Pursuant to Title 7, Division 2 of the State Government Code, the city hereby adopts the Subdivision Map Act, State Government Code Sections 66410—66499.58, subject to amendments as provided by law and contained elsewhere in this chapter.

The provisions of this article are supplemental to those of the Subdivision Map Act, and shall apply to all subdivisions of land made when the land is entirely or partially within the city limits.

Investigation and report on the design and improvement of proposed subdivision;

Approve, conditionally approve or deny tentative maps of subdivisions prepared and filed according to this article and the Subdivision Map Act; and

Recommend the kind, nature and extent of the improvements required to be installed in subdivisions.

The review period for each responsible department, municipality, district, or governmental entity shall be as prescribed in State Government Code Sections 66452.1 and 66452.2.

Within the time frame established in State Government Code section 66452.1, the planning commission shall hold a public hearing and shall either approve, conditionally approve or deny the map pursuant to the procedures contained in Chapter III, Planning Applications.

The planning commission may impose reasonable conditions upon the map's approval.

After receipt of the report of the planning commission approving or conditionally approving the tentative map, the subdivider may, within 24 months from the date of the approval, proceed to prepare and file a final map as provided in this chapter. However, an extension of time up to 180 days may be granted by the director of development services. Extensions of time greater than 180 days may be granted by the original approval body for the project.

If the extension is denied, the denial may be appealed to the city council within 15 days.

If a final map is not submitted prior to expiration, the map shall be deemed abandoned. The map shall not be deemed abandoned, however, if the subdivider is required to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map at a cost that is equal to or exceeds the cost established by State Government Code section 66452.6. This cost shall exclude improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property. In this circumstance each filing of a phased final map authorized by State Government Code section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extension shall not exceed the tentative map more than 10 years from its approval or conditional approval. The number of phased final maps which may be filed shall be determined by the planning commission at the time of the approval or conditional approval of the tentative map.

The period of time specified in subsection (a) of this section shall not include any period of time during which a development moratorium applicable to the property which is the subject of the tentative map, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.

At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map." This requirement is mandatory, and any failure to comply with it shall prevent the subdivider from obtaining the benefits provided by this article.

At the time a vesting tentative map is filed, a subdivider shall also supply the information provided in the planning division's Subdivision Application.

A vesting tentative map shall not be accepted for filing unless all other discretionary land use approval applications, except for development review, are filed prior to or concurrently with the map.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Code in existence at the time of filing, the inconsistency shall be noted on the map by the subdivider.

Whenever a provision of the Subdivision Map Act or this Zoning Code requires the filing of a tentative map or parcel map, a vesting tentative map may instead be filed, in accordance with the provisions of this article.

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.

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 as described in State Government Code section 66474.2. However, if section 66474.2 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.

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

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in section 13-216, Duration of approval, appeal and abandonment. If the final map is approved, these rights shall last for the following periods of time:

Dedications. Conditions of approval of subdivision maps may require certain dedications. Dedications shall be provided for by a statement on the subdivision map unless the city engineer determines that legal instruments separate from the subdivision map are required. If the dedications are to be provided by legal instrument(s) separate from the subdivision map, the dedications shall be completed prior to the filing of the subdivision map with the county recorder. All streets, highways, alleys, easements and parcels of land identified in this section, shown on the final map and intended for public use, shall be offered for dedication for public use. The following are subject to dedication requirements:

Future dedication. Streets or portions of streets may be offered for future dedication where the immediate opening and improvement are not required, but where it is necessary to ensure that the city can later accept dedication when the streets are needed for the further development of the area or adjacent areas.

Improvements. The subdivider shall improve or agree to improve all land dedicated for streets, highways, public ways and easements as a condition precedent to acceptance and approval of the final map. The improvements shall include such grading, surfacing, sidewalks, curbs, gutters, culverts, bridges, storm drains, water mains and service connections to the property line with cutoff valves, sanitary sewers and such other structures or improvements as may be required by ordinance for the general use of the lot owners in the subdivision and for local neighborhood traffic and drainage needs. If the improvement work is not completed satisfactorily before the final map is approved, the owner of the subdivision shall, prior to approval and city's certification of the final map, enter as contractor into an agreement with the city whereby, in consideration of the acceptance by the city of the streets and easements offered for dedication, the contractor agrees to complete the work within the time specified in the agreement.

