipt of such map and request. Copies of all comments and recommendations thus made, and of any written report or recommendation made by any officer or department of the city, shall be served on the subdivider, by mail or personal delivery, at least three days prior to any hearing or action on the tentative map by the planning commission.

(Ord. 369 § 6-07, 1975)

16.04.180 - Planning commission review and report#

Within fifty days after the filing of the tentative map, or within such extended time as may be agreed upon between the subdivider and the planning commission, the commission shall consider the map, the accompanying instruments and other data, the comments and recommendations referred to in Section 16.04.170 and the evidence received at its meeting, and shall make a written report to the city council recommending the approval, conditional approval or disapproval of the map. If conditional approval of the map is recommended, the report shall contain a complete statement of the conditions. If disapproval is recommended, the report shall set forth the reasons for such disapproval.

(Ord. 369 § 7-01, 1975)

16.04.190 - Service of report#

The city manager shall cause a copy of the planning commissions' report to be served on the subdivider, by mail or personal delivery, at least three days prior to the hearing of the city council on the tentative map.

(Ord. 369 § 7-02, 1975)

16.04.200 - Hearing procedures#

Upon the filing of the planning commission's report, the city council at its next regular meeting shall fix the meeting date at which the tentative map will be considered, which date shall be within thirty days thereafter. Notice of the hearing on the tentative map shall be given by the city clerk for the time and in the manner specified in Section 66451.3 of the Subdivision Map Act. Any interested person may appear at the hearing and be heard.

(Ord. 369 § 7-03, 1975)

16.04.210 - Action by city council#

At the conclusion of the hearing on the tentative map, and within the thirty-day period referred to in Section 16.04.200, the city council shall approve, conditionally approve or disapprove the tentative map. The action thus taken shall be endorsed on the map, or shown by a memorandum attached thereto. If the map is conditionally approved, such endorsement or memorandum shall include a complete statement of the conditions. If the map is disapproved, the reasons for disapproval shall be stated. The council shall report its action to the subdivider, and such report shall include a copy of any such memorandum.

(Ord. 369 § 7-04, 1975)

16.04.220 - Approval on failure to act#

If no action on the tentative map is taken by the city council within the time limits specified in this article, or any authorized extension thereof, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of the Subdivision Map Act and this chapter, and the city clerk shall certify such approval.

(Ord. 369 § 7-05, 1975)

16.04.230 - Action by planning commission#

Within fifty days after the filing of the tentative map, or within such extended time as may be agreed upon between the subdivider and the planning commission, the commission shall consider the map, the accompanying instruments and other data, the comments and recommendations referred to in Section 16.04.170, and the evidence received at its meeting, and shall approve, conditionally approve or disapprove the tentative map. The action thus taken shall be endorsed on the map, or shown by a memorandum attached thereto. If the map is conditionally approved, such endorsement or memorandum shall include a complete statement of the conditions. If the map is disapproved, the reasons for disapproval shall be stated. The planning commission shall report is action to the subdivider, and such report shall include a copy of any such memorandum.

(Ord. 369 § 8-01, 1975)

16.04.240 - Approval on failure to act#

If no action on the tentative map is taken by the planning commission within the time limits specified in this article, or any authorized extension thereof, the tentative map as filed shall be deemed to be approved, insofar as it conforms with other applicable requirements of the Subdivision Map Act and this chapter, and the city clerk shall certify such approval.

(Ord. 369 § 8-02, 1975)

16.04.250 - Appeal by subdivider#

A. The subdivider may appeal to the city council from any action of the planning commission with respect to a tentative map. Any such appeal shall be filed with the city clerk within fifteen days after the action of the planning commission from which the appeal is taken. Upon the filing of an appeal, the council shall set the matter for hearing, and the hearing shall be held within thirty days after the date of filing the appeal.

B. Written notice of the hearing shall be given to the subdivider, by mail or personal delivery, at least ten days prior to the date of hearing. Within ten days after the conclusion of the hearing, the council shall render its decision on the appeal.

(Ord. 369 § 8-03, 1975)

16.04.260 - Filing of complaints#

Any interested person adversely affected by a decision of the planning commission may file a complaint with the city council concerning any decision of the commission. Any such complaint shall be filed with the city clerk within fifteen days after the action of the planning commission which is the subject of the complaint. The council may, in its discretion, reject the complaint or set the matter for public hearing. If the complaint is rejected the complainant shall be so notified. If the matter is set for hearing, such hearing shall be held within thirty days after the filing of the complaint, and notice thereof shall be given as provided in Section 66541.3 of the Subdivision Map Act. Any interested person may appear at such a hearing and be heard.

