This ordinance is enacted pursuant to the provisions of title 7, division 2, section 66410, et seq., of the government code of the State of California, referred to herein as the subdivision map act, and in addition to any other regulations provided by law, the regulations hereinafter in this chapter contained shall hereafter be known and cited as “The Subdivision Ordinance.”

The purpose of this ordinance and any rules, regulations and specifications adopted pursuant thereto, is to control and regulate the division of any land for any purpose whatsoever within the city and such unincorporated land situated adjacent to the city as may be annexed to the city.

All subdivisions shall be consistent with the applicable general plan and specific plan of the city. No land shall be subdivided and developed for any purpose not contemplated or specifically authorized by the precise zoning ordinance or specific plan of the city.

The initial step in the subdivision process involves the submission of a request for determination by the subdivider in accord with the requests of the city’s EIR ordinance. Upon receipt of the request for determination, the director of planning and development shall prepare an initial study concerning the project. Such study shall contain relevant, scientific and factual data. The project sponsor shall furnish such further data and information as may be required by the director of planning and development. This additional information may include preparation of an environmental assessment, including an environmental inventory and determination of development suitability for the project area. The requirements for a negative declaration or an EIR shall be based upon the initial study. Preparation of a negative declaration or an EIR shall be processed in accord with the applicable sections of the city’s EIR ordinance.

Consideration shall be given, within the established framework of local streets, to provide for uniformity of street widths and for properly relating alignments and street names. Preservation of the privacy and safety of streets in residential areas shall be encouraged by the prevention of through traffic in such areas. The amount of street width required shall be directly related to the traffic generating uses including automobiles, pedestrians and cyclists of abutting land as well as traffic which must pass through the subdivision. The topography of the land shall be respected and streets shall be designed so as to prevent excessive grading and scarring of the landscape. Problems of drainage shall be resolved in such a manner to permit the occupants of the subdivision security against flooding.

Community facilities, such as parks, schools, fire stations, libraries, or other public uses, shall be provided for in the subdivision process. This chapter establishes procedures for the referral of proposed subdivision maps to those boards, bureaus and other governmental agencies and utility companies, both public and private, so that the extension of community facilities and utilities may be accomplished in an orderly manner coincident with a subdivision of land and in accordance with such standards as may be adopted in the general plan and/or specific plan of the city. In order to facilitate the acquisition of land areas required to implement this policy, the planning commission may require that land be reserved for community facilities by the subdivider.

(a)    The subdivider.

The subdivider shall prepare maps in accord with requirements of this ordinance, consistent to the design standards of the city, providing for public improvements consistent with the improvement standards as contained in this ordinance and shall process such maps through the planning commission and the city council in accordance with the regulations as set forth herein.

(b)    Secretary of the planning commission.

All applications for subdivision approval shall be filed with the secretary of the planning commission who shall be responsible for the expeditious processing and prompt referral to other agencies of said application.

(c)    City engineer.

The city engineer shall be responsible for certifying to the planning commission and the city council that the proposed subdivision improvements are consistent with the regulations contained herein and shall be responsible further for the supervision and ultimate approval of all such improvements.

(d)    Planning commission.

The planning commission shall act as the “advisory agency” to the city council and is charged with the duty of making findings and recommendations on the design and improvement of proposed subdivisions requiring tentative maps and the conformance of such subdivisions with the general plan, specific plan or zoning ordinance and for recommending approval or disapproval of such subdivisions to the city council.

(e)    City council.

The city council has final jurisdiction in the approval of subdivision maps, the establishment of standards and public improvements resulting from the subdivision process.

(f)    Other public agencies.

Since the provision of certain public facilities and utilities are vested in special districts, agencies and/or public utility companies whose jurisdiction includes the City of Fairfield and contiguous surrounding area and whose services will be required in those areas which are subdivided under the regulations herein, all proposed subdivision maps shall be referred to such agencies for their information, action and written report if deemed necessary by the agency or agencies concerned. The secretary of the planning commission shall coordinate the dissemination of information regarding the proposed subdivision of land and the planning commission shall consider the written reports of the agencies and shall take into account their requirements in recommending approval, conditional approval, or disapproval of the proposed subdivision. Distribution may include the following agencies:

(1)    The county planning commission.

(2)    The county engineer.

(3)    The district engineer of the division of highways of the State of California.

(4)    The affected school district.

(5)    The reclamation board

(6)    The Corps of Engineers, U.S. Army

(7)    The Pacific Gas and Electric Company

(8)    The Pacific Telephone and Telegraph Company

(9)    Travis Air Force Base

The above list is not intended to be exclusive or to prevent that circulation of the proposed tentative map or parcel map and accompanying data to any other agency.

For the purpose of this ordinance, certain words and terms used herein are defined as follows:

(a)    Alley -"Alley” refers to a passage or way open to public travel affording a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

(b)    Arterial street - “Arterial street” refers to any street which serves as the principal network for accommodating traffic flow within the city. Arterial streets collect the flow of traffic from collector streets and minor streets serving various sectors of the city. Arterial streets are only those streets shown on the general plan.

(c)    Block - “Block” shall mean an area of land within a subdivision, which area is entirely bounded by streets, highways, waterways, open space lands, or the exterior boundary of the subdivision.

(d)    City council - “City council” means the city council of the City of Fairfield.

(e)    City engineer - “City engineer” is the city engineer of the City of Fairfield.

(f)    Collector street - “Collector street” is any street which serves as a link between arterial streets and local streets and has a right-of-way width of at least 60 feet.

(g)    Cul-de-sac - “Cul-de-sac” refers to a local street open at one end, which has a vehicular turn around at the opposite end.

(h)    Design - “Design” means all or any of the following: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the general plan.

(i)    Frontage road - “Frontage road” is a local street auxiliary to, and located adjacent to the side of an arterial street or highway for service to abutting property and for control of access.

(j)    General plan - “General plan” means the general plan of the City of Fairfield or the Cordelia area general plan.

(k)    Improvement - “Improvement” refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of a final map thereof. “Improvement” also refers to such other specific improvements or types of improvements, the installation of which, either by the subdivider by punllc agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan.

(i)    Intervening property - An “intervening property” is property located between the existing city utilities and public service facilities, and the property which is the subject of the subdivision request.

(m)    Local street - “Local street” is any street which provides for access to abutting property and for localized traffic movements within residential areas and has a right-of-way width of at least 50 feet.

(n)    Lot - “Lot” shall mean a parcel or portion of land separated from other parcels of land or portions by description as on a subdivision or record of survey map or by metes and bounds for the purpose of sale, lease or separate use.

(o)    Map, final - A “map, final” refers to a map prepared in accordance with this ordinance and the subdivision map act, which is designed to be placed on record with the Solano county recorder.

(p)    Map, tentative - A “map, tentative” shall mean any map for the purpose of showing the design of a proposed subdivision including existing conditions in and around it prepared as required by this ordinance and the provisions of the subdivision map act.

(q)    Manager - “Manager” shall mean the city manager of the City of Fairfield.

(r)    Off-site improvement - An “off-site improvement” is any public improvement installed in, over, under, or upon the public streets or rights-of-way outside of a development site and an on-site improvement.

(s)    On-site improvement - An “on-site improvement” is any public improvement installed in, over, under, or upon the public streets or rights-of-way within or on the perimeter of a subdivision.

(t)    Owner - “Owner” refers to any person or persons having proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this article.

(u)    Oversize facility - “Oversize facility” is any public facility with added capacity designed to serve other property outside the boundaries of the subdivision.

(v)    Planning commission - “Planning commission” shall mean the planning commission of the City of Fairfield and is the same as the advisory agency referred to in the Subdivision Map Act for the purposes of reviewing tentative maps.

(w)    Residual parcel - a “residual parcel” is any parcel of land within or abutting a subdivision and was originally part of the subdivided parcel.

(x)    Street, private - “Private street” shall be any way intended for vehicular traffic which is assigned a name for address purposes, but which is not owned or maintained by the city.

(y)    Street, public - A “public street” shall be any street affording the principal means of access to abutting property and dedicated to, or maintained by the city, county, state or federal government.

(z)    Secretary of the planning commission - “Secretary of the planning commission” means the director of planning and development for the City of Fairfield.

(aa)    Specific plan - “Specific plan” means the Cordelia area specific plan of the City of Fairfield.

(bb)    Standard subdivision improvements - “Standard subdivision improvements” shall mean those “standard details” and “standard specifications” as adopted by the city council of the City of Fairfield, and which shall govern the improvement of the public streets, highways, rights-of-way, and other public facilities to be constructed pursuant to this ordinance.

(cc)    Subdivider - “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.

(dd)    Subdivision - “Subdivision” means the division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in section 1350 of the civil code or a community apartment project, as defined in section 11004 of the business and professions code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

For the purpose of this ordinance, the term “subdivision” means both minor and major subdivision, defined as follows:

(1)    Minor subdivision: Any subdivision which meets the requirements of section 66426, subsections (a), (b), (c), and (d) of the subdivision map act.

(2)    Major subdivision: Any subdivision of land into five or more lots which is not a minor subdivision.

(ee)    Zoning ordinance - “Zoning ordinance” shall mean the zoning ordinance of the City of Fairfield and all applicable amendments thereto.

The owner of any land proposed to be subdivided as a minor subdivision map shall join with the subdivider of such land in the submission of an application for tentative parcel map approval.

The applicant for a minor subdivision shall file an application on a form prescribed by the city, together with the required number of copies of the tentative parcel map, with the department of planning and development of the city.

Prior to the submittal of an application for minor subdivision approval, the owner or subdivider shall have complied with the requirements of the city’s regulations and guidelines which implement the California Environmental Quality Act of 1970.

Such minor subdivision application shall be accompanied by a fee which shall be established by the city council.

The following information shall be shown on the tentative parcel map or contained in a supplemental document attached to the tentative parcel map.

(a)    The subdivision name, north arrow, scale and date. The subdivision name shall not duplicate or nearly duplicate the name of any other subdivision in the city.

(b)    A vicinity sketch shall be drawn on or accompany the tentative parcel map. The vicinity map shall show the location and boundary of the proposed tract and existing street pattern, and public facilities in the immediate vicinity.

(c)    The name and address of the record owner or owners.

(d)    The name and address of the subdivider.

(e)    The name and address of the person, firm or organization preparing the tentative map.

(f)    Location, name’s and existing width of adjacent roads, streets, highways or ways.

