For the purposes of this chapter, the words and phrases set forth in this chapter shall be defined as set forth in this section, unless the context clearly indicates a different meaning is intended.

ADVISORY AGENCY: The planning commission shall constitute the "advisory agency" for tentative maps and parcel maps and shall have the authority to approve, conditionally approve, or disapprove such maps pursuant to the provisions of the subdivision map act of the state and this chapter.

BUILDING LINE: A line between which line and the street line no building, structure, or improvement or a portion thereof, may be erected, constructed, or established.

COMMON INTEREST DEVELOPMENT: A community apartment project, a condominium project, a planned development, and a stock cooperative as defined in section 1351 of the California Civil Code or its successor statute.

KEY LOT: The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, and which key lot fronts on the street which intersects the street upon which the corner lot fronts.

PRIMARY STREET: Any thoroughfare of an existing or intended one hundred foot (100') width between property lines, including therein the sidewalk, if any, or any greater width or its equivalent width in traffic carrying capacity when shown as such thoroughfare on the official street plan of the city.

SECONDARY STREET: Any thoroughfare which is not a "primary street", as defined in this section, but which exists or is intended for through traffic carrying purposes and which is shown as such thoroughfare on an official plan of the city or on any proposed street plan of a proposed subdivision filed with the city, but which is not less than sixty feet (60') in width between property lines.

STREET WIDTH: The distance between property lines.

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" shall include any common interest development, as defined in section 1351 of the California Civil Code or its successor statute. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for the purposes of computing the number of parcels.

All words and terms used in this chapter which are defined in the subdivision map act (chapter 2 of part 2 of division 4 of the Business and Professions Code of the state), as amended, shall have the same meaning as therein defined, except as specifically defined in this chapter. (1962 Code § 10-901; amd. Ord. 73-O-1465, eff. 4-5-1973; Ord. 75-O-1561, eff. 3-4-1975; Ord. 77-O-1670, eff. 12-1-1977; Ord. 05-O-2465, eff. 3-3-2005)

Any subdivider desiring to lay out for the purpose of sale or recordation any subdivision of land in the city shall file with the planning official not less than twelve (12) copies of a tentative map of the proposed subdivision. Such tentative map shall have been prepared by a licensed surveyor or civil engineer and shall contain the following data and information, except the soils report required by the provisions of subsection S of this section:

   A.   The tract number under which the subdivision map is to be recorded;

   B.   The date of survey, date of the map, and north point with the base of bearing;

   C.   A sufficient legal description of the land to define the boundaries of the proposed division of land;

   D.   A key map indicating the location of the proposed division of land in relation to the surrounding area;

   E.   The name and address of the record owner, the subdivider, and the civil engineer or licensed surveyor under whose direction the map was prepared, including the registration number of the engineer or surveyor, and the name and address of the person to whom notices of the approval or disapproval of the map and other notices are to be sent;

   F.   The scale of the map, which shall not exceed one inch equals one hundred feet (1" = 100') on a sheet size not to exceed twenty four inches by thirty six inches (24" x 36");

   G.   The approximate lot layout, the approximate dimensions of each lot and of each building site, and the number assigned to each lot;

   H.   The location and size of all existing utilities on or adjacent to the proposed subdivision;

   I.   The existing topography of the land proposed to be divided using contour intervals of not more than five feet (5'), and of not more than two feet (2') where the grade of the land is less than five percent (5%). The contour lines shall refer to city datum furnished by the city engineer. The contours of adjacent land shall also be shown whenever the surface features of such land affect the design and/or improvement of the proposed division;

   J.   The approximate location and outline to scale of each building or structure on the property proposed for division. Buildings or structures on adjacent property shall also be shown if such buildings or structures affect the design of the proposed subdivision. Each building shown shall be identified by a house number or other identifying feature, including a notation on each building or structure to be retained;

   K.   The approximate location of each area covered by trees, with a statement of the nature of the cover and the kind and approximate location of all trees standing within the boundaries of the proposed subdivision and the adjacent public rights of way;

   L.   The approximate location of all areas subject to inundation or storm water overflow, the location, width, and direction of flow of each watercourse, and the method for handling all storm water;

   M.   Each street shown by its actual street name or by a temporary name or letter for the purposes of identification until the proper name of such street is determined;

   N.   The location, width, approximate grade, and curb radii of all existing and proposed streets within and adjacent to the proposed subdivision;

   O.   The radius and beginning and ending of each curve, with customary curve data, and the degrees in each angle and the angle of intersecting streets or highways if such angle deviates from a right angle by more than four degrees (4°);

   P.   The width, purpose, and approximate location of all existing and proposed easements or rights of way, whether public or private within and adjacent to the proposed subdivision;

   Q.   The approximate finished grading of each lot, the elevation of proposed building pads, and the locations of the top and toe of cut and fill slopes;

   R.   The name of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map and the date of the soils report;

   S.   A geologic soils report prepared by a civil engineer who is registered by the state, based upon adequate test borings or excavations, unless the building and safety division shall determine that, due to the knowledge such division has as to the soil qualities of the soil of such subdivision or lot, no preliminary analysis is necessary. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the person filing the tentative map shall submit a soils investigation of each lot in the subdivision, prepared by a civil engineer who is registered in the state, which shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The building and safety division shall approve the soils investigation if such division determines that the recommended action is likely to prevent structural damage to each dwelling to be constructed and shall require that the approved recommended action be incorporated in the construction of each dwelling as a condition to the building permit. Appeals from such determinations shall be to the planning commission.

If the building official finds that a written geological report is necessary to determine whether the property to be divided is subject to an existing or potential geological hazard, the person filing the tentative map shall submit such a report to the planning division. The report shall be prepared by a registered engineering geologist; and

   T.   At its option, the planning commission may require all proposed dedications or offers of dedication to be made by deed.

The planning official may waive any of the requirements of this section whenever he finds that the type of subdivision is such that compliance is unnecessary or that other circumstances justify the waiver. The planning official may require such drawings, data, and other information as deemed necessary. (1962 Code § 10-902; amd. Ord. 75-O-1561, eff. 3-4-1975)

   A.   Tentative maps shall be filed with the planning official and shall be processed in accordance with the subdivision map act of the state and the provisions of this chapter.

   B.   A tentative map shall not be accepted for filing by the planning official unless such map complies with all the requirements of section 10-2-201 of this article.

   C.   A tentative map shall not be deemed to be filed until such time as all environmental review procedures are completed as required by the city's environmental regulations for implementation of the California environmental quality act, including the conclusion of all appeals, nor shall a tentative map be deemed to be filed until such time as it complies with all the zoning regulations of the city. (1962 Code § 10-902; amd. Ord. 75-O-1561, eff. 3-4-1975; Ord. 80-O-1769, eff. 9-4-1980)

At the time of filing the tentative map, the subdivider shall pay to the city clerk a filing fee of five hundred dollars ($500.00). The purpose of such fee shall be to provide funds to cover the costs to the city of processing subdivision maps. No such fee shall be refunded.

At the time of filing the final declaration of restrictions, and not later than the time of filing the final map, the subdivider shall pay a sum estimated to be sufficient to pay the cost of recording such restrictions, and the city clerk shall record them in the office of the county recorder as soon as the city is advised that the original final subdivision map has been recorded in said office. All fees deposited by the subdivider shall go into the general fund of the city, or such other fund as may be approved by the council, and the director of finance administration shall pay the cost of recording the declaration of restrictions from the general fund. (1962 Code § 10-902; amd. Ord. 74-O-1513, eff. 4-11-1974)

   A.   The planning commission shall not take any action on any tentative map until a report has been filed with the planning commission by the planning official, unless more than thirty (30) days have elapsed since the map was filed.

   B.   If a tentative map does not comply with all the requirements of this chapter, the planning commission may approve such map if, as a condition of approval, the applicant is required to make such changes as are necessary for the map to comply with all the requirements of this chapter. (1962 Code § 10-903; amd. Ord. 75-O-1561, eff. 3-4-1975)

   A.   The subdivider may appeal from any action of the planning commission with respect to a tentative map to the council as provided by section 66452.5 of the Government Code of the state. Such appeal and the hearing thereon shall be conducted in the manner provided by subsections (a) and (b) of section 66452.5 of the Government Code of the state.

   B.   Any interested person may appeal any decision of the planning commission relative to the provisions of sections 66473.5, 66474, 66474.1, and 66474.6 of the Government Code of the state to the council. Such appeal and the hearing thereon shall be conducted in the manner provided by subsections (a) and (b) of section 66452.5 of the Government Code of the state.

   C.   Appeals filed pursuant to the provisions of this section shall be filed with the city clerk on forms provided by the city clerk. Appeal forms shall be complete when filed, and all the grounds of the appeal shall be set forth therein. (Ord. 75-O-1561, eff. 3-4-1975)

   A.   Expiration: The approval or conditional approval of a tentative tract map shall expire twenty four (24) months after the date the map was approved or conditionally approved or such other period as may be set by section 66452.6 of the Government Code of the state.

   B.   Extensions: The person filing the tentative map may request an extension of the tentative map approval or conditional approval by a written application to the planning commission, such application to be filed at least thirty (30) days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed, and existing conditions may be revised.

   C.   Time Limits On Extensions: Extensions of a tentative map approval or conditional approval shall not exceed an aggregate of six (6) years.

   D.   Effect Of Map Modifications On Extensions: The modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

   E.   Failure To File Final Maps: Failure to file the final map within the time periods set forth in this section shall automatically terminate and void the tentative map. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 82-O-1846, eff. 4-15-1982; Ord. 88-O-2034, eff. 8-4-1988; Ord. 11-O-2610, eff. 8-7-2011)

   A.   The width and alignment of all primary and secondary streets shall conform to the width and alignment of those streets already existing in the city adjacent to the subdivision, and to the requirements of the planning commission in conformity therewith or subsidiary thereto, and shall conform to any proceeding affecting the subdivision which may have been initiated by the planning commission, or approved by the planning commission upon initiation by other legally constituted bodies of the county or state, unless by action of the planning commission and such other bodies a different width and alignment shall be approved.