(Ord. 369 § 8-04, 1975)

16.04.270 - Appeal by interested persons#

Notwithstanding the provisions of Sections 16.04.250 and 16.04.260 of this chapter, any interested person may appeal to the city council any decision of the planning commission relative to the provisions of Sections 66473.5, 66474, 66474.1 and 66474.6 of the Subdivision Map Act. Any such appeal, and the hearing thereon, shall be conducted in the manner provided in Section 66452.5(a) and (b) of the Subdivision Map Act.

(Ord. 369 § 8-05, 1975)

16.04.280 - Statutory authority—Purpose of provisions#

A. Citation and Authority. This article is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state (hereinafter referred to as the "vesting tentative map statute") and may be cited as the "vesting tentative map ordinance."

B. Purpose and Intent.

1. It is the purpose of this article to establish procedures necessary for the implementation of the vesting tentative map statute and to supplement the provisions of the Subdivision Map Act and this chapter. Except as otherwise set forth in the provisions of this

Article VIII. Vesting Tentative Maps#

16.04.280 - Purpose.#

A. It is the purpose of this article to establish procedures for the filing, processing and approval of vesting tentative maps for residential subdivisions. To the extent of any conflict between the provisions of this article and any other provision of this chapter, the provisions of this article shall apply to this article.

B. To accomplish this purpose, the regulations outlined in this article are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

C. Consistency. No land shall be divided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by Title 17 of this code or other applicable provisions of this code.

(Ord. 86-4 (part), 1986)

16.04.290 - Definitions.#

A. A "vesting tentative map" means a tentative map for a residential subdivision, as defined in this chapter, that has printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 16.04.310 of this article, and is thereafter processed in accordance with the provisions hereof.

B. All other definitions set forth in this chapter are applicable.

(Ord. 86-4 (part), 1986)

16.04.300 - Application.#

A. This article shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed in accordance with the provisions of this article.

B. If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(Ord. 86-4 (part), 1986)

16.04.310 - Filing—Fees.#

A. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data, and reports, and shall be processed in the same manner as set forth in this chapter for a tentative map except as hereinafter provided:

1. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words, "Vesting Tentative Map."

2. At the time a vesting tentative map is filed, a subdivider shall also supply the following information:

   a. Height, size and location of buildings;

   b. Sewer, water, storm drain and road details;

   c. Information on the uses to which the buildings will be put;

   d. Detailed grading plans;

   e. Geological studies;

   f. Flood control information;

   g. Architectural plans;

   h. Any other studies the city has normally deferred to the building permit stage.

3. Simultaneously with the filing of an application seeking approval of a vesting tentative map, the developer shall also be required to file applicable architectural design approval, rezone approval and a conditional use permit.

B. Upon filing a vesting tentative map, the subdivider shall pay the fees required by the city for the filing and processing of a tentative map.

(Ord. 86-4 (part), 1986)

16.04.320 - Expiration.#

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period and shall be subject to the same extensions established by this chapter for the expiration of the approval or conditional approval of a tentative map.

(Ord. 86-4 (part), 1986)

16.04.330 - Rights of subdivider.#

A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2; however, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

B. Notwithstanding subsection A of this section, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:

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

2. The condition or denial is required in order to comply with state or federal law.

C. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 16.04.320. If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

2. The initial time period set forth in subdivision 1 of this subsection shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty days from the date a complete application is filed.

3. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subdivision 1 of this subsection expires. If the extension is denied, the subdivider may appeal that denial to the legislative body within fifteen days.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions 1 through 3 of this subsection, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 86-4 (part), 1986)

16.04.340 - Applications inconsistent with zoning.#

A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city shall deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 16.04.330(A)(1), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

B. The rights conferred by this section shall be for the time period set forth in Section 16.04.330(A)(3).

(Ord. 86-4 (part), 1986)

16.04.350 - Applications inconsistent with current policies.#

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in Section 16.04.330 (A)(1) and (B), and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 86-4 (part), 1986)

Article IX. Final Maps#

16.04.360 - Required when.#

A final map, conforming with the approved or conditionally approved tentative map, shall be required for every subdivision described in Section 16.04.090.

(Ord. 369 § 9-01, 1975)

16.04.370 - Time limit for recordation.#

Within twenty-four (24) months of the date of approval or conditional approval of the tentative map, the subdivider may cause the proposed subdivision, or any part thereof, to be surveyed, and a final map to be prepared and recorded, in accordance with the provisions of this article and the Subdivision Map Act.