(g)    The outline of any existing buildings or structures and their locations in relation to existing or proposed street and lot lines.

(h)    The contours at five foot (5’) intervals for predominant ground slopes within the tract between zero percent and five percent and one foot (1’) contours for predominant ground slopes within the tract over five percent. Such contours shall be referred to the system of bench marks established by the city engineer.

(i)    The location of all existing trees within the boundaries of the subdivision which have a trunk diameter three inches or greater measured three feet from the ground.

(j)    The widths and approximate locations of all existing or proposed easements or rights-of-way, whether public or private, for roads, drainage, sewers, public utilities or flood control purposes.

(k)    Lot layout and dimensions of each lot.

(l)    Each lot shall be numbered.

(m)    Approximate location of areas subject to inundation or storm water overflow, of all areas covered by water, and the location, width and direction of flow of all watercourses.

(n)    Proposed building setback lines.

(o)    Status of any environmental impact report being prepared for the proposed subdivision.

(p)    All proposed cut and fill slope areas shall be evaluated as to the extent and degree. All cut and fill slopes shall be shaded on the tentative map.

Within four (4) work days after the filing of the completed application for minor subdivision, the department of planning and development shall transmit such map, together with accompanying data, to such public agencies and/or utilities as may be affected or concerned with the proposed subdivision. Each of the public agencies and/or utilities shall, within 14 days after the map has been sent to the agency and/or utility, forward to the director of planning and development written reports of its findings and recommendation thereon. Failure to comment within this time is presumed to mean that the public agency or utility has no comment.

The director of planning and development of the city shall be the advisory agency as defined in the subdivision map act, and shall have the authority to approve, conditionally approve, or disapprove parcel maps.

The director of planning and development, upon receipt of the written reports from all affected agencies, shall confer with the city engineer or his authorized representatives to determine whether the proposed division is in conformance with other city ordinances and standards.

The director of planning and development shall, in writing, approve, conditionally approve, or disapprove, the tentative parcel map in compliance with provisions of this ordinance and the Subdivision Map Act. In case there are requirements for dedication of a new street right-of-way which alignment has not previously been approved by the commission ·and council, the director of planning and development shall, prior to his action on the minor subdivision application, transmit the tentative parcel map to the planning commission requesting action on the proposed new street as to its need, alignment and/or design width. Based on its findings, the planning commission shall make a recommendation to the city council for approval, conditional approval, or disapproval of the proposed street pattern.

Approval may be conditioned upon the installation of public on-site and off-site improvements, dedication of rights-of-way, and easements all of which are necessary to insure provision of public services, and access to the property being divided.

In the event that the subdivider or other interested person is dissatisfied with the action of the director of planning and development concerning the proposed minor subdivision application, the person may appeal to the planning commission by filing a statement, in writing, with the director of planning and development describing the reasons for the appeal.

In the event the subdivider or other interested person is dissatisfied with the action of the planning commission concerning the appeal of the action of the director of planning and development, the person may appeal the planning commission’s decision to the city council. The appeal to the planning commission’s decision shall be in writing describing the reasons for the appeal.

The director of planning and development shall set a public hearing with the planning commission in accord with section 66451.3 of the subdivision map act.

(a)    Within 18 months after approval or conditional approval of the tentative parcel map of a subdivision, the subdivider may cause a parcel map to be prepared in accordance with the approved tentative map, the provisions of this section, and the subdivision map act. The subdivider shall submit the original and the required copies of the parcel map to the city engineer for approval and signature prior to the filing with the county recorder.

(b)    A parcel map shall be filed with and recorded by the county recorder prior to sale, lease or financing of any separate parcel shown on the tentative parcel map.

(c)    Upon application of the subdivider, prior to the expiration date of a parcel map, an extension of time not to exceed two years may be granted by the director of planning and development. In the event the director of planning and development denies a subdivider’s application for an extension of time, the subdivider may, within 15 days after such action, appeal the decision to the planning commission or city council in accord with provisions outlined in sec. 3.9 of this chapter.

(d)    The failure to record a parcel map within the period prescribed by this section shall void all previous approvals. Before a parcel map may thereafter be recorded, a new tentative parcel map shall be filed and approved or conditionally approved.

Upon approval of the tentative parcel map, the subdivider shall submit the required copies of improvement drawings, and a parcel map guarantee or current title report shall be submitted to the city engineer for examination along with any other materials that may be required to properly check the maps and drawings. The city engineer shall check the parcel map to insure that all requirements of the approved tentative parcel map, city standard specifications and other applicable city and state laws have been met.

The city engineer shall transmit one copy of the parcel map to the department of planning and development for their review to insure that the parcel map conforms to the approved tentative parcel map.

The city engineer shall notify the subdivider and his engineer or surveyor as to the conformance of the parcel map with the tentative parcel map approval and other applicable laws.

The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property 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. Certificates 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 18 x 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. 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)    Each parcel shall be numbered or otherwise designated.

(d)    The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated.

(e)    The map shall; show the location of each parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey, but only by reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more.

(f)    Subject to the provisions of section 66436 of the Subdivision Map Act, a certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final parcel map is required to be submitted to the city engineer prior to his approval of the final parcel map.

(g)    The title sheet shall contain the title “Parcel Map” and a subtitle giving a general description of the property being mapped by reference to a township plat of any United States survey, to a Rancho, to a previously recorded subdivision, or to other maps which have previously been recorded.

(h)    The map shall show the recording data, widths and the center line or side lines of all easements to which the lots are subject. If an easement is not definitely located of record, a statement of the easement must appear on the title sheet. Easements for storm drains, sewers, public utilities and other purposes shall be indicated by a dashed and/or dotted line of the same width as the lines denoting lot lines. Distances and bearings on the side lines of lots which are cut by an easement must be arrowed or shown so that the map will indicate clearly the actual lengths of the lot lines. The width of the easement and lengths and bearings of the lines thereof and sufficient ties thereto to locate the easement with respect to the parcels must be shown. The easements must be clearly labeled and identified and, if already of record, their recorded reference given. All notes or figures pertaining to the easement shall be considerably smaller and lighter than those relating to the subdivision itself. The name, center line, high bank and direction of flow of all natural drainage channels shall be shown by dotted lines.

(i)    Pursuant to the provisions of Section 66434.2 of the Subdivision Map Actyan additional sheet or separate document shall be added to parcel maps, when requested by the city engineer, to indicate additional surveyor map information including, but not limited to, building set back lines, flood hazard zones, seismic lines and setbacks, geologic, mapping, and archaeological sites, not contained within the body of the map. (Ord. No. 95-28, § 1.)

Certificates shall appear upon the parcel map for approval by the director of planning and development and city engineer, as well as any certificate required by section 66492 of the subdivision map act and any other certificate required by the subdivision map act. (Ord. No. 77-40, § 1; Ord. No. 78-18, § 1; Ord. No. 78-41, § 4.)

A parcel map shall be based upon a field survey made in conformity with the land surveyors act, unless it is specifically stated in the approval of the tentative parcel map that the map may be compiled from recorded or filed data. The following data shall appear on the parcel map:

(a)    Each parcel shall have sufficient monuments set by a registered engineer or licensed land surveyor to determine street or drainage channel right-of-way lines. Each line dividing a parcel shall have monuments set at all points of intersection of lines and the beginning and end of curves.

(b)    When the parcel map is based upon a field survey, the map shall show the basis of bearings, survey bearings and distances, areas of parcels, curve data, ties to one or more existing monuments of record, all monuments placed in making the survey and the stakes, monuments or other evidences found on the grounds to determine the boundaries of the area being mapped. If points were reset by ties, the fact shall be stated.

(c)    A parcel map shall show deed bearings and distances, adjusted bearings and distances, areas of all parcels, adjoining corners identified by recording data, names and/or section, township and range, or other proper designation.

(d)    A parcel map shall show the center line or monument line, if any, of a street or alley, and all existing monuments along the frontage of or in the immediate vicinity of the area being mapped. All parcel maps shall show city boundaries crossing or adjoining the subdivision clearly designated and tied in.

The parcel map shall tie to the California coordinate system, and the basis of bearing shall be shown.

If dedications or offers of dedication are required, they may be made either by certificate on the parcel map or by separate instrument. If dedications or offers of dedication are made by separate instrument, such dedications or offers of dedication shall be recorded concurrently with, or prior to, the parcel map being filed for record.

Such dedication or offers of dedication, whether by certificate pr separate instrument, shall be signed by the same parties and the same manner as set forth in section 66439 of the subdivision map act.

The city engineer may accept or reject dedications and offers of dedication that are made by certificate on the parcel map. (Ord. No. 78-41, 4.)

Upon approval of the parcel map by the city engineer and the signing of all certificates on the parcel map, the parcel map shall be transmitted to the county recorder for ultimate recording. The process for transmitting the parcel map from the engineer to the county recorder shall follow the procedures outlined in section 66464 of the subdivision map act.

Except where required by the subdivision map act, no parcel map need be filed or recorded whenever all of the following conditions exist:

(a)    The property is part of a subdivision previously approved by the city and recorded.

(b)    No dedications of street right-of-way or public improvements are required.

(c)    The total area involved in the subdivision contains no more than one-half acre of land.

This section does not preclude the requirement to submit a tentative parcel map for approval, conditional approval, or disapproval of a subdivision of property which meets the requirements of the preceding paragraph.

Prior to approval of an application for tentative map approval, the owner or subdivider shall have complied with the requirements of the city’s regulations which implement the California Environmental Quality Act of 1970. (Ord. No. 92-24, 2.)

The subdivider shall file with the department of planning and development, an application form complete with all information required by the director of planning and development. The time of filing of a tentative map shall be the time at which the same, together with required data, is received in the office of the director of planning and development. The date of filing shall be clearly indicated on all copies of the tentative map and accompanying data by the director of planning and development or member of his/her staff. (Ord. No. 92-24, 2.)

A filing fee shall be set by the city council for filing a tentative map. If additional tentative maps or requests covering the same tract and involving only minor revisions or amendments of the initial map are filed, a fee which is set by the city council will be required, however, for any new tentative map which has expired, or for any requested revision or amendment to a tentative map which the director of planning and development finds and determines will involve substantial time by city staff to process such request, the original fee for filing a tentative map will be required.

Within four (4) work days of deeming the application for the tentative map complete for processing, the secretary of the planning commission shall transmit the requested number of copies of such map together with accompanying data to such public agencies and/or utilities as may be affected or concerned with the proposed subdivision. Each of the public agencies and/or utilities may, within fourteen days after the map has been deemed as complete for processing, forward to the secretary of the planning commission written reports of its findings and recommendations thereon.