   B.   All streets, as far as practicable, shall be required to be in alignment with existing adjacent streets or their proper projection and in general conformity with the general street plan of the city; provided, however, in cases where the holdings are large enough, a modified curved street layout may be required or permitted in the event such a layout will not interfere with the general street plan and that all boundary connections are made satisfactorily.

   C.   A minimum width of sixty feet (60') between property lines shall be maintained on all streets, unless it can be definitely shown that topography or local conditions will not permit such a width or that a lesser width is more suitable.

   D.   The width of streets or roads on hillside or mountainous lands shall be determined by expected future traffic needs and topographical conditions, and the decision of the planning commission thereon, after an investigation and hearing, shall be conclusive. All mountainous highways which form a part of primary or secondary traffic routes shall have a minimum width of forty feet (40') between property lines but shall be made wider on curves where the topography will permit. Other mountainous roads of more than local importance shall have a minimum width of thirty feet (30') between property lines. Such widths shall be approved only when the planning commission, in the exercise of reasonable discretion, determines that the topography will not permit a greater width.

   E.   The rate of grades of all streets shall be kept as low as possible, bearing in mind the advantageous development of the subdivision and surrounding property. Streets of more than local importance shall not exceed a maximum grade of eight percent (8%), and no street shall be approved with a maximum grade in excess of twelve percent (12%), unless by special permission of the planning commission.

   F.   A minimum center line radius of fifty feet (50') shall be maintained on all winding mountainous streets, and a minimum of three hundred feet (300') shall be required on all through traffic streets. Existing streets of less than thirty feet (30') in width shall be widened to a thirty foot (30') width when the centerline radius is the minimum or near the minimum. Street intersections shall be as nearly at right angles as possible, and care shall be taken in laying out intersections that adequate, but not excessive, areas are offered for dedication. Grades of streets leading into through streets from above shall be reduced as much as practicable near the intersection.

   G.   At all block corners, rounding or cutting back at the property lines shall be required. The intersection corners on all primary and secondary streets shall be rounded by a curve having a radius of curvature at least twenty feet (20') on the property line. All other corners shall be rounded by curves having a radii of the curvature at least ten feet (10') on the property line. Where business development is anticipated, an optional method of a diagonal cutoff substantially equivalent may be used instead of rounding in order to simplify building construction.

   H.   Private streets, alleys, or ways shall not be approved, except when the planning commission, after an investigation and hearing, finds that public dedication is impractical. All alleys and private streets shall be paved and approved the same as public alleys or streets.

   I.   All street improvements in any subdivision shall be made in accordance with the standard specifications for such improvements on file in the office of the city engineer and in accordance with the requirements of the city engineer and planning commission. (1962 Code § 10-903; amd. Ord. 75-O-1561, eff. 3-4-1975)

   A.   Alleys twenty feet (20') in width shall be required at the rear of lots fronting on primary or secondary streets and at the rear of all lots shown as business property. Such alleys shall be laid out in a manner which will not cause greater interference with traffic on the principal streets adjacent to such blocks than is necessary. All other alleys shall have a minimum width of twenty feet (20') and shall be required at the rear of all lots, except where the topography makes them impracticable. When two (2) alleys intersect, the intersecting corners shall be cut back or rounded, if practicable in a manner satisfactory to the transportation/engineering official to facilitate the movement of trucks.

   B.   When alleys are not provided at the rear of lots, and it is or may become necessary to have easements to reach existing pipes, mains, and lines, or proposed pipes, mains, and lines, such easements shall be dedicated and shall be not less than ten feet (10') in width. All rights of way and easements shall avoid entering or crossing streets whenever possible. (1962 Code § 10-903; amd. Ord. 75-O-1561, eff. 3-4-1975)

   A.   Zones: For the purposes of this chapter, the city shall be divided into three (3) zones as follows:

Blocks over six hundred sixty feet (660') are not desirable and shall not be approved except where the topography or other special conditions make it imperative, in the reasonable judgment of the planning commission, to provide longer blocks. In every case where blocks of more than nine hundred feet (900') are platted for residential development, they shall be broken near the center by a ten foot (10') walkway. No walkway shall be approved which has a grade exceeding thirty percent (30%). (1962 Code § 10-903; amd. Ord. 75-O-1561, eff. 3-4-1975)

In all subdivisions the layout of streets, alleys, lots, and easements shall be such as to provide for sanitary sewers and storm drainage in conformity with good engineering practices in a manner satisfactory to the city engineer. When construction is considered necessary to care for such drainage, such construction shall be guaranteed by the subdivider filing security for the improvements as provided in this article. (1962 Code § 10-903; amd. Ord. 75-O-1561, eff. 3-4-1975)

Front line setbacks shall be required whenever the planning commission, in the exercise of sound judgment, determines that the public health, safety, convenience, and general welfare will be conserved or furthered by such requirements. They may also be required in lieu of street widenings. When required, such building lines shall be indicated on the map at the distance from the street lines as specified. The requirement by the planning commission of such setback lines shall be evidence that the planning commission has investigated and made a finding supporting such decision. (1962 Code § 10-903; amd. Ord. 75-O-1561, eff. 3-4-1975)

Any street which is a prolongation or approximately a prolongation of an existing street shall be given the same name; otherwise no street shall be designated by the same name as that borne by any other street in the city, irrespective of the use of any suffix, such as "street", "avenue", "boulevard", "drive", "way", "place", "court", or other similar term. The planning official may recommend to the planning commission a change of the name of any street shown on a subdivision map or to designate a name when no name is shown. If the planning commission approves such recommendation or makes a different recommendation, any such recommendation shall be transmitted to the council for approval or disapproval. (1962 Code § 10-903; amd. Ord. 75-O-1561, eff. 3-4-1975)

   A.   As a condition of approval of a 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.

All streets and alleys located in any subdivision of land or immediately adjacent thereto shall be paved. The width, thickness, and type of paving shall be as required by the city engineer, having due regard to the location of the subdivision, the pavement of adjacent streets and alleys, and the anticipated use or traffic thereon. (1962 Code § 10-903; amd. Ord. 75-O-1561, eff. 3-4-1975)

   A.   The subdivider shall be required to install all utilities in keeping with the installations of utilities surrounding the subdivision according to good engineering practices for each utility and subject to the approval of the city engineer. The utilities, mains, lines, services, and appurtenances shall be shown upon the tentative map or upon a special utility map, a copy of which, approved by the particular company or division involved, shall be filed with the city engineer for review and approval prior to the approval of the final subdivision map by the council. The final subdivision map shall show the location of all necessary easements located therein. The subdivider shall file with the city engineer security as required by the city engineer in accordance with the provisions for improvement security set forth in this article, assuring the installation of all utilities within such time as the city engineer may require and in any event within not to exceed one year after the date of the approval of the final map. The city engineer shall require that the installation of all utilities shall begin within ninety (90) days after the approval of the final map and shall proceed diligently to completion. The amount of time to be allowed shall be determined by the size and complexity of the subdivision and of the utility installations. No public utility facilities or appurtenances shall be installed in any public street, alley, easement, or right of way without a permit from the city engineer. The city engineer shall be given not less than two (2) days' written notice prior to the installation of any utility in a street, alley, or easement in order that inspections may be made.

   B.   Utility mains, lines, and services shall be brought to the curb line whenever their installation is in a public street and to the lot line of each lot whenever their installation is in a public alley or in an easement. Individual service installations shall not be required to the curb line or lot line for gas installations wherever such installations are not considered to be practical by the city engineer.

   C.   Inasmuch as all large tracts of land have been subdivided and most of the lots in the city are highly restricted and already improved, in all future subdivisions all utilities shall be brought underground to the subdivision and to each lot therein by the subdivider, and all installations, including all appurtenances, shall be entirely underground insofar as it is reasonable and practical to do so from the engineering standpoint, unless the city engineer finds that because of unusual conditions and circumstances on the subdivider's property or immediately surrounding it, such an installation would work an undue and unusual hardship or would he unnecessary and serve no useful purpose. Cost alone shall not be a decisive factor. (1962 Code § 10-903; amd. Ord. 75-O-1561, eff. 3-4-1975)

It is recognized that certain parcels of land exist of such size, subject to such title restrictions, so affected by topographical location, and devoted to such usage, that it is practically impossible for the owner to conform to the rules and regulations of this article in every respect when subdividing. Exceptions may be granted in such cases only when the planning commission shall, in the exercise of sound, reasonable judgment, after an investigation and a hearing with the subdivider, determine that conditions affecting the property in question warrant and require such exceptions; provided, however, no exception may be made to any requirements imposed by laws of the state as they now exist or are hereafter amended. (1962 Code § 10-903; amd. Ord. 75-O-1561, eff. 3-4-1975)

The city engineer and the water manager and chief engineer shall estimate the cost of the checking of plans for required improvements and of all general supervision and inspections required to ensure the proper installation and completion of all improvements in accordance with the city's general requirements therefor. The subdivider shall thereupon post with the city a cash deposit, in the amount so estimated, and, upon the completion of all the work, any amount not actually used shall be refunded to the subdivider or, if the fund is exhausted before the completion of all the improvements, the subdivider shall forthwith pay to the city an amount estimated by the city engineer and the water manager and chief engineer to be sufficient to cover completion; provided, however, if the subdivision is of such magnitude that the installation and completion of improvements will extend over a period in excess of one year, the subdivider may deposit an amount estimated to be sufficient for the first year, and the city shall bill the subdivider monthly as the work progresses, which amount shall be promptly paid by the subdivider until the city engineer and the water manager and chief engineer are satisfied that the total amount paid to the city will be sufficient to cover the costs of all general supervision and inspections by the city. (1962 Code § 10-903: amd. Ord. 75-O-1561, eff. 3-4-1975)

Any improvement agreement, contract, or act required or authorized by the subdivision map act of the state, for which security is required shall be secured in the manner provided for in section 66499 of the Government Code of the state. (Ord. 75-O-1561, eff. 3-4-1975)

   A.   The improvement security shall be in the amount set forth or authorized in section 66499.3 of the Government Code of the state. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the city engineer as necessary to cover the costs and reasonable expenses and fees, including reasonable attorney fees, which may be incurred by the city in successfully enforcing the obligation secured.