(Ord. 369 § 9-02, 1975; Ord. No. 2020-18, § 1, 10-28-2020)

16.04.380 - Extension of time limit for recordation.#

Upon the written application of the subdivider filed prior to the expiration of the tentative map, the time for recording the final map may be extended by the city council for a period or periods not exceeding a total of two years.

(Ord. 369 § 9-03, 1975)

16.04.390 - Termination of proceedings.#

Failure to record a final map prior to the expiration of the tentative map shall terminate all proceedings, and before a final map may thereafter be recorded, a new tentative map shall be filed and processed in accordance with Articles VI and VII of this chapter.

(Ord. 369 § 9-04, 1975)

16.04.400 - Form and content.#

The form of the final map, and the information and certificates contained thereon, shall be governed by the provisions of Section 66433 et seq. of the Subdivision Map Act.

(Ord. 369 § 9-05, 1975)

16.04.410 - Accompanying data.#

The following instruments and other data shall accompany the final map:

A. Any offer of dedication by separate instrument, and accompanying title report, as may be required as a condition of approval of the tentative map;

B. Any deed restrictions to be recorded with the final map, in the form in which they are to be recorded, when required as a condition of approval of the tentative map;

C. A final grading plan, provided that such plan may be waived in the city engineer determines it to be unnecessary for proper grading and erosion control;

D. The complete plans, profiles, cross-sections and specifications for the construction and installation of improvements, as required by Article XIV;

E. All other data required by law or as a condition of approval of the tentative map.

(Ord. 369 § 9-06, 1975)

16.04.420 - Filing requirements.#

After causing all required certificates and acknowledgments to be executed, except the certificates of the city engineer, city clerk and county recorder, the subdivider shall submit to the city manager the original tracing of the final map and as many prints thereof as may be required, together with the accompanying instruments and other data. The city manager shall promptly submit the map and other material to the city engineer for review.

(Ord. 369 § 9-08, 1975)

16.04.430 - Filing fees.#

At the time of filing the final map, the subdivider shall pay to the city a reasonable fee for processing said map, in accordance with a schedule of fees to be adopted by resolution of the city council.

(Ord. 369 § 9-07, 1975)

16.04.440 - Action by city engineer.#

The city engineer shall examine the map, and if he finds it to be technically correct and in substantial conformity with the tentative map and any approved modifications thereof, and in conformity with the improvement plans and specifications for the subdivision, he shall execute the city engineer's certificate on the map and file it, together with the accompanying instruments and other data, with the city clerk. If the map is found to be incorrect or incomplete, the subdivider shall be notified in writing of the corrections or additions to be made before the map may be certified. The map shall be certified and filed with the city clerk within twenty days from the time of its submission to the city manager pursuant to Section 16.04.420.

(Ord. 369 § 9-09, 1975)

16.04.450 - Action by city council.#

Within ten days after the filing of the final map with the city clerk, or at the next regular meeting of the city council after the meeting at which it receives the map, whichever is later, the council shall approve the map if it conforms with all of the requirements of the Subdivision Map Act, this chapter and any rulings made thereunder, and if not, the council shall disapprove the map. If the council does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms with all said requirements, it shall be deemed approved, and the city clerk shall certify such approval thereon. At the same time the council approves the final map, it shall also accept, accept subject to improvement, or reject any offer of dedication, and the city clerk shall certify such action on the map. If, at the time of approval of the final map by the council, any public improvements required by the Subdivision Map Act and this chapter have not been completed, the council, as a condition precedent to the approval of the map, shall require the subdivider to enter into an improvement agreement and to furnish improvement security, as specified in Article XIV of this chapter.

(Ord. 369 § 9-10, 1975)

16.04.460 - Recordation.#

Upon approval by the city council, the final map shall be further processed, and shall be filed in the office of the county recorder, in accordance with the provisions of Section 66464 et seq. of the Subdivision Map Act.

(Ord. 369 § 9-11, 1975)

Article X. Parcel Maps#

16.04.470 - Required when.#

A parcel map, conforming with the approved or conditionally approved tentative map, shall be required for every subdivision described in Section 16.04.100 of this chapter.

(Ord. 369 § 10-01, 1975)

16.04.480 - Time limit for recordation.#

Within twenty-four (24) months of the date of approval or conditional approval of the tentative map, the subdivider may cause a parcel map to be prepared and recorded, in accordance with the provisions of this article and the Subdivision Map Act.

(Ord. 369 § 10-02, 1975; Ord. No. 2020-18, § 2, 10-28-2020)

16.04.490 - Extension of time limit for recordation.#

Upon the written application of the subdivider filed prior to the expiration of the tentative map, the time for recording the parcel map may be extended by the city council for a period or periods not exceeding a total of two years.