Failure to reply within the allotted time shall be interpreted to mean that the agency or utility has no comment to make. The city engineer shall prepare a written report of his recommendations on the tentative map in relation to the requirements of this ordinance and other applicable regulations of the city, or other public agencies and shall submit the same to the secretary of the planning commission within fourteen days of acceptance of said map as complete for processing. It shall be the responsibility of the secretary of the planning commission to synthesize and consolidate the recommendations received from the responding agencies into the staff report to the planning commission. The staff report shall be in writing. (Ord. No. 92-24, § 2.)

Prior to the planning commission’s consideration of an application for tentative subdivision map, the Development Action Review Team (DART) shall review the map. Its review shall include, but is not limited to, an assessment of the following:

(a)    The subdivision layout, including street alignments and lot configuration(s).

(b)    The relationship of the subdivision and proposed type of improvements with adjoining established neighborhoods or natural features.

(c)    Such other design elements of the subdivision or proposed improvements which have an impact on the subdivision design.

(d)    The proposed circulation, street improvements, right-of-way dedication utility easements, grading, drainage facilities, storm drain improvements, security, fire flow, emergency access, location of fire hydrants, water and sewer connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking and other State and local code requirements.

(e)    In accord with the City’s procedures for implementation of CEQA, undertake environmental review and make appropriate recommendations.

DART is responsible for requiring changes in any tentative map to ensure compliance with adopted codes, guidelines and standards. Comments from other agencies such as the school districts are also considered by DART. The information received at the DART meeting shall be sent in writing to the applicant. Upon conclusion of its review, the Development Action Review Team (DART) shall forward a recommendation to the planning commission to approve, conditionally approve, or deny the tentative subdivision based on findings of consistency with applicable development regulations, standards, and adopted design policy.

(Ord. No. 95-23, § 2.)

The Planning Commission shall hold a public hearing and act on a tentative, map application within the time limits prescribed in Section 66452.1 of the Subdivision Map Act. Notice thereof shall be given as provided in Section 25.39 of the Fairfield City Code. Any person interested in or affected by the proposed subdivision may be heard. (Ord. No. 92-24, § 2.)

In considering the proposed tentative map, the Planning Commission may approve, conditionally approve, or deny the application, and shall make such findings as are consistent with the Subdivision Map Act, this ordinance, the general plan, specific plan, or redevelopment plan. (Ord. No .92-24, § 2.)

The Planning Commission shall deny approval of a tentative subdivision map if it makes any of the following findings:

(a)    That the proposed map is not consistent with applicable general and specific plans.

(b)    That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

(c)    That the site is not physically suitable for the type of development.

(d)    That the site is not physically suitable for the proposed density of development.

(e)    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.

(f)    That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

(g)    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 shall determine whether the discharge of waste from the proposed subdivision into the existing community sewer system would result in violation of existing requirements prescribed by a California regional water quality control board pursuant to division 7 (commencing with section 1300) of the Water Code. In the event that the Planning Commission finds that the proposed waste discharge would result in or add to violation of requirements of such board, it may disapprove the tentative map or maps of the subdivision.

The action of the Planning Commission on a tentative subdivision map may be appealed to the city council in the manner prescribed in Section 25.34 of this chapter. (Ord. No. 92-24, 2.)

An approved or conditionally approved tentative map shall expire two (2) years after its approval or conditional approval. (Ord. No. 92-24, 2.)

Upon written application of the subdivider filed with the secretary of the planning commission prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by action of the Planning Commission in accordance with the terms and provisions of Section 66452 of the Subdivision Map Act.

(Ord. No. 92-24, 2.)

The original conditions of approval may be modified or changed by the Planning Commission at the time of approval of any extension of time. The Planning Commission shall not grant any extension beyond the time which could legally have been granted. (Ord. No. 92-24, 2.)

The Planning Commission shall deny approval of a request for extension if it determines any of the findings provided in sec. 5.6 (sec. 25.151) exist at the time of the request for extension because conditions in the area and/or policies of the city have changed since the time of original approval.

(Ord. No. 92-24, 2.)

The subdivider shall cause the tentative map of the land proposed to be subdivided to be prepared by a person competent in the preparation of such mFlPs, such as a registered civil engineer or licensed land surveyor or practicing land or city planner. A land surveyor or practicing land or city planner who prepares a tentative map shall be associated with a civil engineer who shall be responsible for providing the engineering information required to be submitted with a tentative map by this section.

The scale of the tentative map shall be not smaller than one inch (1 “) equals one hundred feet (100’).

The tentative map shall be clearly and legibly drawn. The dimensions of the map shall be twenty-four inches (24") by thirty-six inches (36").

The following information shall be shown on the tentative map or contained in a supplemental document attached to the tentative map.

(a)    The tract name, north arrow, scale and date. The tract name shall not duplicate or nearly duplicate the name of any other tract in the city.

(b)    A vicinity sketch shall be drawn on or accompany the tentative map. A vicinity map shall show the location and boundary of the proposed tract and existing street pattern, and public facilities in the immediate vicinity.

(c)    The name and address of the record owner or owners.

(d)    The name and address of the subdivider.

(e)    The name and address of the person, firm or organization preparing the tentative map.

(f)    Location, names, and existing width of adjacent roads, streets, highways, or ways.

(g)    Names of adjacent tracts and names of owners of adjacent unplotted land.

(h)    Acreage of subdivision and total number of lots.

(i)    Existing sewers, culverts, or other underground or above-ground public utilities or structures within the tract and immediately adjacent thereto with pipe size, grades and locations indicated.

(j)    The locations, names, width and curve radii of all roads, streets, highways and ways in the proposed new subdivision.

(k)    The outline of any existing buildings or structures and their locations in relation to existing or proposed street and lot lines.

(l)    The contours at five foot (5’) intervals for predominant ground slopes within the tract between zero percent and five percent and one foot (1’) contours for predominant ground slopes within the tract over five percent. Such contours shall be referred to the system of bench marks established by the city engineer.

(m)    The location of all existing trees within the boundaries of the subdivision which have a trunk diameter three inches or greater measured three feet from the ground.

(n)    The widths and approximate locations of all existing or proposed easements or rights-of-way, whether public or private, for roads, drainage, sewers, public utilities or flood control purposes.

(o)    Lot layout and dimensions of each lot.

(p)    Each lot shall be numbered.

(q)    Approximate location of areas subject to inundation or storm water overflow, of all areas covered by water, and the location, width and direction of flow of all watercourses.

(r)    Proposed storm drains and storm water disposal.

(s)    Proposed public areas and a statement of preference to submit a payment of fee in lieu of dedication.

(t)    Water system to be installed, including sources of water supply and outline of proposed system, including fire hydrant locations.

(u)    Method of sewage disposal.

(v)    The locations, names, widths, approximate proposed grades and gradients, typical cross section and details of curbs, gutters, sidewalks and other improvements of all streets and access easements shall be shown on or accompany the tentative map and shall be of such scale as to show clearly all details thereof.

(w)    An outline of any proposed deed restrictions or covenants.

(x)    Proposed building setback lines.

(y)    A statement of the present zoning and proposed use or uses of property, or proposed development regulations if the subdivision is a part of a planned unit development as well as proposed zoning changes.

(z)    Status of any environmental impact report being prepared for the proposed subdivision as of the date of filing the tentative map.

(aa)    All proposed cut and fill slope areas shall be evaluated as to the extent and degree. All cut and fill slopes shall be shaded on the tentative map.

(bb)    A statement that the subdivider will absorb any costs incurred by the city in respreading previous assessments on the property to be subdivided.

(cc)    Justification and reasons for any exceptions to provisions of this ordinance or to the provisions contained in previous planned unit development approval for the proposed subdivision.

(dd)    A geologic report prepared in accord with the alquist-priolo geologic hazard zoning act and the specific and detailed criteria of the state mining and geology board adopted pursuant to the geologic hazard zones act for those lands which lie within the special studies zones delineated by the state geologist.

(ee)    In some cases where it is determined by the director of planning and development, because of slope conditions, a preliminary grading plan may be required to be submitted with a tentative subdivision map application.

(ff)    Such additional information as may be required by the secretary of the planning commission.

The proposed name of each street shown on the tentative map shall be submitted to the commission for its approval.

It is realized that there are certain parcels of land of such dimension, subject to such title restrictions, so affected by physical conditions and/or devoted to such use that it is impossible for the subdivider to conform to all of the design standards contained in section VII (division 7) of this chapter (article).

The planning commission may grant exceptions from the aforementioned requirements, when all the following conditions are found to apply:

(a)    That any exception granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity.

(b)    That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict literal application of this ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity.

(c)    That under the circumstances of this particular case, the exception rather than the strict adherence to the requirements of this article, actually carries out the spirit and intent of this ordinance.

Within the period prescribed by law or action by the city council and subsequent to the date of expiration of approval or conditional approval of the tentative map, the subdivider may cause the subdivision or any part thereof, to be surveyed and a final map to be prepared by a registered civil engineer or licensed surveyor in conformance with the tentative map as approved or conditionally approved. Eleven (11) blue or black line prints of the final map and such other copies as may be required for checking, and approval shall be submitted to the city engineer.

At the time of submittal of the final map for checking and approval, a checking fee set by the city council shall be paid to the city’s engineering division.

The content and form of final maps shall be governed by the Subdivision Map Act.

At the time of submitting the final map to the city engineer for checking, the subdivider shall also submit therewith the following:

(a)    Traverse sheets: Traverse sheets in a form approved by the city engineer giving latitudes and departures and coordinates of the boundary of the subdivision and blocks and lots therein. Closures shall be within one foot to ten thousand feet.

(b)    Improvement plans: Three (3) copies of the subdivision construction plans shall be submitted to the city engineer, and of all other improvements proposed to be installed by the subdivider in, or over, or under any street right-of-way easement or parcel of land dedicated by the map or previously dedicated, including the estimated cost hereof. All such plans shall be prepared in accordance with the requirements of the city engineer. Sheets shall be twenty-four inches (24") by thirty-six inches (36") with a two inch (2") left margin and a plan and profile drawn to a scale of one inch (1") equaling forty feet (40’). Details shall be shown at approximate scale.

(c)    Design data: Design data, assumptions and computation for proper analysis shall be in accordance with sound engineering practice.