   B.   The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent (10%) of the original estimated cost of the improvements. (Ord. 75-O-1561, eff. 3-4-1975)

Security given for the faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work by the city engineer. (Ord. 75-O-1561, eff. 3-4-1975)

No final map of a subdivision shall be accepted for checking by the city engineer until the planning commission action on the tentative map shall have been received by him, and then only in the event the final map shall conform to the planning commission action thereon. (1962 Code § 10-905; amd. Ord. 75-O-1561, eff. 3-4-1975)

   A.   The final map shall be filed prior to the expiration of the tentative map as provided in section 10-2-206 of this chapter.

   B.   The final map shall be filed with the city engineer, one original on tracing cloths and three (3) prints of the final subdivision map. (1962 Code § 10-906; amd. Ord. 75-O-1561, eff. 3-4-1975)

Upon the submission of a tract map for checking, the subdivider shall pay a map checking fee to the county engineer in addition to all other fees and charges required by law. Such fee shall be equal to the fee established by the county for checking tract maps. (Ord. 1187, eff. 10-14-1964; amd. Ord. 70-O-1379, eff. 3-19-1970; Ord. 75-O-1561, eff. 3-4-1975; Ord. 78-O-1690, eff. 7-20-1978)

The city engineer shall refuse to accept any final map which does not conform to all the provisions of the laws of the state, as they now exist or are hereafter amended, and to the conditions of tentative approval by the planning commission, or which map is not accompanied by the following:

   A.   A statement on the final map that all taxes payable on all property within the limits of the subdivision are paid in full, or a letter from the clerk of the board of supervisors of the county stating that a satisfactory bond has been filed to secure such payment;

   B.   A statement on the final map dedicating all streets, alleys, public improvements, and utility and easement rights to the city;

   C.   Proof of the payment of all special assessments which may be paid in full and to which the subdivision is subject, or a letter from the clerk of the board of supervisors of the county stating that, in lieu of such payment, the subdivider has filed with the board of supervisors of the county a satisfactory surety bond ensuring the payment of all interest and principal payments for a period of five (5) years from the date of the bond, and furthermore ensuring the payment of the outstanding principal in full within five (5) years after such date;

   D.   Sufficient security in the amounts required by the city engineer in accordance with the provisions of article 3 of this chapter for all improvements;

   E.   Proof from the county engineer that such tract has been checked by his office and is ready for certification by the city engineer and the council;

   F.   A declaration of restrictions, duly signed by all owners of any interest in the subdivision who sign the final subdivision map, shall be acknowledged by the signers before a notary public in a form required to enable it to be recorded in the office of the county recorder and shall be filed with the final map;

   G.   Proof from the county engineer that, at the time of making the survey for the final map, the engineer or surveyor set sufficient durable monuments to conform with the standards described in section 8771 of the Business and Professions Code of the state so that another engineer or surveyor may readily retrace the survey. In lieu of such proof, the subdivider may deposit cash with the city in an amount specified by the city engineer to cover the cost of the proper placement of the monuments. Expenditures or reimbursements of the deposit will be in accordance with the provisions of section 66497 of the Government Code of the state; and

   H.   A statement on the final map that the park and recreation facilities construction taxes set forth in title 3, chapter 1, article 7 of this code may be required to be paid upon the issuance of any building permit for the construction of any building or structure, or any addition thereto, on any property or in any building located in the subdivision. (1962 Code § 10-907; amd. Ord. 75-O-1561, eff. 3-4-1975; Ord. 78-O-1693, eff. 6-30-1978)

   A.   The city engineer shall check the final map upon receipt, and, when satisfied that all the conditions of tentative approval imposed by the planning commission have been satisfactorily met, that all the provisions of laws of the state as they now exist or are hereafter amended have been complied with, and that all centerline data, monuments, survey data, mathematical data, and computations are correctly and satisfactorily indicated on the map and on the ground, shall, within twenty (20) days after the filing by the subdivider of the final map with other required information and data, certify to its correctness thereon and transmit it, together with such other information and recommendations as deemed necessary, to the council, or shall return the map to the subdivider, together with a statement setting forth the grounds for its disapproval and the necessary steps to make it acceptable.

   B.   If the council approves the final map, it shall return the map to the clerk of the board of supervisors of the county for recordation. If the map is disapproved by the council, it shall be returned with the reasons for such disapproval to the city engineer, who shall return the same to the subdivider, together with a statement in detail of the reasons for its return. The subdivider shall thereafter, at his own option, make such additions or corrections and take such other action as necessary to overcome the objections of the council, as set forth in the statement of the city engineer, and resubmit it to the city engineer for rechecking and resubmission to the council in the same manner as in the first instance. The map shall thereafter be acted upon as set forth in section 10-2-403 of this article. Nothing contained in this section or in section 10-2-403 of this article shall be construed as prohibiting any subdivider from filing the surety bond as required by the provisions of subsection 10-2-403C of this article. (1962 Code § 10-908; amd. Ord. 75-O-1561, eff. 3-4-1975)

   A.   A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the subdivision map act of the state, except for subdivisions created by short term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of an operating right of way of a railroad corporation defined as such by section 230 of the Public Utilities Code of the state; provided, however, upon a showing made to the planning commission, based upon substantial evidence, that public policy necessitates such a map, this exception shall not apply.

   B.   Such maps shall meet all the requirements of the subdivision map act of the state and of this chapter and shall show all dedications or offers of dedication thereon. The planning commission may require that such dedications or offers of dedication be made by deed in lieu of, or in addition to, appearing on the map. (Ord. 75-O-1561, eff. 3-4-1975)

When a parcel map is required by the provisions of this article, a tentative parcel map shall first be filed with the planning official. Such map shall meet all the requirements for tentative maps provided be the subdivision map act of the state and this chapter. (Ord. 75-O-1561, eff. 3-4-1975)

Tentative parcel maps shall be processed in accordance with the procedures set forth in article 2 of this chapter. (Ord. 75-O-1561, eff. 3-4-1975)

All lots proposed to be created pursuant to the provisions of this article shall conform to the minimum requirements for new subdivisions set forth in article 3 of this chapter and shall all have frontage on a public street. (Ord. 75-O-1561, eff. 3-4-1975)

Each final parcel map shall include a statement that the park and recreation facilities construction taxes set forth in title 3, chapter 1, article 7 of this code may be required to be paid upon the issuance of any building permit for the construction of any building or structure or any addition thereto, on any property or in any building located in the subdivision. (Ord. 78-O-1693, eff. 6-30-1978)

The expiration of tentative parcel maps, and the extensions of such expiration times, shall be governed by the provisions of section 10-2-206 of this chapter. (Ord. 75-O-1561, eff. 3-4-1975)

The tentative map required by this article shall be accompanied by a current preliminary title report showing title to the property proposed to be divided to be vested in the applicant. (Ord. 75-O-1561, eff. 3-4-1975)

Tentative maps filed pursuant to the provisions of this article shall be accompanied by a fee of five hundred dollars ($500.00) to cover the costs of filing, processing, and investigations. (Ord. 75-O-1561, eff. 3-4-1975)

   A.   On receipt of the parcel map, the city engineer shall examine the map to determine if it complies with all the requirements of this article and the approved tentative parcel map. If the parcel map so complies, the city engineer shall accept the parcel map for filing and transmit the parcel map, with his report thereon, to the council for action.

   B.   The council shall approve the parcel map, unless the council finds that the parcel map is not in substantial compliance with the tentative parcel map. (Ord. 75-O-1561, eff. 3-4-1975)

If the tentative parcel map is rejected either by the planning commission, or by the council on appeal by the applicant, the applicant and his successors and assigns shall be barred from filing a new application with reference to such lot or parcel, or any part thereof, for a period of one year after the date of such rejection, except upon the grounds of new evidence or changed conditions. (Ord. 75-O-1561, eff. 3-4-1975)

On approval of the parcel map by the council, the city clerk shall notify the applicant by mail and shall transmit the original parcel map to the clerk of the board of supervisors of the county and one copy of such map to each of the following: the city engineer, the building official, and the county assessor. (Ord. 75-O-1561, eff. 3-4-1975)

Upon the submission of a parcel map for checking, the subdivider shall pay a map checking fee to the county engineer in addition to all other fees and charges required by law. Such fee shall be equal to the fee established by the county for checking parcel maps. (Ord. 78-O-1690, eff. 7-20-1978)

The council declares that this article is enacted pursuant to the requirements of the subdivision map act (division 2, title 7, of the Government Code of the state). (Ord. 1229, eff. 2-17-1966; amd. Ord. 75-O-1561, eff. 3-4-1975)

Prior to the submission of the final subdivision map, the subdivider shall file with the building and safety division a preliminary soil report, prepared by a civil engineer who is registered by the state, based upon adequate test borings or excavations of every subdivision, as defined in sections 66490 and 66491 of the Government Code of the state. The preliminary soil report may be waived if the building official shall determine that, due to the knowledge of such division as to the soil qualities of the subdivision, no preliminary analysis is necessary. (Ord. 1229, eff. 2-17-1966; amd. Ord. 75-O-1561, eff. 3-4-1975)

If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision shall be prepared by a civil engineer who is registered by the state. The soil investigation shall recommend corrective action which is likely to prevent structural damage to each structure proposed to be constructed on the expansive soil. The report shall be filed with the building and safety division. (Ord. 1229, eff. 2-17-1966; amd. Ord. 75-O-1561, eff. 3-4-1975)

The building division shall approve the soil investigation if it determines that the recommended corrective action is likely to prevent structural damage to each structure to be constructed on each lot in the subdivision. Appeals from such determinations shall be to the planning commission. The building permit shall be conditioned upon the incorporation of the approved recommended corrective action in the construction of each dwelling. (Ord. 1229, eff. 2-17-1966; amd. Ord. 75-O-1561, eff. 3-4-1975)

This article is enacted pursuant to the authority contained in sections 66421 and 66426 of the California Government Code. The provisions of this article shall apply to subdivisions involving common interest development projects as set forth in the definition of "subdivision" in section 10-2-101 of this chapter. (Ord. 06-O-2497, eff. 4-6-2006)

   A.   Purpose: Common interest development projects require special additional regulations because of special problems resulting from the divided ownership of individual units, and the purpose of this article is to provide reasonable standards for the location, design, and development of common interest development projects and the information to be contained in the precise plan of development which shall be filed with the tentative map.

