Clovis City Zoning Code
Division 7
SUBDIVISIONS
§ 9.100.010 Purpose of division.
This division constitutes the City of Clovis Subdivision Ordinance. These provisions are intended to supplement, implement, and work with the Subdivision Map Act, California Government Code Section 66410 et seq. (hereafter referred to as the “Map Act”). This division is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.100.020 Authority.
This division is adopted in compliance with the Map Act as a “local ordinance,” as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated into this division shall, nevertheless, apply to all subdivision maps and proceedings under this division.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.100.030 Applicability.
A.
Subdivision approval required. Each subdivision of land within the City shall be authorized through the approval of a map or other entitlement in compliance with this division.
B.
Conflicts with Map Act. In the event of any conflicts between the provisions of this division and the Map Act, the Map Act shall control.
C.
Compliance with other regulations required. The approval or conditional approval of a subdivision map shall not authorize an exception or deviation from any zoning regulation in this Development Code, or as an approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.100.040 Definitions.
Definitions of the technical terms and phrases used in this division are located in Division 8 of this title (Definitions), listed under “Subdivision terms used in Division 7 of this title (Subdivisions).”
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.100.050 Responsibility for administration.
The Director and City Engineer are authorized and directed to administer and enforce the provisions of this division and applicable provisions of the Map Act for subdivisions within the City, except as otherwise provided by this division.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.100.060 Advisory agency.
A.
Advisory agency established. The advisory agency for subdivision review, as that term is used in the Map Act, shall be as defined in Table 7-1 (Subdivision Review Authority).
B.
Authority and duties. The advisory agency shall perform the following duties, and as further detailed in Section 9.100.070 (Authority for subdivision decisions):
1.
Approve, conditionally approve, disapprove, or recommend as specified in Table 7-1 (Subdivision Review Authority);
2.
Recommend to the Commission for review and action on those projects being referred to the Commission in compliance with Section 9.102.050 (Review and decision);
3.
Recommend to the Council the approval, conditional approval, or disapproval of requests for exceptions to the City’s design and improvement standards, in compliance with Section 9.100.100 (Exceptions to subdivision standards);
4.
Recommend modifications of the requirements of this division;
5.
Review and make recommendations concerning proposed subdivisions within adjacent cities in compliance with the Map Act when the advisory agency has elected to do so; and
6.
Perform additional duties and exercise additional authorities as specified by law and by this division.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.100.070 Authority for subdivision decisions.
Table 7-1 (Subdivision Review Authority) identifies the City official or authority responsible for reviewing and making decisions on each type of subdivision application and other decisions required by this division.
TABLE 7-1 SUBDIVISION REVIEW AUTHORITY | |||||
|---|---|---|---|---|---|
Type of Decision | Applicable Chapter or Section | Role of Review Authority (1) | |||
Director | City Engineer | Commission | Council | ||
Certificate of Compliance | 9.106.020 | Decision | Appeal | ||
Certificate of Correction | 9.104.110 | Decision | Appeal | ||
Final Map | 9.104 | Recommend | Decision | ||
Improvement Agreements | 9.112.040 | Recommend | Decision | ||
Improvement Plans | 9.112.020 | Recommend | Decision | ||
Improvement Security | 9.112.040 | Recommend | Decision | ||
Lot Line Adjustment | 9.106.040 | Decision | Appeal | Appeal | |
Map Amendment | 9.104.120 | Decision | Appeal | Appeal | |
Official Map | 9.106.050 | Recommend | Recommend | Recommend | Decision |
Parcel Map | 9.104 | Decision | Appeal | ||
Parcel Merger | 9.106.060 | Recommend | Decision | Appeal | |
Recorded Parcel or Final Map Amendments | 9.104.110 | Decision | Appeal | Decision/ Appeal | |
Reversion to Acreage | 9.106.070 | Recommend | Recommend | Decision | |
Tentative Map, Vesting Tentative Map | 9.102 | Recommend | Decision (3) | Decision/ Appeal | |
Tentative Parcel Map | 9.102 | Decision (2) | Appeal | Appeal | |
Waiver of Parcel Map | 9.104.030 | Decision | Appeal | Appeal | |
Notes: | |
|---|---|
(1) | “Recommend” means that the review authority makes a recommendation to a higher decision-making body; “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 90 of this title (Appeals). |
(2) | The Director may choose to not make a decision on a tentative parcel map and may instead refer the matter to the Commission for hearing and a decision. See Section 9.102.040(A) (Evaluation of application). |
(3) | The Commission may choose to not make a decision on a tentative map and may instead refer the matter to the Council for hearing and a decision. |
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 1), Ord. 16-07, eff. May 4, 2016)
§ 9.100.080 Types of subdivision approval required.
Any subdivision of an existing parcel into two (2) or more parcels shall require approval by the City in compliance with this division. In general, the procedure for subdivision first requires the approval of a tentative map or parcel map, and then the approval of a final map to complete the subdivision process. The City’s review of a tentative map and parcel map evaluates the compliance of the proposed subdivision with City standards, and the appropriateness of the proposed subdivision design. Final maps are precise surveying documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.
A.
Tentative map requirements. The filing and approval of a tentative map is required for:
1.
Parcel maps, as authorized by Map Act Section 66428; and
2.
Subdivision Maps required to have tentative map approval by Map Act Section 66426.
B.
Parcel and final map requirements. A parcel or final map (see Chapter 104 of this title) shall be required as follows:
1.
Parcel map. The filing and approval of a parcel map (Chapter 104 of this title) shall be required for a subdivision creating four (4) or fewer parcels or other subdivisions as allowed by Map Act Section 66426, in compliance with Map Act Article 2, Chapter 1, except for the following subdivisions:
a.
Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the Director determines based on substantial evidence that public policy necessitates a parcel map, in an individual case, in compliance with Map Act Section 66428;
b.
Cemeteries. Land dedicated for cemetery purposes in compliance with the Health and Safety Code; and
c.
Waived parcel map. A subdivision that has been granted a waiver of parcel map requirements in compliance with Section 9.104.030 (Waiver of parcel map).
2.
Final map. The filing and approval of a final map (Chapter 104 of this title) shall be required for a subdivision of five (5) or more parcels, except a subdivision that is otherwise allowed to have a parcel map by Map Act Section 66426.
C.
Exemptions from subdivision approval requirements. The types of subdivisions specified by Map Act Sections 66411, 66412, 66412.1, 66412.2, and 66426.5, or other applicable Map Act provision as not being subject to the requirements of the Map Act, and/or not being considered to be divisions of land for the purposes of the Map Act, shall be exempt from the subdivision approval requirements of this chapter.
D.
Exceptions from map preparation requirements. The types of subdivisions specified by Map Act Section 66426, or other applicable Map Act provisions as not requiring the preparation of a tentative map, parcel map, and/or a final map, shall comply with Map Act Section 66426.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.100.090 Applications deemed approved.
A subdivision application deemed approved in compliance with Government Code Section 65956, 66452.1, 66452.2 or 66542.4 shall be subject to all applicable provisions of this Development Code, and any conditions imposed by the review authority, which shall be satisfied by the subdivider before a building permit is issued. Final maps filed for recordation after their tentative maps and tentative parcel maps are deemed approved shall remain subject to all the mandatory requirements of this division and the Map Act, including Map Act Sections 66473, 66473.5, and 66474.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.100.100 Exceptions to subdivision standards.
An exception to a provision of Chapter 110 of this title (Subdivision Design and Improvement Requirements) may be requested by a subdivider in compliance with Chapter 68 of this title (Variances/Minor Deviations). An exception shall not be used to waive or modify a provision of the Map Act, or a provision of this division that is duplicated or paraphrased from the Map Act.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.100.110 Appeals.
A decision of the Director or Commission made in compliance with this chapter may be appealed in compliance with Chapter 90 of this title (Appeals) and Map Act Section 66452.5.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.100.120 Enforcement of subdivision regulations.
A.
Violations. A person who violates any provision of this chapter shall be subject to the penalties specified by Map Act Division 2, Chapter 7, Article 1 and/or, where applicable, shall be guilty of a misdemeanor or infraction as specified in Chapter 92 of this title (Enforcement).
B.
Prohibitions.
1.
Prohibition on transfers.
a.
No person shall sell, lease, or finance any parcel or portion of a parcel of real property, or commence construction of any building for sale, lease, or financing on a parcel, except for model homes, or allow occupancy, for which a parcel or final map is required by this chapter and the Map Act, until a map in full compliance with this chapter has been filed for record by the County Recorder.
b.
Conveyance of any part of a division of real property for which a final or parcel map is required by this chapter shall not be made by parcel or block number, initial or other designation, until the map has been filed for record by the County Recorder.
2.
Prohibition on issuance of permits.
a.
No officer, board, commission, agency, department, or special district of the City shall issue any permit or grant any approval necessary to develop any real property that has been divided, or that has resulted from a division, in violation of the provisions of this chapter if it finds or is informed by the Director that development of the real property is contrary to the public health and safety. Before making a finding that the development of the real property is contrary to the public health and safety, the Director shall conduct a review.
b.
At the review, the Director shall consider all information and evidence submitted. The decision of the Director may be appealed in compliance with Map Act Section 66452.5 to the Commission by any aggrieved person, or by a City officer, board, department, or agency. The authority to disapprove the permit or requested approval shall apply whether the applicant was the owner of the real property at the time of the violation, or whether the applicant, if the current owner of the real property, was with or without actual or constructive knowledge of the violation at the time of the violation, at the time of the acquisition of their interest in the real property. If any City officer, board, commission, agency, department, or special district issues any permit or grants approval for the development of real property, it may request a report from the Director and impose any additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.
3.
Statement of limitations. This section does not apply to any parcel of a subdivision offered for sale or lease, contract for sale or lease, or sold or leased in compliance with or exempt from any law regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
C.
Remedies. If construction activity on property subject to a parcel or final map is occurring contrary to the Map Act, a requirement of the Map, or any other Federal, State, or local law, rule, or ordinance, the Director may order the activity stopped by written notice served on any person responsible for the activity, in addition to the remedies specified in Map Act Division 2, Chapter 7, Article 2. The responsible person shall immediately stop the activity until authorized by the Director to proceed. For the purposes of this section, construction activities include, but are not limited to, grading, earth moving, and/or tree removal.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.102.010 Purpose of chapter.
This chapter establishes requirements for the preparation, filing, approval or disapproval of tentative maps, consistent with the requirements of the Map Act.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.102.020 Tentative map preparation, application contents.
A.
Submittal requirements. When a tentative map is required by Section 9.100.080 (Types of subdivision approval required), tentative map submittal shall include the application forms, all information and, based upon site conditions and/or the design of the map, other materials required by the Department and the City Engineer, and a tentative map prepared in the format required by the Department and the City Engineer.
B.
Filing of phased projects. If the subdivider wishes to file multiple parcel or final maps for a development project that will be phased, then one of the following shall first be completed:
1.
The subdivider, at the time the tentative map is filed, shall inform the Department of the subdivider’s intention to file multiple parcel or final maps on the tentative map; or
2.
After the filing of the tentative map, the Department and the subdivider concur in the filing of multiple final maps;
3.
A subdivider filing multiple parcel or final maps shall show the boundary limits of each phase and designate the sequence of filing for recordation of each phase to the satisfaction of the Director.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.102.030 Tentative map filing, initial processing.
A.
General filing and processing requirements. A tentative map application shall be submitted to the Department for processing, and shall be:
1.
Reviewed for completeness and accuracy (refer to Section 9.50.070 (Initial application review));
2.
Referred to affected agencies in compliance with Section 9.102.035;
3.
Reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable; and
4.
Evaluated in compliance with Section 9.102.040 (Evaluation of application).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.102.035 Referral to affected agencies.
A.
Required referrals. The Director shall refer a tentative map application for review and comment to agencies that will be expected to provide service to the proposed subdivision, including, as appropriate, City agencies and departments, cities, special districts, and local agencies, public utilities, and State agencies.
B.
Anticipated type of response. The agencies that receive a tentative map application are expected to respond to the Department with an evaluation of the proposal, a list of items (e.g., hydrology study, title report, traffic study, etc.) that may need to be filed and considered during the evaluation phase, and a list of proposed conditions of tentative map approval.
C.
Time limits for referral and response. As required by Map Act Sections 66453 through 66455.7, referral shall occur within five (5) days of the tentative map application being determined to be complete in compliance with Section 9.50.070 (Initial application review). An agency wishing to respond to a referral shall provide the Department with its recommendations within fifteen (15) days after receiving the tentative map application.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.102.040 Evaluation of application.
The following shall occur after completion of the initial processing and the application being deemed complete in compliance with Section 9.50.070 (Initial application review).
A.
Evaluation of application. The Director:
1.
Shall review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any applicable specific plan, and the Map Act, in compliance with Map Act Section 66474.2;
2.