(d)    Lot area computations: The subdivider shall furnish data to the department of planning and development indicating the area of each lot which is not rectangular in shape in the subdivision.

(e)    Guaranty of title: The subdivider shall furnish to the city council a guaranty of title or letter from a competent title company, certifying that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided and all acknowledgments thereto appear on the proper certificates and are correctly shown on said map.

(f)    Improvement agreement: In the event drainage structures, grading, paving or other required improvements have not been completed prior to presentation of the final map, the subdivider shall file an agreement for the improvement as herein required and as may be further required by the city engineer, and the city council, and shall secure the performance thereof by a good and sufficient surety bond as outlined in sec. 6.12 (sec. 25.166.4) of this article (chapter).

(g)    Preliminary soils report: A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings shall be submitted to the city engineer for every subdivision. The preliminary soils report may also contain a seismic study if the city engineer determines or the tentative map approval requires such study be conducted.

A preliminary soils report may be waived by the city engineer providing the city engineer finds that due to the knowledge of the public works department of the City of Fairfield has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary.

If the public works department of the City of Fairfield has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of any or all of the lots in the subdivision may be required by the city engineer. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

The city council may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(h)    Agreement and bond: The agreement and bonds as specified in this ordinance.

(i)    Deed restrictions: One copy of the deed restrictions shall be submitted to the department of planning and development.

(j)    Owner certificate: A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map is required, except for those parties expressly exempted by section 66436 of the Map Act.

(k)    Any other information required by tentative map approval to be submitted with the final map.

Before approval is given the final map, the subdivider shall deposit with the city in cash the costs of inspections to be made by the city. The amount of money deposited shall be set by the city council based upon the total estimated cost of public improvements to be made within the subdivision, as determined by the city engineer.

The following city officials shall take action as indicated within twenty (20) days after filing all required materials:

(a)    Approval by city engineer: The city engineer shall examine the final map and accessory data submitted and upon determination that the subdivision as shown meets the requirements of the approved tentative map, the subdivision map act, and the provisions of this ordinance and is technically correct shall transmit such map and accompanying documents to the city council for approval.

If the city engineer shall determine that full conformity has not been made, the city engineer 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.

The subdivider may appeal the decision of the city engineer to the planning commission. The procedures for appeal shall be in accord with sections 66452.5 and 66451.3 of the subdivision map act. In the event the subdivider is not satisfied with the determination of the planning commission of the appeal, the subdivider may appeal the decision of the planning commission to the city council.

When the city engineer determines that full conformity therewith has been made, he shall transmit the final map to the city council.

(b)    Approval by director of planning and development: The director of planning and development, upon receipt of a print of the final map from the city engineer, shall examine said map for conformity and if it complies with the approved tentative map, shall recommend approval of said map to the city engineer.

(c)    Approval by city attorney: The city attorney shall examine the guaranty of title, offers of dedication and names of persons necessary to pass clear title to the property, and shall advise the city manager. If such documents are not current, he shall advise the subdivider.

Prior to the approval by the city council of the final map, the subdivider shall execute and file an agreement between himself and the city, specifying the period within which he shall complete all improvement work at the satisfaction of the city engineer, and providing that if he 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 city engineer. Such agreement may also provide:

(a)    For the construction of the improvements in units.

(b)    For extension of time under conditions therein specified.

(c)    For progress payments to the subdivider or his order from any deposit money which the subdivider may have made in lieu of providing a surety bond, as provided by the next succeeding section; providing, however, that no such progress payment shall be made for more than ninety percent of the value of any installment of work and provided that each such installment of work shall be completed to the satisfaction of the city engineer.

(d)    For the financing and construction of any or all of such improvements under appropriate special assessment act proceedings, within such time as may be prescribed by the city council.

All utilities and public services facilities which may be the subject of the above agreement will be maintained by the developer for a period of one year after the acceptance of these facilities by the city council. The repair and correction of any defects or deficiencies due to workmanship or materials which are discovered within one (1) year from date of acceptance by the city.

The subdivider shall also file with the improvement agreement, a faithful performance bond in an amount deemed sufficient by the city engineer to cover the cost of the improvements. An additional bond in an amount required by law to secure payment to the contractor, subcontractors and to persons furnishing labor and materials or equipment shall also be required. Such bonds shall be executed by a surety company authorized to transact a surety business in this state and must be satisfactory to and be approved by the city attorney as to form. In lieu of the surety bonds, the subdivider may deposit with the city clerk an amount fixed, as aforesaid, by the city engineer, or an instrument of credit from an approved financial institution.

After approval is given by the city engineer, a final map conforming to the approved or conditionally approved tentative map and other required documents may be filed with the city council for approval after all required certificates on such map have been signed. The city council shall approve the map if it conforms to all requirements of the subdivision map act and this chapter applicable at the time of approval or conditional approval of the tentative map, or if it does not so conform, disapprove the map.

The city clerk upon approval by the council of the final map, shall certify on the map the action by the city council. The city clerk shall transmit the final map to the county recorder in accord with the procedures outlined in section 66464 of the subdivision map act.

The subdivider shall present to the county recorder evidence that, at the time of the filing of the final map in the office of the county recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by this division as shown by the records in the office of the recorder; otherwise, the map shall not be filed.

Immediately subsequent to the recordation of the final map, the subdivider thereof shall furnish, at his own expense, copies of the final map and affidavit sheet as follows:

(a)    To the department of public works, one duplicate tracing on cloth or mylar with all recording data thereon.

(b)    To the department of planning and development, one 8-1/2 x 11” mylar reduction of the final map.

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 to complete same, or if the subdivider shall fail to reimburse the city for the costs of inspection, engineering, fees, and incidental expenses, the city shall call on the surety for reimbursement. In any case, if the amount of surety bond or cash deposit shall exceed all costs and expenses incurred by the city, it shall release the remainder of such bond or cash deposit, and if the amount of the surety bond or cash deposit shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference.

(a)    Except as otherwise provided in this section, no extension of time, progress payments from cash deposits, or a release of a surety bond or cash deposit shall be made except upon certification by the City Engineer that work covered thereby has been satisfactorily completed, and upon approval of the City Council. (Ord. 2006-15, eff. 10/5/06)

(b)    Notwithstanding the foregoing, a partial release of a surety bond or cash deposit may be made upon the approval of the City Manager. The City Manager shall also have the authority to take whatever actions are necessary and proper to facilitate the partial release of the surety bond or cash deposit, including but not limited to responding to written demands for releases and reviewing and approving cost estimates. The City Manager may delegate the authority to carry out any or all of these functions. (Ord. 2006-15, eff. 10/5/06)

(c)    At any time, the City Council may pass a resolution that authorizes another City official, employee or consultant to perform the functions described above and/or revokes the authority of the City Manager or his or her designee to perform these functions. (Ord. 2006-15, eff. 10/5/06)

The final map shall be prepared by or under the direction of a registered civil engineer 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. 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 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. 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 thereon shall be shown, including bearings and distances of straight lines, and radii, and are length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

(d)    Each parcel shall be numbered and each block may be’ numbered or lettered. Each street shall be named.

(e)    The 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.

(f)    When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report.

The title of each sheet of the final map shall consist of the approved name and unit number of the tract, conspicuously placed on the sheet, followed by the words, “City of Fairfield”.

Maps filed for the purpose of showing as acreage land previously subdivided into parcels or lots or blocks shall be conspicuously designated with an appropriate approved title.

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 certificates, acknowledgments and descriptions shall appear on the title sheet of the final maps. Such certificates may be combined where appropriate.

Prior to the filing of the final map with the city council, the subdivider shall file the certificates and documents set forth in the subdivision map act, or any amendments thereto, relating to taxes and assessments.

(a)    Certificate by parties holding title: A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the map, provided, however, that the signatures of parties owning the types of interest in the real property being subdivided which are enumerated in section 66436 of the subdivision map act may be omitted from the final map.

(b)    Dedication certificate: A certificate signed and acknowledged as above offering for dedication all parcels of land shown on the final map and intended for any public use, except those parcels other than streets which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants.

(c)    Engineer’s certificate:yA certificate by the engineer or surveyor responsible for the survey and final map is required. His certificate shall give the date of the survey, state that the survey and final map were made by him or under his direction, and that the survey is true and complete as shown.

The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

(d)    Certificate for execution: Certificates for execution by each of the following:

(1)    Secretary of the planning commission.

(2)    City engineer.

(3)    City clerk.

(4)    County recorder.

(e)    Certificate restricting traffic if required: A certificate prohibiting trafficyover the right-of-way lines of a major street, highway, parkway oryfreeway, when and if the same is required.

(f)    Notation of soils report: When a soils report has been prepared, this fact shall be noted on the final map together with the date of the report and the name of the engineer making the report.

(g)    Certificate regarding tax lien: The title sheet shall contain a certificate for execution by the county assessor showing that according to the records of his office, there are no liens against the subdivision or any part thereof for unpaid state, county, municipal or local taxes or special assessments not yet payable.

(h)    Other affidavits, etc.: The title sheet shall contain such other affidavits, certificates, acknowledgements, endorsements, and notarial seals as are required by law and by this chapter.

Basis of bearings shall be California zone II as specified in section 8771.5 of the land surveyor’s act.

An accurate and complete boundary survey shall be made of the land to be subdivided. A traverse of the exterior boundaries of the tract, and of each block, when computed from field measurements on the ground, must close within a limit of one to ten thousand (1:10,000) feet of perimeter. The boundary of the subdivision shall be indicated on the final map as required by the subdivision’ map act. All lines shown on the map which do not constitute a part of the subdivision, shall be phantom labeled “not part of this subdivision”.

The final map shall show 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 thereon, including bearings and distances of straight lines, and radii and are lengths for all curves, and such information as may be necessary to determine the location of the centers of curves.

All lots and blocks and all parcels offered for dedication for any purpose shall be particularly delineated and designated with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication other than for streets or easements shall be designated by letter. Sufficient linear, angular, and curve data shall be shown to determine readily the bearing and length of the boundary lines of every block, lot and parcel which is a part thereof. All lots and, wherever practicable, blocks in their entirety shall be shown on one sheet. No ditto marks shall be used for lot dimensions. Lot numbers shall begin with the numeral “1” and continue consecutively throughout the tract, with no omissions or duplications. Each unit of a subdivision shall be numbered separately.

The map shall show the right-of-way lines of each street, and the width of any portion being dedicated, and widths of any existing dedications. The widths and locations of adjacent streets and other public properties within fifty feet (50’) of the subdivision shall be shown. If any street in the subdivision is a continuation of an existing street, the conformity or the amount of nonconformity of such street to such existing street shall be accurately shown. Whenever the center line of a street has been established or recorded, the data shall be shown on the final map.

The side lines of all easements shall be shown by fine dashed and/or dotted lines. If any easement already of record cannot be definitely located, a statement of the existence, the nature thereof and its recorded reference must appear on the title sheet. Distances and bearings on the side lines of lots which are cut by an easement must be arrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties thereto to definitely locate the same with respect to the subdivision must be shown. All easements must be clearly labeled and identified. If an easement shown on the map is already of record, its recorded reference must be given. If an easement is being dedicated by the map, it shall be set out in the owner’s certificate of dedication.

The map shall show approved building setback lines on all streets by long, thin dash lines.

The map shall contain a statement about any lot or lots within the subdivision being subject to inundation.

At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in section 9881 of the business and professions code so that another engineer or surveyor may readily retrace the survey.

The final map shall show fully and clearly what stakes, monuments, or other evidence to determine the boundaries of the subdivision were found on the ground and each adjacent corner of each adjoining subdivision or portion thereof, by lot and block numbers, tract name or number, and place of record, or by section, township and range, or other proper designation. The following required monuments shall be shown on the final map.

(a)    The location of all monuments placed in making the survey, and if any points were reset by ties, that fact shall be stated.

(b)    Concrete monuments depressed below street grade with cast iron ring and cover of a type approved by the city engineer shall be set at intersections of street center line tangents or offsets therefrom. The exact location of all such monuments shall be shown on the final map before approval is requested.

(c)    Any monument or benchmark as required by this ordinance, that is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider.

(d)    All monuments necessary to establish the exterior boundaries of the subdivision shall be set or referenced prior to recordation of the final map.

(e)    All monuments other than those necessary to establish the exterior boundaries of the subdivision may be set after acceptance of the final map by the city council, as recommended by the city engineer and approved by the city council.

The map shall show a tree planting easement, eight feet (8’) in width along the street frontages of each lot.

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

Pursuant to the provisions of Section 66434.2 of the Subdivision Map Act an additional sheet or separate document shall be added to final maps, when requested by the city engineer, to indicate additional surveyor map information including, but not limited to, building set back lines, flood hazard zones, seismic lines and setbacks, geologic, mapping, and archaeological sites, not contained within the body of the map. (Ord. No. 95-29, § 1.)

Except where modified by the planning commission or city council, as provided by this ordinance, all subdivisions of land, shall be in conformity with the standards as set forth or referred to in this article.

All improvements shall be installed in accordance with specification and standards of design of the City of Fairfield standard specifications, August 1974, except as hereafter modified by resolution of the city council. Copies of said standard specifications are available to the public in the office of the city engineer and are hereby adopted and made a part hereof, the same as if fully set forth in this ordinance.

Subdividers shall be required to furnish a faithful performance bond and additional bonds described in sec. 6.8 (sec. 25.166) of this article to secure the installation of, and/or pay for extending the prescribed utilities and public works improvements and facilities at the time a final subdivision map, parcel map, record of survey of a division of land, or building permit application is filed with and accepted by the city according to an estimate of the work approved by the city engineer.

Whenever extraordinary conditions or circumstances are encountered in the development of property which are not provided for by the terms of this ordinance, the cost proration of the same, if any, shall be stipulated and included with other commitment in the subdivision or development agreement entered into between the city and the developer.

Whenever it can be shown that any land has previously borne or contributed to the cost of the required facilities set forth herein, a credit will be allowed by the city as an off-set to the charges made thereon. Lands which are or have been developed for urban use shall be considered developed for off-set credit purposes. Such parcels shall be given full credit in accordance with its use at the time of original development against the charge established pursuant hereto for the present proposed use.

The developer shall grant without cost to the city all required dedications, easements, and rights-of-way necessary to serve the proprety of the developer and for the installation of streets, utilities and public facilities.

All subdivisions shall result in the creation of lots which are developable and capable of being built upon and meet all requirements of the zoning ordinance. No subdivision shall create lots which are impractical of improvement due to steepness of terrain, location of watercourses, or other natural conditions.

All lots or parcels created by the subdivision of land shall have access to a public street. Private streets shall not normally be permitted. However, if it is determined that the most logical development of the land requires that lots be created which cannot feasibly be served by a public street, a private street may be approved. The subdivider shall submit a development plan showing the alignment, width, grade and material specifications of any proposed private street, the topography and means and access to each lot, and drainage of the subdivision. Construction of the private street as approved by the city engineer shall be completed prior to completion of construction and/or occupancy on the lots.

The subdivision design shall conform to the pattern of thoroughfares designated in the general plan or specific plan, and to any future street rights-of-way designated by the planning commission and approved by the city council. Whenever a subdivision embraces or is adjacent to any thoroughfare so designated, any part of such thoroughfare included in the tract shall be platted by the subdivider in the location indicated.

Where higher standards have not been established, all streets and thoroughfares shall be platted according to the following minimum standards except where it can be shown by the subdivider, to the satisfaction of the planning commission and city council, that the topography or the small number of lots served and the probable future traffic development are such as to unquestionably justify a narrower width. Increased widths may be required where streets are to serve commercial property or where probable traffic conditions warrant such.

Where the city street system calls for wider pavement (width in excess of one travel lane and one parking lane on each side of the street), except in the case of frontage roads, the city shall bear the cost of paving any extra width required. All streets shall be equipped with paving, curbing, sidewalks, name signs, lighting fixtures, shade trees and parkway improvements as required by this section, with exceptions as indicated therein.

(1)    Pavement width may vary, depending on design of development served.

(2)    Transit Lane; on-street parking to be prohibited.

Frontage roads shall be dedicated and improved by the developer at his expense to the full width.

The developer shall install street improvements on any abutting county roads and state highways in like manner, and on the same basis, as major city streets; provided, however, that in the case of non-access roads and highways, the developer shall provide curb, gutter and sidewalk where required by the city.

The street pattern in all subdivisions shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood or district. The following principles shall be observed.

(a)    Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned, or platted street with which they are to connect. The center lines of streets not in alignment shall be offset at least two hundred feet.

(b)    Proposed streets shall be extended to the boundary lines of the land to be subdivided, unless, in the opinion of the commission, such extension is not necessary for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.

(c)    Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit.

(d)    Excessively long, straight residential streets, conducive to high speed traffic, shall be prohibited.

(e)    The use of cul-de-sac streets is encouraged in neighborhood areas. Generally, a cul-de-sac should not be longer than 400 feet. Loop streets should be used in place of cul-de-sacs in cases where a cul-de-sac street exceeds 400 feet in length.

(f)    The intersection radius at property line for residential streets shall be 20 feet. Where a residential street intersects with a collector street, or a collector street intersects with a collector street, the property line radius shall be 30 feet. Where a collector street intersects an arterial street, the property line radius shall be 40 feet.

Subdivision design adjacent to thoroughfares shall be as specified in the general plan or specific plan. The following principles and standards shall also be observed:

(a)    Street design shall have the purpose of making adjacent lots, if for residential use, desirable for such use by cushioning the impact of heavy traffic, and of minimizing the interference with traffic on such thoroughfares.

(b)    The number of intersecting streets along thoroughfares shall be held to a minimum. Wherever practicable, such intersections shall be spaced not less than six hundred feet apart.

(c)    Frontage roads, if required, shall be separated from the thoroughfare by a strip of permanent landscaping, subject to approval by the city, of not less than five feet in width.

(d)    Where frontage roads are not required, residential lots adjacent to the thoroughfare normally will be required to be served by a minor street paralleling the thoroughfare at a generous lot depth therefrom, or by a series of cul-de-sacs or loop streets extending toward the thoroughfares. In such cases, a wall or fence of a design approved by the city shall be required within the right-of-way at the rear or properties adjacent to the thoroughfare. A strip of permanent landscaping not less than five feet in width, subject to approval of the commission, may be required adjacent to the wall or fence, facing the thoroughfare.

(e)    When the rear of any lot borders any thoroughfare, the subdivider shall be required to relinquish the right of ingress and egress from the thoroughfare to the lot.

The city council, in the case of major subdivisions, or the director of planning and development, in the case of minor subdivisions, may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access.

The following principles and standards shall apply to the design and installation of curbs, sidewalks and pedestrian ways:

(a)    Sidewalks shall be required on both sides of the street in any subdivision or portion thereof.

(b)    The requirement for sidewalks may be omitted, at the discretion of the planning commission, and city council, in a subdivision or section thereof in which all single family lots have an area of one-half acre or more.

(c)    When required for access to schools, playgrounds, shopping centers, transportation facilities, other community facilities, or for unusually long blocks, the planning commission may require pedestrian ways not less than ten feet in width to such facility.

Bike trails may be required by the city along certain streets within a subdivision. If a street is designated to accommodate a bike trail, additional right-of-way shall be provided.

In the case where existing land or portion thereof has an average slope of not less than eight percent, the planning commission in the exercise of its discretion, may modify the foregoing requirements of this section in a manner that will result in the best possible utilization of the land to be subdivided while giving consideration to the intent of this article. The following principles and standards shall be observed.

(a)    The basis for requirements for street and roadway widths and design shall be the topography of the land and the density of development in terms of the proposed number of dwellings to be served by the street or roadway.

(b)    Street grades for minor residential streets may be increased above the maximum allowable grade on approval by the city engineer.

(c)    The dedicated width of any two-way street may be reduced to 40 feet, with a minimum pavement width of 26 feet.

The subdivider or developer shall be required to furnish and install all fences along lot lines of houses within any development abutting an existing or future (a) major city street, expressway, parkway, thoroughfare and/or railroad right-of-way; (b) commercial areas and/or subdivision entranceway; (c) proposed or existing ditch and/or natural channel, and (d) hazard creating a public nuisance. Said fence shall be constructed according to standards established by the city’s architectural approval committee.

The subdivider or developer shall deposit with the city, a fee established by resolution of the city council to provide for the planting of street trees. One tree shall be provided for each interior lot under seventy-five (75) feet in width and three (3) trees shall be provided for each corner lot. For lots which have a frontage larger than seventy-five (75) feet, one tree shall be provided for each seventy-five (75) feet of street frontage or portion thereof. The total number of trees required shall be determined by the park division of the department of public works. The trees will be planted by the city at the time it is determined by the city park superintendent to be best for planting.