   B.   Application: Except as otherwise provided in this article, the provisions of this article shall apply to both residential and nonresidential common interest development projects. (Ord. 06-O-2497, eff. 4-6-2006)

A precise plan of design shall be required for the use or development of any lot or parcel of real property for a common interest development project, irrespective of the area or size of such lot or parcel. (Ord. 06-O-2497, eff. 4-6-2006)

Each application for the approval of a precise plan of design for a common interest development project shall include the following information and documents:

   A.   A site plan with at least the following details shown to scale:

      1.   The location, height, gross floor area, and proposed uses of each existing structure to remain and for each proposed structure;

      2.   The location, use, and type of surfacing for all open storage areas;

      3.   The location and type of surfacing for all driveways, pedestrianways, vehicle parking areas, and curb cuts;

      4.   The location, height, and type of materials for walls or fences;

      5.   The location of all landscaped areas, the type of landscaping, and a statement specifying the method by which the landscaping areas shall be maintained;

      6.   The location of all recreational and open space facilities and a statement specifying the method of the maintenance thereof; and

      7.   The location of the parking facilities to be used in conjunction with each unit in the common interest development;

   B.   Three (3) copies of the plans and elevations of all structures, showing the architectural features and the types and materials of construction; and

   C.   Three (3) copies of the covenants, conditions, and restrictions or, if there are no covenants, conditions, or restrictions, any other agreements between any persons who have an ownership interest in the project and who have the right to reside in such project which will apply to the common interest development project, which covenants, conditions, and restrictions or agreements shall include, but not be limited to, the following provisions:

      1.   Provisions satisfactory to the city for the maintenance of the common areas of any such project by the city in the event of default in the maintenance of such common areas by individual owners of the units and for reimbursement to the city for any costs incurred thereby;

      2.   In nonresidential common interest development projects, the covenants, conditions, and restrictions or other agreement(s) shall include:

         a.   Provisions satisfactory to the city for parking, access and utility covenants in order to: 1) satisfy parking and access requirements imposed by this code, 2) assure the continuing availability of parking within the building at fair market value for the benefit of each parcel owner and their respective permittees, 3) assure continuous access, subject to reasonable rules and regulations imposed by the owners pursuant to any future covenants, to and through each parcel created by the subdivision as required to access any other parcel and 4) provide the owner of each parcel with structural support and the right to use existing common utility systems and equipment servicing the building.

         b.   A provision that any provision required to be included in the covenants, conditions, and restrictions or agreements by this section or by the conditions of approval imposed on the project shall not be deleted or amended without the written consent of the planning commission.

      3.   In residential common interest development projects the covenants, conditions, and restrictions or agreements shall include:

         a.   Provisions restricting the use of each residential unit to use as a single-family residence except as provided in chapter 3, article 43 of this title; and

         b.   Provisions establishing each individual unit owner's exclusive right to the use of specifically designated covered parking spaces sufficient to satisfy the code required parking for each unit or, if a reduction in the required parking for a conversion is granted pursuant to this article, provisions establishing each individual unit owner's exclusive right to the use of not less than one specifically designated covered parking space for each unit; and

      4.   A provision that any provision required to be included in the covenants, conditions, and restrictions or agreements by this section or by the conditions of approval imposed on the project shall not be deleted or amended without the written consent of the planning commission. (Ord. 06-O-2497, eff. 4-6-2006)

In addition to the general application requirements set forth in section 10-2-201 of this article, applications for a tentative map to convert an existing apartment building to a common interest development or to convert a common interest development created prior to January 1, 2006, to another form of common interest development pursuant to sections 10-2-707 through 10-2-711 of this article, shall include a report on the physical elements of each structure and facility within the subdivision that includes, but is not limited to, the following:

   A.   A report prepared by a licensed architect detailing the condition of each element of the property including:

      1.   Foundations;

      2.   Roofs;

      3.   Electrical;

      4.   Plumbing;

      5.   Utilities;

      6.   Walls;

      7.   Ceilings;

      8.   Heat insulation factors;

      9.   Windows;

      10.   Recreational and open space facilities;

      11.   Sound transmission characteristics between units;

      12.   Mechanical equipment;

      13.   Fire protection equipment;

      14.   Parking facilities; and

      15.   Appliances.

For each element listed above, the report shall state, to the best knowledge or estimate of the applicant, the following: a) the date the building permit was originally issued for each element (or the date the permit was issued for the most recent replacement of the original element); b) the replacement cost of the element at the time the report is prepared; and c) the current condition of each element. If applicable, the report shall describe why the physical condition of each element does not comply with current zoning, housing or building code and shall identify how each defective or unsafe element will be repaired.

   B.   A report prepared by a licensed structural pest control operator describing the general condition of the entire project. In addition, prior to the approval of the final map, the applicant shall also cause to be prepared by a licensed pest control operator a pest infestation and dry rot report for each individual unit in the project;

   C.   A structural engineer's evaluation of the integrity of the foundations. If a soils report was not done at the time of original construction, or if there has been soil movement since construction, the application for conversion shall also include a report on any known soil and geological conditions regarding soil deposits, rock formations, faults, ground water and landslides in the vicinity of the project, and a statement regarding any known evidence of soils problems relating to the structures on the project site. Reference shall be made to any previous soils reports for the site and a copy of said prior reports shall be submitted with the soils report required by this section.

   D.   A statement of the repairs and improvements the subdivider proposes to refurbish and restore the project to achieve a high degree of appearance and safety.

   E.   An affidavit attesting to compliance with the noticing requirements prescribed by section 10-2-710 of this article. (Ord. 06-O-2497, eff. 4-6-2006)

Applications for the approval of precise plans of design for common interest development projects shall be made in such form as the director of community development shall prescribe, and all applications for the approval of precise plans of design shall be considered by the planning commission, irrespective of the area of the lot or parcel involved in any such project. (Ord. 06-O-2497, eff. 4-6-2006)

A tentative map of a common interest development project may be approved subject to the imposition of reasonable conditions relating to the design and improvement of the subdivision. (Ord. 06-O-2497, eff. 4-6-2006)

   A.   Code Compliance Required: Except as otherwise provided by this article, neither a tentative map nor a precise plan of design for a new common interest development project or for the conversion of an existing building to a common interest development or the conversion of an existing common interest development created prior to January 1, 2006, to another form of common interest development shall be approved unless the project will comply with the building codes and zoning regulations and all the other requirements of this code in effect at the time of application.

   B.   Exception For Conversion Of Character Contributing Buildings: Notwithstanding the provisions of subsection A of this section, it is recognized that certain multi-family residential buildings that cannot feasibly comply with current building codes and zoning regulations may be of continued value if otherwise allowed to be converted to common interest developments, and upgraded and rehabilitated to generally conform to the provisions of this article and other code requirements.

For the purposes of this article, and all related sections of this code, a character contributing building shall mean any multi-family residential building that the planning commission determines, due to its proportions and scale, design elements, and relationship to the surrounding development, is of continued value and contributes to defining the character of the community as a whole. In making this determination, the planning commission shall make the following findings:

      1.   The building to be converted is not substantially greater in massing and scale than the surrounding streetscape. In making this determination, the planning commission may compare the relative lot coverage, height and setbacks of the building being converted to the lot coverage, height and setbacks of developments on parcels in the same block.

      2.   And either:

         a.   The building to be converted and/or the project site design contribute(s) to community character through the use of: 1) architecturally pure styles that foster congruous designs and details that are similar or complementary in scale and mass to other nearby structures; 2) features visible from the public street, including, but not limited to, courtyards, balconies, open space, building modulation, or any other similar characteristics that, as a result of the conversion, would be maintained, restored or refined in a manner consistent with the general criteria of architectural review set forth in section 10-3-3010 of this title; or

         b.   The interior spaces of the building to be converted contribute to community character through the use of architectural features and high quality construction finishes and features such as crown molding, hardwood floors, fireplaces, stairways, and built in cabinets in individual units; private courtyards, balconies, and/or interior open spaces; interior fountains; or any other similar characteristics or features that, as a result of the conversion, would be maintained, restored or refined in a manner consistent with the general criteria of architectural review set forth in section 10-3-3010 of this title.