Grades. All improvements shall be installed to grades approved by the city engineer.

Plans, profiles and specifications. Plans, profiles and specifications of proposed improvements shall be furnished to the city engineer prior to the time of final map submittal, and shall be approved by the city engineer before the map is filed with the city council. The plans and profiles shall show full details of the proposed improvements in accordance with city standards.

Waiver of access. The subdivider may be required by the planning commission, as a condition of approval, to waive access to one or more designated streets before obtaining the city council approval of any final map.

Bonds. To assure that the work will be completed, bonds shall be provided by the subdivider from an approved surety company, or in cash, in the following amounts and for the following purposes:

Release of bonds. The city manager and designees are authorized to release the bonds in whole or in part accordance with the provisions of sections 66499.7 and 66499.8 of the California Government Code.

Checking fee. The fee is payable at the time the final map is submitted to the city engineer for checking.

Engineering and inspection fee. This fee shall be paid at the time the plans, profiles and specifications of proposed street improvements are submitted to the city engineer for approval.

Payment of street lighting costs. All persons shall pay, at the time of filing a final map, an amount of the estimated cost of the installation of light poles and electrical energy in the tract or tracts, for the period from the date of installation of the poles to the next November 1st. The street lighting superintendent shall determine the estimated cost of the light poles and the electric energy charge for the period, based upon the amounts charged by the Edison Company to the city under the current contract. The electrical fee shall be paid to the city engineer at the time the other fees and bonds required by this Zoning Code are to be paid and furnished to the city engineer.

Water fee. Where applicable, the fee is payable prior to approval by city council.

Sanitary fee. Where applicable, sanitary and sanitation district fees are payable prior to approval by city council.

Engineer's check. After issuance of a receipt for the final map, the city engineer shall examine it as to sufficiency of affidavits and acknowledgments, correctness of surveying data, mathematical data and computations, and such other matters as require checking to insure compliance with the provisions of the Subdivision Map Act and this article.

Transmittal to city council. If the final map is found to be correct in form and the matters shown on the map are sufficient, the city engineer shall endorse his approval on the map and transmit it to the city council together with plans and specifications of proposed improvements and such other matters as are required to enable the city council to consider the final map. If the final map is not found to be correct in form, the city engineer shall return the final map to the subdivider together with a statement setting forth the grounds for its return; the city engineer shall, however, not forward the map to the city council until the requirements of sections 13-229, Preparation, form and contents, to and including section 13-231, Fees, have been met by the subdivider.

Where any parcel of land is to be divided into four or fewer lots.

As required by State Government Code section 66426.

Nothing in this chapter shall prevent the filing of a final or parcel map of a subdivision for which a final or parcel map is not required, provided such map meets the requirements of the Subdivision Map Act, Article 6, Lot Line Adjustments, of this chapter, and any local ordinances.

Subdivisions containing fewer than five lots and not used for residential purposes shall be exempted from the requirements of this article. However, a condition may be placed on the approval of the tentative or parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the lots within four years, the fee may be required to be paid by the owner of each such lot as a condition of issuing the permit.

This section does not apply to commercial or industrial subdivisions, or to residential common interest development projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

Single-family residential. Detached single-family homes where there is no more than one dwelling unit on a lot.

Multiple-family residential. Apartments, common interest developments, townhouses and similar multiple-family residential developments, including detached single-family homes where there is more than one dwelling unit on a lot.

Determination of the number of dwelling units. The total number of dwelling units shall be determined by the number of units proposed for construction. When the actual number of units is unknown, the number of the units shall be based on the maximum number of units which are permitted by the general plan for the property at the time the tentative or parcel map is filed with the city.

Where there is no public park or recreation facility required within the proposed subdivision, or where the subdivision contains 50 lots or fewer, the subdivider shall pay a fee in lieu of land dedication reflecting the value of land required for park and recreation purposes in accordance with the schedule of fees as adopted by resolution of the city council. This fee shall reflect the average fair market value of neighborhood and community park land within the city. The fair market value shall be determined by an appraisal of at least one neighborhood park site and one community park site. The appraisal shall be conducted by an M.A.I. appraiser and shall consider the factors set forth in subsection (e), where applicable to the appraisal of public park land.

Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of 50 lots or fewer, where the subdivider proposes the dedication voluntarily and the land is accepted by the city council.

When a common interest development project, stock cooperative, or community apartment project exceeds 50 dwelling units, the city may elect to require dedication of land notwithstanding that the number of lots may be 50 lots or fewer.

For subdivisions in excess of 50 lots, the city council may elect to receive a fee in lieu of land dedication. The amount of such a fee shall be based upon the fair market value of land which would otherwise be required for dedication. The fair market value shall be determined by an M.A.I. appraiser acceptable to the city and at the expense of the developer as set forth in subsection (e) of this section. If more than one year elapses between the appraisal and recording of the final map, the city shall have prepared a new appraisal and shall invoice the subdivider for the cost of the appraisal.

For purposes of this section, the determination of the fair market value of neighborhood and community park land or unimproved residential land which would otherwise be required for dedication shall be determined by an M.A.I. appraiser acceptable to the city and shall consider, but not necessarily be limited to, the following:

If the subdivider objects to the amount of the fee pursuant to this section, an appeal may be made to the city council by filing an application of appeal with the city clerk and payment of an appeal processing fee as determined by the city council. A notice of appeal shall be filed with the city clerk within seven days of payment of the in-lieu fee. The subdivider shall have the burden of proof in contesting the amount of the fee. Within 30 days of receipt of the notice of appeal, a public hearing on the appeal shall be held by the city council, and the decision shall be final and conclusive in determining the amount of the fee.

The fee shall be paid to the development services department and shall be deposited and held in appropriate trust accounts and may be expended therefrom only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreation facilities to serve the subdivision on which the fee is charged. Upon receipt of the fee, the development services department shall issue a receipt, and the receipt shall be presented as proof of payment of the fee prior to the issuance of any permit for buildings and structures pursuant to this Zoning Code.

In order that the fees levied pursuant to subsection (a) of this section keep pace with the cost of land, the fee schedule described in subsection (a) shall be periodically adjusted on a biennial basis, or as specified by city council by resolution. The fee schedule shall be adjusted using the methodology described in subsection (a) for establishing the fee schedule.

Upon application to the development services department, the payment of the fee in lieu of land dedication pursuant to this section may be deferred where the department makes the following findings:

Subdividers required to or desiring to dedicate property for park and recreational purposes shall, upon filing a tentative map for approval, check with the city to determine whether their property has been designated for a park site in the general plan. If a subdivider's property is so designated, the subdivider shall coordinate with the necessary departments to incorporate the park site(s) into the property's development plan.

If the subdivider's property is not so designated, and a school site is proposed within or in proximity to the property, a park site adjacent to the school site shall be developed and the subdivider shall coordinate with the necessary departments to incorporate the park site(s) into the property's development plan.

At the time of tentative or parcel map approval, the planning commission shall determine whether to require dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both.

Determination: Whether the city accepts land dedication, requires payment of fees in lieu thereof, or a combination of both, shall be determined by consideration of the following factors:

The determination of the city that land shall be dedicated or a fee paid in lieu thereof, or a combination of both, shall be final and conclusive.

Procedures. When land dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act and applicable local ordinances. When fees are required, the same shall be deposited with the development services department prior to recordation of the map or issuance of building permits.

Credits. Credits against the amount of land to be dedicated or the amount of fees to be paid in lieu of dedication shall be granted as follows:

Previous fees. Credit shall be granted, dollar for dollar, for any park and recreation fees paid for the property pursuant to this Zoning Code within the preceding five years.

Improvements to dedicated land. Credit shall be granted, dollar for dollar, if the subdivider provides park and recreation facilities and/or improvements to land dedicated for park and recreation purposes. The value of the facilities and/or improvements shall be established by written documentation of the actual acquisition cost of the facilities or construction costs of the improvements paid by the subdivider.

Limitation on credits. The maximum amount of credits provided by this section shall not exceed 100% of the calculated fee in lieu of land dedication.

Transfer of credits. Credits provided by this section shall not be transferred or assignable to apply to property outside of the subdivision awarded the credit.

The granting of credits. Pursuant to section 13-259(b), Procedures and credits, credits shall be granted subject to the following conditions:

Additional credits. In lieu of the dedication of land for park and recreation purposes or the payment of a fee, the development services director, with the approval of the planning commission may permit the following: