(a)

This title is for the purpose of adopting subdivision regulations for the City. Such regulations shall be in addition to and shall be considered as supplementing the provisions of the "Subdivision Map Act" of the State (California Government Code sections 66410 et. seq.) as they now exist or as they may be hereafter amended.

(b)

In their interpretation and application, the provisions of this title shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare. To protect the public among other purposes, such provisions are intended to provide directly or indirectly for adequate, safe and wholesome community improvements, municipal services and other public facilities.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Subdivision.

(1)

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement, or railroad rights-of-way (California Government Code section 66424).

(2)

"Subdivision" includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 4190 of the Civil Code (California Government Code section 66424).

(3)

Any conveyance of land to or from a governmental agency, public entity, public utility, or subsidiary of a public utility for conveyance to that public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels. For purposes of this section, any conveyance of land to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license (California Government Code section 66426.5).

(b)

Subdivider.

(1)

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers" (California Government Code section 66423).

(c)

Tentative map, parcel map and final map.

(1)

Tentative map.

a.

A tentative map refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it.

b.

The tentative map review procedure is designed to insure that such improvements as drainage, street alignment, grade and width and sanitary facilities conform to City regulations and policies and are arranged in the best possible manner to serve the public.

c.

Numerous other features are reviewed such as location and size of easements, right-of-way, trees, lot sizes and configurations, traffic access and grading.

d.

Once the City Council approves the tentative map, it becomes a parcel or final map.

(2)

Parcel map and final map.

a.

Parcel maps and final maps convert tentative maps into legal land subdivisions

b.

A final map deals with a "major" subdivision - five (5) or more lots, units or dwelling units.

c.

A Parcel map deals with a "minor" subdivision - four (4) or less lots, units or dwelling units.

(3)

Tentative, parcel and final maps are prepared by licensed surveyors and registered civil engineers to depict in exact detail how the land is subdivided, and their corresponding features such as rights-of-way and easements.

(d)

Vesting tentative maps.

(1)

A vesting tentative map is a map which confers a vested right to proceed with development for a specified period of time after recordation. It is at the option of the subdivider and shall not be a prerequisite to any proposed subdivision.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

The City Attorney shall be responsible for approving as to form all subdivision improvement agreements and improvement securities.

(b)

The City Council shall review and approve, conditionally approve or disapprove tentative maps for major subdivisions. The City Council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the city of lands and/or improvements as may be proposed for dedication to the City for major subdivisions. The City Council shall act as the final appeal board for hearing appeals of the approval, conditional approval or disapproval of tentative maps for minor subdivisions.

(c)

The Planning Commission is the advisory agency with respect to:

(1)

Reviewing and approving, conditionally approving or disapproving tentative maps for minor and major subdivisions;

(2)

Determining methods of compliance with park land dedication requirements;

(3)

Acting on variances;

(4)

Extending tentative maps and tentative parcel maps;

(5)

Reviewing of objections to final map or parcel map by public utilities or public entities with easements which may be adversely affected by such maps;

(6)

Modifying approvals of final map or parcel map.

(d)

The Community Development Director shall be responsible for design analysis for conformity with the General Plan and this title; for the environmental quality of the subdivision design; and for the expedient processing of subdivision maps, parcel maps, and reports, as provided herein. The Community Development Director is the advisory agency with respect to the following:

(1)

Determinations of fair market value of the property of a subdivider for purposes of calculation of fees in lieu of park land dedication;

(2)

Designations of names of public and private streets;

(3)

Certificates of compliance;

(4)

Notices of violation;

(5)

Grading on the site of subdivisions;

(6)

Security for undergrounding of utilities;

(7)

Waiver of the requirements for soils reports;

(8)

Plans and specifications for required landscaping, except for street trees;

(9)

Waiver of tentative maps for combinations of lots.

(10)

Installation of street trees.

(e)

The Community Development Director or his/her designee shall be the advisory agency in respect to:

(1)

Establishing design and construction details, standards and specifications;

(2)

Determining if proposed subdivision improvements comply with the provisions of this chapter and the Subdivision Map Act and for reporting the findings together with any recommendations for approval, or conditional approval, of the tentative map to the Community Development Director for major subdivisions and minor subdivisions.

(3)

The processing of final maps, reversion to acreage maps and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers, and certificates of compliance.

(4)

Examining and stating that final maps are in substantial conformance with the approved tentative map.

(5)

The inspection and approval of subdivision improvements.

(6)

The acceptance of dedications of all streets, alleys, including access rights and abutter's rights, drainage easements, elementary school sites, parks, and other easements and parcels of land intended for public use.

(7)

The recording of a notice of completion of private subdivision improvements when not to be maintained by the city.

(8)

The collection of all required deposits and fees.

(f)

The Subdivider shall prepare maps consistent with the standards contained herein, and design public improvements consistent with the public improvement standards of the City of Coalinga. The subdivider shall process said maps in accordance with the regulations set forth herein.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Division of land in five (5) or more lots.

(1)

A tentative map and a final map shall be required for all divisions of land where the land will be divided into five (5) or more parcels, five (5) or more condominiums, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units.

(2)

A tentative and parcel map shall be required for subdivision of five (5) or more lots if at least one the following conditions apply:

a.

The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or

b.

Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or

c.

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

d.

Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than one-quarter (¼) of a one-quarter (¼) section.

(b)

Division of land in four (4) or less lots.

(1)

A tentative map and parcel map shall be required for all subdivisions creating four (4) or less lots; creating four (4) or less condominiums, as defined in Section 783 of the Civil Code; creating a community apartment project containing four (4) or less parcels; or converting a dwelling to a stock cooperative containing four (4) or less dwelling units.

(c)

Cases for which the need of tentative, parcel or final maps are waived.

(1)

Neither a tentative map nor a parcel map shall be required for:

a.

Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the State Public Utilities Code, which are created by short-term leases terminable by either party on not more than thirty (30) days' notice in writing.

b.

Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Application. The applicant shall file an application for a subdivision with the Community Development Director, according to the requirements of Section 9-6.109 to Section 9-6.110.

(b)

Review. The Community Development Director shall review the application for a tentative map in accordance with Section 9-6.110, and provide notice according to the requirements of Section 9-6.111, Public Notification. A public hearing may be scheduled at either the Planning Commission or City Council level for the review of the application, according to Table 6.1 in Section 9-6.105, Authority for acting on applications.

(c)

Approvals. Applications for tentative maps and final maps shall be approved in accordance with Table 6.1 in Section 9-6.105.

(d)

Appeals. An appeal requires a new public hearing with a new public notice in accordance with Section 9-6.115, Appeals.

(e)

Other permits. Other permits may be applied for and reviewed concurrently, consistent with the requirements of Chapter 6.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

If the proposed subdivision is a conversion of real property to a condominium project, community apartment project, or stock cooperative project, notice of a public hearing shall be mailed to each tenant of the subject property. In all cases, mailed notice shall be given to the owners of all property within 300 feet of the property under consideration and by posting a copy of the notice at the end of each block face upon which the property fronts.

(b)

If an environmental impact report has been prepared for the subdivision application pursuant to the California Environmental Quality Act, the Planning Commission shall approve, conditionally approve, or disapprove the application within forty-five (45) days after certification of the environmental impact report.

(1)

If no such report has been prepared, the appropriate review authority shall approve, conditionally approve, or disapprove any tentative map within fifty (50) days after the filing thereof. After action has been taken on the tentative map the Community Development Director shall report the action of the Planning Commission to the subdivider in writing.

(2)

The foregoing time limits may be extended by mutual consent of the subdivider and the Planning Commission.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

The Planning Commission or City Council shall not approve an application for a subdivision, unless it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Coalinga General Plan and any other applicable plans. A proposed subdivision shall be consistent with the General Plan or applicable plans only if the proposed subdivision or land use is compatible with the objectives, policies, general land uses, and programs specified in such plans.

(b)

The Planning Commission or City Council shall deny an application for a subdivision if it makes any of the following findings:

(1)

That the proposed map is not consistent with the Coalinga General Plan, or with other applicable plans;

(2)

That the design or improvement of the proposed subdivision is not consistent with the Coalinga General Plan or with other applicable plans;

(3)

That the site is not physically suitable for the proposed type of development;

(4)

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

(5)

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

(6)

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

(7)

That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The Planning Commission may approve a tentative map if it finds that alternative easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This provision shall apply only to easements of record or to easements established by a court of competent jurisdiction;

(8)

That the map fails to meet or perform one or more requirements or conditions imposed by the "Subdivision Map Act" or by this title. Any such requirement or condition shall be specified.

(c)

Notwithstanding the provisions of Section 9-7.204(b)(5) of this article, a tentative map may be approved if an environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081(c) of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Application.

(1)

All provisions of this chapter shall apply equally to minor and major subdivisions, which are respectively approved by parcel map and by final map.

(b)

Cost sharing of improvement costs.

(1)

The subdivider shall construct and/or install all required or permitted subdivision improvements without any cost or expense to the City except as provided in Section 9-7.205(b)(2) of this article.

(2)

When the subdivider is required to construct or install larger storm sewers, sanitary sewers or water improvements to serve contiguous areas developed, or to be developed, by other developers, the city will then pay the subdivider for the oversizing pursuant to the terms of an Oversizing Reimbursement Agreement. The cost of oversizing should be presented by the developer to the City by comparing at least two (2) quotations, and shall be approved by the City Council before construction is started.

(3)

The subdivider shall dedicate all required rights-of-way and grant all easements to the proper public or private agency, except as otherwise specifically provided, without any cost or expense to the city.

(c)

Charges and fees.

(1)

The subdivider shall pay all applicable fees.

(2)

If the Community Development Director determines that any street or frontage road or portion thereof shall not be improved to city standards at the time the subdivider is improving adjoining lands then the subdivider shall deposit with the city the full cost of making permanent improvements as estimated by the Community Development Director and shall pay all costs for temporary improvements deemed necessary by the Community Development Director.

(3)

The subdivider shall pay for all improvements abutting county roads where he is required to install half standard width streets improved to city standards and where such half streets abut a county road. The improvements to such county roads shall meet the standards prescribed by the county engineer. If it is determined that the portion of such road or street which is within the city should not be improved to city standards at the time the subdivider is improving adjacent lands then the subdivider shall deposit with the City the full cost of improving one-half (½) of such street or road. The cost of improving such half streets to city standards shall be determined by the Community Development Director. When such half streets are not improved to city standards at time of development, the subdivider will be required to pay all costs for all temporary improvements deemed necessary by the Community Development Director on that portion of the street or road that is in the City as well as that portion of the street or road that is in the county but not within the City.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

The Subdivider shall provide six (6) full size copies of the Tentative Map, folded to no larger than nine (9) inches by twelve (12) inches, and two (2) reduced copies of the tentative map at eight and one-half (8½) by eleven (11) inches. The Community Development Director may request more copies for public hearings.