   C.   Architectural Review Required: Nothing in this article shall relieve a project to convert an existing building to a common interest development from the architectural review requirements of chapter 3, article 30 of this title. (Ord. 06-O-2497, eff. 4-6-2006)

Except as otherwise provided in this article, the conversion of an existing multi-family residential apartment to any form of common interest development or the conversion of a common interest development created before January 1, 2006, to any other form of common interest development shall comply with all of the provisions set forth in this section and section 10-2-709 of this article. The provisions of this article are intended to augment and be in addition to the provisions of articles 1, 2, 3 and 4 of this chapter.

   A.   Inspections:

      1.   Distribution Of Reports: Upon receipt of the application for subdivision for the purpose of conversion of an existing multi- family residential building from apartments to common interest ownership, the director of community development or his/her designee shall submit copies of the applicable reports or documents required by section 10-2-704.1 of this article, to the fire department, community development department - building and safety division, and other departments as appropriate.

      2.   Building Inspection: The building official or his/her designee shall inspect each proposed conversion project and shall prepare a written report (the "building inspection report") detailing the repairs and/or upgrades necessary for the project to meet the standards of the current building and housing codes. The cost of such inspection shall be borne by the subdivider.

      3.   Fire Inspection: The fire marshal shall inspect or cause an inspection to be made of each proposed conversion project to determine the sufficiency of fire protection systems serving that project and shall prepare a written report (the "fire inspection report") detailing the repairs and/or upgrades necessary for the project to meet the standards of the current fire code. The cost of such inspection shall be borne by the subdivider.

      4.   Zoning Compliance Inspection: The city planner or his/her designee shall cause an inspection to be made of each proposed conversion project to ascertain whether the project was constructed in compliance with applicable requirements of the zoning ordinance in effect at the time the project was constructed. The cost of such inspection shall be borne by the subdivider. (Ord. 06-O-2497, eff. 4-6-2006)

Except as expressly provided in this article, no application to convert an existing multi-family residential apartment building to any form of common interest development or to convert an existing common interest development created prior to January 1, 2006, to any other form of common interest development shall be approved unless the proposed conversion will conform to each and every standard set forth in this section. These standards are in addition to the findings required for any concurrent application for a development plan review pursuant to chapter 3, article 31 of this title.

   A.   Mandatory Minimum Standards: The proposed conversion shall conform to all of the following minimum standards:

      1.   Life Safety Requirements:

         a.   Smoke detectors shall be provided in sleeping rooms, in hallways leading to sleeping rooms, at the top of stairs, and in all public corridors. Smoke detectors shall be hardwired with battery backup in accordance with the provisions of section 9-1-202 of this code and section 310.9.1 of the California Building Code or any successor statute or regulation.

         b.   Buildings that contain 1) three (3) or more stories or 2) sixteen (16) or more dwelling units shall be provided with both a manual and an automatic fire alarm system in public areas in accordance with the requirements set forth in California Building Code section 310.10 or any successor statute or regulation.

         c.   Doors opening into public corridors shall be a minimum one and three-eighths inch (13/8") thick solid wood core or twenty (20) minute fire rated and shall be self-closing and latching in accordance with the requirements set forth in section 402.4 uniform code for building conservation or any successor statute or regulation.

         d.   Interior doors opening into enclosed stairways shall be fire rated and self-closing and latching as required by California Building Code section 1005.3.3.5 or any successor statute or regulation.

         e.   All public corridors shall have illuminated exit signs indicating the path of travel along the exit system and emergency backup power shall be provided for the exit signs in accordance with the provisions of California Building Code 1003.2.8 or any successor statute or regulation.

         f.   Emergency backup power shall be provided for egress lighting in all public areas, including corridors, stairways, lobbies, attached parking garages and elevator cabs and shall provide a minimum illumination of one foot-candle at the floor level as required by section 9-1-302 of this code and California Building Code section 1003.2.9.1 or any successor statute or regulation.

         g.   A means of two-way communication shall be provided between all elevator cabs and the outside of the elevator in accordance with the provisions of California Building Code section 3003.4.10 or any successor statute or regulation.

         h.   Portable fire extinguishers shall be provided in accordance with section 1002 of the California Fire Code or any successor statute or regulation.

         i.   The building address number shall be conspicuously displayed at the front entry and the number and street name shall be displayed at the rear alley in accordance with the provisions of section 9-1-202 of this code.

         j.   Buildings with six (6) or more dwelling units shall display a descriptive diagram at the front entry of the building indicating the location of each dwelling unit within the building in accordance with the provisions of section 9-1-202 of this code.

         k.   All fire protection systems installed in multi-residential occupancies shall be inspected, serviced and maintained in accordance with the requirements of title 19 of the California Code of Regulations or any successor statute or regulation.

         l.   All fire alarm systems shall be inspected, serviced and maintained annually by an appropriately licensed contractor in accordance with the requirements of regulation 72 of the National Fire Protection Association.

      2.   Electrical Requirements:

         a.   Ground fault circuit interrupter (GFCI) protection shall be provided for all electrical receptacles in bathrooms, serving kitchen counters, in garages or outdoors in accordance with the provisions of uniform code for building conservation - 4 guideline 3.1 and California Electrical Code section 210.8 or any successor statutes or regulations.

         b.   Each dwelling unit shall be provided with a minimum sixty (60) amp electrical panel and feeder in accordance with the provisions of uniform code for building conservation - 4 guideline 3.1 and California Electrical Code section 230.79 or any successor statutes or regulations.

         c.   A separate electrical meter shall be provided for each dwelling unit and the common public area.

         d.   Electrical systems over fifty (50) volts shall be grounded in accordance with the provisions of uniform code for building conservation - 4 guideline 3.1 and California Electrical Code section 250.20 or any successor statutes or regulations.

         e.   Weatherproof covers shall be provided for all exterior receptacles in accordance with the provisions of California Electrical Code section 406.8(B) or any successor statute or regulation.

      3.   Plumbing Requirements:

         a.   A temperature and pressure relief valve shall be provided for all water heaters in accordance with the provisions of California Plumbing Code section 505.3 or any successor statute or regulation.

         b.   Water heaters shall be seismically braced with a minimum of two (2) straps in accordance with the provisions of California Plumbing Code section 510.5.1 or any successor statute or regulation.

         c.   Water heaters shall be properly vented to the outside in accordance with the requirements of California Plumbing Code section 512 or any successor statute or regulation.

         d.   Water heaters shall be provided with sufficient combustion air in accordance with the requirements of California Plumbing Code section 507.0 or any successor statute or regulation.

         e.   Potable water shall have backflow protection where necessary to prevent potential cross connection (contaminating potable water with nonpotable water or other pollutants) in accordance with the requirements of California Plumbing Code sections 602 and 603 or any successor statutes or regulations.

         f.   Dishwashers shall be connected to the drainage system through an approved air gap fitting in accordance with the requirements of California Plumbing Code section 807.4 or any successor statute or regulation.

      4.   Mechanical Requirements:

         a.   Habitable areas shall be provided with permanent heating facilities capable of maintaining a temperature of seventy degrees Fahrenheit (70°F) at a height of three feet (3') above the floor in accordance with the requirements of uniform code for building conservation section 701.4 and California Building Code section 310.11 or any successor statutes or regulations.

         b.   Gas heating equipment shall be properly vented to the outside in accordance with California Mechanical Code section 801 or any successor statute or regulation.

         c.   Gas heating equipment shall be provided with sufficient combustion air in accordance with the requirements of California Mechanical Code section 701 or any successor statute or regulation.

         d.   Permanently installed HVAC equipment shall be fastened in place to resist seismic loads in accordance with the requirements of California Mechanical Code section 304.4 or any successor statute or regulation.

      5.   Structural Requirements:

         a.   The owner of or applicant for the proposed conversion shall provide a structural analysis report for seismic resistance prepared by a California state licensed engineer or California state licensed architect. Said report shall include, but not be limited to, the following topics:

            (1)   Cripple wall/anchor bolt (uniform code for building conservation chapter 3)

            (2)   Soft story (uniform code for building conservation chapter 4)

            (3)   Nonductile building (uniform code for building conservation chapter 5)

The report shall establish compliance with the structural requirements set forth in the above chapters of the uniform code for building conservation by clearly demonstrating to the satisfaction of the building official that no structural deficiencies exist and no mitigation is required. Alternatively, the owner or the applicant shall submit plans for structural alterations necessary to comply with the structural requirements set forth in those chapters. Said plans shall be prepared in accordance with the requirements in the most recent "Guidelines For Seismic Retrofit Of Existing Buildings" published by the International Conference of Building Officials and shall be submitted to the building official for review and approval.

      6.   Pest Control Requirements:

         a.   A licensed exterminator, or equivalent, shall certify that all structures in the building or buildings to be converted is/are free from insect or rodent infestation.

      7.   Handrail, Guardrail, Stairs, Pool Barriers:

         a.   At least one handrail shall be provided on all stairs with four (4) or more risers in accordance with the requirements of uniform code for building conservation section 405.1 and California building code section 1003.3.3.6 or any successor statutes or regulations.

         b.   The vertical rise and horizontal run of a stair shall not vary by more than three-eighths inch (3/8") over a flight of stairs in accordance with the requirements of uniform code for building conservation section 405.1.1 and California building code section 1003.3.3.3 or any successor statutes or regulations.

         c.   Guardrails shall be provided at any areas adjacent to an opening with a thirty inch (30") drop off or more. The guardrail shall be at least thirty six inches (36") high and shall have openings which do not allow the passage of a four inch (4") diameter sphere in accordance with the requirements of uniform code for building conservation section 405.2 and California building code section 509 or any successor statutes or regulations.

         d.   Swimming pools shall be enclosed by a barrier in accordance with the provisions of California building code section 3118B or any successor statute or regulation and section 9-1-602 of this code. The barrier shall be at least five feet (5') high, shall have openings that do not allow the passage of a four inch (4") diameter sphere, and shall not be climbable by small children. Gates through the barrier shall be self-closing and latching and must open outward away from the pool. All gate latches shall be located at a height of at least four and one-half feet (41/2').

