Galt City Zoning Code

The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;

Mineral, oil or gas leases;

Land dedicated for cemetery purposes under the state Health and Safety Code;

A lot line adjustment between two (2) or more existing adjacent parcels, where the land taken from one (1) parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created; provided, that subject to the provisions of Section 66412(d) of the Subdivision Map Act, the lot line adjustment is approved by the City Engineer pursuant to Section 18.64.030.05;

Any separate assessment under Section 2188.7 of the state Revenue and Taxation Code;

Subject to the requirements of Sections 66412(g) and 66412(h) of the Subdivision Map Act, the conversion of a community apartment project or a stock cooperative to a condominium;

The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a windpowered electrical generation device on the land, if the project is subject to discretionary action by the City;

The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other City ordinances regulating design and improvements;

The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

The construction, financing or leasing of dwelling units pursuant to Section 65852.1 or second units pursuant to Section 65852.2 of the Government Code; but this chapter shall apply to the sale or transfer, but not leasing of those units;

Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock;

Subdivisions of four (4) parcels or less for construction of removable commercial buildings having a floor area of less than one hundred (100) square feet; and

Any other mandatory exceptions to the applicability of the Subdivision Map Act as provided in the Subdivision Map Act.

To implement the provisions of the Subdivision Map Act;

To provide policies, standards, requirements and procedures to regulate and control the design and improvement of all subdivisions within the City;

To implement the programs, policies and objectives of the General Plan of the City; and

To promote the orderly growth and development of the City and to promote open space, conservation, protection and proper use of land, and to ensure provision for adequate traffic circulation, utilities and services.

Tentative Maps. The Planning Commission is designated as advisory agency, as that term is used in the Subdivision Map Act, for subdivisions, and shall be charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property. Investigations and reports shall be forwarded to the City Council for its review of final maps. The Planning Commission is charged with the duty of imposing any requirements or conditions on proposed divisions of real property or denying the division, and to approve, conditionally approve or disapprove tentative maps.

The Community Development Director is charged with the duty of imposing any requirements or conditions on proposed divisions of real property or denying the division, and to approve, conditionally approve or disapprove parcel maps.

All tentative maps and tentative parcel maps shall be subject to environmental review in accordance with the rules and procedures adopted by the City Council pursuant to the California Environmental Quality Act of 1970 as set forth in Division 13 of the California Resources Code.

An application for approval of a subdivision shall not be complete until after the environmental review for such subdivision has been accomplished.

With respect to any map for which an Environmental Impact Report is required, the Planning Commission and City Council shall consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the map.

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

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

Conveyances of any part of a division of real property for which a final or parcel map is required by this chapter shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record by the county recorder.

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

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

The violation of any provision of this title which has not been exempted is unlawful and an offense. Each day that such violation continues is deemed a separate and distinct offense.

For all projects which are approved pursuant to this chapter, the applicants, subdividers, or the successors thereof shall pay fees in accordance with approved schedules of the City, and shall pay fees which may be imposed subsequent to project approval, at the time of building permit issuance, certificate of occupancy or other prescribed time, including but not limited to sewer, water, traffic, fire, police, administration, library, child care, open space acquisition, schools, parks, or other fees established in accordance with law.

All development shall comply with and occur under the City's adopted building and construction standards that are in effect at the time of construction or improvement.

No building or structure shall be constructed on any lot or parcel, and no permit shall be issued to permit such construction unless:

A parcel of land which is shown as a separate lot on a subdivision map, parcel map, record of survey, or other map filed for record, or on the maps of the county assessor, shall not be deemed to be a buildable lot unless it meets the size and configuration requirements of the Development Code.

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

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

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

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

A request for a lot line adjustment shall be submitted to the Public Works Department on forms provided by the City.

Upon determination that the application is complete, the lot line adjustment shall be reviewed and approved based on the following:

The complete application shall be reviewed by the City Engineer, the Community Development Director and the Building Official or their respective designees.

Appeal. When an appeal has been filed pursuant to this chapter, notice shall be given and a hearing shall be conducted as provided by this chapter.

If the request for a lot line adjustment is approved, the applicant shall arrange to have the following documents prepared:

The documents described in subsection E of this section shall be submitted to the City Engineer. The City Engineer shall review the documents for consistency with the approved lot line adjustment and shall then forward the documents to the applicant for recording.

A lot line adjustment approval shall be valid for one (1) year from the date of approval and if the adjusted parcels or lots are not a matter of record within that one (1) year period, the approval shall expire.

The subdivider shall, at the time of making application for approval of a tentative map, pay an application and processing fee in the amount established by resolution of the City Council.

The Community Development Director shall examine the tentative map upon presentation of the same and shall not accept such map filing as complete unless the same is in full compliance with the provisions of the law and of this chapter as to form and as to the data and information required to be shown thereon or furnished therewith.

The filing of the tentative map with the Community Development Director shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the tentative map nor shall it ensure that the map complies with all laws and with this chapter.