(b)

The tentative map shall show (for both major and minor subdivisions):

(1)

Basic information.

a.

All required information is to be submitted in electronic format in addition to any hard copies, as requested by the Community Development Director.

b.

Scales:

1.

For minor subdivisions (four (4) lots or less): scales of 1":10', 1":20', 1":30' or 1":40'.

2.

For major subdivisions: scales of no less than 1":100', and a vicinity sketch (1":1000' or more), showing neighboring streets, tract lines, names and numbers of existing subdivisions, and outline of adjacent acreage parcels of land.

c.

Graphic scale, date, and north arrows.

d.

Certification of accuracy by a registered Civil Engineer or licensed surveyor.

e.

Name, address and telephone number of record owner or owners.

f.

Statement indicating record owners' permission to file map. If subdivider is different from record owners, submit certified authorization by owner for subdivider to act.

g.

Name, address and telephone number of the person, firm or organization preparing the map.

h.

Record information or a sufficient description to define the location and boundaries of the proposed subdivision.

i.

Existing zoning and proposed zoning changes.

j.

Contour lines having the following intervals:

1.

One-foot contour interval for ground slopes between level and five (5) percent.

2.

Five-foot contour intervals for ground slopes exceeding five (5) percent.

(2)

Site measurements.

a.

Distance from existing structures to the boundary lines of the new parcel on which structures are located. Setbacks must meet zoning requirements of the area.

b.

Outline of any existing buildings and their locations in relation to existing or proposed street and lot lines.

c.

The approximate widths, location and purpose of all existing or proposed easements.

d.

Layout and dimensions of all proposed and existing lots, radii of all curves and central angles, including numbering of each lot.

e.

Location of existing and proposed building setback line(s) from top-of-bank of each stream or river on the site.

f.

Typical cross sections of all streets.

g.

The area of the subdivision in gross area and net area (excluding streets and other proposed public uses).

(3)

Existing geographical features.

a.

Topography map with the following information: Contours maximum of five-foot intervals. The closest City benchmark shall be used and its elevation called out on the map.

b.

Location, width and species of isolated trees with trunk diameter of four (4") inches or greater (four (4) feet above grade) and outline of groves or orchards.

c.

Location, direction of flow and names if available, of both natural and artificial water courses and ponding areas, or areas of periodic inundation on the parcel being divided and on adjacent properties which might affect the design of the applicant's proposal; provisions for proposed drainage and flood control measures.

d.

Existing uses.

e.

Outline and identification of existing surface and subsurface structures on the subject site and adjacent properties.

f.

Location of existing overhead utility lines and poles on-site and on peripheral streets, and underground utilities and drain pipes.

g.

Location and size of existing sewer, fire hydrants, water mains, and storm drains, and related easements.

h.

Locations, names, widths, approximate grades of all existing public or private streets in or adjacent to the site.

(4)

Proposed features.

a.

The location and size of proposed fire hydrants and fire protection systems, sanitary sewers, water mains and storm drains. Slopes and elevations of proposed sewers and storm drains shall be indicated.

b.

Location, names, width, center line radii, pavement type and approximate grades of all streets and rights-of-way on the site, including identification of which streets are proposed to be offered for dedication and which are proposed to be privately maintained. Typical sections of all streets shall be shown.

c.

The proposed use of each lot, lot layout and dimensions and area of each lot. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, maximum building elevations, building setback lines, the top and toe of cut and fill slopes to scale and number of each lot. In hillside areas, potential building sties shall be indicated.

d.

Location and size of proposed easements for drainage, sewer, and public utilities.

e.

Proposed recreation sites, trails and parks for public or private use.

f.

Proposed common or open space areas for public use.

g.

Instruments (Covenants, Conditions and Restrictions, Articles of Incorporation, By-Laws, etc., as deemed necessary) to legally empower owners' or tenants' organization to own maintain and pay taxes on private lands held in common for community use.

h.

Location of proposed off-site improvements.

(5)

Utilities.

a.

Statement of water sources.

b.

Statement of provisions for sewerage and sewage disposal.

c.

Preliminary indication of needed major storm drain facilities.

(6)

Related plans.

a.

Grading plan. Transitions at property lines shall be shown.

b.

A preliminary landscaping plan, including any necessary improvements for irrigation and maintenance.

c.

Unless waived by the Community Development Director, a conceptual plan for erosion control.

d.

Unless waived by the Community Development Director, a conceptual plan for fencing.

(7)

Additional information.

a.

Delineation of phased units, if applicable to the project.

b.

Additional information necessary to evaluate the application - Preliminary Title Report.

c.

Preliminary geotechnical report, etc.

d.

Any additional deed restrictions.

e.

Additional data and information, including fees, as may be required for the preparation and processing of environmental documents pursuant to the California Environmental Quality Act.

(8)

For major subdivisions only (five (5) lots or more):

a.

Tract name of subdivisions.

b.

Names and numbers of adjacent tracts and name of owners of adjacent unplatted land.

(9)

For amendment application only:

a.

The maps shall show clearly the differences between the originally submitted maps, and the current proposal.

(c)

Additional documents required for condominiums conversions.

(1)

Tentative maps submitted for Condominiums Conversions require submittal of additional documents as explained in Article 6 of this chapter.

(d)

Report and guarantee of clear title.

(1)

A current (not more than six (6) months old) title report by duly authorized title company naming the persons whose consent is necessary for the preparation or recordation of such map and for dedications of streets, public places, etc., showing all interests in property, existing easements, lease interests, etc. Said title report shall include a clear concise metes and bounds description of the property.

(e)

Expiration and extension of time.

(1)

Expiration.

a.

The effective life of an approved or conditionally approved tentative map shall be twenty-four (24) months.

b.

The expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the Community Development Director, as appropriate, without first processing a new tentative map. Once a timely filing is made, subsequent actions of the Community Development Director, Planning Commission, or City Council, as appropriate, including, but not limited to, processing, approval, and recordation, may lawfully occur after the date of expiration of the tentative map. Delivery to the Community Development Director shall be deemed a timely filing for purposes of this section.

(2)

Extension.

a.

Extensions for tentative maps may be granted, for an additional period not to exceed one year.

b.

More than one extension may be granted; provided that the total of all extensions granted does not exceed three (3) years.

(3)

Request for extension.

a.

Prior to the expiration of an approved or conditionally approved tentative map, upon receipt of a written application by the subdivider to extend that map, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. A written application to extend an approved or conditionally approved tentative map shall be submitted to the Community Development Director prior to expiration of the tentative map, who shall forward such to the Planning Commission as appropriate.

(4)

Consideration of extension request.

a.

Consideration of an application for an extension of time shall be limited to the mandatory findings of significance contained in the original City Council resolution or conditions which approved or conditionally approved the tentative map. If it can be reasonably demonstrated that any one of the original mandatory findings of significance used to justify approval or conditional approval of the tentative map, as specified in the original resolution has changed to the extent it can be considered a cause for denial, then such request for extension may be denied.

b.

The procedure for approval of extension of tentative maps shall be the same as that required for the approval of the original tentative map, including, but not limited to the requirements for notice, public hearing, findings, and appeals.

(5)

Appeal.

a.

If the Planning Commission denies a subdivider's application for extension, the Subdivider may appeal to the City Council within fifteen (15) days after the Planning Commission has denied the extension. The action of the City Council in granting or denying such an appeal shall be final.

(6)

Concurrent approvals.

a.

When a tentative map is approved or conditionally approved in conjunction with a Conditional Use Permit or other discretionary permit, such permit shall expire at the same time as the tentative map unless the permit states a different expiration date approved by the City Council. Extensions of time of tentative maps approved with companion Conditional Use Permits or other discretionary permits may also include extensions of time for such companion permits to exceed the maximum appropriate time limit permitted by this section.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Citation and authority.

(1)

This section is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the vesting tentative map statute).

(b)

Purpose.

(1)

It is the purpose of this section to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the Subdivision Map Act.

(c)

Consistency.

(1)

No land shall be subdivided and developed pursuant to the vesting tentative map statute for any purpose which is inconsistent with the general plan and any applicable specific plan, or not permitted by this title or other applicable provisions of the Municipal Code, which were in effect at the time the vesting tentative map was approved or conditionally approved.

(d)

Procedures.

(1)

Application.

a.

Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

b.

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

(2)

Filing and processing.

a.

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

1.

At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "vesting tentative map". and

2.

At the time a vesting tentative map is filed, a subdivider may be required to supply information requested by the Community Development Director, in addition to the requirements set forth in Section 9-6.106, Application Forms and Fees.

(3)

Expiration.

a.

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.

(e)

Vesting of development rights.

(1)

Review authority action.

a.

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

b.

Notwithstanding paragraph (e)(1)a. above, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:

1.

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

2.

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

(2)

Time limits and extensions of time on vesting tentative maps.

a.

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

1.

An initial time period of two (2) years. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

2.

The initial time period set forth in paragraph (e)(2)a.1. above shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.

3.

A Subdivider may apply for a one year extension at any time before the initial time period set forth in paragraph (e)(2)a.1. above expires.

4.

If the subdivider submits a complete application for a building permit during the periods of time specified in paragraphs (e)(2)a.1., a.2., and a.3. above, the rights referred to herein shall continue until the expiration of that period, or any extension of that permit.

(3)

Development inconsistent with zoning conditional approval.

a.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with this title, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider obtaining the necessary change in this title to eliminate the inconsistency. If the change in the title is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 9-7.302(e)(2)a.1. of this article, confer the vested right to proceed with the development in substantial compliance with the change in this title and the map, as approved.

b.

The rights conferred by this subdivision shall be for the time periods set forth in Section 9-7.302(e)(2)a.2. of this article.

(4)

Applications inconsistent with current policies.

a.

Notwithstanding any provision of this section, the applicant may seek approvals or permits for development which depart from the ordinances, policies and standards and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Filing and fees.

(1)

Within the time limit designated in Sections 9-7.301 and 9-7.302 above of this article, and upon the accomplishment of all dedication by certification on the map and required construction of all public improvements, or the execution of an agreement and provision of surety, and the payment of all applicable fees and charges, the applicant may file with the Community Development Director, who shall approve, a final map or parcel map which shall substantially conform to the approved tentative map and all applicable provisions of the Subdivision Map Act. The appropriate statements as provided by the applicant in accordance with the provisions of the Subdivision Map Act, shall be signed by the Community Development Director upon the final map or parcel map; and the final map or parcel map shall be filed with the Clerk of the County.

(b)

Multiple final and parcel maps.

(1)

Multiple final maps and multiple parcel maps may be filed if the subdivider informs the Community Development Director in writing of his or her intention to file multiple final maps and multiple parcel maps, at the time the tentative map is filed or, if the Community Development Director and the subdivider concur to the filing of multiple final maps and multiple parcel maps after the filing of the tentative map.