      8.   Security Requirements:

         a.   Openings into individual dwelling units shall comply with the security provisions of the uniform building security code or any successor statutes or regulations.

         b.   Doors with a deadlock that requires a key to open from the inside shall be replaced with an approved lock in accordance with the requirements of California building code section 1003.3.1.8 or any successor statute or regulation.

         c.   Required egress windows in sleeping rooms shall not be blocked by a security grill or grate that does not have an approved release device in accordance with the requirements of California building code section 310.4 or any successor statute or regulation.

      9.   Miscellaneous Requirements:

         a.   Any construction work requiring a permit that was done without the appropriate permit shall be properly permitted and inspected in accordance with the requirements of the Beverly Hills administrative code set forth in title 9, chapter 1, article 1 of this code.

         b.   The property shall be maintained in accordance with sections 5-7-3, 5-7-4 and 5-7-5 of this code.

         c.   The roof of any structure on the property shall be covered to a class A fire retardant roof no later than July 1, 2013, in accordance with the provisions of section 9-1-202 of this code.

         d.   No certificate of completion for the building being converted shall be issued until the building official has inspected and verified that the building complies with each and every building standard set forth in this subsection A and has assigned addresses for the individual units within the building.

No application to convert an existing multi-family residential apartment building to any form of common interest development or to convert an existing common interest development created prior to January 1, 2006, to any other form of common interest development may be granted a waiver from compliance with any standard required by this subsection A.

   B.   Building And Zoning Regulations: In addition to the requirements set forth in subsection A of this section, the proposed conversion shall conform to the applicable standards of the city's building code, the city's housing code, the city's fire code and the city's zoning code in effect on the date the city determines the application for conversion is complete. Notwithstanding the foregoing, and subject to the provisions of subsection H of this section, the planning commission may modify or waive one or more of the requirements of this subsection and subsection 10-2-707A of this chapter, for an application to convert a character contributing building to a common interest development, provided, based on a written report from the building official, the planning commission determines that, due to the existing physical limitations of said character contributing building, strict application of the provisions of this subsection would require physical alterations to the structure that would irreparably damage or remove the character defining features of the building, and provided further that the requested waiver does not seek waiver of any mandatory minimum standard required by subsection A of this section.

   C.   Pest Control: The subdivider shall repair or replace any damaged or infested areas in need of repair or replacement as shown in the structural pest control report required by section 10-2-704.1 of this article to the satisfaction of the city building official.

   D.   Laundry Facilities: If the proposed conversion will not provide a common laundry area, a laundry area shall be provided in each individual unit. If common laundry areas are provided to serve the entire project, each project shall provide, at a minimum, a laundry area(s) with not less than one automatic washer and dryer for each five (5) units, or fraction thereof, in the project. Notwithstanding the foregoing, the planning commission may modify the requirements of this section for an application to convert a character contributing building to a common interest development, provided the planning commission finds that, due to the existing physical limitations of said character contributing building, strict application of the provisions of this section would require physical alterations to the structure that would irreparably damage or remove the character defining features of the building.

   E.   Landscape And Open Space Requirements; Installation And Maintenance:

      1.   Prior to the issuance of the final map for any proposed conversion, the subdivider shall install new landscaping or shall restore existing landscaping, as appropriate, subject to review and approval by the architectural commission in accordance with the approved comprehensive plan for the rehabilitation of the exterior elements of the property as required by subsection G of this section. In addition, all landscaping installed or restored on the project site as part of the comprehensive plan for rehabilitation shall be maintained in perpetuity to achieve a high degree of appearance and quality.

      2.   The proposed conversion shall comply with all applicable provisions of chapter 3, article 28 of this title with respect to landscaped setbacks, usable open space and/or facade modulation. Notwithstanding the foregoing, for an application to convert a character contributing building to a common interest development, if the subject building has been determined to be a character contributing building in part due to notable semipublic site features, including, but not limited to, courtyards, balconies, open space, building modulation or any other similar characteristics, the planning commission may waive compliance with any of the standards imposed by this subsection, provided the planning commission finds that, due to the existing physical limitations of said character contributing building, strict application of the provisions of this section would require physical alterations to the structure that would irreparably damage or remove the character defining features of the building. Such a waiver shall not exempt the subdivider from architectural review as otherwise required by this code.

   F.   Condition Of Equipment And Appliances: The developer shall provide a one year warranty to the buyer of each unit at the close of escrow on any dishwasher, garbage disposal, stove, refrigerator, hot water tank, and air conditioner that is provided as a condition of sale or occupancy. At such time as the homeowners' association takes over management of the development, the developer shall provide written certification to the association that any improvements, such as pools and pool equipment (filters, pumps, and chlorinators), spas, saunas and other appliances and mechanical equipment to be owned in common by the association, are in operable working condition.

   G.   Refurbishing And Restoration: In connection with an application for a tentative map to convert an existing multi- family residential apartment building or a common interest development previously created prior to January 1, 2006, to any form of common interest development, the subdivider shall submit a comprehensive plan for the rehabilitation of the exterior elements of the property. Said comprehensive plan shall provide for the rehabilitation and restoration of each building, structure, fence, patio enclosure, carport, accessory building, sidewalk, driveway, paved area, landscaped area, and additional exterior element of the site, as necessary, to achieve a high degree of appearance, quality and safety, subject to review and approval by the architectural commission. Prior to consideration of the final map, the architectural commission shall review the comprehensive plan and, through its review, shall expressly identify those elements, if any, which the planning commission found contributed to the determination of the project as a "character contributing building" in accordance with section 10-2-707 of this chapter and incorporate measures to ensure that the refurbishment and restoration of those elements preserves said character defining features.

   H.   Parking:

      1.   Spaces Required: Off street parking shall be provided in accordance with the applicable provisions of chapter 3 of this title. No open space may be eliminated to expand on site parking. As a condition of approval of the tentative subdivision map, the planning commission may require the subdivider to replace or expand an existing freestanding parking structure pursuant to exceptions as noted in section 10-3-2808 of this title for the replacement or expansion of a nonconforming garage or carport in the rear setback. Notwithstanding the foregoing, in connection with an application to convert a character contributing building to a common interest development, the planning commission may permit the modification of the required number of on site parking spaces and the minimum standards with regard to stall and aisle dimensions for required parking spaces provided the commission finds that, due to the existing physical limitations of said character contributing building, strict application of the provisions of this subsection would require physical alterations to the structure that would irreparably damage or remove the character defining features of the building. Under no circumstances, however, may the planning commission approve an application to convert an existing multi-family residential apartment building or a common interest development previously created prior to January 1, 2006, to a common interest development that provides less than one covered parking space per unit.

      2.   Assignment And Use Of Required Off Street Parking Spaces: Either the covenants, conditions and restrictions, or similar ownership agreements of the common interest development shall incorporate the following parking requirements:

         a.   Required off street parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project on the basis of the parking spaces required per unit. For projects where the planning commission has approved less than code required parking, each unit shall be assigned the exclusive right to the use of not less than one specifically designated covered parking space.

         b.   To the maximum practical extent, the spaces assigned to each unit shall be contiguous.

         c.   All parking spaces shall be for the use of unit owners.

         d.   All studio and one bedroom units shall be assigned one parking space and may rent additional spaces from the association as available.

         e.   The space(s) assigned to a particular unit may not be tandem with the spaces assigned for any other unit.

         f.   All parking spaces, except those specifically designated for the storage of recreational vehicles, shall be used solely for the purpose of parking motor vehicles as defined by the Vehicle Code of the state of California and shall not be used for trailers, unmounted campers, boats, or other recreational vehicles.

   I.   Acceptance Of Reports: The final form of the physical elements report and other documents shall be as approved by the director of community development or his/her designee. The reports required by this article, in their accepted form, shall remain on file with the department of community development for review by any interested person and shall be transmitted to the planning commission as part of the application packet submitted for their review.

   J.   Copy To Buyers: The subdivider shall provide each purchaser of a residential unit with a copy of each report (in its final, accepted form).

   K.   Long Term Reserves: Prior to approval of the final map, the developer shall prepare and submit a reserve study as required by California Civil Code section 1365 to the director of community development and shall provide purchasers with a disclosure, in the form prescribed by California Civil Code section 1365.2.5 or any successor statute.

   L.   Submittal Of Budget: Prior to approval of the final map, the subdivider shall submit to the director of community development or his or her designee a copy of the proposed budget for maintenance and operation of common facilities submitted to the California department of real estate, including needed reserves, along with any changes in the budget required by the department of real estate. (Ord. 06-O-2497, eff. 4-6-2006; amd. Ord. 16-O-2719, eff. 1-20-2017)

With regard to all forms of common interest development conversions, the property owner shall be responsible to give each tenant and each prospective tenant all applicable notices as required by this code in accordance with chapter 3, article 2.5 of this title and state law. (Ord. 14-O-2661, eff. 6-20-2014)

The tenant protections set forth in this section shall apply to the conversion of existing multi-family residential apartment buildings or common interest developments created prior to January 1, 2006, to any form of common interest development.