The Community Development Director shall transmit copies of the tentative map to the Public Works Department, the City Engineer and any other affected City departments and agencies for review. Such agencies and departments shall be allowed to make a report and recommendation to the Planning Commission.

Within ten (10) days of the filing of a tentative map, the Community Development Director shall send a notice of the filing of the tentative map to the Galt Joint Union High School District and the Galt Joint Union Elementary School District. Such notice shall also contain information about the location of the proposed subdivision, the number and size of proposed residential units, density, and any other information which may be relevant to the school districts. The board of each school district may review the notice and may send a written report thereon to the Community Development Director. The report shall indicate the impact of the proposed subdivision on the school districts and shall make such recommendations as the school boards deem appropriate. In the event the school districts fail to respond within a twenty (20) day period from receipt of notice of the tentative map, such failure shall be deemed approval of the proposed subdivision by the school districts. The Planning Commission shall consider the reports from the school districts in approving, conditionally approving or denying the tentative map.

The Planning Commission shall hold a public hearing to consider the tentative map and reports after the application has been filed and deemed complete. The Community Development Department shall prepare a written report of its findings for approval, conditional approval or denial. At least three (3) days prior to the public hearing, a copy of any City staff report on the tentative map shall be delivered to the subdivider. The time limits referred to in Section 21151.5 of the Public Resources Code shall be complied with by the City. However, if an environmental impact report, negative declaration or a determination of exemption is prepared for a tentative map, the fifty (50) day period specified in this section shall not be applicable and the Planning Commission shall render its report or decision within fifty (50) days after certification of the environmental impact report, adoption of a negative declaration or a determination that this project is exempt from the requirements of Division 13 of the Public Resources Code, pursuant to Government Code Section 66452.1(c).

Any decision to approve or conditionally approve a tentative map shall include a description of the nature, type and extent of any improvement required to be constructed or installed by the subdivider.

The Planning Commission may impose conditions for approval of the tentative map which bear a reasonable relationship to the public need created by the proposed subdivision and may, in its discretion, deny approval of the map if, in its opinion, such conditions cannot be met.

Copies of the approved tentative map shall remain on file in the office of the City Clerk.

If no action is taken by the Planning Commission to approve, conditionally approve or disapprove the tentative map, within the time limits specified, the tentative map, as filed, shall be deemed approved insofar as it complies with the Subdivision Map Act and this Development Code. It shall be the duty of the City Clerk to certify the deemed approval of this tentative map.

The subdivider, interested party, or any tenant, of the real property in issue, in the case of a proposed conversion of the residential real property to a condominium project, community apartment project, or stock cooperative, may appeal from any action of the Planning Commission with respect to a tentative map to the City Council.

The appeal shall be filed in writing with the City Clerk within ten (10) days after the action of the Planning Commission from which the appeal is being taken.

The City Council shall set the matter for a hearing date within thirty (30) days of the appeal filing. Within ten (10) days after the conclusion of the hearing, the City Council shall render its decision on the appeal. Decisions on appeal issued by the City Council must comply with Government Code Sections 66473, 66473.5, and 66474, as amended from time to time, of the Subdivision Map Act.

If the City Council fails to act on an appeal, the tentative map insofar that it complies with the Subdivision Map Act and this Development Code shall be deemed to be approved or conditionally approved as last approved or conditionally approved. It is the duty of the City Clerk to certify the deemed approval.

Notice of the appeal hearing shall be sent by United States mail to each tenant of real property in issue in the case of conversion to a condominium project, community apartment project, or stock cooperative project, at least three (3) days before the appeal hearing.

The City Council may establish reasonable fees which are necessary to process the appeal of the Planning Commission's action on a tentative map by resolution.

The following findings shall be made before the Planning Commission approves or conditionally approves a tentative map:

The Planning Commission shall deny approval of a tentative map if any of the following findings are made:

An approved or conditionally approved tentative map shall expire twenty-four (24) months after its approval or conditional approval, unless an extension is approved as provided in subsection B of this section.

Upon written request of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the Planning Commission in its sole discretion for a period or periods not exceeding a total of three (3) years. The fee for processing any such extension of time shall be required in an amount to be determined by resolution of the City Council, and shall be submitted prior to the expiration date described herein.

The period of time specified in subsection A of this section, including any extension thereof granted pursuant to subsection B of this section, shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the Planning Commission. After service of the initial petition or complaint in the lawsuit upon the City, the subdivider may apply in writing to the Community Development Director for a stay of the time period pursuant to this subsection. Within forty (40) days after receiving the application, the Planning Commission shall hold a public hearing to consider whether to stay the time period for up to five (5) years or deny the requested stay.

No final subdivision map or parcel map of all or any portion of the property included within an expired tentative map shall be filed without first processing a new tentative map.

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

If a subdivider does not seek the rights conferred by Chapter 4.5 of the Subdivision Map Act (commencing with Section 66498.1 of the California Government Code), 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.

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

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

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 California Government Code Section 66474.2. However, if Section 66474.2 of the California 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.