(2)

Effect of multiple final and parcel maps.

a.

The filing of a final map or parcel map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the requirements to provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.

(3)

Survey requirement.

a.

At the time of making a survey for final map or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with City Standards so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line of the land being subdivided be adequately monumented or referenced before the map is recorded.

b.

The monuments shall be approved by the Community Development Director and shall be per City Standards. Any monument or benchmark, as required by this section, which is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider. The monuments shall be set at each corner and angle point in the exterior and interior boundaries (lot corners) of the subdivision, except wherein such monuments already exist in their proper positions. Monuments shall be set on street and alley center lines or offsets at all street intersections, beginnings and end of curves, angle points or as otherwise directed by the Community Development Director.

c.

Interior monuments need not be set at the time of the map is recorded, if the engineer or surveyor certifies on the map that monuments will be set on or before a specified date, and if the subdivider furnishes to the city security guaranteeing payment of the cost of setting such monuments in accordance with Section 66496 of the Subdivision Map Act.

(4)

Within five (5) days after the final setting of monuments has been completed, the engineer or surveyor shall give written notice to the subdivider and to the Community Development Director that the final monuments have been set in accordance with Section 66497 of the Subdivision Map Act.

(5)

At the discretion of the Community Development Director, a parcel map may be compiled from recorded or filed data when sufficient recorded or filed data when sufficient recorded or filed survey monumentation presently exists to enable to retracement of the exterior boundary lines of the parcel map and the establishment of the interior parcel or lot lines of the parcel map.

(c)

Form and content of final map and parcel map.

(1)

The subdivider shall file the original and three (3) copies of the final map or parcel map and required accompanying data with the Community Development Director. The said final map or parcel map shall be accompanied by filing fees as specified in the comprehensive fee schedule. The final map or parcel map shall be prepared by or under the direction of a registered civil engineer authorized to practice land surveying or licensed land surveyor, shall be based upon a survey, and shall conform to all of the following provisions:

a.

It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Statements, certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

b.

The size of each sheet shall be eighteen (18) inches by twenty-six (26) inches or 460 millimeters by 660 millimeters. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch or twenty-five (25) millimeters. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets and its relation to each adjoining sheet shall be clearly shown.

c.

All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing on the map shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves and any information which may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish and subdivision boundaries.

d.

Each lot shall be numbered. Each street shall be named or otherwise designated. The subdivision name/number shall be shown together with the description of the real property being subdivided. Exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys. If the map includes a "designated remainder" parcel, and the gross area of the "designated remainder" parcel or similar parcel is five (5) acres or more, that remainder parcel need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel. A parcel designated as "not a part" shall be deemed to be a "designated remainder" for purposes of this section. On and after January 1, 1987, no additional requirements shall be included that do not affect record title interests.

e.

Any public streets or public easements to be left in effect after the subdivision shall be adequately delineated on the map. The filing of the final map or parcel map shall constitute abandonment of all public streets and public easements not shown on the map, provided that a written notation of each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. Before a public easement vested in another public entity may be abandoned pursuant to this section, that public entity shall receive notice of the proposed abandonment. No public easement vested in another public entity shall be abandoned pursuant to this section if that public entity objects to the proposed abandonment.

(d)

Information on final maps and parcel maps.

(1)

Each parcel shall be consecutively numbered. Each parcel shall have its area shown to the nearest one-hundredth ( 1/100 ) of an acre or nearest square foot. The exterior boundary of the land included within the parcel or parcels being created shall be indicated by a distinctive border applied to the reverse side of the tracings. Such border shall not interfere with the legibility of figures or other data. The map shall show the definite location of such parcel or parcels, and particularly the relationship to existing surveys.

(2)

The final map or parcel map shall also contain the following information:

a.

The tentative map number and date of preparation.

b.

The net dimensions of each lot. No ditto marks shall be used.

c.

The names, locations and right-of-way widths of all abutting public streets.

d.

The proposed location, purpose and width of all proposed public roads and private access easements.

e.

The boundaries of any private easement, whether an easement or record or a prescriptive easement, shall be shown by means of a dotted line; and the name of the person owning the easement shall be shown on the map.

f.

Location and widths of easements for public utilities, if required.

g.

The location and widths of watercourses and areas subject to inundation, and location of selected flood lines within the parcels being created.

h.

Building setback lines, if applicable.

i.

A north point and graphic scale.

j.

Location or vicinity map at a minimum scale of one (1) inch equals one (1) mile.

k.

Names and addresses of the owners of the property being divided.

(e)

Statements and acknowledgment.

(1)

The title sheet of the map, below the title, shall show the name of the engineer or surveyor together with the date of the survey, the scale of the map and the number of sheets. The following statements, certificates, acknowledgments and description shall appear on the title sheet of final maps, and such statements may be combined where appropriate:

a.

Statement by parties holding title. A statement in accordance with the provisions of Section 66436 and 66445 of the Subdivision Map Act.

b.

Dedication statement. A statement in accordance with Section 66439 and 66447 of the Subdivision Map Act.

c.

Engineer's or surveyor's statement. A statement in accordance with Section 66441 of the Subdivision Map Act.

d.

Soil engineer's statement. A statement referring to preliminary soils reports on file with the city in accordance with Section 66434.5 of the Subdivision Map Act.

e.

Statement to be executed. A statement for execution by each of the following, as applicable:

1.

Community Development Director;

2.

Surveyor;

3.

Soil Engineer;

4.

Community Development Director;

5.

City Council;

6.

City Clerk;

7.

County Board of Supervisors;

8.

County Recorder;

9.

Owner.

f.

Notation or reference. Notation or reference to survey and map information required pursuant to Section 66434.2 of the Subdivision Map Act.

(f)

Accompanying data.

(1)

When a final map is submitted to the Community Development Director in accordance with this title, it shall be accompanied by the following documents:

a.

Improvement plans. The original tracings of detailed plans, cross sections and profiles of all improvements proposed to be installed as required by the provisions of this chapter, and of all other improvements proposed to be installed by the Subdivider in, on, over, or under any street, right-of-way, easement or parcel of land dedicated by the map or previously dedicated, including the estimated cost thereof, shall be filed with the Community Development Director for his approval and signature. All such plans shall be prepared in accordance with the requirements of the Community Development Director. Plan sheets shall be twenty-four (24) inches by thirty-six (36) inches and a plan and profile drawn to a scale of one inch equals fifty (50) feet (1" = 50'), or an appropriate scale previously approved by the Community Development Director.

b.

Traverse sheets. Calculation and traverse sheets in a form approved by the Community Development Director giving bearings and distances, coordinates, error of closure and areas within the boundary of the subdivision and blocks and lots shown on the final map.

c.

Design data. Design data, assumptions and computations for proper analysis in accordance with sound engineering practice.

d.

Report and guarantee of title. The final map shall be accompanied by a current (within six (6) months of the final map filing date) report prepared by a duly authorized title company naming the persons whose consent is necessary for the preparation and recordation of such map, and for dedication of the streets, alleys and other public places shown on the map and certifying that, as of the date of the preparation of the report, the persons wherein named are all the persons necessary to give clear title to such subdivision. At the time of recording said map, following approval by the City Council, there shall be filed with the County Recorder a guarantee executed by a duly authorized title company for the benefit and protection of the City showing that the persons consenting to the preparation and recordation of such map and offering for dedication the streets, alleys and other public places shown thereon are all the persons necessary to pass clear title to such subdivision and to the dedications shown thereon. The report should also include a statement of explanation of why any right-of-way or easement holders across the subdivision need not sign the map if they are not included as needed to pass a clear title.

e.

Preliminary soils report. A preliminary soil report prepared by a civil engineer registered by the State of California, based upon adequate test borings or excavations. The fact that a soil report has been prepared shall be kept on file for public inspection by the City. The preliminary soil report may be waived by the Community Development Director if adequate existing data is available as to the soil qualities of the soils of the subdivision. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be required, prepared by a civil engineer registered by the State of California. The soil investigation shall recommend corrective action intended to prevent structural damage to each dwelling proposed to be constructed on expansive or unstable soil. The report shall be filed with the Building Department. If the preliminary soils report indicates the presence of naturally-occurring asbestos, a construction dust management plan shall be prepared.

f.

Utility statements. Statements from the various public utility companies authorized to serve in the area of the subdivision or division of land certifying that satisfactory provisions have been made to accommodate their facilities.

g.

Improvement agreements. All agreements, improvement security required by State law or this chapter, and any offer(s) of dedication.

h.

Approval by Community Development Director. Upon receipt of the final map and other data submitted therewith, the Community Development Director shall examine such to determine that the subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations, that all provisions of this chapter or any other ordinance and the Subdivision Map Act applicable at the time the application for the tentative map is deemed complete, and that he is satisfied that the map is technically correct. If the Community Development Director shall determine the final map is not in full conformity with the tentative map, he shall advise the subdivider of the changes or additions that must be made for such purposes, and shall afford the subdivider an opportunity to make such changes or additions. If the Community Development Director shall determine that full conformity therewith has been made, he shall approve such map in the case of a parcel map or shall so certify on said map and shall transmit said map to the City Council for approval in the case of a final map.

(g)

City Council approval.

(1)

The City Council shall, at the meeting at which it receives the final map for approval, or at its next regular meeting after the meeting at which it received the map, approve the map if it conforms to all the requirements of this chapter and the Subdivision Map Act applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder.

(2)

The City Council may reject any or all offers of dedication. In the event that all improvements required or conditions imposed upon approval under the terms of this chapter or by law are not completed before the filing of the final map, the City Council may enter into an agreement with the Subdivider for posting improvement security as provided in this chapter. The Community Development Director, upon the approval of the final map by the City Council, shall transmit the map to the Clerk of the Board of Supervisors, who shall record same.

(h)

Waiver of requirements for parcel maps.

(1)

The requirement for a parcel map may be waived if a finding is made by the City Engineer that the proposed division of land complies with all requirements of this chapter as to area, improvement and design, drainage control, street dedications and improvements, sewer and water supply availability and environmental protection. No parcel map will be required for tentative maps approved under this section.

(2)

Approval of an application for a waiver of the requirement of a parcel map shall automatically constitute approval for the issuance of a certificate of compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act. When approval has been given to an application for a waiver of the requirement of a parcel map, the Community Development Director shall issue a certificate of approval, which shall be filed with the county recorder.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Purpose.

(1)

The purpose of this section is to establish procedures and standards, consistent with the requirements of the Subdivision Map Act, for the reversion of previously subdivided property to acreage.

(b)

Initiation of proceedings.

(1)

Proceedings for reversion to acreage may be initiated by the City Council on its own motion or by petition of all of the owners of record of the real property within the subdivision.

(c)

Form and content of petition.

(1)

The petition shall be in a form prescribed by the Community Development Director and shall contain the following:

a.