(a)    All electrical power and communication lines, wires, and conduits or similar or associated electrical materials or devices shall be placed underground pursuant to the regulations contained in ordinance 68-6 and any amendment thereto.

(b)    Public utility and drainage easements shall be placed as required by the utility company and city engineer along the front, sides and rear of all lots where necessary.

Under normal circumstances, utility facilities which are to be placed underground shall be located within the street right-of-way, provided that upon the mutual agreement of the city engineer, subdivider and utilities concerned, such facilities may be located in easements within the front yard or along the side lot line or rear lot line.

Blocks shall not normally exceed 800 feet in length between street lines, except in hillside development and/or where subdivisions containing parcels of one-half acre or larger justify or require a variation from this requirement.

The size, shape and orientation of lots shall be appropriate to the location of the proposed subdivision and to the type of development contemplated. The following principles and standards shall be observed.

(a)    The minimum area and dimensions of all lots shall conform to the requirements of the zoning ordinance for the district in which the subdivision is located.

(b)    In all rectangular lots, and so far as possible in all other lots, the side line shall be at right angles to the street on which the lot faces, or radial, if the street is located on a curve.

(c)    Every lot shall abut on a street unless otherwise permitted.

(d)    Panhandle lots, or “stovepipe” lots may be permitted where it is desired to subdivide a parcel of land which, because of its configuration, shape, or location, does not permit the creation of lots with the minimum frontage as prescribed by this chapter, or other city regulations, there may be created a panhandle lot. Such lot or lots shall consist of a strip of land or panhandle which meets the driveway standards as required by the zoning ordinance. Such panhandle shall not be longer than 250 feet. At the point where the panhandle terminates, the min mum dimensions of the lot shall otherwise conform to city regulations.

(e)    No lot shall have a depth of less than one hundred feet. Where the rear of a lot is adjacent to a playground, shopping center, industrial tract, or other similar nonresidential use, or to the right-of-way of a freeway, railroad or thoroughfare, the depth shall be increased to a minimum of one hundred and twenty feet (120’).

(f)    No remnants of property shall be left in the subdivision which do not conform to lot requirements, or are not required for a private or public utility purpose.

Repealed. Ord. No. 95-14, § 4.

As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the Fairfield-Suisun Unified School District or Travis Unified School District shall dedicate to the school district such lands as the city council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

Elementary school sites shall be located in accord with the following criteria:

(a)    The principles and standards expressed in the general plan or specific plan.

(b)    Elementary school sites shall be central to the population to be served and shall not be located as a major thoroughfare.

(c)    Whenever possible, elementary school sites shall be located adjacent to a neighborhood park site. 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 affected 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 anytime before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

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

(1)    The total cost of any improvements to the dedicated land since acquisition by the subdivider.

(2)    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.

(3)    Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative map.

Bridges of primary benefit to a developer as determined by the city council shall be constructed at the full expense of the developer without reimbursement from the city. The sharing of expense between the city and developer for the construction of bridges which are not of primary benefit to developer shall be as set forth in chapter 25, article III of the Fairfield city code.

The developer shall provide drainage and sewer facilities in accord with chapter 16 of the Fairfield city code.

Whenever it is deemed necessary by the city to defer the construction of any improvement required herein because of incompatible grades, future planning or for other reasons, the property developer shall pay his share of the costs of the future improvements to the city, or the developer may post a bond, insuring completion of said improvements upon demand of the city. The city shall refund any funds so paid if not used for their intended purpose, and refund shall be made when the city determines said funds shall not be so used.

The developer shall be required to pay all costs for all temporary improvements and shall be required to maintain the same, except as may be provided by this ordinance. Prior to the construction of any temporary facility, the developer shall file with the city a suitable bond, which bond shall insure that the temporary facilities will be properly constructed, maintained and removed.

(a)    Water facilities shall be furnished and installed by the developer according to section XI of the standard specifications. The developer is required to pay for meter and box installation performed by the city. The city, at its option, may elect to install the service line and charge the developer a fee for the installation of the service line in accord with the fee schedule adopted by the city council for such work.

(b)    Sewer facilities shall be furnished and installed by the developer according to the standard specifications.

(c)    The developer shall show evidence to the city that arrangements have been made with Pacific Gas and Electric Company for electric and gas facilities, services and meters. All power facilities shall be installed underground unless otherwise permitted by ordinance 68-6 and any subsequent amendments.

(d)    The developer shall show evidence to the city that arrangements have been made with the Pacific Telephone Company for telephone facilities and service. All telephone facilities shall be installed underground unless otherwise permitted by the city council.

(e)    The developer shall show evidence to the city that arrangements have been made for cable television facilities and services with all cable television systems serving the development pursuant to a cable television franchise granted by the city. All cable television facilities shall be installed underground unless otherwise permitted by the city council. (Ord. No. 92-11, § 2.)

The developer shall, concurrently with the development of any lands, construct all required public works facilities and pay all fees and charges set forth herein for any residual parcel created by the development of said lands.

Whenever any property or parcel of land, not under development, is directly benefited by the installation of any of the required facilities, utilities or public works improvements, the city may advance the costs of same and defer the collection of such charges until such time as said property is developed. Said charges shall be satisfied before any subdivision, record of survey of a division of land, building permit or service connection for such property is granted or accepted by the city.

Engineering diagrams showing property benefited will be furnished the building division and the finance department of the city, showing amounts of deferred charges.

If for any reason, the city is not in a position to advance the costs of the required rightof-way, facilities, utilities and/or public works improvements for intervening properties or parcels of land, the developer shall advance said costs for which the city will enter into a reimbursement agreement by the city of the charges prescribed. The reimbursement process is stated in Chapter 6B of this Code. (Ord. No. 94-20, § 4.)

Wherever existing facilities, utilities or other public works improvements have been installed without cost to a property, the developer of such property must pay to the city the charges as set forth by resolution of the city council.

Before any building permit shall be issued, or service connection made, a certificate shall be obtained from the city showing that the liability said property has for all facilities and/or improvements has been satisfied.

Every subdivision approved pursuant to this article shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property.

Subdivided property may be reverted to acreage pursuant to provisions of this article.

Proceedings to revert subdivided property to acreage maybe initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the director of planning and development. The petition shall contain the information required by section 9.4 [section 25.166.69] and such other information as required by the director of planning and development.

The city council at the request of any person or on its own motion may by minute order initiate proceedings to revert property to acreage. The director of planning and development shall obtain the necessary information to initiate and conduct the proceedings.

Petitioners shall file the following:

(a)    Evidence of title to the real property; and

(b)    Evidence of the consent of all of the owners of an interest(s) in the property; or

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

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

(e)    A tentative map in the form prescribed by section V of this article; or

(f)    A final map in the form prescribed by section VI [division 6] of this article which delineates dedications which will not be vacated and dedications required as a condition to reversion.

Petitions to revert property to acreage shall be accompanied by a fee which shall be set by resolution of the city council.

A public hearing shall be held before the city council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in section 66451.3 of the government code. The director of planning and development may give such other notice that it deems necessary or advisable.

The city council may approve a reversion to acreage only if it finds and records in writing 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; and

(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 later; or

(3)    No lots shown on the final or parcel map were filed for record.

The city council may require as conditions of the reversion:

(1)    The owners dedicate or offer to dedicate streets or easements.

(2)    The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this article.

Except as provided in section 8.6 [section 25.166.72], upon filing of the final map for reversion of acreage with the county recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the city council.

After the hearing before the city council and approval of the reversion, the final map shall be delivered to the county recorder.

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

A parcel map may be processed and filed in accord with provisions of this article for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map. (Ord. No. 77-2, § 2.)

Any deed of conveyance, sale or contract to sell made contrary to the provisions of this chapter is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his assignee, heir or devisee.

No permits shall be issued for the construction of or alterations to any building or structure located or to be located on land which is subdivided in violation of the provisions of the subdivision map act or this chapter until such time as the subdivision map act and this chapter are complied with.

It shall be unlawful to improve or develop property with lower standards than those prescribed or established herein or lower than those established pursuant hereto.

Any person, firm or corporation who shall violate any of the provisions of this ordinance [chapter], or any regulation or rule passed in accordance therewith shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the city jail for a period of not more than six (6) months, or by both such fine and imprisonment.

If any section, subsection, sentence, clause or phrase of this ordinance [chapter] or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance or the application of such provisions to other persons or circumstances. The city council hereby declares that it would have passed this ordinance [chapter] or any section, subsection, sentence, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared to be unconstitutional.

This ordinance [chapter] shall supersede ordinance 61-21 and all subsequent amendments to that ordinance, and any portion of any resolution or ordinance in conflict therewith to the extent of such conflict and no more.

There may be required the payment of fees for the purpose of defraying the cost of constructing bridges or major thoroughfares in accordance with the conditions set forth in chapter 4, article 5, of the subdivision map act.

(a)    Facilities to be constructed shall conform to the general plan and for bridges to the transportation, circulation or flood control provisions thereof which identify railways, freeways, or streams for which bridge crossings are required, and in the case of major thoroughfares, to the provisions of the circulation element which identifies those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.

(b)    Major thoroughfares to be constructed shall be those that are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time the boundaries of the area of benefit are established.

(c)    Bridges to be constructed shall be an original bridge serving the area or an addition to any existing bridge facility serving the area at the time the boundaries of the area of benefit are established. No fees shall be collected or expended to reimburse the cost of constructing existing bridge facilities.

(d)    In establishing the property liable for payment of fees under this section, there may be included in the area of benefit land in addition to that which may be the subject of any subdivision map or building permit application being considered concurrently with the proceedings to create a benefiting district.

(e)    In determining the method of fee apportionment for major thoroughfares, land which abuts the proposed improvement shall not be allocated higher fees than land not abutting the improvement unless the abutting property is provided direct useable access to the major thoroughfare.

Whenever the council deems it necessary to form a district representing an area of benefit under the provisions of this article, the council shall by resolution declare its intention to form such a district to establish fees for the construction of bridges or major thoroughfares. The resolution of intention shall state the following:

(a)    The time and place of the public hearing.

(b)    The boundaries of the area of benefit.

(c)    The description of the proposed improvements.

(d)    The estimated cost of the construction of the proposed improvements, including right-of-way design and contract administration.

(e)    The estimated advance or contribution of funds by city.

(f)    The method of fee apportionment.

(g)    The estimated fee which will be established as a condition of approval of final subdivision maps or for issuance of building permits.

(h)    The method of time for filing of protests.

Notice of hearing shall be given by publishing a copy of the resolution of intention once at least ten (10) days prior to the time fixed for the hearing in a newspaper of general circulation. Such notice shall also be given by mailing a copy of said resolution of intention at least fifteen (15) days before the time fixed for the hearing to each owner of land within the proposed improvement district as shown on the last equalized county assessment roll.

At the time and place fixed in the resolution of intention, the council shall hear any owner liable for the payment of fees who may appear and present testimony material to the matters set forth in the resolution of intention. Also, the council shall hear and pass upon all written protests filed by the owners of land within the proposed improvement district. Written protests must be filed with the city clerk prior to the time of the hearing and must contain a description of the property in which each signer thereof is interested. Each description must be in sufficient detail to clearly identify the same. If the signers of the protests are not shown on the last equalized assessment role as the owners of such property, the protest must contain or be accompanied by written evidence that such signers are the owners of such property. The hearing may be continued from time to time by the council.

(a)    If, within the time when a protest may be filed under the provisions of this section, there is a written protest filed with the city clerk by the owners of more than one-half of the area of the property to be benefited by the improvements, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned and the council shall not for one (1) year from the filing of that written protest commence or carry on any proceedings for the same improvements or acquisition under the provisions Of this section.

Protests may be withdrawn by the owner making the same, in writing, at anytime prior to the conclusion of the public hearing.

(b)    If any majority protest is directed against only a portion of the improvements, then all further proceedings under the provisions of this section to construct that portion of the improvements so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any party of the improvements or acquisition so protested against. Nothing in this section shall prohibit the city council, within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds by the affirmative vote of four-fifths of its members that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the improvements or acquisition.

(a)    If a majority protest is not filed, or If filed and protests are withdrawn such that less than a majority protest exists at the conclusion of the hearing, the council shall by resolution determine whether or not It is deemed necessary to form the district representing an area of benefit and establish the fees therefor. A certified copy of the resolution designating a benefiting district shall be recorded by the city in the office of the Solano county recorder. The apportioned fees specified in said resolution shall be applicable to all property within the area of benefit, and shall be payable as a condition of approval of a final subdivision map or as a condition of issuing a building permit for new construction of a building.

(b)    Any action or proceeding to attack, review, set aside, void or annul the resolution forming the district, designating the area of benefit and establishing the fees therefor, or any of the proceedings, acts or determinations taken, done or made prior to the adoption of such resolution shall not be maintained by any person unless such action or proceeding is commenced within sixty (60) days after the date of adoption of such resolution. Thereafter, all persons are barred from any such action or proceeding, or from raising as a defense any defense of invalidity of such resolution or of such proceedings, acts, or determinations.

(c)    Any defect, error or informality in the publication or mailing of notices of the hearing, or of the landowner of person interested in the land to receive the notice shall not invalidate any proceedings conducted or resolution adopted pursuant to this section.

(a)    Fees paid pursuant to this article shall be deposited in a planned bridge facility or major thoroughfare fund. A separate fund shall be established for each planned bridge facility project or major thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area.

(b)    Moneys in such funds shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the city for the cost of constructing the improvement.

(c)    A resolution adopted pursuant to this article may provide for the dedication of land or construction of improvements in lieu of the payment of fees.

(a)    The city may advance money from its general or other fund to pay the cost of constructing all or a portion of the improvement and may reimburse the general or other fund for such advance from planned bridge facility or major thoroughfare funds established to finance the construction of such improvements.

(b)    Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the council shall make provision for payment of the share of the improvement cost apportioned to such land from sources other than the planned bridge facility or major thoroughfare fund.

Whenever a subdivider or land developer is required to pay a fee for the construction of a bridge or improvement of a. major thoroughfare as a condition precedent to the acceptance of a final subdivision map or as a condition of issuing a building permit, and the facility is, or is to be, dedicated to the public, the council may contract with the subdivider or land developer for the construction of the bridge or improvement of a major thoroughfare, and reimburse the subdivider or land. developer for the cost of constructing the facility from the fees collected from the benefiting district.

(Ord. No. 80-42, § 1.)

This ordinance 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), and may be cited as the vesting tentative map ordinance.

It is the purpose of this ordinance to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the subdivision map act and the subdivision ordinance. Except as otherwise set forth in the provisions of this ordinance, the provisions of the subdivision ordinance shall apply to the vesting tentative map ordinance.

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

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of the city code.

(a)    A “vesting tentative map” shall mean a “tentative map” for a residential subdivision, as defined in the subdivision ordinance, that shall have printed conspicuously on its face the words “vesting tentative map” at the time it is filed in accordance with § 25.166.87, and is thereafter processed in accordance with the provisions hereof.

(b)    All other definitions set forth in the subdivision ordinance are applicable.

(a)    This ordinance shall apply to residential developments.

Whenever a provision of the subdivision map act, as implemented and supplemented by the subdivision ordinance, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions 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.

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 the subdivision ordinance for a tentative map except as hereinafter provided:

(a)    At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “vesting tentative map.”

(b)    At the time a vesting tentative map is filed a subdivider shall also supply the following information:

(1)    A statement that architectural approval has been granted, or an application for architectural· approval and plans have been filed which will be concurrently processed with the vesting tentative map for all buildings to be constructed on lots within the boundary of the vesting tentative map.

(2)    A statement that the vesting tentative map is consistent with the current zoning of the land, or that an application has been filed for rezoning or prezoning the land which will be processed concurrently with the vesting tentative map. If a PUD permit or use permit is required, said permit shall be processed prior to or concurrently with the vesting tentative map.

(3)    A tentative utility plan indicating the location of all public utilities and facilities including, but not limited to, facilities for water, sewer, electric, gas, cable t.v. and street lighting to be installed to serve the subdivision and any facilities which currently exist within the boundary of the subdivision.

(4)    The height, size, location and use of all buildings to be constructed within the subdivision.

(5)    Proposed grading plans of sufficient detail to obtain grading permit.

(6)    Location of proposed sewer, water, storm drain and road details with appropriate calculations and master plan studies.

(7)    Geotechnical analysis of the subdivision land.

(8)    Soils analysis of the subdivision land.

(9)    Flood plan information including the amount of flooding that may occur during a storm with a frequency of once in 100 years, and mitigation measures necessary to protect the subdivision from flooding during a storm with a frequency of once in 100 years.

(10)    Wild fire prevention plan and/or noise analysis with suggested mitigation measures if required by the city’s general plan or any specific or area wide plan.

(11)    Required approval letters from other agencies where applicable.

(12)    Traffic studies including, but not limited to, existing and future traffic, geometries, number of lanes, level of service, and recommended pavement sections.

(13)    When required by the city engineer, feasibility studies, life cycle studies, or other future impact studies.

(14)    When required by the department of planning and development, an economic analysis including analysis of the market and cost/revenue analysis for the subdivision.

(15)    Any other studies required because of the peculiarities of the subdivision.

All vesting tentative map submittals must be accurate and complete, and must satisfy all requirements of the department of planning and development and the department of public works. Failure to comply with the above shall be cause for rejection.

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

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 the subdivision ordinance for the expiration of the approval or conditional approval of a tentative map.

(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 subdivision (a), 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.

(3)    The condition or denial shall be required if there is a boundary shift which neither the developer nor the city has control over, and such shift would result in damages to the developer or surrounding lands.

(c)    The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in § 25.166.88. If the final map is approved, these rights shall last for the following periods of time:

(1)    An initial time period of one (1) year.

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

(2)    The initial time period set forth in (c) (1) 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 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 (c) (1) expires. The request for extension shall be submitted, in writing, to the secretary of the planning commission. The planning commission shall review any request for extension and submit a recommendation to the city council. An extension may be granted for a maximum period of one year.

The city council shall deny a request for extension unless it finds that changes to any city ordinances, policies, or standards that were adopted subsequent to the time of filing the vesting tentative map are not necessary to protect the public health, safety or welfare.

(4)    If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (1) - (3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. conditional approval.

(a)    Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city shall deny such a vesting tentative map if the city finds the vesting tentative map to be inconsistent with the zoning of the property, or proposed zoning ordinance which is being processed concurrently with the vesting tentative map. If a change in the zoning ordinance or issuance of a PUD permit or use permit is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding § 25.166.89(a), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance, PUD or use permit and the map as approved.

(b)    The rights conferred by this section shall be for the time periods set forth in §25.166.89(c).

Subdivider shall pay all applicable taxes, fees and charges in the amount required at the time such taxes, fees and charges. become due and payable.

Notwithstanding any provision of this ordinance, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in § 25.166.89(a) and 25.166.90, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. No. 86-1, § 1.)

All residential subdivisions shall be required to include on the Real Estate White Paper (Public Report) the following statement:

You are hereby notified that there may be vacant land that is planned for future development in the vicinity of the home you may purchase at ________. Further information on planned development within the city of Fairfield can be obtained from the Fairfield Department of Planning and Development, 1000 Webster Street, 2nd floor, Fairfield, CA 94533, telephone: (707) 428-7461.

(Ord. No. 93-19, § 4.)

All residential subdivisions located north of Air Base Parkway and east of Clay Bank Road, or south of Air Base Parkway and east of Walters Road shall be required to include on the Real Estate White Paper (Public Report) the following statement:

You are hereby notified that the residential property that you may purchase at ____________________________ is located within the vicinity of Travis Air Force Base. Travis Air Force Base is located in the eastern portion of the City of Fairfield. The City of Fairfield does not permit residential development at a noise level in excess of 65 decibel noise contour for the maximum mission of Travis Air Force Base (as represented in the 1995 Air Installation Compatible Use Zone Study). However, residents of Fairfield within the vicinity of Travis Air Force Base may experience noise from aircraft operations at the Travis Air Force Base. The amount of noise may change over time depending on the mission and operations of the base. Further information on this disclosure may be obtained from the Fairfield Planning and Development Department, 1000 Webster Street, Second Floor, Fairfield, California 94533; telephone: (707)428-7461.

This Division is enacted pursuant to the authority granted by the Subdivision Map Act (Government Code §66477) and the general police power of the City. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this article are in accordance with the General Plan of the City of Fairfield, the Peabody-Walters Master Plan, other adopted specific plans and the Department of Community Services Parks Capital Project Plan 1995-2005 (collectively referred to hereinafter as the “Parks Plans"). These park and recreational facilities include projects such as a variety of parks, tennis courts, soccer fields, ball fields, swimming pools and other like recreational facilities.

As a condition of approval of a tentative map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this article.

It is found and determined that the public interest, convenience, health, welfare and safety require that three and one half (3.5) acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes. The amount and location of land to be dedicated pursuant to Section 25.166.98 or fees to be paid pursuant to Section 25.166.99 and 25.166.100 shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. (Ord. 2006-23, eff. 1/4/07)

Where a park or recreational facility has been designated in the Parks Plans and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size, location and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Unless there is evidence to the contrary, the following criteria will be used to estimate population:

(Ord. No. 2009-13 § 1.)

(a)    General Formula. If there is no park or recreational facility designated in the Parks Plans to be located in whole or in part within the proposed tentative map for the subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider, shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section 25.166.98 as determined in accordance with the provisions of Section 25.166.102. The fee shall be used for a local park or recreational facility which will serve the residents of the area being subdivided.

(b)    Fees in Lieu of land - 50 Parcels or less. if the proposed subdivision contains 50 parcels or less and is not a condominium, stock cooperative or community apartment project containing more than 50 dwelling units, the subdivider shall pay a fee equal to the land value of the portion of the local park or recreational facility required to serve the needs of the residents of the proposed subdivision as prescribed in Section 25.166.98 and in an amount determined in accordance with the provisions of Section 25.166.102.

(c)    Use of Money. The money collected hereunder shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the Community Services Commission deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. The money shall be committed within five (5) years after payment or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lot bears to the total area of all lots in the subdivision.

In subdivisions of over 50 lots, or, in the case of a condominium project, stock cooperative or community apartment project, if the subdivision contains more than fifty (50) dwelling units, then under the following circumstances the subdivider shall both dedicate land and pay a fee in accordance with the following:

(a)    When only a portion of the land to be subdivided is proposed in the Parks Plans as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 25.166.102 shall be paid in lieu of any additional land that would have been required to be dedicated pursuant to Section 25.166.98.

(b)    When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to Section 25.166.102 shall be paid in lieu of any additional land which would otherwise have been required to be dedicated pursuant to Section 25.166.98.

Land dedication, or payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

(a)    Community resources of the City’s General Plan;

(b)    Topography, geology, access and location of land in the subdivision available for dedication;

(c)    Size and shape of the subdivision and land available for dedication;

(d)    Feasibility of dedication; and

(e)    Availability of previously acquired park property.

The determination by the City as to whether land shall be dedicated, or whether a fee hall be charged, or a combination, shall be final and conclusive.

When a fee is required to be paid in lieu of park land dedication, the amount of the fee shall be based upon the average estimated fair market value of land in the zone identified in Section 25.166.97 in which the land is located.

The fair market value shall be as determined by the Public Works Department at the time of tentative map approval and may be reviewed and adjusted at each subsequent extension. If the subdivider objects the fair market value determination, the subdivider may request the City to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the City and the subdivider, which appraisal will be considered by the City in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider. (Ord. No. 95-22, § 1.)

Where a substantial private park and recreational area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50%, may be given against the requirement of land dedication or payment of fees in lieu of, if the Community Services Commission finds that it is in the public interest to do so and that all the following standards are met:

(a)    That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

(b)    That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions;

(c)    That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City or its successor;

(d)    That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;

(e)    That facilities proposed for the open space are in substantial accordance with the provisions of the General Plan; and

(f)    That the open space for which credit is given is a minimum of two (2) acres and provides a minimum of four (4) of the local park basic elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation park needs of the future residents of the area:

Prior to the time of approval of the tentative subdivision or parcel map, the Community Services Commission shall determine whether land is to be dedicated or in-lieu fees are to be paid by the subdivider or any combination of land and fees. The action of the Community Services Commission shall include the following:

(a)    The amount of land required; or

(b)    That a fee be charged in lieu of land; or

(c)    That land and a fee be required; and/or

(d)    That a stated amount of credit be given for private recreation facilities or unique natural and special features, etc.;

(e)    The location of the park land to be dedicated or use of in-lieu fees;

(f)    The approximate time when development of the park or recreation facility shall commence.

At the time of the filing of the final map, the subdivider shall dedicate the land. At the time of issuance of building permits for the subdivision, the subdivider shall pay the fees on a per- residential lot basis.

Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map and shall be recorded contemporaneously with the final subdivision map.

The provisions of this article do not apply to commercial or industrial subdivisions, condominium 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.

(Ord. No. 95-14, § 3.)

(a)    There is hereby established a Capital Improvement Fee to reimburse the City for the costs it has incurred in constructing public improvements that will directly serve and are necessary for the construction of a new subdivision or development. A public improvement shall be deemed to directly serve and be necessary for the construction of new development if the construction of such improvement could have been imposed as a condition of development had the city not previously constructed the public improvement. (Ord. 2007-01, § 3.)

(b)    The Capital Improvement Fee shall be paid upon the earliest of the following events:

1.    Issuance of a building permit for the development of the subject property;

2.    Filing of a final subdivision map;

3.    Connection to sanitary sewer, water or storm drain facilities.

(Ord. 2007-01, § 3.)

(c)    The amount of the Capital Improvement Fee shall be the estimated proportionate share of the actual and reasonable costs of constructing, sizing, and locating the facilities that directly serve and benefit the individual parcel. (Ord. 2007-01, § 3.)

(d)    The fee imposed on each parcel shall be calculated in the manner provided by subsection (c) and adopted by a resolution of the City Council. The City Council shall hold a duly noticed public meeting regarding the proposed Capital Improvement Fee, as required by Government Code Sections 66016 and 66018. Pursuant to Government Code Section 66018, the cost of conducting the hearing may be included in the Capital Improvement Fee. (Ord. 2007-01, § 3.)

(e)    Funds collected pursuant to this section shall be deposited by the city in a special fund entitled “Capital Improvement Fee Fund,” which is hereby established. This fund shall be used exclusively for the purpose of mitigating the city’s costs of locating, sizing, and constructing facilities on or adjacent to currently undeveloped land that will be developed in the future. (Ord. 2007-01, § 3.)

The City may require that a subdivider construct improvements with supplemental size, capacity, number, or length for the benefit of property not within the subdivision and dedicate these improvements to the public pursuant to Government Code Section 66485. The City shall enter into an agreement to reimburse the subdivider for the cost of those improvements in excess of the construction required for the subdivision. (Ord. 2007-01, § 3.)

If the agreement was approved by the City Council with a specific provision to allow a value adjustment to occur to the initial cost of installing the improvements, then the City Engineer shall make adjustments as follows:

1.    On the first January 1 following the date the City entered into the agreement, the City shall increase the costs of the improvements by a dollar amount equivalent to the result of multiplying the original cost amount(s) in the agreement by the interest yield on the five year U.S. Treasury Bill. The percentage of increase for the first adjustment will be prorated based on the number of months since the date of the agreement. These new amounts will be effective until January 1 of the next year and will be the new basis of costs for calculating the value adjustment for the following year. (Ord. 2007-01, § 3.)

2.    On each January 1 following the first adjustment noted above in subsection (1), the City shall increase the costs of the improvements by a dollar amount equivalent to the result of multiplying the current cost amount(s) in the agreement by the interest yield on the five year U.S. Treasury Bill. These new amounts will be effective until January 1 of the next year and will be the basis of costs for calculating the value adjustment for the following year. (Ord. 2007-01, § 3.)

This Division sets forth the procedures for owner-initiated mergers of contiguous parcels under common ownership without reverting to acreage, pursuant to Government Code 66499.20.3. Nothing in this section shall be construed to prevent an applicant from filing a tentative map, a final parcel map, or subdivision map for any merger. (Ord. No. 2019-02, § 1.)

“Contiguous” means touching or adjoining at more than one point. Parcels shall be considered contiguous even if separated by roads, streets, utility easements, or railroad rights-of-way.

“Director” means the Director of Community Development of the City of Fairfield.

“Merger” means the joining of two (2) or more contiguous parcels of land under one ownership into one parcel. (Ord. No. 2019-02, § 1.)

The owner of contiguous parcels may initiate the voluntary merger of the parcels. The Director, City Engineer, Planning Commission or City Council may require the owner of any contiguous parcel to request the merger of any or all contiguous parcels within the city in conjunction with the giving of any variance, conditional use permit, or any other development approval under this article or the Zoning Ordinance. (Ord. No. 2019-02, § 1.)

An owner of two or more contiguous parcels may initiate a merger by submitting an application, any fees established by resolution of the City Council, and any other such information as may be requested to the Director. (Ord. No. 2019-02, § 1.)

(a)    In consultation with the City Engineer, the Director shall review and may approve or conditionally approve each proposed merger. The Director shall approve a merger if all of the following findings can be made:

(1)    The merger does not affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any approvals of divisions of real property or lot line adjustments;

(2)    The boundaries of the parcels to be merged are well defined in existing recorded documents or filed maps and were legally created or have certificates of compliance issued on them;

(3)    The merger will not alter the exterior boundary of the parcels to be merged;

(4)    The document used to effect the merger contains an accurate description of the exterior boundaries of the resulting parcel;

(5)    The merger complies with the building and zoning requirements for the zoning district in which the property is located;

(6)    All parties having any record title interest in the real property affected have consented to the merger upon a form and in a manner set forth in the application and approved by the city engineer. Consent is not required from the interests that are accepted from the requirement to consent to the preparation and recordation of final maps under Government Code section 66436;

(7)    All necessary fees and requirements have been provided.

(b)    The Director may impose conditions of approval on a lot merger application as necessary to ensure compliance with the General Plan, any applicable specific plan, the zoning ordinance, or any other applicable provisions of the City Code; or to facilitate the relocation of existing utilities, infrastructure, or easements.

(c)    No public hearing is required unless requested by the applicant. If a hearing is requested, notice of the public hearing shall be given in accordance with Section 25.43 (Public Hearings). (Ord. No. 2019-02, § 1.)

Any person dissatisfied with the decision of the Director may appeal such action to the Planning Commission, in accordance with the procedures specified in Section 25.44 (Appeals and Calls for Review). (Ord. No. 2019-02, § 1.)

Upon approval, the Director shall issue documentation verifying approval of the voluntary parcel merger to the property owner. The property owner shall be responsible for filing with the County Recorder an instrument of merger reflecting the voluntary parcel merger. The merger shall be effective when the instrument is filed with the County Recorder. The property owner shall submit a copy of the recorded instrument to the Director. (Ord. No. 2019-02, § 1.)