(Ord. 369 § 10-03, 1975)

16.04.500 - Termination.#

Failure to record a parcel map prior to the expiration of the tentative map shall terminate all proceedings, and before a parcel map may thereafter be recorded, a new tentative map shall be filed and processed in accordance with Articles VI and VII of this chapter.

(Ord. 369 § 10-04, 1975)

16.04.510 - Form and content.#

The form of the parcel map, and the information and certificates contained thereon shall be governed by the provisions of Section 66444 et seq. of the Subdivision Map Act.

(Ord. 369 § 10-05, 1975)

16.04.520 - Accompanying data.#

The following instruments and other data shall accompany the parcel map:

A. Any offer of dedication by separate instrument, and accompanying title report, as may be required as a condition of approval of the tentative map;

B. Any deed restrictions to be recorded with the parcel map, in the form in which they are to be recorded, when required as a condition of approval of the tentative map;

C. Deeds for any easements or rights-of-way required for road or drainage purposes which have not been offered for dedication on the parcel map;

D. A final grading plan, if a preliminary plan has been required by the planning commission, provided that such final plan may be waived if the city engineer determines it to be unnecessary for proper grading and erosion control;

E. If any improvements are required, the complete plans, profiles, cross-sections and specifications for the construction and installation of such improvements, as required by Article XIV of this chapter;

F. All other data required by law or as a condition of approval of the tentative map.

(Ord. 369 § 10-06, 1975)

16.04.530 - Filing requirements.#

After causing the surveyor's certificate to be executed, the subdivider shall submit to the city manager the original tracing of the parcel map and as many prints thereof as may be required, together with the accompanying instruments and other data. The city manager shall promptly submit the map and other material to the city engineer for review.

(Ord. 369 § 10-08, 1975)

16.04.540 - Filing fees.#

At the time of filing the parcel map, the subdivider shall pay to the city a reasonable fee for processing said map, in accordance with a schedule of fees to be adopted by resolution of the city council.

(Ord. 369 § 10-07, 1975)

16.04.550 - Action by city engineer.#

A. The city engineer shall examine the map, and if he finds it to be technically correct and in substantial conformity with the tentative map and any approved modifications thereof, and in conformity with the improvement plans and specifications for the subdivision, he shall execute the city engineer's certificate on the map and file it, together with the accompanying instruments and other data, with the city clerk.

B. If the map is found to be incorrect or incomplete, the subdivider shall be notified in writing of the corrections or additions to be made before the map may be certified. The map shall be certified and filed with the city clerk within twenty days from the time of its submission to the city manager pursuant to Section 16.04.530 of this chapter.

(Ord. 369 § 10-09, 1975)

16.04.560 - Action by city council.#

A. Within ten days after the filing of the parcel map with the city clerk, or at the next regular meeting of the city council after the meeting at which it receives the map, whichever is later, the council shall approve the map if it conforms with all of the requirements of the Subdivision Map Act, this chapter and any rulings made thereunder. At the same time the council shall also accept, accept subject to improvement, or reject any offer of dedication, and the city clerk shall certify such action on the map.

B. If, at the time of approval of the parcel map by the city council, any public improvements required by the Subdivision Map Act and this chapter have not been completed, the council, as a condition precedent to the approval of the map, shall require the subdivider to enter into an improvement agreement and to furnish improvement security, as specified in Article XIV of this chapter.

(Ord. 369 § 10-10, 1975)

16.04.570 - Recordation.#

Upon approval by the city council, the parcel map shall be further processed, and shall be filed in the office of the county recorder, in accordance with the provisions of Section 66464 et seq. of the Subdivision Map Act.

(Ord. 369 § 10-11, 1975)

Article XI. Design and Improvement Standards#

16.04.580 - General criteria.#

A. The size, design, grade, location and configuration of lots within a proposed subdivision, and the improvements required in connection therewith, shall be consistent with the density and uses authorized for the area by the general plan, any applicable specific plan and the zoning regulations, whichever is the most restrictive.

B. The density, timing or sequence of development may be restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site and the availability of public utilities.§

C. No subdivision shall create lots which are impractical for improvement or use due to steepness of the terrain, location of watercourses, size, shape, inadequate frontage or access, inadequate building area, or other physical condition.§

(Ord. 369 § 5-01, 1975)

16.04.590 - Access requirements.#

A. Each minor street providing access to lots within a subdivision shall connect directly or through one or more minor streets to a collector street or major street, and the route of access to a collector or major street shall be adequate to accommodate safely the kind and volume of traffic generated by the land uses which are thus served.