A preliminary title report indicating the title to the real property within the subdivision both at the time of approval of the final subdivision map and the time of initiation of proceedings for reversion to acreage.

b.

One of the following:

1.

A notarized affidavit or declaration under penalty of perjury executed by all owners of an interest in the real property within the subdivision in which such owners state that they have consented to reversion; or

2.

A certificate executed by the Community Development Director stating that none of the improvements required to have been made within two (2) years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later.

3.

Sufficient data to enable the legislative body to make all of the determinations and findings required by this chapter, including a 300 foot radius map and property owners list.

4.

A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion if applicable and which sufficiently describes all property to be reverted to acreage.

5.

Such other pertinent information as may be required by the Community Development Director.

(d)

Public hearing.

(1)

A public hearing shall be held on the proposed reversion to acreage. Notice of the time and place of any public hearing shall be given in conformance with the provisions of Section 9-6.112, Public Hearings.

(e)

Required findings.

(1)

Subdivided real property may be reverted to acreage and a final map approved for recordation only if the City Council finds that:

a.

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes if applicable. Such determination regarding dedicated public streets shall be made by the City Council in accordance with Division 9, Part 3 of the Streets and Highways Code of the State of California.

b.

Either:

1.

All owners of an interest in the real property within the subdivision have consented to reversion; or

2.

None of the improvements required to be made have been made within two (2) years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or

3.

No lots shown on the final map or parcel map have been sold within five (5) years from the date such map was filed for record.

(f)

Conditions of approval.

(1)

As conditions of reversion, the following shall be required:

a.

Dedications or offers of dedication necessary for the purposes specified by this chapter following reversion.

b.

Retention of all previously paid fees if necessary to accomplish the purposes of this chapter.

c.

Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this chapter.

(g)

Effective date.

(1)

Reversion shall be effective upon the final map being filed for record by the county recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.

(h)

Deposits and securities.

(1)

When a reversion is effective, all fees and deposits shall be returned and all improvement security released, except those retained pursuant to this chapter and the Coalinga Municipal Code.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Conditions under which contiguous parcels may merge.

(1)

Two (2) or more contiguous parcels or units of land which have been subdivided under the provisions of the Subdivision Map Act or any prior law or ordinance regulating the division of land, or which were not subject to such provisions at the time of their creation, shall not merge simply by virtue of the fact such contiguous parcels or units are held by the same owner. No further proceeding under the provisions of the Subdivision Map Act or this chapter shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, except, however, the City may provide for the merger of a parcel or unit with a contiguous parcel or unit held by the same owner if all of the following requirements are satisfied:

a.

At least one of the affected parcels is not developed with a structure, other than an accessory structure, for which a building permit was issued by the local agency, or which was built prior to the time such permits were required by the local agency.

b.

With respect to any affected parcel, one or more of the following conditions exists:

1.

Comprises less than 5,000 square feet in area at the time of the determination of merger.

2.

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

3.

Does not meet current standards for sewage disposal and domestic water supply.

4.

Does not meet slope stability standards.

5.

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

6.

Its development would create health or safety hazards.

7.

Is inconsistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards.

(b)

Action to be taken by the City.

(1)

Notification of intention to merge.

a.

Prior to recording a notice of merger, the Community Development Director shall cause to be mailed by certified mail to the current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in the merger ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the Fresno County Recorder on the date that notice is mailed to the property owner.

(2)

Request for hearing.

a.

At any time within thirty (30) days after recording of the notice of intention to determine status, the owner of the affected property may file with the Community Development Director a request for a hearing on determination of status.

(3)

Procedure for hearing.

a.

Upon receiving a request for a hearing on determination of status, the Community Development Director shall fix a time, date and place for a hearing to be conducted by the City Council, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than thirty (30) days following the receipt of the property owner's request, but may be postponed or continued with the mutual consent of the Community Development Director and the property owner.

(4)

Procedure for determination following hearing.

a.

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in the merger ordinance. At the conclusion of the hearing, the City Council shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination of non-merger may be made whether or not the affected property meets the standards for merger specified in paragraphs (a)(1)b.2. and (a)(1)b.3. above. A determination of merger shall be recorded within thirty (30) days after conclusion of the hearing.

(5)

Determination when no hearing is requested.

a.

If, within the thirty (30) day period specified in paragraph b above, the owner does not file a request for a hearing, the Community Development Director may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged.

b.

A determination of merger shall be recorded with the Fresno County Recorder which specifies the names of the property owners and particularly describes the real property in question no later than ninety (90) days following the mailing of the notice required by paragraph (b)(3)a. above.

(6)

Notice of intention for nonmerger.

a.

If, in accordance with paragraph (b)(4) or (b)(5) above, the Community Development Director or City Council determines that the subject property shall not be merged, it shall cause to be recorded a release of the notice of intention to determine status, and shall mail a clearance letter to the current owner of record.

(c)

Property owner initiated merger of contiguous parcels.

(1)

Pursuant to Government Code Section 66499.20, a property owner owning contiguous parcels is authorized to merge those contiguous legal parcels without requiring the property to be reverted to acreage. Such merger shall be accomplished in accordance with the following procedures:

a.

The property owner shall file an application for merger with the Community Development Director, submit evidence of title to all parcels to be affected, submit a proposed certificate of compliance, and pay the processing fee established by resolution of the City Council. Mergers shall be in the form and contain the information required of a tentative map together with a legal description of the merged parcel.

1.

The Community Development Director and Community Development Director shall consider and approve the application if it is found that the parcel created by the merger will conform to the requirements of this code and applicable state law.

2.

The merger shall be evidenced by recording a certificate of compliance which lists the parcel numbers affected and is signed by the Community Development Director and Community Development Director. The certificate of compliance shall be recorded concurrently with any deed of easement regarding the relocation or elimination of applicable easements. The certificate of compliance shall be recorded against each parcel that is merged.

(d)

Certificate of compliance.

(1)

Any person owning real property may request, and the Community Development Director shall determine, whether such real property complies with the provisions of the Subdivision Map Act and of this chapter. Upon making such a determination, the Community Development Director shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and of this chapter. The Community Development Director may impose a reasonable fee to cover the cost of issuing and recording the certificate of compliance.

(2)

If the Community Development Director determines that such real property does not comply with the provisions of the Subdivision Map Act or of this chapter, he may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property and which had been established at such time by the Subdivision Map Act or this chapter. Upon making such a determination and establishing such conditions, the Community Development Director shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the City.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Pursuant to Government Code Section 66412(d), a lot line adjustment 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 is not thereby created, may be approved by the Community Development Director without the approval and filing of a parcel map. Such lot line adjustments shall be accomplished in accordance with the following procedures:

(1)

Applications for lot line adjustments shall be filed with the Community Development Director and shall be in the form and contain the information required of a tentative map together with legal descriptions of each parcel.

(2)

The property owner(s) or agent shall file an application for a lot line adjustment with the Community Development Director, submit evidence of title to all parcels to be affected, submit a proposed lot line adjustment map and legal description, and pay the processing fee established by resolution of the City Council.

(3)

The Community Development Director shall consider and approve the application if it is found that the parcels created by the lot line adjustment will conform to the requirements of the Coalinga General Plan, Zoning and Building Ordinances. Criteria to be considered include, but are not limited to, standards relating to lot width and depth and minimum lot area.

(4)

The lot line adjustment shall be evidenced by recording a deed describing each affected parcel and a Resolution approved by the City Council. The deed and Resolution shall be recorded concurrently with any easement deed regarding the relocation or elimination of applicable easements.

(b)

The Community Development Director shall not impose any conditions on the approval of a lot line adjustment except to comply with the requirements of Section 9-7.403(a) of this article. Any improvements that are required to be installed or constructed shall be constructed pursuant to the requirements of this chapter.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

The improvements set forth in this chapter shall be the subdivision improvements required of all subdivisions, except where a variance has been granted from any such requirement pursuant to this title.

(b)

Street improvements.

(1)

The following street improvements are required:

a.

Cross gutters,

b.

Curbs, gutters and driveway approaches,

c.

Sidewalks,

d.

Street name signs and traffic control signs,

e.

Street paving,

f.

Street trees.

(2)

These improvements shall conform to the Design Guidelines of the City of Coalinga when this document is published.

(c)

Utility improvements.

(1)

The following utility improvements are required:

a.

Ornamental street lighting system,

b.

Sanitary sewage collection and pumping system,

c.

Water distribution to all lots and fire protection system (including fire flow and fire hydrants),

d.

Undergrounding of utilities, including but not limited to electric, communication, and cable television lines installed in and for the purpose of supplying service to any subdivision, in accordance with the utility's rules and regulations on file with the California Public Utilities Commission,

e.

Storm water drainage system necessary for the proper use and drainage of streets, highways and ways, and to the land being subdivided.

(d)

Public safety improvements.

(1)

The following public safety improvements are required:

a.

Fences along lot line adjacent to proposed or existing surface water drainage channels if any,

b.

Fences and landscaping along rear lot lines of lots backing upon streets or highways,

c.

Off-tract improvements, wherever such improvements are required for the general health, safety and welfare, and where conditions necessitating such improvements are caused or aggravated by the subdivision.

(2)

The City Council may require additional improvements if deemed necessary to ensure the health, safety, convenience and general welfare of the community.

(e)

Improvements approval and construction.

(1)

Construction of improvements shall not commence until plans and specifications for such work have been submitted to and approved by the City as part of the tentative map submission, and, if the final map is to be recorded, a Subdivision Improvement Agreement has been signed.

(2)

All improvements shall be inspected and approved by the Community Development Director or his authorized representative. The subdivider shall be responsible for the actions of his contractor. Twenty-four (24) hours minimum notice will be required prior to an inspection by City personnel.

(f)

Plan check and inspection fees.

(1)

Subdivider shall be required to pay a plan check and inspection fee which shall include all charges for engineering and inspection services and rendered by the City including the cost of recording maps. The plan check and inspection fee shall be as indicated in the City Comprehensive Fee Schedule. The plan check fee shall be paid prior to commencement of plan checking by the City. The inspection fee shall be paid prior to any construction work requiring inspection.

(g)

Improvement security.

(1)

Security.

a.

The subdivider shall file, to assure his full and faithful performance of improvements construction, a bond or security for such sum as the Community Development Director deems sufficient to cover the cost of the improvements.

(2)

Security, form, and amount.

a.

Such security shall be in the manner, form, and kind provided by the Subdivision Map Act and acceptable to the City Attorney. The security shall be in the amount of 100 percent of the estimated cost of the improvements, conditioned upon the faithful performance of his agreement by the subdivider, and in the additional amount of 100 percent of such sum securing the payment by the subdivider to his contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for improvements. The security provided shall guarantee maintenance and/or repair of all defects in required public improvements for a period of one year following acceptance of said improvements by the City. In lieu of a 100 percent performance bond and 100 percent labor and materials bond, surety may be assured by the filing of a letter of credit, cash deposit, or deposit of negotiable bonds, which creates a trust fund in an amount equal to 110 percent of the cost of the work estimated by the Community Development Director. Said trust fund shall be maintained in a financial institution subject to regulation by the state and federal government with the trust fund limited to the following conditions:

1.