Shall determine the extent to which the proposed subdivision complies with the findings in Section 9.102.060 (Tentative map approval or disapproval); and
3.
Shall, where required by law, prepare and review an AB610 water study.
B.
Preparation of a staff report. The Director shall prepare an evaluation in compliance with Map Act Section 66452.3 describing the conclusions of the map application review. Copies of the evaluation shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Section 9.106.030)) at least three (3) days before any hearing or action on the tentative map by the review authority in compliance with Sections 9.102.050 or 9.102.060.
1.
City department evaluations and recommendations. The evaluations and recommendations of the City departments shall be presented to the Director.
2.
Required action in the case of waste discharge violations. The City Engineer shall advise the Director as to whether the discharge of waste from the proposed subdivision into an existing community sewer system will result in the violation of existing requirements prescribed by the California Regional Water Quality Control Board in compliance with Water Code Section 13000 et seq.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.102.050 Review and decision.
A.
Review authority. The Director shall be the review authority for all tentative maps, except as follows, and shall use the following procedures for reviewing and making decisions on tentative maps.
1.
Tentative tract maps and vesting tentative maps. The Director shall review each tentative map proposing five (5) or more parcels, each vesting tentative map, and any other tentative tract map that requires the recordation of a final map in compliance with Chapter 102 of this title (Tentative Map Filing and Processing). The applications for these maps shall also be reviewed by the Director for a recommendation to the Commission.
2.
Tentative parcel map. A tentative parcel map proposing four (4) or fewer parcels shall be reviewed in compliance with Chapter 102 of this title (Tentative Map Filing and Processing). The applications for these maps shall also be reviewed by the Director when the subdivision is of a type described in Map Act Section 66426. The Director may refer a tentative parcel map to the Commission when the Director determines that the proposal is controversial, or when the proposal is filed concurrently with an application that is otherwise required by this Development Code to have a public hearing.
3.
Tentative parcel map referred to the Commission. When a tentative parcel map is referred to the Commission for action, a public hearing shall be required in compliance with Chapter 88 of this title (Public Hearings).
B.
Review of tentative map.
1.
Actions of review authority. After completion of the evaluation required by Section 9.102.040 (Evaluation of application), the review authority shall:
a.
Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any applicable specific plan, and the Map Act. The evaluation shall be based on the information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received; and
b.
Approve, conditionally approve, or disapprove the tentative map in compliance with Map Act Section 66452.1 and Public Resources Code Section 21151.5 within fifty (50) days after certification of the EIR, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Public Resources Code Division 13 (commencing with Section 21000).
2.
Findings required. Tentative map approval shall require that the review authority first make all of the findings required by Section 9.102.060 (Tentative map approval or disapproval). The review authority may require conditions of approval in compliance with Section 9.102.070 (Conditions of approval).
3.
Appeal of decision. A decision by the review authority to approve, conditionally approve, or disapprove a tentative map may be appealed to the Council, in compliance with Chapter 90 of this title (Appeals) and Map Act Section 66452.5.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.102.060 Tentative map approval or disapproval.
In order to approve or recommend the approval of a tentative map and conditions of approval, or to disapprove a tentative map, the review authority, as specified in Table 7-1 (Subdivision Review Authority), shall first make the findings required by this section. In determining whether to approve a tentative map, the City shall apply only the ordinances, policies, and standards in effect at the date the Department determined that the application was complete in compliance with Section 9.102.030 (Tentative map filing, initial processing), except where the City has initiated General Plan, specific plan, or Development Code changes, and has provided public notice as required by Map Act Section 66474.2.
A.
Required findings for approval.
1.
Mandatory findings. The review authority shall approve a tentative map only after first making all of the following findings, as required by Map Act Sections 66474 and 66474.6. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel specified as a designated remainder in compliance with Map Act Section 66424.6.
a.
The proposed map, subdivision design, and improvements are consistent with the General Plan and any applicable specific plan;
b.
The site is physically suitable for the type and proposed density of development;
c.
The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
d.
The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems;
e.
The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. This finding may also be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision;
f.
The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board;
g.
The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities; and
h.
The proposed subdivision, its design, density, and type of development and improvements conform to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law.
2.
Additional specific findings. The following additional specific findings shall be made by the review authority before approval or conditional approval of a tentative map, as applicable to the application.
a.
If the proposed subdivision is a conversion of residential real property into a condominium, a community apartment project, or a stock cooperative, the review authority shall first make the additional finding that the proposed subdivision complies with the requirements of Map Act Sections 66427.1(a) and 66452 before approving the proposed subdivision. Those requirements include the following:
(1)
Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received written notification of intention to convert at least sixty (60) days before the filing of a tentative map in compliance with Section 66452.
(2)
Each of the tenants, and each person applying for the rental of a unit in the residential real property, has, or will have, received all applicable notices and rights required in compliance with Sections 66451 and 66452.
(3)
Each of the tenants received ten (10) days’ written notification that an application for a public report will be, or has been, submitted to the State Department of Real Estate, and that the report will be available on request.
b.
If the proposed subdivision is within an Agricultural Preserve, it shall comply with Map Act Section 66474.4 and the findings in that Section, whether or not the land is currently under contract.
3.
Findings under an EIR. Notwithstanding the finding required by subsection (A)(1)(c) of this section, the review authority may approve a tentative map, or a parcel map for which a tentative map was not required, if an environmental impact report (EIR) was prepared for the project and a finding is made in compliance with Section 21081(a)(3) of the Public Resources Code, that specific economic, social, or other considerations make the mitigation measures or project alternatives specified in the EIR infeasible.
B.
Supplemental findings. In addition to the findings specified in subsection A of this section, the review authority shall not approve a tentative map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.
1.
Construction of improvements. In the case of a tentative map for a subdivision that will require a subsequent parcel map, the construction of improvements for the subdivision within a specified time after the recordation of the parcel map is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area.
2.
Waiver of parcel map. The findings required by Section 9.104.030 (Waiver of parcel map), if waiver of a parcel map has been requested with the tentative map application.
C.
Situations requiring disapproval unless prerequisites are satisfied. A tentative map shall not be approved in the following cases:
1.
Residential conversion without required advance tenant notice. In the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative, the review authority shall not approve the tentative map unless evidence is provided by the subdivider, as required by Map Act Sections 66452.8 and 66452.9, that proper notification has been given to each of the tenants of the proposed conversion notifying of the subdivider’s intent to convert.
2.
Residential conversion without required favorable votes. In the case of a conversion of a stock cooperative or a community apartment project to a condominium, the review authority shall not approve a tentative map unless evidence is provided by the subdivider, as required by Map Act Section 66452.10, that the required number of owners in the cooperative or project, as specified in the bylaws or other organizational documents, have voted in favor of the conversion.
3.
Agricultural preserve parcels too small for agriculture. In the case of land that is subject to a contract in compliance with the California Land Conservation Act of 1965 (Government Code Section 51296) or if the land is located within an agricultural preserve without being subject to a contract, the review authority shall not approve a tentative map, or a parcel map for which a tentative map was not required, if it finds that a parcel(s) proposed within the subdivision would be too small to sustain its agricultural use.
a.
For the purposes of this section, land shall be presumed to be in parcels too small to sustain their agricultural use if the land is:
(1)
Less than ten (10) acres in the case of prime agricultural land, except as allowed in subsection (C)(3)(b) of this section; or
(2)
Less than forty (40) acres in size in the case of land that is not prime agriculture land unless otherwise provided by this Development Code.
b.
The review authority may approve a subdivision with parcels smaller than those listed above if the findings in Map Act Section 66474.4(c)(1) or 66474.4(c)(2), along with the other applicable findings in this section, are first made, or the land within the subdivision is subject to a contract when one of the following has occurred in compliance with Map Act Section 66474.4(e):
(1)
The Local Agency Formation Commission (LAFCO) has approved the annexation of the land to a city and the city will not succeed to the contract as provided in Government Code Sections 51243 and 51243.5.
(2)
Written notice of nonrenewal of the contract has been served as provided in Government Code Section 51245, and, as a result of that notice, there are no more than three (3) years remaining in the term of the contract.
(3)
The Council has granted tentative approval for cancellation of the contract in compliance with Government Code Section 51282.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.102.070 Conditions of approval.
Along with the approval of a tentative map, the review authority may adopt any conditions of approval deemed necessary to carry out the purposes of this Development Code, including conditions regarding the matters described in subsection A of this section; provided, that all conditions shall be consistent with the requirements of the Map Act.
A.
Dedications and improvements.
1.
As a condition of approval of a tentative map, the Director may require dedications and improvements as necessary to ensure that the parcels to be created:
a.
Are provided with adequate public services and utilities, including any appropriate cable television services, to meet the needs of future residents or users;
b.
Are of adequate design in all respects in compliance with this Development Code;
c.
Act to mitigate any potential environmental impacts specified in the environmental impact report (EIR) or by other means; and
d.
Provide for proper grading and erosion control, including the prevention of sedimentation or damage to off-site property.
2.
All improvements shall comply with adopted City standards.
B.
Access.
1.
Except as provided below, parcels created by a subdivision of land shall abut upon a recorded dedicated public right-of-way of a width as established by the City’s Major Street Ordinance (Chapter 7 of Title 7 (Major Street Development)), or shall be ensured of access to the City road system by an approved access which connects a parcel(s) to a maintained public street or State highway.
2.
The review authority may waive the requirements for approved access to subdivisions having parcel sizes of forty (40) gross acres or more when all of the following findings are first made:
a.
The applicant is or will be subject to severe hardship unless the waiver is approved;
b.
There is an existing traveled roadway which has been in existence for at least five (5) years which roadway is at least twenty feet (20') in width at all points; and
c.
The roadway has the capability for normal motor vehicle use to each parcel in the proposed subdivision.
3.
Private road easements may be approved for access to each parcel if it is determined that public street access cannot be provided due to certain title limitations or topographical conditions.
4.
Road easements of record established before the effective date of this chapter shall be recognized as legal access to each parcel of the proposed subdivision.
5.
Existing traveled roads for which a court has determined that a prescriptive right by users exists for public use shall be recognized as legal access to each parcel of the proposed subdivision.
C.
Applicable ordinances, policies, and standards. In determining whether to approve or disapprove an application for a final map, the City shall apply only those ordinances, policies, and standards in effect on the date the proposal for the subdivision was accepted as complete, in compliance with Map Act Section 66474.2.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.102.080 Effective date of tentative map approval.
The approval of a tentative map shall become effective for the purposes of filing a parcel or final map, including compliance with the conditions of approval, on the sixteenth day following the date of decision by the Commission, if no appeal is filed in compliance with Chapter 90 of this title (Appeals).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.102.090 Changes to approved tentative map or conditions.
A subdivider may request changes to an approved tentative map or its conditions of approval before recordation of a parcel or final map in compliance with this section. Changes to a parcel or final map after recordation are subject to Section 9.104.110 (Amendments to recorded parcel or final maps).
A.
Limitation on allowed changes. Changes or amendments to a tentative map that may be requested by a subdivider in compliance with this section include minor adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved parcels (but no increase in the number of approved parcels), and any changes to the conditions of approval, consistent with the findings required by subsection D of this section (Findings for approval). All proposed changes not covered by this section shall require the filing and processing of a new tentative map.
B.
Application for changes. The subdivider shall file an application and filing fee with the Department, using the forms furnished by the Department, together with the following additional information:
1.
A statement identifying the tentative map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and
2.
Any additional information deemed appropriate by the Department.
C.
Processing. Proposed changes to a tentative map or conditions of approval shall be processed using the same procedures as the original tentative map, except as otherwise provided by this section.
D.
Findings for approval. The review authority shall not modify the approved tentative map or conditions of approval unless it first finds that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by Sections 9.102.060(A) and (B) can still be made:
1.
There was a material mistake of fact in the deliberations leading to the original approval;
2.
There has been a change of circumstances related to the original approval; or
3.
A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this Development Code.
E.
Effect of changes on time limits. Approved changes to a tentative map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits provided by Section 9.102.120 (Tentative map time limits and expiration).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.102.100 Effect of tentative map approval, completion of subdivision process.
A.
Effect of approval on prior approvals. The approval or conditional approval by the review authority of any revised or new tentative map shall not annul all previous subdivision designs and approvals thereof.
B.
Compliance with conditions, improvement plans. After approval of a tentative map in compliance with this chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file, and receive approval of improvement plans in compliance with Chapter 110 of this title (Subdivision Design and Improvement Requirements), prior to constructing any required improvements.
C.
Parcel or final map preparation, filing, and recordation.
1.
A parcel map for a subdivision of four (4) or fewer parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 104 of this title (Parcel Maps and Final Maps), to complete the subdivision, unless a parcel map has been waived in compliance with Section 9.104.030 (Waiver of parcel map).