   A.   Tenant's Right To Purchase: In accordance with the provisions of California Government Code section 66427.1(d) or any successor statute, any tenant shall be given notice of an exclusive right to contract for purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

   B.   Temporary Relocation Of Tenants During Construction: If temporary relocation of any tenant is necessary for renovation or rehabilitation of a unit between the date of submission of the tentative map application and the date established for permanent relocation of the tenant, the subdivider shall provide equivalent substitute housing for that tenant and his or her household, at no additional cost to the tenant, during the period that tenant's unit is being renovated or rehabilitated. Such substitute housing shall be within the city limits unless a different agreement is made between the subdivider and the tenant by mutual consent. Any tenant temporarily relocated shall have the right to return to his or her former unit until the expiration of all rights granted to such tenant under this code and applicable provisions of state law. The obligation to relocate the tenant to alternate housing imposed on the subdivider by this section shall only apply if the unit being renovated or rehabilitated is not habitable during such construction. The final determination of habitability and suitability shall be made by the city's building official or his or her designee. The subdivider shall avoid the economic displacement of nonpurchasing tenants in accordance with California Government Code section 66427.5 or any successor statute.

   C.   Lease Period For Senior Tenants: In accordance with Government Code section 7060.4, any tenant who is sixty two (62) years of age or older or is disabled and has lived in an apartment for at least one year prior to the date that the landlord delivers notice to the city pursuant to subsection 4-5-511B2 of this code or equivalent notice of an intent to withdraw a unit from the rental market, shall have his or her tenancy extended to one year after the date of delivery of that notice to the city, provided that the tenant gives written notice of his or her entitlement to an extension to the landlord within sixty (60) days after the date of delivery to the city of the notice. In that situation, the following provisions shall apply: 1) the tenancy shall be continued on the same terms and conditions as existed on the date of delivery of the notice, 2) no party shall be relieved of the duty to perform any obligation under the lease or rental agreement.

   D.   Relocation Benefits:

      1.   Relocation Fee Required: Any subdivider who serves a notice of intent to convert on tenants pursuant to section 10-2-710 of this chapter shall pay a relocation fee to each tenant in accordance with the provisions of this section. Such relocation fee shall be due and payable to each tenant who is not in default under his or her tenancy and does not exercise his or her right to purchase his or her unit unless the subdivider notifies each tenant in writing of the withdrawal of the notice of intent to convert prior to such time as the tenant has: a) given the subdivider notice of his or her last date of occupancy, or b) vacated his or her unit if such notice of the last date of occupancy is not given by the tenant. The subdivider must file a copy of such withdrawal notice with the director of community development within one week after serving such notice on the tenant.

      2.   Amount Of Fee: The relocation fee due each tenant shall be calculated as follows:

         a.   Tenants Who Vacate Without Extending Tenancy: For any tenant who vacates his or her unit without electing to extend his or her tenancy pursuant to subsection C of this section, the relocation fee shall be calculated as provided in section 4-5-605 of this code for rent stabilization units.

         b.   Tenants Who Extend Tenancy: For any tenant who elects to extend his or her tenancy under subsection C of this section, the relocation fee shall be limited to the actual cost of moving not to exceed a maximum of five thousand dollars ($5,000.00) per tenant household.

         c.   Annual Adjustments: The amount of relocation assistance established by this section shall be increased annually by an amount equal to the annual increase in the "Consumer Price Index For All Urban Consumers For The Los Angeles-Riverside-Orange County Areas" (the "CPI"), including all items as published by the U.S. bureau of labor statistics as of March 1 of each year. For the purposes of this article, the CPI change will be measured from January 1 to January 1.

      3.   Time Of Payment: The relocation fee or pro rata share thereof shall be paid to any tenant who vacates the apartment unit at the time he or she vacates said unit.

      4.   Applicability: Those parties who lease a unit in a building being converted to a common interest development subsequent to the date the application for conversion is determined by the city to be complete shall not be eligible to receive relocation benefits in accordance with this subsection D; provided the subdivider gave such parties written notice of the pending application for conversion at the time such parties entered their respective leases. Such notice shall comply with the requirements of California Government Code section 66452.8(b) or any successor statute. If the subdivider fails to give notice pursuant to this section, the subdivider shall pay to each such party who becomes a tenant, and who was entitled to such notice, and who does not purchase his or her unit pursuant to subsection A of this section, an amount equal to two (2) times the monthly rent for moving expenses.

   E.   Limitations On Evictions: No tenant shall be evicted as the result of the conversion of an existing apartment building to a common interest development pursuant to this article for at least one hundred eighty (180) days from approval of the final map for the project and the expiration of the ninety (90) day period of the exclusive option to purchase the unit described in subsection A of this section as provided by California Government Code section 66427.1 or any successor statute. The protections afforded tenants by this subsection shall only extend to tenants who are not in default under their rental agreement.

   F.   Grounds For Denial: If the planning commission makes any of the following determinations, that determination may serve as prima facie evidence that the proposed tentative map is not consistent with the city's general plan.

      1.   The planning commission determines that during the one hundred eighty (180) days prior to filing a notice of intent to convert pursuant to section 10-2-710 of this article vacancies in the project have been unlawfully increased, or elderly or permanently disabled tenants unlawfully displaced or discriminated against in leasing units, or unlawful evictions have occurred for the purpose of preparing the building for conversion.

      2.   The planning commission determines that during the one hundred eighty (180) days prior to filing a notice of intent to convert pursuant to section 10-2-710 of this article, rents in the project have been increased in excess of the increases permitted by chapter 5 or chapter 6 of title 4 of this code, as applicable.

      3.   The planning commission determines that the subdivider has knowingly submitted incorrect information (to mislead or misdirect efforts by agencies of the city in the administration of this code).

      4.   The planning commission determines, based on a report from the building official, that the residential rental units in the project have not been maintained to the standard of habitability prescribed by section 1941 of the California Civil Code.

If the tentative map is disapproved on any of the grounds set forth in this section, the subdivider may not reapply for eighteen (18) months from the date of denial. In evaluating the determination under subsections F1 and F2 of this section, the increase in rental rates for each unit over the preceding five (5) years and the average monthly vacancy rate for the project over the preceding three (3) years shall be considered. In the evaluating displacement of elderly tenants, any such displacements over the preceding three (3) years, and the reasons therefor, shall be considered. (Ord. 06-O-2497, eff. 4-6-2006)

   A.   Annual Limitation: An annual limitation is hereby imposed on the conversion of existing residential rental units to common interest developments. Said limitation shall be as follows:

      1.   Character Contributing Buildings: For buildings designated as character contributing buildings in accordance with section 10-2-707 of this article, applications for conversion up to an aggregate maximum of one and one-half percent (1.5%) of the existing multi-family residential rental stock as of January 1 of each calendar year may be approved by the planning commission in any calendar year.

      2.   All Other Multi-Family Residential Buildings: For all multi- family residential buildings other than character contributing buildings, applications for conversion up to an aggregate maximum of one-half percent (0.5%) of the existing multi-family residential rental stock as of January 1 of each calendar year may be approved by the planning commission in any calendar year.

The actual physical number limit for each category of conversion shall be determined annually by the director of community development or his or her designee and shall be made available in the department of community development. The planning commission may consider a request to exceed the foregoing annual limitations on conversions in conjunction with an application for a density bonus permit pursuant to article 15.2 of chapter 3 of this title.

Notwithstanding the foregoing, in applying the annual limitations established by this section, an application to convert existing residential rental units to common interest developments may be approved for a specific project even if such conversion would exceed the applicable limitation for that category of conversions for the current calendar year, provided that at least fifty percent (50%) of the residential rental units in the project to be converted can be accommodated under the remaining annual limitation for said category for that calendar year, and further provided that granting the approval to allow the conversion of the residential rental units in the project will not cause the annual limitation established by this section to be exceeded by more than fifty (50) units for said category of conversions for the calendar year.

   B.   Waiting List: If an applicant for a tentative map to convert an existing residential rental unit to a common interest development is denied such permit or entitlement because of the provisions of this section, the applicant shall be placed on a waiting list. Applicants on the waiting list shall have priority over all other applicants for available permits or entitlements, with order of priority determined by the date the city determines that the original application is complete. An applicant on the waiting list shall be notified by the director of community development or his/her designee of the first available time which such permit or entitlement could be issued. Such applicant shall have two (2) weeks from the date of such notice to notify the director of community development or his/her designee of the applicant's intent to accept such permit or entitlement. Failure to respond to the notice of the director of community development or his/her designee within such time shall be deemed to be notice of intent of such applicant not to accept such permit or entitlement, and such applicant's name shall be removed from the waiting list. Upon receipt of notice of intent not to accept such permit or entitlement, or if two (2) weeks have passed from the date of the notice of availability without a response from such applicant, the director of community development or his/her designee shall notify the next applicant on the waiting list to whom such permit or entitlement could be issued.

   C.   Exemption: The provisions of this section shall not apply to the demolition of the existing residential rental units where such demolition is necessary in order to accommodate the construction of new residential rental housing units. (Ord. 06-O-2497, eff. 4-6-2006)

If requested in writing by either the applicant for a proposed conversion or by an existing tenant in the building being converted (collectively, the "parties"), city staff shall assist the parties in setting up a voluntary conflict resolution process acceptable to both parties to resolve any landlord/tenant issues that arise during the conversion process. (Ord. 06-O-2497, eff. 4-6-2006)

Notwithstanding any other provision of this article, if a common interest development created prior to January 1, 2006, satisfies each of the mandatory minimum standards required by subsection 10-2-709A of this article, said common interest development may be converted to another form of common interest development without otherwise complying with the provisions of this article. (Ord. 06-O-2499, eff. 4-6-2006)

For the purposes of this article, "lot line adjustment" shall mean any adjustment between two (2) or more existing adjacent parcels where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990)

Any person who desires to adjust a lot line as defined in section 10-2-801 of this article and does not wish to record a map pursuant to the provisions of articles 1 through 5 of this chapter or of the subdivision map act (sections 66410 through 66499 of the Government Code of the state) shall comply with the provisions of this article. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990)

The applicant for a lot line adjustment shall file with the planning director an original and four (4) signed, legible prints of the following map prepared by a licensed surveyor or registered civil engineer on sheets of tracing cloth or polyester base film eighteen inches (18") wide by twenty six inches (26") long:

   A.   A map drawn to scale showing each affected parcel containing the exact dimensions and bearings of each existing line, plus the area of each lot; the proposed new lot lines shown in dashed lines, plus the new dimensions and areas of each lot; dimensions and areas shall be clearly labeled "existing" and "proposed";

   B.   The map shall also show the existing improvements on each lot and the existing and proposed setback dimensions;

   C.   The map shall also show all easements and public rights of way over the affected parcels;

   D.   The map shall include the legal description of each parcel, the signatures of all owners of each affected parcel, the name and address of the person making the application, and the name and address of the engineer or surveyor who drew the map.