B. In determining the adequacy of a route of access, consideration shall be given to the deployment of fire equipment or other services under emergency conditions.

(Ord. 369 § 5-02, 1975)

16.04.600 - Alignment of streets.#

Streets shall be laid out to conform to the alignment of existing streets in adjoining subdivisions and to the logical continuation of existing streets where the adjoining land is not subdivided. The realignment of streets to accommodate the use or development of adjoining property, and the installation of streets or deadend street extensions to facilitate the subdivision of adjoining property, may be required. Permanently deadended streets (except cul-de-sacs) are prohibited.§ When a street is temporarily deadended, a barricade or temporary turning area may be required.

(Ord. 369 § 5-03, 1975)

16.04.610 - Resubdivision.#

Where property is subdivided into lots substantially larger than the minimum size required for the zoning district in which the subdivision is located, streets and lots shall be laid out so as to permit future resubdivision§ in accordance with the provisions of this chapter.

(Ord. 369 § 5-04, 1975)

16.04.620 - Intersections.#

All streets shall intersect as nearly as possible at right angles, and in no case shall the angle of intersection be less than sixty degrees. Street alignment shall provide for streets entering opposite each other to have their centerlines directly opposite. Where this is not possible, street jogs shall have a minimum centerline offset of one hundred fifty feet. No jogs shall break the continuity of a major or collector street. Block corners shall be rounded by a minimum radius curve of twenty feet at property lines.

(Ord. 369 § 5-05, 1975)

16.04.630 - Street requirements.#

A. Minor streets shall be so laid out that their use by through traffic will be discouraged. Curvilinear streets shall be encouraged.

B. A cul-de-sac street shall not exceed five hundred feet in length. Cul-de-sacs shall have a minimum right-of-way radius of forty feet measured from the centerline of the right-of-way.

C. Street rights-of-way shall be a minimum of fifty feet. Additional right-of-way may be required in order to provide for necessary slope easements or to accommodate traffic or parking on major streets.

D. Grades on streets shall not be less than 0.25 percent§. Grades shall not exceed ten percent, except that grades up to fifteen percent may be allowed where required by physical conditions and approved by the city engineer. Intersecting grades of different slopes shall be connected by properly designed vertical curves. Adequate sight distances shall be provided on all vertical and horizontal curves in keeping with the safe design speed for the kind and volume of traffic which will be using the street.

E. Street names shall be subject to the approval of the city council upon the recommendation of the planning commission.

(Ord. 369 §§ 5-06 — 5-10, 1975)

16.04.640 - Alleys.#

Alleys may be required at the rear of property designated for multiple-family residential, commercial or industrial use. Alleys shall not be permitted in a single-family development except as may be permitted or required at the rear of single-family attached (townhouse) dwellings or at the rear of single-family detached dwellings which front upon major streets.

(Ord. 369 § 5-11, 1975)

16.04.650 - Pedestrian walkways.#

Improved pedestrianways not less than ten feet in width§ may be required where needed for traffic safety, or for access to schools, playgrounds, shopping facilities or other community facilities.

(Ord. 369 § 5-12, 1975)

16.04.660 - Hiking, bicycle and equestrian trails.#

[No text provided in source material]

Chapter 16.04 - Subdivision Regulations#

16.04.660 - Trails and paths#

Suitable trails and paths for hiking, bicycle and equestrian use shall be provided§ in locations established by the general plan or any specific plan pertaining to such uses.

(Ord. 369 § 5-13, 1975)

16.04.670 - Utility easements#

A. Utility easements shall be ten feet in width§, except that where required on side lot lines or across the rear of double tier lots they shall be five feet in width§.

B. The alignment of all easements shall conform with the requirements of the utility company or other supplier of the service, including the city.

C. All utility lines, including electrical, gas, telephone, cable television and street lighting service lines, shall be placed underground; provided, however, that appurtenant equipment such as transformers, terminal boxes and meter cabinets may be placed above ground when in the opinion of the city engineer it would be impracticable, under the circumstances of the particular case, to place them underground; and provided, further, that the undergrounding of utilities may be waived by the city council upon a showing of exceptional circumstances warranting such waiver.

(Ord. 369 § 5-14, 1975)

16.04.680 - Drainage and other easements#

A. Easements for storm and floodwater drainage, where necessary, shall be offered for dedication, and shall conform substantially with any natural watercourse that traverses the subdivision. All lots shall be graded to provide adequate drainage. Provision shall be made for proper erosion control§, including the prevention of damage to off-site property by sedimentation or otherwise.