Ten (10) percent of the cost, representing a labor and materials deposit, to be retained for thirty-five (35) days after the filing of the notice of completion.

2.

Funds may be discharged from the balance of the surety account from time to time as work is completed, up to ninety (90) percent of value of work completed, with authorization of the Community Development Director until all work is completed and the notice of completion is filed; at which time the remaining funds shall be released thirty-five (35) days thereafter.

3.

Prior to final acceptance by the city of improvements, the subdivider shall provide the City with a one year maintenance bond in the amount of five (5) percent of the estimated cost of improvements.

(3)

Completion of work by the City.

a.

In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this chapter and the City shall have completed the same, or if the subdivider shall fail to reimburse the City for the cost of incidental expenses or to cover the cost of replacement and the repair of existing streets or other improvements damaged in the development of the subdivision or requiring repair or replacement during the one year guarantee period, the City shall demand performance of the agreement by the subdivider to do such work and reimburse itself for the cost of work agreed to be performed by the subdivider. If the amount of the surety bond or cash deposit exceeds all costs and expenses incurred by the City, the City shall release the remainder of such bond or certification, less the cost and expense incurred by the City. The subdivider shall be liable to the City for any costs additional to those secured in an action to be brought therefore by the City.

(4)

Agreement for installation of improvements.

a.

Prior to the approval by the City Council of the final map, the subdivider shall execute and file an agreement between the subdivider and the City, specifying a period of time, agreeable to the Community Development Director, which shall be not greater than one year, within which he shall complete all improvement work to the satisfaction of the Community Development Director, and providing that if the subdivider shall fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the Community Development Director or his authorized representative and reimbursement to the City by the subdivider for the cost of such inspection.

(5)

Reimbursement agreement.

a.

The City shall enter into an agreement for reimbursement to the subdivider. However, the subdivider shall be reimbursed only for that portion of the cost of such improvements equal to the difference between the amount it would cost the subdivider to install improvements to serve the subdivision only, and the actual cost of oversize improvements or in the case of Master Plan facilities, the City will pay the subdivider for the oversizing pursuant to the terms of an Oversizing Reimbursement Agreement, consistent with Section 9-7.205(b)(2) of this chapter.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

When required as a condition for approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision that is needed for streets, alleys, including access rights and abutter's rights, drainage easements, parks, and other easements and parcels of land intended for public use according to the standards listed below. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.

(b)

Nature of dedications.

(1)

Streets.

a.

The subdivider shall dedicate land for streets according to adopted City Standards. Partial streets shall be discouraged in developments except in those situations where warranted and when approved by the Community Development Director.

(2)

Waiver of direct access right.

a.

The Community Development Director may require that offers of dedication of streets include a waiver of direct access rights from any property shown on the final map as abutting thereon.

(3)

Public easements.

a.

The subdivider shall dedicate easements of at least ten (10) feet in width for all City utilities, including but not limited to natural gas, sanitary sewer, water, and drainage purposes, on each side of rear lot lines, along side lot lines, and in planting strips wherever necessary. Easements of different width may be required, based on the Community Development Director's determination.

(4)

Drainage facilities.

a.

In accordance with Government Code Section 66483, the City, as appropriate and as permitted by law, shall require payment of fees for purposes of defraying the costs of constructing planned drainage facilities if any part of the land division is located within a planned drainage area. If the subdivider installs planned drainage facilities, fees shall be reduced accordingly. Fees required pursuant to this section and associated with residential development shall be paid consistent with the provisions of Section 66007 of the California Government Code.

(5)

Bicycle paths and pedestrian trails.

a.

The subdivider shall dedicate or make an irrevocable offer of dedication of land that is needed to provide bicycle paths for the use, safety, and benefit of the residents of the subdivision.

b.

As stated in the Circulation Element of the City of Coalinga's General Plan, the subdivider shall also dedicate or make an irrevocable offer of dedication of land to contribute the City network of trails to provide safe and agreeable pedestrian access to parks, schools and major facilities.

(6)

Transit facilities.

a.

When required as a condition for approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of a subdivision.

(7)

Railroad and grade crossings.

a.

The City Council shall review proposed subdivision plans with respect to existing railroad crossings and proposed or likely grade separations or other such facilities and shall require such changes as may be necessary to ensure that the design and improvement of the subdivision does not interfere with such future grade separations or other measures. The subdivider shall dedicate or make an irrevocable offer for dedication of the rights-of-way required for any grade separation or similar improvement that the General Plan Circulation Element proposes.

(8)

Solar access easements.

a.

At such time as the City has adopted solar access standards, and when required as a condition for approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of easements for the purpose of assuring that each parcel or unit in the subdivision for which approval is sought has the ability to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. The dimensions and locations of such easements shall be in accordance with any standards for solar access adopted by the City Council.

(9)

Park and recreation areas.

a.

As a condition of approval of a tentative map, the City shall require the subdivider to dedicate, make an irrevocable offer of dedication of land, or pay a fee in lieu thereof, or a combination of both, for neighborhood and community open space, park and recreational purposes. In order to conform to the policies of the General Plan and maintain existing standards for parks and recreation facilities, the park area required to be dedicated shall be equal to the ratio of the ultimate population of the subdivision to the current population of the City multiplied by the total park area within the City's planning area at the time of filing of the tentative but in no case shall be less than three (3) acres of park area per 1,000 persons nor more than five (5) acres per 1,000 persons who will live in the subdivision, calculated as follows:

1.

The ultimate population of the subdivision is based upon the approved residential density and the average household size for the type of unit;

2.

Total population of the City shall be as reported in the most recent available federal census;

3.

Current park acreage shall be the amount of neighborhood and community park acreage identified in the General Plan or any more recent records, maps, or reports.

(10)

Elementary school sites.

a.

When a subdivider develops one or more subdivisions within one or more school districts maintaining an elementary school, the Community Development Director may be require the subdivider to dedicate to the school district or districts such lands as the district shall deem necessary, for the purpose of constructing facilities for the adequate provision of elementary school service.

b.

Procedure.

1.

The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty (30) days after the requirement of dedication is imposed by the City the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time, before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

c.

Payments to subdivider.

1.

The school district shall, if it accepts the dedication of land, repay the subdivider the original cost of the dedicated land, plus a sum equal to the total of the following:

i.

Improvement costs. The cost of any improvements to the dedicated land since acquisition by the subdivider;

ii.

Assessed taxes. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

iii.

Other costs. Any other costs incurred by the subdivider to maintain the dedicated land, including interest costs incurred on any loan on the land.

d.

Exceptions.

1.

The requirements for dedication shall not apply to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative map.

(c)

Acceptance, termination and recording of dedications.

(1)

Acceptance of dedications.

a.

At the time the City approves a final map or parcel map, the City shall also accept subject to improvement, or reject, any offer of dedication. The City Council may accept said dedications pursuant to Section 1806 (c) of the Streets and Highways Code. The City Clerk shall certify or state on the map the City's action.

(2)

Offers of dedication.

a.

If at the time the final map is approved, any streets, paths, alleys, or storm drainage easements are rejected, the offer shall remain open and the City Council or Community Development Director may, by resolution at any later date and without any further action by the subdivider, rescind the City's action and accept and open the streets, paths, alleys or storm drain easements for public use which acceptance shall be recorded in the office of the county recorder. Dedications and acceptance or rejection of parcels of land for elementary school sites, public utility and other easements on parcels of land not previously specified shall be in accordance with the provisions of the Subdivision Map Act.

(3)

Termination of offers.

a.

Offers of dedications may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code.

(4)

Recording dedications.

a.

The City shall record a certificate with the county recorder for any dedication in fee for public purpose or for making public improvements or constructing public facilities, other than for open space, parks, or schools. The certificate shall be attached to the map and shall contain all of the following:

1.

The name and address of the subdivider dedicating the property.

2.

A legal description of the real property being dedicated.

3.

A statement that the City shall reconvey the property to the subdivider if the City makes a determination that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.

(d)

Considerations in lieu of fees.

(1)

The City Council may allow any subdivider to furnish a consideration in lieu of payment of the fees mentioned in this chapter, if the City Council finds that such consideration has a value not less than the fees that would otherwise be payable. The form of consideration in lieu of fees may include, but shall not be limited to, any of the following or a combination thereof:

a.

Construction of all or part of a bridge project or major thoroughfare project, as the case may be, for which the area of benefit was established.

b.

Dedication or conveyance of all or part of the site or right-of-way required for major construction of a bridge project or major thoroughfare project, as the case may be, for which the area of benefit was established.

(2)

Value in excess of fees.

a.

If the City Council finds that the consideration in lieu of fees has a value in excess of the amount of fees that would be otherwise payable, the City Council may enter into an agreement with the party furnishing such consideration for reimbursement of the amount of such excess from moneys, then in or which may later accrue to, the fund into which such party would have been required to pay fees but for such consideration in lieu of fees, and to reimburse such party from such fund in accordance with such agreement.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Conformance requirement.

(1)

All improvements shall conform to standard specifications, designs and details as prepared by the administrative staff and approved by the City Council, or in the event no official or standard plan, specification, design, detail or regulation has been adopted by the City regarding the installation of a particular improvement, then the improvement shall conform to the plan, specification, design, detail or regulation then set forth by the administrative staff and approved by the City Council.

(b)

Streets and highways.

(1)

The street and highway design shall conform both in width and alignment with any general plan circulation element, precise street plans and other precise plans adopted by the City Council, and right-of-way for any such street or highway indicated on the general plan or precise plans shall be dedicated to the City by the subdivider.

(2)

Streets and highways not otherwise designated on the circulation element of the general plan shall not be less than those set forth in this section, except where it can be shown by the subdivider that the topography of the land or other physical constraints are such as to justify narrower width. Increased widths may be required for bicycle lanes and, when determined necessary, by the City Council in the public interest. Approval or determination of street classification shall be made by the City Council.

a.

Major arterial rights-of-way shall not be less than 116 feet in width.

b.

Minor arterial rights-of-way shall not be less than ninety-four (94) feet in width.

c.

Collectors without on-street parking rights-of-way shall not be less than fifty-three (53) feet in width.

d.

Collectors with median and without on-street parking rights-of-way shall not be less than sixty-five (65) feet in width.

e.

Collectors with on-street parking rights-of-way shall not be less than sixty-seven (67) feet in width.

f.

Local residential rights-of-way shall not be less than forty-seven (47) feet in width.

g.

Local commercial street rights-of-way shall not be less than sixty (60) feet in width.

h.