No record of survey shall be required for a lot line adjustment unless required by section 8762 of the Business And Professions Code. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990)

Except as otherwise provided in section 10-2-805 of this chapter regarding nonconforming lots, all lots proposed to be altered pursuant to the provisions of this article shall conform to the minimum requirements for subdivisions set forth in article 3 of this chapter and to the minimum requirements set forth in the city's zoning provisions. (Ord. 13-O-2648, eff. 11-3-2013)

Upon receipt of the map, the director shall examine it to see whether it complies with all the requirements of this article and whether:

   A.   The proposed lot line adjustments will not deny access to any parcel;

   B.   The proposed lot line adjustment will not result in a conflict with any public or private easement; and

   C.   The proposed lot configurations conform with the local general plan, any applicable specific plan, and meet all standards of the zoning, subdivision, and building ordinance provisions, except that existing, legally nonconforming lots need not meet all standards of the zoning, subdivision, and building ordinance provisions, provided that the proposed lot line adjustment will result in either a decrease or no change in the degree of any existing nonconformity, and will not create a new nonconformity.

      Public noticing for a lot line adjustment proposal shall be provided in accordance with article 2.5 of this chapter for a planning review and the city's public notice guidelines.

      If the director makes these findings, the director may approve the adjustment. However, if in the opinion of the director, an application merits review by the planning commission, the director may refer such application to the planning commission and the planning commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the requested lot line adjustment. (Ord. 13-O-2648, eff. 11-3-2013; amd. Ord. 23-O-2870, eff. 2-3-2023)

If an applicant is dissatisfied with the decision of the director, the decision may be appealed to the planning commission. Such appeal shall be in writing and shall be received by the City Clerk's Office within fourteen (14) days after the date of the director's action.

Any decision of the planning commission, either as the initial reviewing authority for the lot line adjustment or on appeal of a director decision, may be appealed by the applicant to the city council pursuant to title 1, chapter 4, article 1 of this code. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990; Ord. 23-O-2870, eff. 2-3-2023)

If the decision of the director is appealed to the planning commission, the planning commission may reject, uphold, or modify the decision of the director. The decision of the commission shall be further appealable to the city council, pursuant to section 10-2-806, which may reject, uphold, or modify the decision of the planning commission. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990; Ord. 23-O-2870, eff. 2-3-2023)

Upon approval, appropriate documentation consistent with the provisions of sections 8760 through 8772 of the Business And Professions Code of the state shall be filed in the office of the county recorder by the applicant at the applicant's expense. No building permit to construct any improvements upon the lots indicated on such map shall be issued until the applicant has submitted proof of such filing to the building director. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990)

No person shall offer to sell, contract to sell, or sell any parcel which has had any lot line readjusted until the lots affected by such readjustment are in full compliance with the provisions of this article. No permit of any kind shall be issued to any applicant to be used in connection with or pertaining to any premises in a residential zone which has had a lot line adjusted in violation of the provisions of this article. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990)

Pursuant to section 66499.20 3/4 of the subdivision map act, the merger of contiguous parcels under common ownership may be merged without reverting to acreage upon application by the owner of record. An appropriate instrument approved by the city shall be recorded evidencing the merger. (Ord. 90-O-2102, eff. 10-4-1990)

The applicant for a merger shall comply with the requirements set forth in section 10-2-803 of this chapter relating to lot line adjustments except that a record of survey may be required by the planning director. (Ord. 90-O-2102, eff. 10-4-1990)

The lot to be created by the merger shall conform to the minimum requirements set forth in article 3 of this chapter and to the minimum requirements set forth in the city's zoning provisions. (Ord. 90-O-2102, eff. 10-4-1990)

Upon receipt of the map, the planning director shall examine it to see whether it complies with the requirements of this article. If the map complies, the planning director shall approve the lot merger. (Ord. 90-O-2102, eff. 10-4-1990)

If an applicant is dissatisfied with the decision of the planning director, the decision may be appealed to the planning commission. Such appeal shall be in writing and shall be received by the planning department within fifteen (15) days after the date of the planning director's action. (Ord. 90-O-2102, eff. 10-4-1990)

The planning commission may reject, uphold, or modify the decision of the planning director. The decision of the commission shall be final. (Ord. 90-O-2102, eff. 10-4-1990)

Upon approval, the map shall be filed in the office of the county recorder by the applicant at the applicant's expense. No building permit to construct any improvements upon the lot indicated on such map shall be issued until the applicant has submitted proof of such filing to the building director. (Ord. 90-O-2102, eff. 10-4-1990)

No parcel or tentative map filed pursuant to the provisions of this chapter shall be approved until an environmental impact analysis is prepared, processed, and considered in accordance with the city's local guidelines for implementation of the California environmental quality act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 92-O-2148, eff. 9-11-1992)

Every map approved pursuant to the provisions of this chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off site property, set forth in title 9, chapter 1 of this code. (Ord. 75-O-1561, eff. 3-4-1975)

The purpose of this article is to establish procedures for the implementation of chapter 4.5 (commencing with section 66498.1) of division 2 of title 7 of the Government Code of the state of California which provides for the filing of vesting tentative maps. Except as otherwise specifically provided by this article, the provisions of this chapter shall apply to the filing, processing and review of vesting tentative maps as said term is defined by section 66424.5 of the Government Code and section 10-2-1003 of this article. (Ord. 88-O-2034, eff. 8-4-1988)

The approval of a vesting tentative map shall be consistent with the general plan, any applicable specific plan, the zoning ordinance, and any other applicable provision of this code in effect at the time provided by subsection 10-2-1009A of this article. (Ord. 88-O-2034, eff. 8-4-1988)

The "vesting tentative map" shall mean a tentative map for a "subdivision", as defined in this chapter, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with section 10-2-1004 of this article, and is thereafter processed in accordance with the provisions of this chapter and the subdivision map act. (Ord. 88-O-2034, eff. 8-4-1988)

   A.   Whenever a provision of the subdivision map act or this chapter requires the filing of a tentative map or tentative parcel map for a subdivision, a vesting tentative map may instead be filed, in accordance with the provisions herein.

   B.   If a subdivider does not seek the rights conferred by chapter 4.5 of division 2 of title 7 of the Government Code and this article, 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. 88-O-2034, eff. 8-4-1988)

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

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

   B.   The application for a vesting tentative map shall describe the manner in which the subdivision is proposed to be developed, including, but not limited to, the height, size and location of all buildings and other improvements.

   C.   A vesting tentative map shall not be accepted for filing unless all other discretionary land use approvals required for the proposed development have been obtained or applications therefor are filed concurrently with such map.

   D.   Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at the time of filing, such inconsistency shall be noted on the map. (Ord. 88-O-2034, eff. 8-4-1988)

Upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of vesting tentative maps set by the city council. (Ord. 88-O-2034, eff. 8-4-1988)

A vesting tentative map shall not be approved unless all other discretionary land use approvals required for the proposed development, other than architectural review, have been obtained. (Ord. 88-O-2034, eff. 8-4-1988; amd. Ord. 00-O-2366, eff. 3-8-2001)

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. 88-O-2034, eff. 8-4-1988)

   A.   Subject to the time limits established by subsection C of this section, 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. If section 66474.2 of the Government Code is repealed, however, 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 subject to the time limits established by subsection C of this section.

   B.   Notwithstanding subsection A of this section, a permit, approval, extension, or entitlement may be made conditional or denied even though such action may be contrary to the ordinances, policies, and standards described in subsection A of this section 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 in subsection A of this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in section 10-2-1008 of this article. If the final map is timely approved, such rights shall exist for the following periods of time:

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

      2.   The initial time period set forth in subsection C1 of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed.

      3.   The subdivider may apply to the planning commission for a one year extension at any time before the expiration of the initial time period set forth in subsection C1 of this section. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen (15) days thereafter.

      4.   If the subdivider submits a complete application for a building permit during the periods of time specified in subsections C1 through C3 of this section, the rights referred to herein shall continue to exist until the expiration of such permit, or any extension thereof. (Ord. 88-O-2034, eff. 8-4-1988)

Any time prior to the expiration of a vesting tentative map, the subdivider, or his or her assignee, may apply for an amendment to such map. A public hearing shall be held by the planning commission or any amendment involving a substantial modification to the subject subdivision or development related thereto. The planning commission may approve, conditionally approve or disapprove the proposed amendment. The decision by the planning commission on the requested amendment shall be appealable to the city council in the manner provided by section 10-2-205 of this chapter. (Ord. 88-O-2034, eff. 8-4-1988)

Notwithstanding any provision herein, 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 subsection 10-2-1009A of this article, and the city may grant such approvals or issue such permits to the extent that the departures are authorized under applicable law. (Ord. 88-O-2034, eff. 8-4-1988)

The provisions of this chapter shall not be construed to prevent the city from conditionally approving or denying any permit, license, or other entitlement for use which is applied for by the subdivider after the approval of a vesting tentative map provided such conditional approval or denial is made in accordance with the ordinances, policies and standards described in subsection 10-2-1009A of this article. (Ord. 88-O-2034, eff. 8-4-1988)