B. Easements for open space, public access, and other purposes shall be provided at such locations and in such widths as are necessary to accomplish the objectives, policies, general land uses and programs of the general plan and any applicable specific plan, and the requirements of the Subdivision Map Act.

(Ord. 369 §§ 5-15, 5-16, 1975)

16.04.690 - Lot area and dimensions#

Except as provided in Section 16.04.700 of this chapter, all proposed lots or parcels in a subdivision shall comply with the minimum area and dimensions required by the zoning regulations§ for the district in which the land is located, and in no case shall any lot or parcel be smaller than the minimum size recommended by the health officer in order to protect the public health and safety. In addition, all lots shall meet the following requirements:

A. Each lot shall have frontage on a public street in conformity with the zoning regulations, or shall have other approved access.§

B. The rear lot line shall be at least one hundred feet from the right-of-way line of the street or road on which the lot fronts.

C. The side lot lines shall normally be at right angles or radial to street or road lines§.

D. Double frontage lots, except corner lots, of less than two hundred feet in depth will not be approved except where necessary because of topographic conditions, or where access to one of the streets or roads is prohibited.§

E. Flag lots shall be permitted only where required by topographic conditions, or where there is no reasonable alternative design for the development of the interior portions of excessively deep parcels.§

(Ord. 369 § 5-17, 1975)

16.04.700 - Planned unit development#

When a conditional use permit is granted for a planned unit development and such development is subdivided, exceptions to the foregoing lot standards may be approved, as follows:

A. Exceptions to the requirements as to lot area and dimensions may be permitted when:

1. An open space or recreational area is provided for the use of the residents of the development; and

2. The total land area of the development divided by the total number of dwelling units provides an average building site per dwelling unit equal to or more than that required by the applicable zoning regulations. For this purpose, the "total land area of the development" includes the land area of the open spaces, private driveways and walkways, and recreational area, but shall not include any land areas being set aside for streets or roads.

B. Exceptions to the requirement that lots shall abut on a public street or private road easement may be permitted when:

1. Adequate access from a street or road to each dwelling unit is provided for pedestrians and emergency vehicles; and

2. Adequate provision is made for automobile parking in accordance with the zoning regulations.

(Ord. 369 § 5-18, 1975)

16.04.710 - Open space ownership and maintenance#

All areas designated as open space or for park or recreational use shall, unless contained within the various lots of the subdivision and maintained by the owners of such lots, be designated either as a separate parcel or parcels and dedicated to the city for park and recreational purposes, or as a separate parcel or parcels and maintained as common open space within an approved planned unit development.§

(Ord. 369 § 5-19, 1975)

16.04.720 - Lots adjoining city limits#

No lot shall be divided by a city or county boundary line.§

(Ord. 369 § 5-20, 1975)

16.04.730 - Property remnants#

Remnants of property which do not conform to lot requirements, or are not needed for a public or private utility or for approved access, shall not be created in a subdivision.§

(Ord. 369 § 5-21, 1975)

16.04.740 - General requirements#

As a condition of approval of a final or parcel map, the subdivider shall dedicate, or make an irrevocable offer of dedication of, all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.§

(Ord. 369 § 11-01, 1975)

16.04.750 - Waiver of direct access rights#

In any dedication or offer of dedication of a street, the subdivider may be required to include a waiver of direct access to any such street from any property shown on a final or parcel map as abutting thereon.§

(Ord. 369 § 11-02, 1975)

16.04.760 - Park and recreation purposes#

The city council may, by amendment to this chapter or by separate ordinance, require the dedication of land, the payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition of the approval of a final map or parcel map.§ Such ordinance shall include definite standards for determining the proportion of the subdivision to be dedicated and the amount of any fee to be paid in lieu thereof, and shall comply with all of the provisions of Section 66477 of the Subdivision Map Act.

(Ord. 369 § 11-03, 1975)

16.04.770 - School sites#

The city council may, by amendment to this chapter or by separate ordinance, require any subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school to dedicate to the school district or districts within which such subdivisions are to be located such land as the council shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service.§ Such ordinance shall comply with all of the provisions of Section 66478 of the Subdivision Map Act.

(Ord. 369 § 11-04, 1975)

16.04.780 - Public uses#

The city council may, by amendment to this chapter or by separate ordinance, require that areas of real property within the subdivision be reserved for parks, recreational facilities, fire stations, libraries or other public uses, subject to the conditions set forth in Section 66479 of the Subdivision Map Act.§ Such ordinance shall comply with all of the provisions of Section 66479 et seq. of the Act.

(Ord. 369 § 11-05, 1975)

16.04.790 - Independent special districts#

Where public services are provided by independent special districts which have declared themselves to be impacted by development, a written statement from such special district(s) acknowledging their ability to serve the project will be required prior to approval of the parcel map or final map. The written statement may recite that an agreement has been reached between the developer and the district to offset the impact on the district.

(Ord. 89-1 § 1, 1984; Ord. 84-6 § 2 (part), 1984)

16.04.800 - Content of reports#

No real property shall be acquired by dedication or otherwise, as the result of a proposed subdivision, for street, square, park or other public purposes, if the general plan or any part thereof applies thereto, until the location, purpose and extent of such acquisition have been submitted to and reported on by the planning commission as to conformity with the general plan or part thereof, as required by Section 65402 of the Government Code. Such report may be included in the planning commission's report on the tentative map pursuant to Section 16.04.180 of this chapter, or in its action on the map pursuant to Section 16.04.230, as the case may be.

(Ord. 369 § 12-01, 1975)

16.04.810 - Waiver of report#

The report referred to in Section 16.04.800 of this chapter shall not be required for a proposed subdivision which involves (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions or abandonments for street widening, or (3) alignment projects; provided, that the planning commission expressly finds that any such disposition of street remainders, acquisition, disposition or abandonment for street widening, or alignment project is of a minor nature.

(Ord. 369 § 12-02, 1975)

16.04.820 - Future action by city council#

The city council may, by amendment to this chapter or by separate ordinance, require the payment of fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas and of constructing planned sewer facilities for local sanitary sewer areas. Such ordinance shall comply with all of the provisions of Section 66483 of the Subdivision Map Act.

(Ord. 369 § 13-01, 1975)

16.04.830 - General requirement#

The subdivider shall construct or install all improvements in streets, alleys, pedestrianways, bicycle paths, drainage channels, easements and rights-of-way as are necessary for the general use of residents of the subdivision and for local traffic and drainage needs, and the improvements may include pavement, curbs, gutters, sidewalks, culverts, bridges, retaining walls, storm drains and drainage works, water mains and laterals, sanitary sewers, fire hydrants, street lighting facilities, street signs and other improvements as required.§

(Ord. 369 § 14-01, 1975)

16.04.840 - Construction and installation standards generally#

All improvements shall be constructed and installed in accordance with the standards established by the city council by ordinance and applicable at the time of the approval or conditional approval of the tentative map.§

(Ord. 369 § 14-02, 1975)

16.04.850 - Plan preparation and submittal#

A. After the approval of the tentative map and prior to the approval of the final map or parcel map by the city engineer, the subdivider shall prepare and submit for the city's approval complete plans for all improvements required by this chapter.

B. Such plans shall be prepared by or under the direction of a registered civil engineer, and shall show full details of all such improvements, including cross-sections, profiles, specifications and estimated costs.

(Ord. 369 § 14-03, 1975)

16.04.860 - Reimbursement for oversize improvements#

As a condition of approval of a tentative map, it may be required that improvements where installed by a subdivider for the benefit of the subdivision be of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that said improvements be dedicated to the public. If such a condition is imposed, the subdivision improvement agreement shall include provisions for reimbursement to the subdivider in the manner provided by Section 66486 of the Subdivision Map Act.§

(Ord. 369 § 14-04, 1975)

16.04.870 - Improvement agreement#

If all required improvements are not completed before a final map or parcel map is filed, the subdivider shall enter into an agreement with the city to make all improvements that may be required. Such agreement shall include a provision that, if the subdivider fails to complete the improvement work within the specified period of time, or any lawful extension thereof, the city may, at its option, complete the required work, in which event the subdivider and his surety shall be liable under a continuing obligation for payment of the full cost and expense incurred by the city in completing such work; and also, a provision obligating the contractor to repair or replace all defective material and workmanship which occur within one year after the acceptance of the improvements by the city.§

(Ord. 369 § 14-05, 1975)

16.04.880 - Improvement security#

A. The subdivider shall furnish security for the performance of the improvement agreement and any other act to be performed by the subdivider, such security to be in one of the forms provided in Section 66499 of the Subdivision Map Act, to be determined by, and subject to the city council.

B. The improvement security shall be in the amounts, to be determined by the city council, as authorized by Section 66499.3 of the Subdivision Map Act. If the improvement security is in a form other than a bond or bonds furnished by an authorized corporate surety, an additional amount, to be determined by the city council, shall be included to cover the cost and reasonable expense and fees, including reasonable attorneys' fees, which may be incurred by the city in successfully enforcing the obligation secured.