Cul-de-sac or other dead-end street serving less than ten (10) homes shall not be less than forty-seven (47) feet in width.

(3)

Relationship to existing streets.

a.

The street system in the proposed subdivision shall relate functionally to the existing streets in the area adjoining the subdivision and be designed to maximize access points to existing local and collector streets.

(4)

Center lines.

a.

The center lines of all streets, wherever practicable, shall be the continuations of the center lines of existing streets, or shall be offset at least 150 feet.

(5)

Intersections.

a.

Each street intersection shall be as near to a right angle as is practicable, and no intersection of streets at angles less than sixty (60) degrees shall be approved, unless necessitated by topographical conditions as determined by the Community Development Director.

(6)

Corner cut-offs.

a.

At street intersections, the block corners shall have a corner cut-off sufficient to accommodate a City Standard Street Intersection Return, inclusive of a wheelchair ramp.

(7)

Cul-de-sac or dead-end streets.

a.

Cul-de-sac or dead-end street shall be no more than 600 feet in length and shall have a turnaround having a minimum radius of forty-seven (47) feet, measured to the property line, and minimum of forty (40) feet to curb face unless the Community Development Director determines that such turnaround is not necessary.

1.

Culs-de-sac and dead end streets shall be prohibited in R districts except where necessary to give access to or permit satisfactory future development of adjoining land. If culs-de-sac and dead end streets cannot be avoided, bicycle and pedestrian connections shall be provided from the cul-de-sac or dead end street to nearby public areas and main streets.

2.

Culs-de-sac and dead end streets shall be avoided in all other districts. If culs-de-sac and dead end streets cannot be avoided, bicycle and pedestrian connections shall be provided from the cul-de-sac or dead end street to nearby public areas and main streets.

(8)

Curve radius.

a.

The center line curve radius on all streets shall be designed in accordance with acceptable safe engineering practices. In no case shall the curve radius for an arterial be less than 500 feet. Center line curve radius on all other streets shall not be less than 200 feet.

(9)

Frontage streets.

a.

When any lots front or side on any arterial, collector, expressway or freeway, the subdivider may be required to dedicate and improve a frontage street to provide ingress to and egress from such lots. Residential properties shall not front onto and take access to/from arterial or collector streets.

(10)

Private roads and alleys.

a.

Private roads and alleys shall not be permitted unless a Conditional Use Permit is approved by the City Council and, if approved, all private roads or alleys shall be constructed to City standards.

(11)

Grades of streets.

a.

Streets shall not be less than two-tenths (0.2) percent and not greater than seven (7) percent, unless because of topographical conditions or other exceptional conditions the Community Development Director determines that a grade less than two-tenths (0.2) percent, or in excess of seven (7) percent, is necessary.

(12)

Fire hydrants.

a.

The position of any street within twenty (20) feet of a fire hydrant shall not have a grade in excess of seven (7) percent to allow for the positioning of a fire suppression unit.

(13)

Access on arterials.

a.

Arterial streets shall not be used to provide direct access to individual single-family residential lots. When the rear or side of any lot borders an arterial, the subdivider may be required to execute and deliver to the City an instrument prohibiting the right of vehicular ingress and egress from said arterial to said lot.

(14)

Access on collectors.

a.

The use of a collector as primary direct access to individual single-family residential lots shall not be allowed.

(c)

Alleys.

(1)

The City Council, for any one of the following reasons, may require alleys to be constructed to City standards):

a.

Unusual size, shape or topographical character of the property to be subdivided.

b.

The relationship to existing or proposed commercial, industrial or high density residential development or adjacent railroad right-of-way.

c.

The special nature of the design or density of a residential subdivision where dwellings are grouped in such a manner as to require access from other than the street frontage.

d.

The need to maintain continuity of existing alleys where the property to be subdivided is located immediately between existing residential blocks where alleys are provided.

(2)

Residential alleys shall have a minimum dedicated width of twenty (20) feet.

(3)

Alleys shall be provided where needed to serve existing or proposed commercial or industrial areas, and shall have a minimum dedicated width of thirty (30) feet, with adequate provisions for ingress and egress.

(4)

A twenty (20) foot corner diagonal cutoff, measured along the property lines from the point of intersection, will be required where two (2) alleys intersect. An ADA compliant accessibility ramp shall be constructed pursuant to the City design standards.

(5)

Alleys shall be so laid out and aligned as to provide reasonable access for utilities and other services.

(6)

Dead-end alleys shall be prohibited.

(d)

Pedestrian ways.

(1)

Pedestrian ways ten (10) feet or more in width may be required:

a.

Through the middle of blocks that are more than 600 feet in length;

b.

To connect culs-de-sac;

c.

To provide access to playgrounds, parks, schools, shopping centers, or similar community facilities; and/or

d.

To provide access to trails or bikeways shown in the General Plan.

(2)

The subdivider shall install paving, landscaping, and fences as approved by the Planning Commission or City Council, unless otherwise waived.

(e)

Bikeways.

(1)

Bikeways shall be required in all locations shown in the General Plan or as approved by the Planning Commission or City Council. Bikeway width, paving, landscaping, fencing, and signs shall be as approved by the City Council.

(f)

Street names.

(1)

All street names shall be approved by the City Council. Duplication of existing names shall not be allowed, unless the streets are approximately in alignment with existing streets and not so far removed as to be confusing.

(2)

Names of through streets in a north-south alignment shall be followed by the designation "street," and the names of through streets in an east-west alignment shall be followed by the designation "avenue."

(3)

Cul-de-sac streets in a north-south alignment shall be followed by the designations of either "place," "way" or "drive," and cul-de-sac streets in an eastwest alignment shall be followed by the designations of either "lane," "circle" or "court."

(g)

Blocks.

(1)

Block length.

a.

Blocks shall not exceed 600 feet in length, unless existing adjacent property alignment, topographic, or traffic conditions justify a variation. Blocks longer than 600 feet in length shall provide midblock pedestrian crossings so that there is no more than 600 feet of continuous block without a pedestrian crossing. Blocks in the HZ Overlay zone are exempt from the block length limitations and requirement for mid-block crossings.

(2)

Block width. The width of each block shall be sufficient for an ultimate layout of two (2) tiers of lots, of a size required by the provisions of this chapter, unless the conditions justify or make necessary a variation from this requirement.

(h)

Lots.

(1)

Lot width.

a.

Each residential lot or parcel shall have frontage width of not less than that required by Chapter 2 of this title, Zoning Districts and Allowable Uses.

(2)

Lot depth.

a.

Lot depths shall not exceed two and one-half (2.5) times the proposed lot width except where existing topography makes such dimensions infeasible.

(3)

Lot area.

a.

The area of all lots shall comply with the requirements of this title relative to each particular Zoning District. A variety of lot and home sizes shall be provided.

(4)

Lot frontage.

a.

Lots shall have a single frontage on a street; double frontage lots or lots without street frontage will not be permitted except where, in the opinion of the City Council, topographic or unusual physical conditions justify a deviation from this rule.

(5)

Side lines.

a.

The side lines of lots shall, wherever practicable, be required to run at right angles or radially to the street upon which the lot faces.

(6)

Lot numbering.

a.

Lot numbers shall begin with the numeral "1", and shall continue consecutively through all of the units of the tract with no omissions or duplications, and no block numbers shall be used.

(7)

Division of Lots.

a.

No lot shall be divided by a County, City, school, or any other taxing district boundary lines.

(8)

Suitability of lots.

a.

All lots shall be suitable for the purpose for which they are intended to be used. Land subject to flooding or deemed by the Planning Commission or City Council to be uninhabitable shall be indicted on the final map.

(9)

Land remnants.

a.

All remnants of below-minimum size left over after the subdivision of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels.

(10)

Walls and fences.

a.

Plans and specifications for required walls or fences and landscaping shall be submitted to and approved by the Community Development Director.

(i)

Access limitation strips.

a.

A one-foot access limitation strip shall be provided at the dead end of a stubbed street or at the edge of a partial width street, and shall be offered for dedication to the City for future street purposes.

b.

Access limitation strips shall be designated on the final map of the subdivisions and shall be specifically referred to in dedication and acceptance certificates.

(j)

Improvement extension and maintenance.

(1)

Each subdivision shall provide for the extension of improvements such as but not limited to lighting, common landscape areas, including pocket parks, perimeter walls, drainage systems beneficial to specific subdivision, drainage reservoirs, and open space areas, and the maintenance of such facilities through appropriate mechanisms as approved by the City Attorney. If a Landscaping and Lighting Maintenance District, Benefit Assessment District, or similar district is required, the following standards apply:

a.

Prior to the approval of improvement plans for a development, the applicant shall submit the following information for the establishment of a landscaping and lighting maintenance district, the extension of the subject improvements into the assessment area, and the maintenance of the improvements once constructed:

1.

A petition on a form provided by the Community Development Director requesting to have the subdivision placed in a district at the time the final map is approved by the city.

2.

Completed and approved landscaping and lighting improvement plans, and legal description.

b.

The district shall be established, or the annexation into an existing district concluded, and improvements completed and accepted concurrently with the other improvements in the subdivision.

c.

Exclusive of assessments for a district, the applicant shall pay all service fees and maintain all new district improvements in a safe and healthy manner for the greater of a ninety (90) day plant establishment period following acceptance of the subdivision improvements, or until assessment begins for the district.

(k)

Waiver of right to protest district formation.

(1)

Prior to final map approval, each subdivider shall record a document waiving their right to protest a new assessment or an assessment increase equal to or less than a CPI adjustment for a City-wide Landscaping and Lighting Maintenance District or other maintenance district when at least fifty-one (51) percent of the City is already in such district under the provisions of Government Code Section 53753.

(l)

Grading and erosion control.

(1)

Every map approved pursuant to this chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in Appendix J of California Building Code of the most recently adopted edition. Steep terrain and other topographical features may limit the abilities of a subdivider to perform mass grading operations. At the discretion of the Community Development Director, individual grading plans for each individual lot may be submitted with the building permit in lieu of a mass grading plan normally submitted with the improvement plans.

(m)

Protection of natural features and trees.

(1)

Natural features. Significant rock outcroppings and other unusual land forms shall be shown and identified on the tentative map and on improvement and landscape plans.

(2)

Trees.

a.

All existing trees six (6) inches in diameter or over shall be shown on the tentative map with a notation as to the size, species and dripline. Trees that are part of an agricultural crop may be shown as the outer extent of the planting with a notation as to the species and average tree size and dripline.

b.

Existing trees six (6) inches or over in diameter may be required to be preserved. In cases where tree preservation is required, all grading and necessary tree trimming shall be conducted in accordance with an arborist's recommendations for tree preservation.

c.

Trees within a proposed public right-of-way shall be removed only for good cause to protect the public safety or to allow the installation of adequate public facilities as may be approved by the Community Development Director.

(n)

Storm water management plan.