2.
A final map for a subdivision of five or more parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 104 of this title (Parcel Maps and Final Maps), to complete the subdivision.
3.
Project phasing and the filing of multiple parcel or final maps shall be in compliance with Section 9.102.020 (Tentative map preparation, application contents).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.102.110 Vesting tentative maps.
The preparation, filing, processing, and approval or disapproval of a vesting tentative map shall comply with Map Act Sections 66452 and 66498.1 et seq. and the provisions of this section.
A.
Filing criteria for vesting tentative maps.
1.
Whenever a provision of the Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative or parcel map for a residential development, a vesting tentative map may be filed instead in compliance with this section.
2.
If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed permit for construction, or work preparatory to construction.
B.
Content of application. The content and form of vesting tentative maps shall be governed by the provisions of this subsection.
1.
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.”
2.
A vesting tentative map shall be filed in the same form and have the same contents, accompanying data, and reports as specified in Section 9.102.020 (Tentative map preparation, application contents), except as specified in this section.
C.
Procedures. A vesting tentative map shall be processed and reviewed using the same procedures as specified in this chapter for a tentative map in compliance with Sections 9.102.030 (Tentative map filing, initial processing) and 9.102.050 (Review and decision), except as specified in this section.
1.
Before filing a vesting tentative map, the subdivider shall have a pre-application conference with the Director to determine if any additional information should be filed with the vesting tentative map application. The applicant shall submit to the Director, before the pre-application conference, all information that is required of a tentative map application. This information shall be reviewed by the Director and the Director may require additional information based upon site conditions and/or the design of the map to be submitted with the vesting tentative map application.
2.
An approving action on a vesting tentative map shall not occur before the effective date of approval of the associated discretionary permit(s) or action(s).
3.
Upon filing a vesting tentative map, the subdivider shall pay the fees required in compliance with the City’s Fee Schedule for the filing and processing of a vesting tentative map.
4.
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 in compliance with Section 9.102.120 (Tentative map time limits and expiration).
5.
At any time before the expiration of a vesting tentative map, the subdivider may apply for an amendment to the vesting tentative map in compliance with Section 9.102.090 (Changes to approved tentative map or conditions). No application for amendment shall be required when the review authority first finds that the amendment is a minor modification that is in substantial compliance with the original approval and no new conditions of approval are required.
6.
For a subdivision whose intended development is inconsistent with the land use zoning district or any applicable specific plan in existence at that time, that inconsistency shall be noted on the map. The review authority may disapprove a vesting tentative map or approve it conditioned on the subdivider first obtaining the necessary change in the land use zoning district or applicable specific plan to eliminate the inconsistency. If the change in the pertinent ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer the right to proceed with the development as approved or conditionally approved.
7.
Fees for development permits (e.g., Building and Grading Permits) filed in compliance with an approved vesting tentative map or a recorded vesting final/parcel map shall be the fees in effect at the time of issuance of the permit.
D.
Development rights of vesting tentative maps.
1.
When the review authority approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies, and standards in effect on the date the application for the subdivision has been determined to be complete in compliance with Map Act Section 66474.2. If Section 66474.2 is repealed, that approval 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.
2.
Notwithstanding subsection (D)(1) of this section, the review authority may condition or disapprove a permit, approval, extension, entitlement, or require an amendment to the map if it first determines any of the following:
a.
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.
b.
The condition or disapproval is required in order to comply with State or Federal law.
3.
The review authority may alter any condition of a vesting tentative map through an amendment in compliance with Section 9.102.090 (Changes to approved tentative map or conditions) in order to protect against conditions dangerous to public health and safety or to comply with State or Federal law.
4.
The rights conferred by this section shall expire if a final or parcel map is not recorded before the expiration of the vesting tentative map in compliance with Section 9.102.120 (Tentative map time limits and expiration). If the final or parcel map is recorded, these rights shall last for the following periods of time:
a.
An initial time period of thirty-six (36) months. 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.
b.
The initial time period specified in subsection (D)(4)(a) of this section shall be automatically extended by any time used for processing a complete application for a Grading Permit or for design or architectural review, if processing exceeds thirty (30) days from the date a complete application is filed.
c.
A subdivider may apply for one twelve (12) month extension at any time before the initial time period specified in subsection (D)(4)(a) of this section expires. If the extension is disapproved, the subdivider may appeal that disapproval to the Council in compliance with Chapter 90 of this title (Appeals) and Map Act Section 66452.5 within fifteen (15) days.
d.
Additional extensions may be granted in compliance with Map Act Section 66452.6(a).
e.
If the subdivider submits a complete application for a building permit during the periods of time specified in this subsection, the rights referred to in this subsection shall continue until the expiration of that permit, or any extension of that permit.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 4), Ord. 17-03, eff. April 19, 2017)
§ 9.102.115 Effect of vesting tentative map approval, completion of process.
A.
Effect of approval on prior approvals. The approval or conditional approval by the review authority of any revised or new vesting tentative map shall annul all previous subdivision designs and approvals thereof.
B.
Compliance with conditions, improvement plans. After approval of a vesting tentative map in compliance with this chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file, and receive approval of improvement plans in compliance with Chapter 110 of this title (Subdivision Design and Improvement Requirements), before constructing any required improvements.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.102.120 Tentative map time limits and expiration.
A.
Valid for thirty-six (36) months. An approved tentative map is valid for thirty-six (36) months after its effective date (Section 9.102.080). At the end of thirty-six (36) months, as applicable, the approved tentative map shall expire and become void unless:
1.
A parcel or final map, and related security and improvement agreements, have been timely filed and accepted by the City Engineer in compliance with Chapter 104 of this title (Parcel Maps and Final Maps); or
2.
An extension of time has been granted in compliance with Section 9.102.130.
B.
Expiration of an approved map. Expiration of an approved tentative map or vesting tentative map shall terminate all proceedings. The application shall not be reactivated unless a new tentative map application is filed.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)
§ 9.102.130 Extensions of time for tentative maps.
When a subdivider has not completed all tentative map or vesting tentative map conditions of approval and timely filed a parcel or final map with the City within the time limits established by Section 9.102.120, time extensions may be granted in compliance with this section, Section 9.82.090 (Time extensions), and Map Act Sections 66452.6 and 66463.5.
A.
Filing of extension request. An extension request shall be in writing and shall be filed with the Department on or before the date of expiration of the approval or previous extension, together with the required filing fee.
B.
Approval of extension. The Commission may grant twelve (12) month extensions to the initial time limit in compliance with Map Act Section 66452.6, only after first finding all of the following:
1.
There have been no changes to the provisions of the General Plan, any applicable specific plan, or this Development Code applicable to the project since the approval of the tentative map;
2.
There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan, any applicable specific plan, or other standards of this Development Code apply to the project; and
3.
There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads, or schools so that there is no longer sufficient remaining capacity to serve the project.
C.
Appeal of decision. If the extension is disapproved, the subdivider may appeal the disapproval in compliance with Chapter 90 of this title (Appeals).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.104.010 Purpose of chapter.
This chapter establishes requirements for the preparation, filing, processing, approval, conditional approval, or disapproval, and recordation of parcel and final maps, consistent with the requirements of the Map Act.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.104.020 Parcel maps.
As required by Section 9.100.080 (Types of subdivision approval required), a parcel map shall be filed and approved to complete the subdivision process for a subdivision of four (4) or fewer parcels, except as otherwise allowed by Map Act Section 66426, or when the requirement for a parcel map is waived in compliance with Section 9.104.030. A parcel map shall be prepared, filed, and processed in compliance with Section 9.104.040 et seq.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.104.030 Waiver of parcel map.
A subdivider may request the waiver of the requirement for a parcel map, and the waiver may be granted, in compliance with the Map Act Section 66428; provided, that the Director shall first find that the proposed subdivision complies with all applicable requirements of this Development Code and the Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and all other applicable requirements of this Development Code and the Map Act.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.104.040 Parcel map form and content.
A parcel map shall be prepared by or under the direction of a licensed land surveyor or civil engineer authorized to practice land surveying by the State of California. Parcel map submittal shall include all information and other materials prepared as required by the City policies, adopted standards, and the Map Act. The parcel map shall be based upon a field survey.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.104.050 Filing and processing of parcel maps.
A.
Filing with the City Engineer. The parcel map, together with all data, information, and materials required by Section 9.104.040, shall be filed with the City Engineer in compliance with the time limitations specified in Section 9.102.120 (Tentative map time limits and expiration). The parcel map shall be considered filed when it is complete and complies with all applicable provisions of the Map Act and this Development Code.
B.
Review of parcel map.
1.
Submittal to City Engineer. Where the filing of a parcel map is required in compliance with this chapter after the approval or conditional approval of the tentative parcel map application, the subdivider may cause the real property included within the map to be surveyed and a parcel map prepared in compliance with the approved tentative parcel map application. All required documents necessary for adequate review of the parcel map shall be submitted to the City Engineer.
2.
Documents required for review. The document package submitted for review shall include a copy of the parcel map, survey closure calculations, and any other documents required by the City Engineer and/or identified in the City design guidelines and the tentative parcel map conditions of approval. The design guidelines issued by the City Engineer list the submittal requirements for a parcel map.
3.
Review of parcel map for condition and Government Code compliance. The City Engineer shall be the primary coordinator in seeing that the conditions of approval of the tentative parcel map and applicable provisions of the Government Code have been fulfilled. The City Engineer shall transmit maps to and request written reports from the City departments which have submitted conditions on the approved tentative parcel map. The City shall be responsible for submitting separately to any public agencies or other parties that have an interest in the land being subdivided. Within twenty (20) working days after receipt of a parcel map submittal, the City departments shall issue a preliminary written response listing any deficiencies and any items requiring additional information pertaining to the matters under its jurisdiction.
4.
Examination by City Engineer. Upon receipt of the parcel map, the City Engineer shall examine it as to sufficiency of affidavits and acknowledgments, correctness of surveying data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the Map Act, this chapter, and applicable City standards. If the parcel map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the parcel map, together with all required data, if the tentative parcel map has not expired.
C.
Filing of official copy of parcel map. If the parcel map and accompanying documents have been found satisfactory by the Director, the subdivider shall cause the parcel map to be officially filed with the City Engineer at least twenty (20) days before the expiration of the approved or conditionally approved tentative parcel map or any approved extension of time granted in compliance with Section 9.102.130 (Extensions of time for tentative maps). The parcel map shall not be officially filed until the engineer or surveyor has received notification from the City Engineer that all provisions of the tentative parcel map approval, the Map Act, this Development Code, the Municipal Code, and applicable City standards have been complied with. The filing of the official copy of the parcel map with the City Engineer shall constitute the timely filing of the parcel map.
D.
Improvement agreements and security requirements. The filing and recording of a parcel map shall be subject to the requirements of Section 9.112.040 (Improvement agreements and security).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.104.060 Parcel map approval.
After determining that the parcel map is technically correct and in full compliance with this section, the City Engineer may approve the parcel map in compliance with Map Act Section 66463(b) or, if deemed appropriate, forward it to the Council for approval or disapproval. After approval, the parcel map shall be transmitted by the City Engineer to the office of the County Recorder for recordation in compliance with Map Act Section 66450.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.104.070 Final maps.
As required by Section 9.100.080 (Types of subdivision approval required), a final map shall be prepared, filed, and processed in compliance with Section 9.104.090.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.104.080 Final map form and content.
A final map shall be prepared by or under the direction of a licensed land surveyor or civil engineer authorized to practice land surveying by the State of California. Final map submittal shall include all information and other materials prepared as required by the City policies, adopted standards, and the Map Act.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.104.090 Filing and processing of final maps.
A.
Filing with City Engineer. The final map, together with all data, information, and materials required by Section 9.104.080, shall be filed with the City Engineer in compliance with the time limitations specified in Section 9.102.120 (Tentative map time limits and expiration) and subsection E of this section (Time limit for filing final map). The final map shall be considered filed when it is complete and fully complies with all applicable provisions of the Map Act and this Development Code.
B.
Review of final map.
1.
Submittal to the City Engineer. After receipt of the action of the review authority approving or conditionally approving the tentative map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map prepared in compliance with the approved or conditionally approved tentative map application. All documents necessary for adequate review of the final map shall be submitted to the City Engineer.
2.
Documents required for review. The document package submitted for review shall include a copy of the final map, survey closure calculations, and any other documents required by the City Engineer, and/or identified in the City design guidelines and the tentative map conditions of approval. The design guidelines issued by the City Engineer list the submittal requirements for a final map.
3.
Review of final map for condition and Government Code compliance. The City Engineer shall be the primary coordinator in seeing that the conditions of approval of the tentative map and applicable provisions of the Government Code have been fulfilled. The City Engineer shall transmit maps to and request written reports from the City departments which have submitted conditions on the tentative map. Within twenty (20) working days after receipt of the final map submittal, the City departments shall issue a written response listing any deficiencies and any items requiring additional information pertaining to the matters under its jurisdiction.