C. Faithful performance bonds and labor and material bonds shall be in substantially the same forms as set forth in Sections 66499.1 and 66499.2 of the Subdivision Map Act.

D. The improvement security may be released upon the final completion and acceptance of the work; provided, however, that such release shall not apply to the required guarantee and warranty, nor to the amount of security deemed necessary by the city council for such guarantee and warranty, nor to costs and reasonable expenses and fees, including reasonable attorneys' fees.

(Ord. 369 §§ 14-06 — 14-08, 14-11, 1975)

16.04.890 - Liability for alterations and changes#

The improvement security shall further secure the faithful performance of any changes or alterations in the improvement work to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvements.§

(Ord. 369 § 14-09, 1975)

16.04.900 - Inspection fee#

Prior to the approval of the improvement plans, the subdivider shall pay to the city a reasonable fee for plan checking, field inspections and materials testing, in accordance with a schedule of such fees to be adopted by resolution of the city council.§

(Ord. 369 § 14-10, 1975)

16.04.910 - Authority#

The city council shall have authority to grant, conditionally grant or deny requests by subdividers for modifications of the requirements or standards imposed by this chapter.§

16.04.920 - Application.#

A. Applications for modification shall be in writing and shall be filed with the planning commission concurrently with the tentative map. The application shall state the nature and extent of the requested modification and the reasons and facts relied upon by the subdivider.

B. The planning commission shall consider the application, together with any supporting evidence presented by the subdivider, and shall make its report and recommendation thereon to the city council.

C. If the modification is recommended, the report shall include a statement of any conditions of approval. If the commission recommends disapproval, the report shall include a statement of the reasons for such recommendation.

D. A copy of the report shall be served upon the subdivider, by mail or personal delivery, at least three days prior to any hearing or action thereon by the city council.

(Ord. 369 § 15-02, 1975)

16.04.930 - Findings and conditions.#

A. Before granting any modification, the city council shall make all of the following findings:

1. That the property to be divided is of such size, shape or topographic conditions, or is affected by such other special circumstances, that it is impossible, impracticable or undesirable in the particular case to conform with the strict application of this chapter;

2. That the cost to the subdivider of strict compliance with the regulation is not the sole reason for granting the modification;

3. That the modification will not be detrimental to the public health, safety or welfare, or be injurious to other properties in the vicinity; and

4. That granting the modification is consistent with the intent and purpose of this chapter, the general plan and all applicable specific plans.

B. In granting a modification, the council shall impose such conditions as are necessary to protect the public health, safety and welfare, and to assure compliance with the intent and purpose of this chapter, the general plan and all applicable specific plans.

(Ord. 369 § 15-03, 1975)

16.04.940 - Action by city council.#

The application for modification and the planning commission's report and recommendation thereon, together with any further evidence which may be submitted, shall be considered by the city council. If the modification is granted, a copy of the council's findings and a statement of any conditions of approval shall be furnished to the subdivider. If the modification is denied, the subdivider shall be furnished with a statement of the reasons for such denial.§

(Ord. 369 § 15-04, 1975)

16.04.950 - Initiation.#

A petition for reversion to acreage may be initiated by the city council on its own motion or by petition of all of the owners of record of the real property within the subdivision. The petition shall comply with the requirements of subsections (a), (b) and (c) of Section 66499.13 of the Subdivision Map Act, and shall include such other pertinent information as may be required by the planning commission.§

(Ord. 369 § 16-01, 1975)

16.04.960 - Filing fee.#

At the time of filing the petition, the land owners shall pay to the city a reasonable fee for processing the petition, in accordance with a schedule of fees to be adopted by resolution of the city council. If the proceedings are initiated by the council, such fee shall be paid by the person or persons requesting the council to proceed.§

(Ord. 369 § 16-02, 1975)

16.04.970 - Review and action.#

The petition shall be processed and reviewed in accordance with the procedures for processing and reviewing a tentative map, and upon the conclusion of the hearing before the city council, it shall take final action on the proposed final map.§

(Ord. 369 § 16-03, 1975)

16.04.980 - Merger of contiguous parcels.#

A. The merger of contiguous parcels of real property under common ownership without reverting to acreage is authorized.

B. The owner of the properties so merged, or his agent, shall record an instrument evidencing the merger in the office of the county recorder.

(Ord. 83-7 § 1, 1983)

16.04.990 - Violation—Penalty.#

Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Such person, firm or corporation shall be guilty for each day during any portion of which any violation is committed, continued or permitted, and shall be punishable as herein provided.§

(Ord. 369 § 17-02, 1975)