(1)

Every map approved pursuant to this chapter shall be conditioned to comply with the requirements of the City's Storm Water Management Plan, which includes measures that control construction site run-off and post-construction run-off.

(o)

Watercourses.

(1)

In accordance with Sections 66478.1 through 66478.10 inclusive of the Subdivision Map Act, if the land division will front upon a public waterway, river, or stream, as defined in Section 66478.4(c), access routes and easements along the bank shall be provided as follows:

a.

The land division shall provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of such river or stream bordering or lying within the proposed land division, as determined by the City Council in accordance with Section 66478.5 of the California Government Code;

b.

The land division shall provide for a dedication of a public easement along a portion of the bank of such river or stream bordering or lying within the proposed land division, as determined by the City Council in accordance with Section 66478.5 of the California Government Code; and

c.

The City Council shall determine the governmental entity to which such access route or easement shall be dedicated, and all dedications shall be in accordance with Section 66478.6 of the California Government Code.

(2)

In accordance with Section 66478.12 of the California Government Code, if the land division will front upon any lake or reservoir that is owned in part or entirely by any public agency, including but not limited to the United States, State of California, or the City of Coalinga, the land division shall be provided with or have available reasonable access by fee or easement from public highways to the water of the lake or reservoir upon which the land division borders either within the land division or a reasonable distance from the land division, as determined by the City Council in accordance with said statute. The City Council shall determine the governmental entity to which such dedication shall be made.

(3)

If a land division is traversed by a river, stream, or creek, the subdivider shall leave such river, stream, or creek in its natural condition whenever practical. Sufficient right-of-way shall be dedicated to the City or other public entity and improved for flood control purposes as necessary to accommodate flows of water that would be generated by a flood of 100-year frequency. In the event that a land division is to front upon a river, stream, or creek, the provisions of this paragraph shall apply to that portion of the bank thereof bordering or lying within the proposed land division. The City Council shall determine the governmental entity to which such dedication shall be made.

(4)

The City Council may disapprove a tentative map because of flood hazard and inundation, and require protective improvements to be constructed as a condition precedent to approval of the map.

(p)

Drainage reservoirs.

(1)

Temporary drainage reservoirs will only be allowed in areas where it has been determined by the Community Development Director that it is not practical to implement the intent of the latest adopted version of the Storm Drain Master Plan. Landscape and irrigation systems shall be installed as approved by the Community Development Director. Maintenance of these facilities shall be part of the maintenance district created for the benefit of the subdivision.

(2)

Temporary drainage reservoirs may be approved until such time as Storm Drain Master facilities are available for connection and shall be dedicated to the City as an easement.

(3)

Drainage Reservoirs designated in the Storm Drain Master Plan shall be considered permanent facilities and title of the land shall be held by the City in fee. Property acquisitions shall be in the form of a dedication or purchased in accordance with the City's Storm Drain Master Plan and City's Property and Right-of-Way Acquisitions Policy and Procedures Manual. Landscaping and irrigation systems shall be installed as approved by the Community Development Director.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

The City Council finds that it is desirable to maintain a balanced housing program to accommodate the needs of all segments of its citizenry. The purpose of this article is to:

(1)

Establish regulations in conformance with the housing element of the City's general plan relating to the conversion of existing multiple-dwelling residential apartment units to condominiums;

(2)

Ensure a reasonable balance of rental and ownership housing in the City and a variety of individual choices of the tenure, type, price, and location of housing

(3)

Maintain a supply of rental housing for low- and moderate-income persons; and

(4)

Mitigate the displacement of long-term residents who may be required to relocate from the community due to a shortage of replacement rental housing.

(b)

The City Council finds that when the number of vacant apartments offered for rent or lease is less than three (3) percent of the total number of apartment units in the City, or when the number of vacant apartments offered for rent at similar rental rates and of a similar type is less than fifty (50) percent of the total number of the apartments to be converted to condominiums, a housing shortage exists which is inconsistent with the purposes of this article and with the goals and objectives established by the housing element of the general plan. The City Council also finds that the conversion of existing apartment buildings into condominiums diminishes the supply of rental housing and displaces residents who are forced to move outside the City when a housing shortage exists. For such reasons, condominium conversions will be permitted only when no housing shortage exists and when the conversion is consistent with the purposes of this article. No application for the approval of a tentative map for a condominium conversion may be filed while such housing shortage exists.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

"Apartment" shall mean a rental dwelling unit in a structure designed or used to house two (2) or more families living independently of each other.

"Condominium" shall mean a separately owned dwelling unit in a building containing two (2) or more units, as defined in Section 783 of the Civil Code of the State.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Tentative map.

(1)

An applicant for the approval of a condominium conversion shall provide the City with a tentative map as described in Section 9-7.301 of this chapter.

(b)

Economic and demographic information.

(1)

An applicant for the approval of a condominium conversion shall also provide the City with specific information concerning the economic and demographic characteristics of the project.

(c)

Structural report.

(1)

The following reports shall be submitted to the City by an applicant:

a.

A report detailing the structural condition of each building and structure on the property, including foundations, electrical, plumbing, utilities, walls, roofs, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities and appliances, with specific reference to the extent any condition existing on the property is unsafe or dangerous, and proposed corrective measures to be employed;

b.

A structural pest report, prepared by a licensed structural pest control operator, relating to the presence or absence of wood-destroying pests or organisms; and

c.

A report showing that the wall separation and the floor and ceiling separation between the units meet the soundproof standards of the current Uniform Building Code requirements adopted by the City.

(2)

If such report shows that such standards are not met, the applicant shall enter into an agreement with the City, secured in the manner provided in Sections 66499 through 66499.10 of the Government Code of the State, to correct the conditions within a stated period of time. Alternately, the City may require the applicant to enter into an agreement in recordable form providing that no sale of a condominium may close until the soundproof standards are met or until cash in the amount of the cost of the improvements is on deposit and guaranteed for expenditure for such purpose.

(d)

Declarations of covenants, conditions and restrictions.

(1)

At the time of filing the tentative map, the applicant shall provide a declaration of covenants, conditions, and restrictions for the condominium conversion which declaration shall include:

a.

An agreement for the maintenance of common areas, including facilities and landscaping, together with an estimate of the initial assessment fees anticipated for the maintenance;

b.

Access for Construction, Maintenance, or Repairs. Each Owner and the Homeowners' Association shall have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance, or repair for the benefit of the Common Area or the owners of the units in common;

c.

Provisions for the maintenance of vehicular access areas within the project and of all utility lines and services for each unit;

d.

Right to Terminate Management and Maintenance Contracts. Unless otherwise prohibited by law, or any local, state, or federal regulation, reference shall be made to the Homeowners' Association's right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three (3) months after the Homeowners' Association assumes control of the project, or at that time renegotiate any such contracts; and

e.

Amendments to Covenants, Conditions, and Restrictions. A statement that the covenants, conditions, and restrictions shall not be amended, modified, or changed without first obtaining the written consent of the City.

(e)

Other required information.

(1)

In addition to the information required by this article, the applicant may be required to submit other information which, in the opinion of the Community Development Director, will assist in determining whether the proposed conversion is consistent with the purpose of this article.

(f)

Filing fees.

(1)

A filing fee fixed by the City Council shall be submitted with the documents listed above.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

No application for a condominium conversion may be approved unless the project meets the following standards:

(1)

Insulation. Each unit shall conform to the current noise and energy insulation standards under the Uniform Building Code as adopted by the City or other applicable laws or regulations. If the current standards cannot reasonably be met, the City may vary the standards where permitted by law to do so, and in this event the City shall require the applicant to notify potential buyers of the deficiency. However, soundproof standards may not be waived or varied, and the procedures set forth in Section 9-7.603(c)(1)c. of this article shall be followed.

(2)

Fire safety. Each unit shall meet the City standards for one-hour fire separation between the common walls of individual units, including the attic space. Each unit shall have at least one approved smoke detector, capable of detecting products of combustion other than heat, which is installed in accordance with City requirements.

(3)

Utilities. Each dwelling unit shall be separately metered for gas, electricity and water, unless the City approves a plan for the equitable sharing of communal metering. Separate water shut-off valves shall be provided for each unit or for each individual fixture.

(4)

Recycling and trash areas. Each area for recycling and trash placement and pickup shall be adequately designated. All recyclables and refuse shall be removed on a regularly scheduled basis from the premises.

(5)

Vibration mitigation. Permanent mechanical equipment which the Building Inspector determines is a potential source of vibration or noise shall be shock-mounted or otherwise mounted in a manner approved by the Building Inspector to lessen the transmission of vibration and noise.

(6)

Directories. Addresses for all units and directory maps, if found by the City to be necessary, shall be prominently displayed at appropriate places of public or private access within or adjacent to the project.

(7)

Laundry facilities. There shall be provisions in each dwelling unit for a washer and dryer, or a laundry room with one washer and one dryer shall be provided for every four (4) dwelling units.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Notice to tenants shall be provided as required in Section 66427.1 of the Subdivision Map Act. At least three (3) days before any hearing or action on a proposed tentative map for a conversion, the Community Development Department shall provide a copy of the staff report to the subdivider and to each tenant of the property:

(1)

Notice of intent. The subdivider shall deliver a notice of intent to convert to each tenant at least sixty (60) days prior to filing of the tentative map. The form of the notice shall follow the requirements of Section 66452.9 of the Subdivision Map Act and be approved by the Community Development Director.

(2)

Notice of public report. Each tenant shall receive ten (10) days' written notice that an application for a public report will be or has been submitted to the Department of Real Estate and that such report will be available on request.

(3)

Notice of final map approval. Each tenant shall receive written notification within ten (10) days of approval of a final map for the proposed conversion.

(4)

Tenant's right to purchase. Any present tenant shall be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to approval of the final map.

(5)

Vacation of units. Each tenant not in default under the obligations of the rental agreement or lease under which he/she occupies his/her unit shall be given 180 days' written notice of intention to convert his or her unit prior to termination of tenancy. The subdivider shall notify each tenant immediately prior to the time of final map approval of the anticipated date required to vacate the unit. Evidence of receipt by each tenant shall be submitted prior to approval of the final map.

(6)

No increase in rents. The rents charged tenants at the time when a completed tentative map application was accepted by the Community Development Department shall not be increased for two (2) years from that acceptance time, or until the unit is sold or the subdivision is denied, withdrawn or reverted to acreage. The increase in rent on a unit which has been vacated after receipt of the application by the Community Development Department shall not be subject to control.