4.
Examination by City Engineer. Upon receipt of the final map, the City Engineer shall examine it as to sufficiency of affidavits and acknowledgments, correctness of surveying data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the Map Act, this chapter, and applicable City standards. If the final map is found to be in substantial compliance with the tentative map and is in correct form, the matters shown on the map are sufficient, and the City Engineer is satisfied that all of the conditions of approval have been met, the City Engineer shall endorse approval of the final map. The City Engineer shall combine with the final map the agreements, easements, and securities as required by this chapter. The material shall be transmitted to the Council for its consideration of the final map.
C.
Filing of official copy of final map. If the final map and the accompanying documents have been found satisfactory by the City Engineer, the subdivider shall cause the final map to be officially filed with the City Engineer at least twenty (20) days before the expiration of the approved or conditionally approved tentative map or any approved extension of time granted in compliance with Section 9.102.130 (Extensions of time for tentative maps). The final map shall not be officially filed until the engineer or surveyor has received notification from the City Engineer that all provisions of the tentative map approval, the Map Act, this Development Code, the Municipal Code, and applicable City standards have been complied with. The filing of the official copy of the final map with the City Engineer shall constitute the timely filing of the final map.
D.
Time limit for filing final map. If the subdivider fails to file the final map with the City Engineer and the required accompanying data with the appropriate City departments within thirty-six (36) months for tentative maps (see Section 9.102.120(A) (Valid for thirty-six (36) months)) and twenty-four (24) months for vesting tentative maps (see Section 9.102.110(D)(4)(a)) after the date of first approval by the review authority or within any authorized extension of time, the tentative map approval or conditional approval shall become void. In this case, a new filing fee shall be paid, and an application for a new tentative map approval shall be filed.
1.
If one hundred twenty (120) days before the submittal of a final map, the subdivider has failed to comply with the tentative map conditions which require the subdivider to construct or install off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest, including an easement or license, then at the time the final map is filed with the local agency, to permit the improvements to be made, the subdivider shall enter into an agreement with the City through the City Engineer to pay all costs of the City in acquiring the property.
2.
The City shall have one hundred twenty (120) days from the filing of the final map, in compliance with Map Act Section 66457, to obtain interest in the land to allow the improvement(s) to be made by negotiation or proceedings in compliance with Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure, including proceedings for immediate possession of the property under Article 3 (commencing with Section 1255.410) of Article 6 of that title.
3.
In the event the City fails to meet the one hundred twenty (120) day time limitation, the condition for construction of off-site improvements shall be conclusively deemed to be waived.
4.
Before approval of the final map, the City may require the subdivider to enter into an agreement to complete the improvements, in compliance with subsection F of this section (Improvement agreements and security requirements) at the time as the City acquires an interest in the land which will allow the improvements to be made.
5.
“Off-site improvements,” as used in this subsection, do not include improvements which are necessary to ensure replacement or construction of housing for persons and families of low or moderate income, as defined in Health and Safety Code Section 50093.
F.
Improvement agreements and security requirements. If at the time of approval of the final map by the Council, any improvements required by local ordinance or as a condition of the approval of the tentative map have not been completed in compliance with City standards applicable at the time of the approval or conditional approval of the tentative map, the Council, as a condition precedent to approval of the final map, shall require the subdivider to enter into an agreement with the Council in compliance with Section 9.112.040 (Improvement agreements and security).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.104.100 Final map approval.
After determining that the final map is in compliance with Section 9.104.080, and is technically correct, the City Engineer shall forward the final map to the City Clerk for Council action, as follows:
A.
Review and approval by Council.
1.
Timing of Council’s review. The Council shall approve or disapprove the final map at the meeting at which it receives the map from the City Engineer or at its regular meeting after the meeting at which it receives the map, unless that time limit is extended with the mutual consent of the City Engineer and the subdivider.
2.
Criteria for approval. The Council shall approve the final map if it conforms to all of the requirements of the Map Act, all provisions of this Development Code that were applicable at the time that the tentative map was approved, and is in substantial compliance with the approved tentative map.
3.
City Engineer’s Certificate. Following approval by the Council the City Engineer shall execute the City Engineer’s certificate.
B.
Map with dedications. If a dedication or offer of dedication is required on the final map, the Council shall accept, accept subject to improvement, or reject any or all offers of dedication, at the same time as it takes action to approve the final map. If the Council rejects the offer of dedication, the offer shall remain open and may be accepted by the Council at a later date in compliance with Map Act Section 66477.2. Any termination of an offer of dedication shall be processed in compliance with Map Act Section 66477.2 using the same procedures as specified by Part 3 of Division 9 of the Streets and Highway Code.
C.
Map with incomplete improvements. If improvements required by this Development Code, conditions of approval, or other applicable laws have not been completed at the time of approval of the final map, the Council shall require the subdivider to enter into an agreement with the City as specified in Map Act Section 66462, and Section 9.112.040 (Improvement agreements and security), as a condition precedent to the approval of the final map.
D.
Recording of final map.
1.
After action by the Council and after the required signatures and seals have been affixed, the City Clerk shall transmit the final map back to the City Engineer.
2.
The City Engineer shall transmit the map to the County Recorder for recording.
3.
The County Recorder shall oversee the recording of the final map.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.104.110 Amendments to recorded parcel or final maps.
A recorded parcel or final map may be amended to correct errors in the recorded map or to change characteristics of the approved subdivision in compliance with Map Act Chapter 3, Article 7.
A.
Type of corrections allowed in compliance with Map Act Section 66469. In the event that errors in a parcel or final map are discovered after recordation, or that other corrections are necessary, the corrections may be accomplished by either the filing of a certificate of correction or an amending map, in compliance with Map Act Chapter 3, Article 7. For the purposes of this section, “errors” include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the parcel or final map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the City Engineer that does not affect any property right, including but not limited to acreage, parcel numbers, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed.
1.
Application and review process. An application to amend a recorded parcel or final map in compliance with Map Act Section 66469 shall be filed with the City Engineer. The City Engineer shall determine if the changes requested may be approved with a certificate of correction or an amending map. The City Engineer may request additional information based upon that determination and shall approve the certificate of correction or the amending map if the required findings specified in subsection (A)(2) of this section can be made.
2.
Findings. A parcel or final map may be amended, if the City Engineer first finds all of the following to be true:
a.
The change(s) requested only involves a minor map annotation correction(s);
b.
The amendment(s) does not impose any additional burden on the fee owners of the real property;
c.
The amendment(s) does not alter any right, title, or interest in the real property reflected on the map; and
d.
The map, as amended, is still in compliance with Map Act Section 66474.
B.
Type of corrections allowed in compliance with Map Act Section 66472.1. In the event that there are changes in circumstances which make any or all of the conditions of a recorded parcel or final map no longer appropriate or necessary, the following procedures shall be followed to amend the map:
1.
Application and review process. An application to amend a recorded parcel or final map in compliance with Map Act Section 66472.1 shall be filed with the Director. The Director shall refer the application to the City Engineer for comment. Once approved by both the Director and the City Engineer, the application shall be sent to the Council for approval of either a certificate of correction or an amending map. The Council shall approve the application if the required findings specified in subsection (B)(2) of this section can be made.
2.
Findings. A parcel or final map may be amended, if the Council first finds all of the following to be true:
a.
There is a change(s) in circumstances that make any or all of the conditions of the map no longer appropriate or necessary;
b.
The amendment(s) does not impose any additional burden on the fee owners of the real property;
c.
The amendment(s) does not alter any right, title, or interest in the real property reflected on the map; and
d.
The map, as amended, is still in compliance with Map Act Section 66474.
C.
Recordation. After approval, the certificate of correction or amending map shall be submitted to the County Recorder for recordation.
D.
Amendment of an approved subdivision. In the event that a subdivider wishes to amend (e.g., change or modify) the characteristics of an approved subdivision (e.g., a recorded parcel or final map), including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with Section 9.112.040 (Improvement agreements and security), the subdivider shall file a new tentative, parcel, or final map in compliance with this chapter or comply with the requirements of Map Act Section 66499.20-1/2.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.104.120 Parcel map approval for RHN (Regional Housing Needs) Overlay projects.
A.
Purpose. It is the purpose of this section to provide a ministerial review and approval process for dividing parcels, including parcels in excess of ten (10) acres in size, into qualifying RHN (Regional Housing Needs) Overlay project sites pursuant to Section 9.18.050.
B.
Review and approval of RHN parcel maps. Notwithstanding anything to the contrary in this chapter, when a project proposes to divide land into two (2) or more parcels, but fewer than five (5) parcels, for the purpose of developing one or more of the newly created parcels as a RHN (Regional Housing Needs) Overlay project pursuant to Section 9.18.050, the following shall apply:
1.
No tentative parcel map shall be required.
2.
The City Engineer shall make a finding in support of approval of a parcel map that the proposed map is consistent with the Municipal Code, the Map Act, and other applicable law with respect to parcel size, zoning, and density.
3.
The parcel map shall be approved in accordance with Section 9.104.060, except that final action shall rest with the City Engineer.
(§ 2, Ord. 20-15, eff. December 2, 2020)
§ 9.106.010 Purpose of chapter.
This chapter establishes requirements consistent with the Map Act for certificates of compliance, condominiums and condominium conversions, lot line adjustments, official maps, parcel mergers, and reversions to acreage.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.106.020 Certificates of compliance.
A.
General provisions.
1.
The City shall process and approve or disapprove applications for certificates of compliance as provided by Map Act Sections 66499.34 and 66499.35, and as specified by this section.
2.
Filing criteria and applicability.
a.
A recorded certificate of compliance may be requested by any person owning real property to have the Director determine whether the property complies with the provisions of this Development Code.
b.
A certificate of compliance may be required by the Department with the recordation of a notice of merger.
c.
A recorded certificate of compliance shall be required of all lot line adjustments.
d.
When contiguous deeds or surveys have ambiguities in which the property boundary cannot be ascertained as determined by the City Engineer and an agreement is reached to establish the line by all parties, a boundary line agreement and a certificate of compliance shall be recorded.
e.
When determined by the City Engineer, a certificate of compliance may be required for the remainder parcel(s) on parcel or final maps.
B.
Application. An application for the approval of a certificate of compliance or conditional certificate of compliance shall be filed with the Director and include the information required by the Director, together with the processing fee specified by the City’s Fee Schedule.
C.
Review and action. The Director shall review the completed application in light of public records and applicable law. If the Director and City Engineer are able to determine from this review that the parcel is clearly in compliance with the provisions of this chapter and the Map Act, a certificate of compliance shall be issued and delivered to the County Recorder for recordation. If the Director and City Engineer are unable to determine from this review that the parcel is clearly in compliance, the procedures specified in Map Act Section 66499.35 shall apply.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.106.030 Condominiums and condominium conversions.
Condominiums and condominium conversions shall comply with the following requirements:
A.
Condominiums. When a residential structure is proposed at the time of construction as a condominium, community apartment project, or stock cooperative, a tentative map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner in compliance with Chapter 102 of this title (Tentative Map Filing and Processing). Chapter 104 of this title (Parcel Maps and Final Maps) determines whether a parcel or final map shall also be filed.
B.
Condominium Conversions. A condominium conversion is the conversion of real property to a common interest development as defined by California Civil Code Section 1351.
1.
Approvals required. A conversion shall require the approval of a tentative map, and parcel or final map, except where a parcel map, or tentative and final map are waived in compliance with Map Act Section 66428(b) or Section 66428.1 for the conversion of a mobile home park (see Section 9.106.080 (Resident initiated mobile home park conversion)). If a parcel or final map is waived, a tentative map shall still be required. A record of survey shall be filed for a field survey required in Map Act Section 66428.1 in compliance with Business and Professions Code Section 8765(c).
2.
Application filing and processing. A tentative map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports, and shall be processed, approved or disapproved in the same manner as specified in Chapter 102 of this title (Tentative Map Filing and Processing), except as otherwise provided by the following provisions of this section.
3.
Application contents. Condominium conversion applications shall include the same information and materials as tentative map applications, except for conversions of residential projects, which shall also include the following information and materials.
a.
Residential condominium conversions. Applications for residential condominium conversions shall only be accepted for developments located within the R-2-A and R-2 Districts.
b.
Site plan review application required. A site plan review application in compliance with Chapter 56 of this title shall be filed and processed concurrently with the tentative map application.
c.
Tentative map. The tentative map for a condominium, community apartment project, or the conversion of five (5) or more existing dwelling units to a stock cooperative need not show the structures or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how the subdivision will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units by the City Engineer.
d.
Verification of stock cooperative vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10.
e.
Relocation assistance program. A program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing shall be provided concurrently with the tentative map application.
f.
Residential units are more than six (6) months old. For condominium conversions where the residential units are more than six (6) months old, the relocation assistance program required in compliance with subsection (B)(3)(e) of this section shall contain the following:
(1)
An assistance plan for the relocation of tenants in comparable housing; and
(2)
A report by the developer detailing the number and location of available rental housing units in the general location of the proposed condominium conversion project of comparable price range, unit size, and amenities to those of the proposed project.
g.
Vacancy rate assessment. An assessment of the vacancy rate in multifamily housing within the City shall be provided concurrently with the tentative map application.
4.
Staff report. The staff report on the tentative map for the condominium conversion shall be provided to the subdivider and each tenant of the subject property at least three (3) days before any hearing or action on the tentative map by the Commission.
5.
Public notice. The following notice shall be provided in addition to that required by Chapter 88 of this title (Public Hearings):
a.
Tenant notice. The subdivider shall give notice to all existing or prospective tenants in compliance with Map Act Section 66452.51, and shall provide the Department satisfactory proof that the notice was given; and
b.
Public hearing notice. Notice of the public hearing(s) on the tentative map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.
6.
Approval of conversion, required findings.
a.
Time limit, stock cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within one hundred twenty (120) days of the application being found complete in compliance with Section 9.102.030 (Tentative map filing, initial processing). The one hundred twenty (120) day time limit may be extended by mutual consent of the subdivider and the City.
b.
Conversion findings, residential projects. Approval of a tentative or final map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project, or stock cooperative shall not be granted unless the review authority first finds all of the following to be true:
(1)
Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received, in compliance with Map Act Section 66452.17, written notification of intention to convert at least sixty (60) days before the filing of a tentative map in compliance with Map Act Section 66452. There shall be a further finding that each tenant, and each person applying for the rental of a unit in the residential real project, has, or will have, received all applicable notices and rights now or hereafter required by this chapter or Map Act Chapter 3 (commencing with Section 66451). In addition, a finding shall be made that each tenant has received ten (10) days’ written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that the report will be available on request. The written notices to tenants required by this subsection shall be deemed satisfied if the notices comply with the legal requirements for service by mail.
(2)
Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within ten (10) days of approval of a final map for the proposed conversion.
(3)
Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given one hundred eighty (180) days’ written notice of intention to convert before termination of tenancy due to the conversion or proposed conversion. The provisions of this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.
(4)
Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of their respective unit upon the same terms and conditions that the 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 in compliance with Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of their intention not to exercise the right.
(5)
This subsection shall not diminish, limit, or expand, other than as provided herein, the authority of the City to approve or disapprove condominium projects.
7.
Completion of subdivision process. The filing, approval, and recordation of a parcel or final map in compliance with Chapter 104 of this title (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a parcel map or tentative and final map are waived for the conversion of a mobile home park in compliance with Map Act Section 66428.1 (see Section 9.106.080 (Resident initiated mobile home park conversion)). Where the maps have been waived, a certificate of compliance shall be recorded to complete the conversion action.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.106.040 Lot line adjustments.
A lot line adjustment is permissible in compliance with Map Act Section 66412(d), and the following:
A.
Application.
1.
A lot line adjustment is between four (4) or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed are not created.
2.
An application for a lot line adjustment shall be prepared by a licensed land surveyor or civil engineer authorized to practice land surveying by the State of California, shall be filed with the Director, and shall include the information required by the Department, together with the processing fee specified by the City’s Fee Schedule. No tentative, parcel, or final map shall be required for a lot line adjustment. A record of survey may be required to facilitate the preparation of the legal description to ensure the accuracy of the description or the elimination of the encroachments.
B.
Lot line adjustment procedures.
1.
Approval. After consultation with the City Engineer, the Director shall approve a lot line adjustment; provided, that all criteria specified in Map Act Section 66412(d) are met to the Director’s satisfaction.
2.
Findings. The Director shall make all of the following findings before approval of a lot line adjustment:
a.
The proposed lot line adjustment is consistent with the General Plan, this Development Code, and any applicable specific plan; and
b.
The proposed lot line adjustment will not adversely affect public health and safety.
3.
Post approval actions. The City Engineer shall submit a certificate of compliance or a conditional certificate of compliance, along with new grant deeds and appropriate trust deeds which describe the new boundaries of the parcels to the County Recorder for recordation.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.106.050 Official maps.
A.
Purpose. The purpose of this section is to provide procedures for official maps.
B.
Applicability. Official maps shall be required as described in Map Act Section 66499.52.
C.
Procedures. Official maps shall be reviewed and processed using the procedures specified in Chapter 102 of this title (Tentative Map Filing and Processing), the procedures pertaining to the processing and approval of parcel maps or final maps in Chapter 104 of this title (Parcel Maps and Final Maps), and the provisions of Map Act Division 3 (Official Maps).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.106.060 Parcel mergers.
A.
Procedures for merger of parcels. Two (2) or more parcels may be merged as follows:
1.
Parcels may be merged in compliance with the procedures specified in Map Act Division 2, Chapter 3, Article 1.5. A parcel or unit may be merged with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size as specified by this Development Code applicable to the parcels or units of land, and if all of the requirements of Map Act Section 66451.11 are satisfied. Parcel mergers may be mandatory mergers initiated by the City or voluntary mergers initiated by the property owner.
2.
Parcels may also be merged in compliance with Map Act Section 66499.20-1/2 or 66499.20-3/4 pertaining to the reversion to acreage.
B.
Voluntary merger of contiguous parcels.
1.
Description and purpose. It is the purpose of this section to allow property owners to request a voluntary merger of contiguous parcels that are under the same ownership.
2.
Process. The property owner shall file an application for a parcel merger. The Director shall be the review authority. The merger of the subject parcels becomes effective when the Director causes a notice of merger specifying the names of the record owners and a description of the real property to be filed for record with the County Recorder.
3.
Requirements. A parcel may be merged with one or more contiguous parcels held by the same owner: if any one of the contiguous parcels held by the same owner does not conform to standards for minimum parcel size or dimension specified by the applicable land use zoning district; if the property owner wishes to construct a structure across the property line(s) of two (2) or more contiguous parcels; or, if at least one of the parcels meets one or more of the requirements specified in the Map Act Section 66451.11(b).
C.
Findings. The Director shall find that all of the following are true before recording a notice of merger.
1.
The parcels to be merged at the time of merger are under common ownership;
2.
The parcels as merged will be consistent with or be more closely compatible with the applicable land use zoning district regulations and any other planning policies relating to the subject property and parcel configuration;
3.
The parcels as merged will not be deprived of legal access as a result of the merger and access to the adjoining parcels will not be restricted by the merger; and
4.
All current and any delinquent taxes have been paid on all affected parcels.
D.
Post approval actions.
1.
If the merger is processed in compliance with Map Act Chapter 3, Article 1.5, the Director shall submit a notice of merger to the County Recorder for recordation in compliance with Map Act Section 66451.19.
2.
If the merger is processed in compliance with Map Act Section 66499.20-1/2 or 66499.20-3/4, the City Engineer shall follow the procedures for the approval and recordation of a parcel map in compliance with Section 9.104.060 (Parcel map approval) or for the approval and recordation of a final map in compliance with Section 9.104.100 (Final map approval).
E.
Requirements for unmerger of parcels. The unmerger of parcels within the City shall comply with Map Act Division 2, Chapter 3, Article 1.7.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.106.070 Reversion to acreage.
A.
General provisions.
1.
A reversion to acreage shall be initiated, processed, reviewed, and approved or disapproved in compliance with Map Act Chapter 6, Article 1.
2.
An application for reversion submitted by a property owner shall include all information required by the Department, and shall include the fee required by the City’s Fee Schedule.
3.
A parcel map may be filed to revert to acreage land previously subdivided that consists of four (4) or less contiguous parcels, in compliance with Map Act Section 66499.20-1/4.
B.
Procedures.
1.
The Commission shall hold a public hearing on all petitions for, and Council initiations of, reversions to acreage.
2.
In the case of a reversion to acreage by parcel map, the Commission may approve the reversion to acreage only if it first makes all of the findings required by subsection C of this section.
3.
For a reversion to acreage by final map, the Commission shall render its decision in the form of a written recommendation to the Council. The recommendation shall include the reasons for the recommendation and shall be transmitted to the Council. Upon receipt of the recommendation of the Commission, the Council shall hold a public hearing. The Council may approve a reversion to acreage only if it first makes all of the findings required by subsection C of this section.
C.
Findings. Before approval, the review authority shall first find that all of the findings required by Map Act Section 66499.16 are true.
D.
Post approval actions. After the hearing before the Commission and/or the Council and approval of the reversion to acreage, the parcel or final map shall be delivered to the City Engineer. The reversion to acreage shall be effective upon the parcel or final map being filed for recordation by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the parcel or final map for reversion shall be of no further force or effect.
E.
Effect of reversion. The filing of a parcel map or final map to complete a reversion to acreage shall also constitute the merger of the separate parcels into one parcel, in compliance with Map Act Section 66499.20-1/2.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.106.080 Resident initiated mobile home park conversion.
A.
Purpose. The purpose of this section is to facilitate resident purchase of mobile home parks. This section allows the waiver of certain subdivision requirements and expedites local government processing for mobile home park conversions to condominiums or stock cooperatives. These conversions will preserve an important source of affordable housing.
B.
Applicability. For the purposes of this section, an application for subdivision shall be considered “resident initiated” when signed by a resident organization formed by the tenants of the subject mobile home park for the purpose of purchasing the mobile home park. The proposed conversion shall be supported by a minimum of two-thirds (2/3) of the current residents of the park. The resident organization shall have a legally binding contract, which, if the conditions of the contract are met, would result in the acquisition of an interest in the mobile home park. A pre-application conference may be requested by the applicant(s) before formation of the resident organization or before entering into a legally binding contract, provided the Director determines in writing that it is reasonable to believe that the contract may be entered into within a twelve (12) month period.
C.
Exclusions. The provisions of this section shall not apply to:
1.
The purchase of a mobile home park by a nonprofit corporation which is subject to the provisions of Business and Professions Code Section 11010.8; or
2.
Special occupancy parks (e.g., recreation vehicle parks) as defined in Mobile Home Parks Act Section 2008 of the California Code of Regulations Title 25.
D.
Waiver of tentative and final map requirements. Notwithstanding other provisions of this chapter, the requirement for the filing of a tentative map and the preparation, filing, and recordation of a final map for a mobile home park conversion to a condominium or stock cooperative on a single parcel may be waived by the Director in compliance with Map Act Section 66428.1, provided the following procedures are followed by a resident organization desiring to convert their park and the necessary findings are made by the Director:
1.
Pre-application conference. Before filing an application for mobile home park conversion, the resident association shall have a pre-application conference with the Director. The purpose of this conference is to determine that the proposal qualifies under the provisions of this section. The following information shall be submitted with the application for the conference:
a.
Previously approved plot plan for the mobile home park. If none exists, a plot plan shall be filed in compliance with the requirements established by and available at the Department.
b.
A supplemental report to include the following information:
(1)
Name of consultants, if any.
(2)
Disclosure of all known fees and costs for the conversion process.
(3)
Documentation demonstrating that a minimum of two-thirds (2/3) of the residents of the mobile home park support the proposed conversion.
(4)
Declarations from those residents supporting the conversion that their principal place of residence is within the subject mobile home park.
(5)
The location of the park and results of a field inspection done by the applicant(s) or consultant regarding the status of the compliance of the park with the City health and safety standards in effect at the time the park was created. Any on-site dedications or public improvements to be required shall be specified by the Director.
(6)
Proposed tentative schedules to expedite meeting and coordinating any requirements of the Director and the Department of Real Estate, including but not limited to the public report. The schedule shall include an outline of the permits and noticing required allowing this conversion and the estimated time at which the permits are obtained.
(7)
Evidence showing that the sixty (60) day notice of intent to file the conversion application (as required by Map Act Section 66427.1(a)) has been met.
(8)
Initial report on the impact of the conversion on the residents of the mobile home park. This report is needed to determine whether an impact report as required in Map Act Section 66427.4 is needed. The report shall specify whether any residents of the park are to be involuntarily displaced and any proposed measures to mitigate the displacement. A resident, who is offered an opportunity to remain in the park after the conversion through continuation of the tenancy at generally the same terms as existed before proposed conversion, shall not be considered involuntarily displaced. At the pre-application conference the Director shall indicate whether an impact report needs to be filed with the formal application for the conversion. If it is required, the Director shall identify in detail any additional items to be required as mitigation measures to assist any displaced residents. No current resident shall be involuntarily displaced without proper notice, assistance, or compensation, to be worked out on a case-by-case basis. The noticing, assistance, or compensation may include the following:
(a)
The project shall comply with the Mobile Home Residency Law, Civil Code Section 798 et seq.