(7)

Notice to new tenants. At least thirty (30) days prior to the filing of the tentative map, the subdivider shall give notice of the filing of the map to each person applying after such date for rental of a unit immediately prior to acceptance of any rent or deposit. The notice shall be in the form outlined in Section 66452.8(b) of the Subdivision Map Act and shall advise the prospective tenant that notice will be provided at least 180 days prior to the actual conversion. If the subdivider fails to give notice in accordance with this section, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice and who does not purchase his or her unit, an amount equal to two (2) times monthly rent for moving expenses.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

The City shall deny the approval of an application for a condominium conversion unless the City finds that:

(1)

The proposed conversion is compatible with the objectives, policies, elements, and programs established by the general plan and any applicable specific plan;

(2)

The design and improvement of the project is consistent with the general plan and applicable specific plans;

(3)

The design of the project creates an acceptable balance between, and provides reasonable relationships among, the structures and their units, private yard areas, open spaces, parking areas, and recreational facilities;

(4)

The proposed conversion is consistent with the purpose of this article; and

(5)

The proposed conversion is consistent with the health, safety and welfare of the residents of the City.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

The City may impose any conditions it considers necessary to ensure that the project will conform to the requirements of this article.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Exceptions.

(1)

Exceptions to regulations pertaining to lot depth, reverse corner lots, street length and width, and double frontage lots may be authorized by the review authority following a public hearing at which the tentative map is also considered.

(2)

A request for such exceptions shall be made by the subdivider and filed with the application for the proposed land division.

(b)

Exceptions requiring conditional use permit approval.

(1)

Modifications to any other requirements and regulations set forth in this title as it pertains to lot design shall be subject to the approval of a Conditional Use Permit.

(2)

Application for any such modification shall be made in writing by the Subdivider in the form of a Conditional Use Permit application, stating fully the grounds of the application and the facts relied upon by the subdivider. Such application shall be filed with the tentative map of the proposed land division.

(3)

The City Council shall approve, conditionally approve or disapprove the application for a Conditional Use Permit pertaining to a tentative map following a public hearing held concurrently with the proposed tentative map. If in the opinion of the Community Development Director and Community Development Director the on- and/or off-site improvements, phasing and/or type of improvements necessitate it, a development agreement may be required between the City and the Subdivider.

(c)

Required findings. In order to approve an exception, the review authority must make all of the following findings:

(1)

There are special circumstances or conditions affecting the property that make it impractical to conform to all of the provisions prescribed by this chapter provided, however, that no exceptions may be granted to any requirements imposed by the Subdivision Map Act or any other applicable provision of State law;

(2)

That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

(3)

That the granting of the modification will not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated;

(4)

That the exception is appropriate for the proper design and/or function of the subdivision; and

(5)

That the granting of the exception is consistent with the General Plan.

(d)

Remainder parcels.

(1)

The Subdivider may designate a remainder parcel which is not divided for the purpose of sale, lease, or financing. For a designated remainder parcel, the fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a permit or other grant of approval for development of the remainder parcel is issued or until the construction of the improvements, including the payment of fees associated with any deferred improvements, is required pursuant to an agreement between the subdivider and the City unless the parcel is included within the boundaries of a benefit assessment district or community facilities district or the City determines that fulfillment of the construction requirements is necessary for reasons of the public health and safety or as a prerequisite necessary to the orderly development of the surrounding area.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Decisions that are subject to appeal under the Subdivision Map Act or the provisions of this chapter shall be filed and processed in accordance to Section 9-6.115, Appeals. The decision of the City Council is final.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Method and purpose of amendment.

(1)

After a final map or parcel map if filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map for any of the following purposes:

a.

To correct any error in any course or distance shown on the final map;

b.

To show any course of distance that was omitted from the final map;

c.

To correct an error in the description of the real property shown on the map;

d.

To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

e.

To show the proper location or character of any monument which has been changed in location or character originally which was originally shown at the wrong location or incorrectly as to its character; or

f.

To correct any other type of map error or omission as approved by the Community Development Director, which does not affect any property right. Such errors or omissions may include, but are not limited to lot numbers, acreage, street names, and identification of adjacent record maps.

(2)

As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

(b)

Procedure.

(1)

The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor and shall set forth in detail the corrections made, show the names of the present fee owners of the property affected by the correction or omission.

(2)

The Community Development Director shall examine and certify the amending map or certificate of correction if he founds that the corrections fall under the description of Section 9-7.703(a) of this article.

(3)

The Community Development Director shall cause the amending map or certificate of correction certified by him to be filed in the office of the county recorder. The subdivider shall be required to reimburse the City for any fees or costs incurred for such filing.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

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

(b)

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

(c)

This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this title, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

(d)

Nothing contained in this chapter shall be deemed to prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where such sale, lease or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final subdivision map or parcel map, as required by the "Subdivision Map Act" or by this chapter.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of the "Subdivision Map Act" or of this title is voidable in the same manner and to the extent provided in the "Subdivision Map Act."

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Compliance with the provisions of this title is a condition precedent to the issuance of a building permit by the City for the erection, construction, enlargement, alteration, repair, improvement, removal, conversion or demolition of any building or structure on any lot or parcel of land in the City.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Compliance with the provisions of this title is a condition precedent to City maintenance of streets of all subdivisions, the improvements of which have not been accepted, and from all areas offered for dedication to the public which have not been accepted.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Subdivision improvement work shall not be commenced until after the final map or parcel map is approved and not until after all plans and profiles for such work have been submitted to and approved by the Community Development Director.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

There shall be no final inspection of buildings until curb, gutter, sidewalk, driveway approach, pavement and underground utilities are in place and all required electroliers are installed and connected to electrical circuits from the subdivision entrance to and including the lot in question. Final inspection of all residential, commercial and industrial units shall be withheld until all underground utilities, curb and gutter, sidewalk, electroliers, and required pavement are installed from an existing improved street to and including the frontage of the lot in question.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

No permit shall be issued or approval granted where such permit or approval is necessary to develop any real property, where such property has been divided, or has resulted from a division, in violation of the provisions of the "Subdivision Map Act" or of this title if the person or body having authority to issue such permit or grant such approval finds that development of such real property is contrary to the public health or safety.

(b)

The authority to deny such a permit or such approval shall apply whether the applicant was the owner of record at the time of such violation or whether the applicant is either the current owner of record or a vendee of the current owner of record pursuant to a contract of sale of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his or her interest in such real property.

(c)

If a permit is issued or approval is granted for the development of such real property, only those conditions may be imposed which would have been applicable to the division of the property at the time the applicant acquired his or her interest in such real property, and which has been established at that time by the "Subdivision Map Act" or by this title, except as follows:

(1)

Where the applicant was the owner of record at the time of the initial violation of the provisions of the "Subdivision Map Act" or of this title, who, by a grant of the real property created a parcel or parcels in violation of the "Subdivision Map Act" or of this title, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation of the "Subdivision Map Act" or of this title, then conditions may be imposed as would be applicable to a current division of the property.

(2)

If a conditional certificate of compliance has been filed for record pursuant to this chapter, only such conditions stipulated in that certificate shall be applicable.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request, and the Community Development Director shall determine, whether such real property complies with the provisions of the "Subdivision Map Act" and of this title.

(b)

Upon making such a determination the Community Development Director shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the "Subdivision Map Act" and of this title. Prior to the recordation of the certificate of compliance the applicant shall pay to the City any fee required for issuance and recording of such certificate.

(c)

If the Community Development Director determines that such real property does not comply with the provisions of the "Subdivision Map Act" or of this title, he shall issue a certificate of compliance only if the real property has been approved for development pursuant to Section 9-7.807 of this article. Otherwise, he shall issue a conditional certificate of compliance.

(d)

The Community Development Director, as a condition to granting a certificate of compliance, may impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his or her interest, and which had been established at such time by the "Subdivision Map Act" or by this title, except as provided in Section 9-7.808(e), Certificate of Compliance, of this article.

(e)

Where the applicant was the owner of record at the time of the initial violation of the provisions of the "Subdivision Map Act" or of this title who, by a grant of the real property created a parcel or parcels in violation of the "Subdivision Map Act" or of this title, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation of the "Subdivision Map Act" or of this title, then the Community Development Director may impose such conditions as would be applicable to a current division of the property.

(f)

Upon making a determination and establishing such conditions, the Community Development Director shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner or vendee who applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

(g)

Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the Community Development Director.

(h)

A certificate of compliance shall be issued for any real property which has been approved for development upon request by the person owning the real property or a vendee of such person pursuant to a contract of sale. As used herein, "real property which has been approved for development" shall mean:

(1)

Real property with respect to which improvements have been completed prior to the time a permit or grant of approval for development was required by this title or the Coalinga Municipal Code, in effect at the time of the improvement, or

(2)

Real property with respect to which improvements have been completed in reliance upon a permit or grant of approval.

(i)

A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described.

(j)

An official map prepared pursuant to Section 66499.52(b) of the Government Code shall constitute a certificate of compliance with respect to the parcels of real property described and may be filed for record, whether or not the parcels are contiguous, so long as the parcels are within the same section, or, with the approval of the Community Development Director, within contiguous sections of land.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Whenever the Community Development Director has knowledge that real property has been divided in violation of the provisions of the "Subdivision Map Act" or of this title, he shall cause to be mailed by certified mail to the then current owner of the property a notice of intention to record a notice of violation.

(b)

The notice of intent shall:

(1)

Describe the real property in detail;

(2)

Name the owners thereof;

(3)

State that an opportunity will be given to the owner to present evidence;

(4)

Specify a time, date, and place for a meeting at which the owner may present evidence to the Community Development Director why the notice should not be recorded:

(5)

Contain a description of the violations; and

(6)

Contain an explanation as to why the subject parcel is not lawful under subdivision (a) or (b) of Section 66412.6 of the Government Code.

(c)

The meeting specified in Section 9-7.809(b)(4) of this article shall take place no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing of the notice of intention.

(d)

If, within fifteen (15) days of receipt of the notice, the owner of the real property fails to inform the Community Development Director of his or her objection to the recording of the notice of violation, the Community Development Director shall cause the notice of violation to be recorded with the county recorder.

(e)

If, after the owner has presented evidence, it is determined that there has been no violation, the Community Development Director shall cause to be mailed a clearance letter to the then owner of record.

(f)

If, however, after the owner has presented evidence, the Community Development Director determines that the property has in fact been illegally divided, the Community Development Director shall cause the notice of violation to be recorded with the county recorder.

(g)

The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such real property.

(h)

For purposes of Section 9-7.809(b)(6) of this article, a subject parcel is lawful under subdivisions (a) or (b) of Section 66412.6 of the Government Code in either of the following situations:

(1)

The subject parcel was created prior to March 4, 1972, and resulted from a division of land in which fewer than five (5) parcels were created if at the time of the creation of the parcel there was no ordinance in effect which regulated divisions of land creating fewer than five (5) parcels.

(2)

The subject parcel was created prior to March 4, 1972, and any subsequent purchaser acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of the "Subdivision Map Act" or of this title.

(3)

In either of the said situations, it is conclusively presumed under the "Subdivision Map Act" that such parcel or parcels have been lawfully created.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)