(b)
The project applicants may be required to provide relocation assistance in compliance with Federal, State, or local laws.
c.
The Director shall field check the park before the scheduled meeting. The Director shall establish if the proposed mobile home park conversion meets the intent and is capable of meeting the provisions of this section. The Director shall attempt to inform the applicant(s) at the earliest opportunity if a public hearing is to be required. If the proposed mobile home park conversion is acceptable, the Director shall identify the information the applicant needs to file to proceed with the proposal. The information shall include the following:
(1)
If the parcel upon which the park lies was created before January 1, 1974, a parcel map application shall be required. The application shall be processed concurrently with any other information filed in compliance with the pre-application conference.
(2)
Mobile home park conversion impact report, if required at the pre-application conference to meet the requirements of Map Act Section 66427.4. The report shall be given to each resident within the mobile home park.
(3)
Mobile home park plot plan if no plot plan was previously approved.
(4)
Any special information which was specified by the Director. Among the information may be information to assist in the environmental review of the proposal.
(5)
Certificate of compliance application.
d.
The review and processing of any application in compliance with this section shall be subject to the same review and time requirements and appeal procedures as are provided in this chapter for tentative maps. In any case where waiver of the tentative and final map is granted, the Director shall cause to be filed for record with the County Recorder a certificate of compliance in compliance with this chapter. The Director may require a public hearing in compliance with Chapter 88 of this title (Public Hearings). Should a public hearing be required, the noticing provisions of Map Act Section 66451.3 shall be met.
2.
Findings for approval. A mobile home park conversion shall be approved or conditionally approved only if all of the following are first found to be true:
a.
The mobile home park complies with the requirements established by State law and City ordinance for these uses at the time the mobile home park was constructed. The regulations shall include those regarding area, improvement and design, flood water drainage control, public roads, sanitary disposal facilities, water supply and distribution systems, environmental protection, and other requirements of the Map Act and this chapter;
b.
Any measures necessary to mitigate the impact of the conversion on current residents of the park have been required as conditions of approval; and
c.
Applicable noticing requirements of the Map Act have been, or will be met.
3.
Conditions of approval. The following conditions may be required by the Director as conditions of approval for the proposed conversion:
a.
Subdivisions allowed by this section may include conditions requiring a compliance survey inspection to the satisfaction of the Director. However, the survey shall be limited to require improvements relating only to items of a health and safety nature.
b.
The mobile home condominiums or stock cooperatives shall be subject to California Code of Regulations Title 25.
c.
Only additional on-site improvements or development standards which were applicable at the time the mobile home park was originally developed may be required.
d.
Off-site public improvements for qualifying mobile home parks shall be waived, except as follows:
(1)
Any off-site improvements shall be financed with appropriate assessment bonds.
(2)
The certificate of compliance shall not be delayed or contingent upon completion of the off-site improvements.
e.
Any requirements and/or documents required by the State Common Interest Development Act, Title 6 (commencing with Section 1350), Part 4, Division 2 of the California Civil Code.
f.
Conditions of approval necessary to ensure any noticing requirements that are required by Map Act Section 66427.1 are met.
g.
Any plan or document required to be submitted to the Department of Real Estate shall be reviewed for consistency with the approved project and plot plan. The plan shall reference the waiver notice requirement in subsection (D)(3)(h) of this section to the satisfaction of the Director.
h.
Notice shall be placed on the certificate of subdivision compliance that standard subdivision requirements for the creation of condominiums/stock cooperatives have been waived by the City and only conditions applicable to the original development of the mobile home park have been required.
i.
The Director may impose any conditions of approval to ensure any appropriate measures for relocation assistance are implemented.
j.
No mobile home shall be required to be placed on a permanent foundation as a result of the conditional approval.
k.
Any condition of approval required in compliance with this section shall be drafted to expedite the conversion process.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.108.010 Purpose of chapter.
This chapter establishes standards for subdivider dedications of land or payment of fees, in conjunction with subdivision approval.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.108.020 Applicability.
Each proposed subdivision shall comply with the requirements of this chapter for dedications, reservations, or the payment of fees.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.108.030 Dedications.
A.
Streets, highways, and flood control rights-of-way.
1.
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:
a.
Access rights and abutters’ rights;
b.
Alleys;
c.
Drainage easements;
d.
Parks;
e.
Public utility easements;
f.
Streets; and
g.
Other public easements.
2.
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. The subdivider may also be required to dedicate the additional land as may be necessary and feasible to provide bicycle and pedestrian paths for the use and safety of residents of the subdivision.
B.
Drainage rights-of-way. When the Director determines that drainage rights-of-way are necessary, the subdivider shall offer to dedicate upon the final map of the subdivision the necessary rights-of-way for drainage facilities.
C.
Flood control dedication. Where dedication is offered for Fresno Metropolitan Flood Control District rights-of-way, the rights-of-way shall be shown as parcels lettered alphabetically on the final map. The offer of dedication shall be made by an appropriate certificate on the title sheet of the final map, and, in addition, an executed deed conveying fee title to the right-of-way to the Fresno Metropolitan Flood Control District shall be delivered to the District.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.108.040 Acceptance of dedications.
A.
Certification of Council action. At the time the Council approves a final map, it shall also accept, subject to improvement, or reject any offer of dedication. The City Clerk shall certify on the map the action of the Council.
B.
Resolution of acceptance. The City Clerk shall cause a resolution of acceptance of dedications by the Council to be filed with the County Recorder.
C.
Deferred acceptance.
1.
If at the time the final map is approved, any streets, alleys, paths, public utility easements, rights-of-way for local transit facilities including bus turnouts, benches, shelters, landing pads, and similar items that directly benefit the residents of a subdivision, or storm drainage easements, are rejected subject to Code of Civil Procedure Section 771.010, the offer of dedication shall remain open and the Council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, alleys, paths, rights-of-way for local transit facilities including bus turnouts, benches, shelters, landing pads, and similar items that directly benefit the residents of a subdivision, or storm drainage easements for public use.
2.
The acceptance shall be recorded in the office of the County Recorder.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.110.010 Purpose of chapter.
This chapter establishes standards for the design and layout of subdivisions, and the design, construction, or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan, any applicable specific plan, and zone-specific standards.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.110.020 Applicability of design and improvement standards.
The requirements of this chapter apply as follows:
A.
Extent of required improvements. Each subdivision of four (4) or fewer parcels, and each subdivision of five (5) or more parcels, shall provide the improvements required by this chapter, and any additional improvements required by conditions of approval.
B.
Applicable design standards, timing of installation. The subdivider shall construct all on-and off-site improvements according to standards approved by the City Engineer. No parcel or final map shall be presented to the Council for approval and no parcel map shall be presented to the City Engineer for approval until the subdivider either completes the required improvements or enters into a subdivision improvement agreement with the City for the work in compliance with Section 9.110.050 (Subdivision improvement requirements).
C.
Subdivision improvement standards: Conditions of approval. The applicable subdivision improvement and dedication requirements of this chapter and any other improvements and dedications required by the review authority in compliance with Section 9.102.060 (Tentative map approval or disapproval), shall be described in conditions of approval adopted for each approved tentative map (Section 9.102.070). The design, construction, or installation of all subdivision improvements shall comply with the requirements of the City Engineer.
D.
Oversizing of improvements.
1.
At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the City, in compliance with Map Act Chapter 4, Article 6.
2.
In the event that oversizing is required, the City shall comply with all applicable provisions of Map Act Section 66485 et seq., including the reimbursement provisions of Map Act Section 66486.
3.
If a parcel proposed for subdivision is subject to an existing reimbursement agreement, the subdivider shall pay the required reimbursement before the recordation of the parcel or final map, or the issuance of a building permit for construction on the parcel, whichever occurs first.
E.
Exceptions. Exceptions to the requirements of this chapter may be requested and considered in compliance with Section 9.100.100 (Exceptions to subdivision standards).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.110.030 Subdivision design standards.
A.
Purpose. This section establishes standards for the design and layout of subdivisions, and the design, construction, or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan and any applicable specific plan.
B.
Applicability. Each subdivision shall be designed in compliance with the standards of this section, except where an exception is granted in compliance with Section 9.100.100 (Exceptions to subdivision standards).
C.
Roads and streets. The layout, design, and construction of proposed roads and streets shall comply with the General Plan, and adopted City street standards.
1.
Street alignment plan. If the General Plan (or any applicable specific plan) designates a general location of a proposed street and any portion thereof may be wholly or partially located within a proposed subdivision or may be affected by a proposed subdivision before the approval of the subdivision, a specific alignment plan shall be prepared and adopted. Each street shall conform in width and alignment with that shown or indicated on the General Plan or any standards adopted in compliance with the General Plan. As a condition of approval of the subdivision, the subdivider shall be required to make dedications and construct reasonable improvements as required by the specific alignment plan. These requirements may be waived by the Director upon recommendation of the City Engineer, if the proposed street is located upon a section line or its precise alignment can be otherwise determined.
2.
Circulation standards.
a.
Streets and street layout. The layout, design, and construction of proposed streets shall comply with the General Plan, the Municipal Code (e.g., Titles 6 and 7), this Development Code, and the requirements of Table 7-2 (Street Standards).
TABLE 7-2 STREET STANDARDS | ||||
|---|---|---|---|---|
Category of Street | Standard Minimum Widths | Minimum Curve Radius | ||
Overall | Curb to Curb | Median | ||
Alley (one-way) | 20 ft. | Clear Width | None | 200 ft. |
Alley (two-way) | 24 ft. | Clear Width | None | 200 ft. |
Arterial streets | Varies | 80 ft. | 16 ft. | 600 ft. |
Collector streets | Varies | 64 ft. | None | 600 ft. |
Cul-de-sac streets | 50 ft. | 36 ft. | None | 200 ft. |
Expressways | Varies | 86 ft. | 16 ft. | 600 ft. |
Industrial streets | 62 ft. | 48 ft. | None | 200 ft. |
Local streets | 50 ft. | 36 ft. | None | 200 ft. |
Street intersections | Right angles preferred, not less than 75 degrees | |||
b.
Subdivision access. The subdivision and each of its phases shall have a minimum of two (2) points of vehicular ingress and egress from existing and surrounding streets. Where providing this access is physically impossible or a cul-de-sac is proposed, this requirement may be waived or modified by the City Engineer.
D.
Additional standards.
1.
Applicable standards. In addition to the standards contained in Table 7-2 (Street Standards), the following additional standards shall apply:
a.
Freeways, limited access, and unlimited access State highways shall conform to the standards of the California Department of Transportation and where the same are involved in any subdivision, they shall receive special attention. The standards of the California Department of Transportation shall be deemed to be the minimum standards acceptable.
b.
Minor street intersections within subdivisions shall generally be designed as “T” intersection.
c.
Special local streets where freeways, grade separations, parkways, railroads, or other dominant factors are involved shall receive special consideration.
d.
Suitable tangents, when possible, shall be used between all curves.
e.
In areas where no official plans exist, the layout of all improvements, including curbs, gutters, parkways, planting strips, sewer lines, sidewalks, streets, streetlights, trees, and water mains located within the public rights-of-way, shall be in compliance with adopted City standards, and where no standards have been adopted, the arrangements shall be subject to review and approval by the City Engineer.
2.
Interconnected streets. Streets proposed within a new subdivision shall be interconnected and shall connect with adjacent streets external to the subdivision, to provide multiple routes for pedestrian and vehicle trips from, to, and within the subdivision, as determined by the review authority to be appropriate.
3.
Street extensions and stub streets.
a.
Street extensions. Where the subdivision adjoins unsubdivided land, streets in the subdivision shall be extended to the adjacent unsubdivided land, as prescribed by the review authority, to provide access to the unsubdivided land in the event of its future subdivision.
b.
Stub street improvements. In the case of stub end streets extending to the boundary of the property, a barricade, the design to be approved by the City Engineer, shall be constructed at the end of the stub end street, pending the extension of the street into adjacent property. Where required by the review authority, a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider.
4.
Dead-end streets. Subdivision design shall not include dead-end streets except where through streets cannot be provided because of existing development or an environmental feature requiring protection and/or preservation (e.g., a creek channel). The length of a dead-end street shall not exceed five hundred feet (500'), as measured from the center of the closest intersection to the center of the cul-de-sac bulb, and these streets shall provide a suitable turnaround designed to the satisfaction of the Director and City Engineer.
5.
Intersection design. All streets shall normally intersect as nearly as possible at right angles, except when it can be shown that any other street pattern will improve design of the subdivision without hindering traffic safety.
6.
Pedestrian walkways away from street front-ages. As part of subdivision approval, the City may require dedicated and improved pedestrian walkways in locations away from street frontages where necessary to provide safe and convenient pedestrian access to a public facility or to otherwise provide convenient connections between existing pedestrian routes. Where walkways are required, the City Engineer shall specify the standards for their design and construction.
7.
Street dedications. A street that is not constructed to City standards will not be accepted by the City for dedication as a public street. However, even a street that complies with all applicable City standards may not be accepted for dedication. Acceptance of street dedication is at the discretion of the City.
E.
Long blocks. Long blocks shall be desirable adjacent to main thoroughfares in order to reduce the number of intersections.
F.
Parcel design. The arrangement, shape, and size of proposed parcels shall comply with this section, and with any General Plan policy, specific plan requirement, or other Municipal Code provisions that apply to proposed subdivisions.
1.
General parcel design standards.
a.
Each proposed parcel shall be determined by the review authority to be “buildable” because it contains at least one building site that can accommodate a structure in compliance with all applicable provisions of this Development Code.
b.
No parcel shall be created that is divided by a City, County, school district, or other taxing district boundary line.
c.
No subdivision shall be approved which leaves unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the City or other appropriate entity for public use, or maintained as common area, within the development.
2.
Parcel area.
a.
Compliance with Division 2 of this title. The minimum area for new parcels shall be as required by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) for the applicable zoning district, except as otherwise provided by this section.
b.
Minimum parcel area requirements for common interest projects. The minimum parcel area requirements of Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) shall not apply to condominiums, condominium conversions, and townhouses, but shall apply to the creation of the original parcel(s) that are the location of the condominium or townhouse.
3.
Dimensions. The dimensions of new parcels shall comply with the applicable provisions of Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), or as otherwise required by the review authority.
4.
Lot line orientation. Side lot lines shall be at right angles to the street on straight streets and shall be approximately radial on curved streets.
5.
Parcel configuration. The layout of proposed parcels and streets shall be designed to use land efficiently and minimize site disturbance in terms of cuts and fills and the removal of vegetation. See also the parcel design provisions regarding energy conservation in subsection H of this section (Energy conservation).
a.
Street frontage required. Each proposed parcel shall have frontage on a public street. The frontage width shall be at least the minimum parcel width required by the applicable zoning district, except where a flag lot is approved in compliance with subsection (F)(5)(c) of this section (Flag lots). The review authority may exempt parcels created under a PUD from the requirements of this subsection.
b.
Double-frontage parcels prohibited.
(1)
Parcels with streets along both the front and rear parcel lines shall be discouraged. (An alley is not considered a street for the purposes of this subsection.)
(2)
For through parcels as described in subsection (F)(5)(b)(1) of this section, the Director shall determine which frontage(s) shall be considered as the “parcel front” or “parcel frontages” for the purposes of compliance with the minimum setback requirements identified in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
c.
Flag lots. Flag lots may be approved only where the review authority first determines that unusual depth or other characteristic of a parcel to be subdivided prevents one or more proposed parcels from having a frontage width equal to the minimum parcel width required by the applicable zoning district. Where allowed, the “flagpole” portion of a flag lot shall have a minimum width of thirty feet (30'), provided the review authority may require additional width depending upon the length of the flagpole and traffic safety sight distance considerations.
G.
Public access to public resources. Each proposed subdivision shall be designed and constructed to provide public access to waterways, lakes, and reservoirs in compliance with Map Act Chapter 4, Article 3.5 (Public Access to Public Resources).
H.
Energy conservation. Each proposed subdivision shall be designed to provide maximum opportunities for energy conservation, including opportunities for passive or natural heating or cooling opportunities, in compliance with Map Act Section 66473.1, as follows:
1.
Street layout. The streets proposed in a subdivision shall be planned in a primarily east-west orientation where feasible.
2.
Parcel and building site design. Proposed parcels shall be designed, where feasible, to provide building sites that allow the orientation of structures in an east-west alignment for southern exposure, and to take advantage of existing shade or prevailing breezes.
I.
Fire protection.
1.
Subdivision design shall provide for safe and ready access for fire and other emergency equipment and for routes of escape to safely handle evacuations.
2.
The subdivision shall be served by water supplies for community fire protection in compliance with the standards established by the City Fire Department.
3.
In hazardous fire areas, all flammable or combustible vegetation shall be removed from around all structures, in compliance with the requirements of the City-adopted Uniform Fire Code. Where erosion is probable, the slopes shall be planted with fire resistive groundcover.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.110.040 Site preparation and grading for subdivision construction.
A.
Grading. Before the issuance of a building permit, a grading plan prepared and signed by a registered civil engineer shall be submitted to and approved by the City Engineer. Grading plans shall show the elevations of the natural ground, the finished grade at corners, the finished pad elevation, finished floor elevations, rates and directions of all drainage swales, elevation height of all retaining or perimeter walls and finished sidewalk elevations at all front lot lines, and existing topographic elevations and drainage direction outside the boundary of proposed project.
1.
Minimum slopes. The minimum grade of all drainage swales on parcels shall be established by the California Building Code unless approved differently by the Building Official.
2.
Pad elevation, residential. The building pad elevation of residential parcels shall be established at a minimum of ten inches (10") above the design sidewalk elevation at the lowest point of the parcel. The finished floor elevation of slab floor houses shall be a minimum of eighteen inches (18") above the sidewalk elevation. An exception may be allowed in the case of a proposed subdivision where the Building Official determines that an alternate standard would be appropriate for the site. The standards of this subsection shall apply to any building pad elevation, except where the requirements of the California Building Code (CBC) exceed these standards, in which case the requirements of the CBC shall apply.
3.
Drainage plan. No inter-parcel or “cross drainage” shall be allowed. Each parcel shall drain its own water to a public street, approved public or private drainage facility, or natural drainage course without passing through or across an adjacent parcel, except where a legal right exists (e.g., a drainage easement), and is authorized by the City Engineer. No parcel shall drain water over the bank of a flood control channel.
4.
Grading practices. All grading within the City shall employ the best available management practices, as determined by the City Engineer, to minimize erosion, sedimentation, airborne dust, and unnecessary grading. Each building site on sloping parcels shall be individually prepared.
5.
Grading exceptions. Specific exceptions to the above requirements may be authorized at the discretion of the City Engineer or the Building Official.
6.
Bonding. The City may require as a condition of approval that a bond be secured before any grading when the grading is proposed before recordation of the parcel or final map. This bond would be used to install landscaping and appropriate erosion control measures as needed if the subdivider abandons the project after grading occurs. All bonding shall be in compliance with Section 9.112.040 (Improvement agreements and security).
7.
As-built grading plan. Upon completion of grading operations the subdivider or individual parcel owner shall furnish to the City Engineer an asbuilt grading plan prepared by the subdivider’s or owner’s engineer.
8.
Compliance with California Building Code required. Every map approved in compliance with the provisions of this chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damages to off-site property, in compliance with Appendix Chapter 70 of the California Building Code, as adopted and amended from time to time by the City.
9.
Retaining walls.
a.
Retaining walls shall be required at grade differences of one foot or more, unless a recorded slope easement is obtained.
b.
Retaining walls shall be constructed in compliance with adopted City standards.
c.
Retaining walls one foot or more in height shall be constructed of masonry or concrete, and shall be engineered to City standards.
B.
Erosion and sediment control. A proposed subdivision shall be designed so that all grading incorporates appropriate erosion and sediment control measures.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.110.050 Subdivision improvement requirements.
A.
Bicycle/walking paths and hiking/equestrian trails. The subdivider shall construct bicycle paths, multiple use trails, and/or access to multiple use trails within an approved subdivision in compliance with the Circulation, Open Space, Conservation and Recreation Plan Elements of the General Plan and any applicable specific plan.
B.
Bridges and major thoroughfares. The City may assess and collect fees as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares in compliance with Map Act Section 66484, after the City has established a master plan for bridge crossings and major thoroughfares by ordinance.
C.
Fire hydrants. The subdivider shall install fire hydrants, with their associated underground water pipes, of sizes and locations as required and approved by the City Fire Department.
D.
Monuments. The subdivider shall install monuments in compliance with the requirements of the City Engineer, and Map Act Chapter 4, Article 9.
E.
Private facilities: Maintenance. A subdivision with common area or private streets shall have conditions, covenants, and restrictions (CC&Rs) approved by the City to provide for the proper maintenance of the common areas and/or private streets, and establish standards for maintenance.
F.
Public utilities. Each approved parcel shall be provided connections to public utilities, including electricity, gas, water, sewer, and telecommunications services, which shall be installed as part of the subdivision improvements as provided by this section.
1.
Underground utilities required.
a.
Utility lines, including communications, electric, telephone, and street lighting, located within or directly serving each subdivision, shall be placed underground.
b.
The subdivider is responsible for complying with the requirements of this subsection without expense to the City, and shall make necessary arrangements with the appropriate utility company for the installation of the facilities. Appurtenances and associated equipment (e.g., boxes and meter cabinets) and concealed ducts in an underground system may be placed above ground.
c.
This subsection shall not apply to existing utility or common carrier routes in use at the time the subdivision is completed which do not provide service to the area being subdivided.
d.
Aerial routes still in existence at the time the subdivision is completed may be reinforced from time to time as conditions dictate; however, all provisions of this subsection shall be subject to the requirements of any underground district created in compliance with Chapter 3 of Title 7 (Underground Utility Districts) in existence before the subdivision of the land or created after the subdivision.
2.
Cable television systems. If a local cable television system is available to serve the project, any subdivision for which a tentative map is required, or a parcel map for which a tentative map was not required, shall be designed to provide the appropriate cable television system an opportunity to construct, install, and maintain on land as reserved for cable television service or by separate instrument, any equipment necessary to extend cable television services to each residential parcel in the subdivision.
a.
“Appropriate cable television system,” as used in this subsection, means those franchised or licensed to serve the geographical area in which the subdivision is located.
b.
This subsection shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.
3.
Reimbursement for relocation or replacement. Whenever the City imposes as a condition of its approval of a tentative map or a parcel map a requirement that necessitates replacing, under-grounding, or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, common carrier, or other public utility, the developer or subdivider shall reimburse the appropriate facility provider for all costs for the replacement, undergrounding, or relocation. All of these costs shall be billed after they are incurred, and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. Under no circumstances shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities.
G.
Sewage disposal.
1.
Each parcel within an approved subdivision shall be provided a connection to the City’s sewage collection, treatment, and disposal system, in compliance with the City’s adopted improvement standards and specifications.
2.
The subdivider shall also pay the City’s required connection fee.
3.
When sanitary sewer mains are existing, the subdivider shall pay for these improvements, in compliance with the provisions of Chapter 4 of Title 6, for the developed lots.
4.
All sanitary sewer mains, appurtenances, and service connections shall be constructed or laid to the line and grade established by the City Engineer and shall be of a design and size as designated.
5.
Sewers shall not be installed in utility easements, except in special cases and circumstances, subject to the approval of the City Engineer.
H.
Street lighting.
1.
All proposed subdivisions shall provide street lighting facilities designed and constructed in compliance with the City’s adopted improvement standards and specifications.
2.
The City shall pay the energy fee for lighting of public streets.
3.
The subdivider shall pay for streetlight maintenance on City-owned decorative fixture lighting as required by the City.
I.
Street signs and street names.
1.
Street names. All public and private streets located within a proposed subdivision shall have names in compliance with the procedures established by the City Engineer. The duplication of an existing street name within the same area shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street.
2.
Street name signs.
a.
The subdivider shall reimburse the City, through developer fees, for the cost of materials, manufacturing, and installation of street name signs.
b.
One set of signs shall be installed at each intersecting street identifying each street name at a location(s) determined by the Public Utilities Director.
c.
All street name signs shall be made and installed by the City Public Utilities Department.
J.
Storm drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system.
1.
A subdivision that lies in the path of existing watercourses or overflows from existing watercourses, or natural drainage from upstream properties, shall not be approved unless adequate dedicated rights-of-way or improvements are provided as deemed satisfactory by the City Engineer.
2.
When the City Engineer determines that a subdivision may cause an unnatural increase or concentration of surface waters onto downstream property, the subdivision shall not be approved unless drainage outlets are provided that will be adequate to render the Fresno Metropolitan Flood Control District harmless from any damages caused by the increase or concentration of water.
3.
The location, size, and type of watercourses or drainage works, and all drainage of streets and other drainage works between streets, shall comply with City standards or as required by the City Engineer.
4.
When the City Engineer determines that drainage rights-of-way are necessary, the subdivider shall offer to dedicate upon the tentative, parcel, or final map of the subdivision or by separate instrument the necessary rights-of-way for the drainage facilities.
K.
Water supply.
1.
Supply. Each approved parcel shall be served by the City’s water distribution system and shall be designed and constructed to accommodate both domestic and fire flows, together with necessary fire hydrants to serve each lot proposed to be created.
2.
Wells. The subdivider shall deed a well site to the City when required and provide for drilling a test hole to determine if the quality and quantity of water is sufficient to serve as a master plan well. The subdivider shall also, when required, provide for drilling and developing the actual production well and supplying a pump, motor, and well head treatment, when required, for the well.
L.
Special facilities. Special facilities as required by the General Plan, any applicable specific plan, or as a special condition of the subject zoning district shall be provided.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.112.010 Purpose of chapter.
This chapter provides standards for the preparation and review of improvement plans, the installation of improvements, and for security to guarantee installation of the improvements.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.112.020 Improvement plans.
After the approval of a tentative map and before the construction of any improvements, the subdivider shall submit plans to the City as follows:
A.
Preparation and content. Improvement plans shall be prepared by a California registered professional engineer. Improvement plan submittals shall include all of the following information:
1.
Any drawings, specifications, calculations, design reports, and other information required by the City Engineer;
2.
Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision; and
3.
The improvement plan/specification checking and construction inspection fees required by the City’s Fee Schedule.
B.
Submittal of plans. Improvement plans shall be submitted to the City Engineer and other appropriate reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with subsection C of this section (Review and approval), the subdivider shall also submit to the City Engineer a detailed cost estimate of all improvements, based on guidelines provided by the City.
1.
Street and drainage plans and profiles. Plans, profiles, and specifications of proposed street and drainage improvements shall be submitted to the City Engineer, checked and approved before presentation of the final map to the Council for acceptance. These plans and profiles shall show full details of the proposed improvements in compliance with City standards.
2.
Water systems plans. Plans, specifications, and all necessary details of the proposed water system shall be submitted to the City Engineer for review.
a.
Connections. The subdivider shall install an approved water connection to the property line of each parcel within the subdivided area and pay the applicable water connection fees as established by City resolution or ordinance.
b.
Mains. Water mains and house services shall be constructed to serve each parcel within the subdivided area and shall be of a size and design as designated by the City Engineer.
3.
Sanitary sewer plans. Plans, profiles, specifications, and all necessary details of the sanitary sewers to be installed shall be submitted to the City Engineer for review.
C.
Review and approval. Improvement plans shall be reviewed and approved by the applicable agency within the time limits specified by Map Act Section 66456.2.
D.
Effect of approval. The final approval of improvement plans shall be required before approval of a parcel or final map. The approval of improvement plans shall not bind the City to accept the improvements nor waive any defects in the improvements as installed.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.112.030 Installation of improvements.
Subdivision improvements required as conditions of approval of a tentative map approved in compliance with this chapter (see Section 9.102.060) shall be installed as specified by this section.
A.
Timing of improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with Section 9.112.020, and before the approval of a parcel or final map in compliance with Section 9.104.060 (Parcel map approval) or 9.104.100 (Final map approval), except where:
1.
Improvements are deferred in compliance with Section 9.112.040 (Improvement agreements and security); or
2.
Improvements are required as conditions on the approval of a subdivision of four (4) or fewer parcels, in which case construction of the improvements shall be required:
a.
When a building permit is issued for development of an affected parcel;
b.
At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the City, as specified in Section 9.112.040 (Improvement agreements and security); or
c.
At the time specified in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area; or
3.
Under other circumstances as approved by the City Engineer;
4.
To avoid breaking up street paving, underground utility or service lines required to be installed as part of a subdivision and which are planned to run across or underneath a street or alley right-of-way shall be installed before the preparation of subgrade and before the surfacing of any streets or alleys. In the event that the development of the subdivision requires the utility company to perform utility construction work, the subdivider shall pay a deposit satisfactory to the utility company within sufficient time to allow construction work to be performed before subgrade preparation. In no event shall subgrade preparation commence before installation of all necessary utilities and laterals.
B.
Inspection of improvements. The inspection of the construction and installation of required subdivision improvements shall occur as follows:
1.
Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the City. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work that may be required.
2.
Inspection procedures.
a.
Inspections required. The agency that has required a specific action shall make any inspections as it deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the agency, the subdivider shall enter into an agreement with the City to pay the full cost of any contract inspection services determined to be necessary by that agency.
b.
Access to site and materials. The agency that has required a specific action shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in compliance with the approved improvement plans.
c.
Authority for approval. The work done and all materials furnished shall be subject to the inspection and approval of the agency that has required a specific action. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.
d.
Improper work or materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the agency that has required a specific action. In the event that the agency determines that subdivision improvements are not being constructed as required by the approved plans and specifications, it shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume the work. Any work done after issuance of a stop work order shall be a violation of this chapter.
3.
Notification. The subdivider shall notify the City Engineer as part of condition compliance upon the completion of each stage of construction before recordation as specified in this chapter. Further construction may only be completed if all required actions included in the conditions of approval have been accomplished and signed off by the agency that has required the action(s).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.112.040 Improvement agreements and security.
If all required improvements, engineering, and inspections are not satisfactorily completed before a parcel or final map is approved, the subdivider shall, before the approval of the parcel or final map, enter into an agreement with the City whereby in consideration of the acceptance by the Council of the streets, easements, and any other land offered for dedication, the subdivider agrees to furnish the equipment, labor, and material necessary to complete the work within the time specified in the agreement in compliance with Map Act Section 66499.3.
A.
Amount of security required. To ensure that the work will be completed, improvement security shall be furnished to guarantee the performance of any act or agreement in the following amounts and for the following purposes:
1.
An amount, equal to one hundred percent (100%) of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the required act or agreement.
2.
An additional amount, not less than fifty percent (50%) nor more than one hundred percent (100%) of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act.
3.
Whenever an entity required to furnish security in compliance with this section is a California nonprofit corporation, funded by the United States of America or one of its agencies, or funded by this State or one of its agencies, the entity shall not be required to comply with subsections (A)(1) and (2) of this section if all of the following conditions are met.
a.
The contractor installing the improvements has bonded to the nonprofit corporation and the City as co-obligee the amount of one hundred percent (100%) of the contract for the faithful performance of the work, and has further bonded to the nonprofit corporation and the City as co-obligee an amount of not less than fifty percent (50%) of the contract for the payment of labor and materials, and those bonds comply with the provisions of this section.
b.
All monies payable to the contractor by the nonprofit corporation are deposited in a depository complying with the provisions of the Map Act and out of which progress payments are conditioned upon:
(1)
The contractor’s certification to the nonprofit corporation that all labor performed in the work and all materials furnished to and installed in the work have been paid for in full to the date of the certification;
(2)
The written approval of the nonprofit corporation;
(3)
The review and approval of progress payment billings by the City. The term “progress payment” as used in this section shall mean payment made in compliance with the schedule of partial payments agreed upon in the contract for the work. No less than ten percent (10%) of the total contract price shall be retained for the sixty (60) days following the filing of the notice of completion; and
(4)
Final payment to the contractor not being made until thirty (30) days shall have expired after the filing and recording of the notice of completion of the work and written acceptance of the work by, and a waiver of lien rights provided by, the contractor to the City in writing.
c.
All certifications as to progress payments shall be delivered through the U.S. mail to the nonprofit corporation.
4.
An amount as determined by the City Engineer, but not more than twenty-five percent (25%), or less than ten percent (10%) of the total estimated cost of improvements or performance of the required act necessary for the guarantee and warranty of the improvement for twelve (12) months following the completion and acceptance, against any defective work or labor done, or defective materials furnished.
5.
As part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by the City in successfully enforcing the obligation secured.
B.
Type of security required.
1.
The furnishing of security in connection with the performance of any act or agreement shall be one or more of the following, at the option of and subject to the approval of the Council:
a.
Bond(s) by one or more duly authorized corporate sureties licensed to do business in the State of California;
b.
A deposit, either with the City, responsible bank or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public monies; and/or
c.
An instrument of credit from one or more financial institutions subject to regulation by the State or Federal government, and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by a financial institution;
d.
A lien upon the property to be divided, created by contract between the owner and the local agency, if the local agency finds that it would not be in the public interest to require the installation of the required improvement sooner than two (2) years after the recordation of the map;
e.
A lien upon the property, including a deed of trust or any similar type or form of security interest in real property, which is acceptable to the City.
2.
Any contract or security interest in real property entered into as security for performance pursuant to subsection (B)(1)(d) or (e) of this section shall be recorded with the Fresno County Recorder. From the time of recordation of the written contract or document creating a security interest, a lien shall attach to the real property particularly described therein and shall have the priority of a judgment lien in an amount necessary to complete the agreed-to improvements. The recorded contract or security document shall be indexed in the Grantor Index to the names of all record owners of the real property as specified on the map and in the Grantee Index to the City.
The City may at any time release all or any portion of the property subject to any lien or security interest created by this subdivision or subordinate the lien or security interest to other liens or encumbrances if it determines that security for performance is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the completion of agreed-upon improvements.
3.
A bond(s) to secure faithful performance and for the benefit of laborers and material of any agreement shall be in substantially the forms as shown in the Map Act. The money, negotiable bond, or instrument of credit shall be a trust fund to guarantee performance and shall not be subject to enforcement of a money judgment by any creditors of the depositor until the obligation secured thereby is performed to the satisfaction of the City.
C.
Forfeiture on failure to complete. Upon the failure of a subdivider to complete any improvements and work within the time specified in the agreement, the Council may, upon notice in writing served by registered mail addressed to the last known address of the person, firm, or corporation signing the contract, determine that the improvement work or any part of the work is uncompleted and may cause to be forfeited to the City the sum of money or bond(s) given for the faithful performance of the work as may be necessary to complete the work.
D.
Exoneration of improvement security. With the exception of flood control or drainage works inspected by the Fresno Metropolitan Flood Control District, it shall be the duty of the City Engineer to inspect or receive certificates of completion of all improvements installed as to their compliance with this chapter and City standards. The security furnished by the subdivider may be released as follows:
1.
Security given for faithful performance of any act or agreement shall be released upon the performance of the act or final completion and acceptance of the required work.
2.
Security guaranteeing the payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment shall, after passage of the time within which claims of lien are required to be recorded in compliance with Civil Code Article 3 (commencing with Section 8400) of Chapter 4 of Title 2 of Part 6 of Division 4 and other acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the Council, and if no claims have been recorded, the security shall be released in full.
3.
The release shall not apply to any required guarantee and warranty period, nor to the amount of the security deemed necessary by the City for the guarantee and warranty period, nor to cost and reasonable expenses and fees, including reasonable attorney’s fees.
4.
Maintenance security necessary for guarantee and warranty of the work for a period of twelve (12) months following completion and acceptance thereof against any defective work or labor completed, or defective materials furnished shall be released if no claims of defective work have been filed with the Council. In the event of the defective work, the security shall be held until all work is considered satisfactory and acceptable by the City.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.114.010 Purpose of chapter.
This chapter provides standards for the preparation and review of soils reports, in compliance with the Map Act Chapter 4, Article 7.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.114.020 Preliminary soils report.
A preliminary soils report based upon adequate test borings and prepared by a registered civil engineer shall be required for every subdivision for which a final map is required or when required as a condition of development when soils conditions warrant the investigation and report. The preliminary soils report shall be submitted with the final map.
A.
Form of report. A preliminary soils report may be divided into two (2) parts:
1.
Soils reconnaissance. The soils reconnaissance shall include a complete description of the site based on a field investigation of soils matters. The soils matters reviewed shall include stability, erosion, settlement, feasibility of construction of the proposed improvements, description of soils, related hazards and problems, and proposed methods of eliminating or reducing these hazards and problems; and
2.
Soils investigation and report. This investigation and report shall include field investigation and laboratory tests with detailed information and recommendations relative to all aspects of grading, filling, and other earthwork, foundation design, pavement design and subsurface drainage.
a.
The report shall also recommend any required corrective action for the purpose of preventing structural damage to subdivision improvements and the structures to be constructed on the parcels. The report shall also recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property.
b.
If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects or environmental impacts, a subsequent soils investigation of each parcel in the subdivision may be required and shall be submitted to and approved by the Building Inspection Division and the City Engineer before approval of a parcel or final map.
B.
Preliminary soils report waiver. The preliminary soils report may be waived if the City Engineer determines that existing available information from a geotechnical engineer licensed in the State of California regarding the qualities of the soils of the subdivision makes no preliminary analysis necessary.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.114.030 Final soils report.
A final soils report prepared by a registered civil engineer shall be required where a preliminary soils report was required, unless the final report is waived by the City Engineer.
A.
Filing of report. The final soils investigation and report shall be filed with the as-built plans.
B.
Content of report.
1.
The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary soils report and the specifications for the project.
2.
The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary soils reports, along with any corrections, additions, or modifications not shown on the approved plans.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.114.040 Geologic investigation and report.
If the City Engineer determines that conditions warrant, a geologic investigation and report may also be required.
(§ 2, Ord. 14-13, eff. October 8, 2014)