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

The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 18.64.050.05. If the final map is approved, these rights shall last for the following periods of time:

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Development Code in existence at that time, that inconsistency shall be noted on the map. The Planning Commission may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the Development Code to eliminate the inconsistency. If the change in the Development Code is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 18.64.050.06(A), confer the vested right to proceed with the development in substantial compliance with the change in the Development Code and the map, as approved.

The rights conferred by this section shall be for the time periods set forth in Section 18.64.050.06(C).

The Community Development Director may waive the requirement for a parcel map if he or she determines such map is not required because the proposed division of land complies with all provisions of the Subdivision Map Act and this title, and makes the finding set forth in Section 66428 of the Subdivision Map Act.

If the Community Development Director determines that a parcel map is not required, he or she shall prepare written findings that the proposed division of land complies with the provisions of this chapter and record such findings with the county recorder.

Waiver of Parcel Map Requirements and Waiver of Tentative and Final Maps for Condominium Project on Single Parcel. The City Engineer may, in his or her discretion, waive all or part of the requirements for a tentative and parcel map for the following:

The subdivider shall, at the time of making application for approval of a tentative parcel map, pay an application and processing fee in the amount established by resolution of the City Council.

The Community Development Director shall examine the tentative parcel map upon presentation of the same and shall not accept such map filing as complete unless the same is in full compliance with the provisions of the law and of this chapter as to form and as to the data and information required to be shown thereon or furnished therewith.

The filing of the tentative parcel map with the Community Development Director shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the tentative parcel map nor shall it ensure that the map complies with the law and with this chapter.

The Community Development Director shall hold a public hearing to consider the tentative parcel map and reports after the application has been filed and deemed complete. The Community Development Department shall prepare a written report of its findings for approval, conditional approval or denial.

Any decision to approve or conditionally approve a tentative map shall include a description of the nature, type and extent of any improvement required to be constructed or installed by the subdivider.

The Community Development Director may impose conditions for approval of the tentative map which bear a reasonable relationship to the public need created by the proposed subdivision and may, in its discretion, deny approval of the map if, in his or her opinion, such conditions cannot be met.

Copies of the approved tentative map shall remain on file in the office of the City Clerk.

The subdivider, interested party, or any tenant of the real property in issue, may appeal any action of the Community Development Director with respect to the tentative parcel map to the Planning Commission.

The appeal shall be filed in writing with the Community Development Department within ten (10) days after the action of the Community Development Director.

The Planning Commission shall set the matter for a hearing date within thirty (30) days of the appeal filing. Within ten (10) days after the conclusion of the hearing, the Planning Commission shall render its decision on the appeal. Decisions on appeals issued by the Planning Commission must comply with the Subdivision Map Act.

If the Planning Commission fails to act on an appeal, the tentative parcel map insofar that it complies with the Subdivision Map Act and this Development Code shall be deemed to be approved or conditionally approved as last approved or conditionally approved. It is the duty of the City Clerk to certify that deemed approval.

The following findings shall be made before the Community Development Director approves or conditionally approves a parcel map:

The Community Development Director shall deny approval of a parcel map if any of the following findings are made:

An approved or conditionally approved tentative parcel map shall expire twenty-four (24) months after its approval or conditional approval, unless an extension is approved as provided in subsection B of this section.

Upon written request of the subdivider filed prior to the expiration of the approved or conditionally approved tentative parcel map, the time at which such map expires may be extended by the Community Development Director at his or her discretion for a period or periods not exceeding a total of three (3) years. Prior to the expiration of an approved or conditionally approved tentative parcel map, and upon application and payment of applicable fees by the subdivider to extend the map, the map shall automatically be extended for sixty (60) days or until the application is approved, conditionally approved or denied, whichever occurs first. If the Community Development Director denies a subdivider's application for extension, the subdivider may appeal to the Planning Commission within ten (10) days after the Community Development Director has denied the extension. A fee for processing any such extension of time shall be required in an amount to be determined by resolution of the City Council.

The period of time specified in subsection A of this section, including any extension thereof granted pursuant to subsection B of this section, shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative parcel map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the Community Development Director. After service of the initial petition or complaint in the lawsuit upon the City, the subdivider may apply in writing to the Community Development Director for a stay of the time period pursuant to this subsection. Within forty (40) days after receiving the application, the Community Development Director shall determine whether to stay the time period for up to five (5) years or deny the requested stay.

No parcel map of all or any portion of the property included within an expired tentative parcel map shall be filed without first processing a new tentative parcel map.

After approval or conditional approval of the tentative parcel map, the subdivider shall submit to the City Engineer the following information and materials:

The City Engineer shall examine the parcel map and construction drawings upon presentation of same to him or her and shall not accept such map filing as complete unless the same is in full compliance with the provisions of the Subdivision Map Act and of this chapter as to form and as to data and information required to be shown thereon or furnished therewith.

The filing of the parcel map with the City Engineer shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the parcel map nor shall it ensure that the map complies with all laws and with this chapter.

A finding of nonconformance with the approved tentative parcel map will be based on the determination that there are any significant changes with regard to, but not limited to, the following criteria:

If the Community Development Director determines that the parcel map is in substantial conformance with the approved tentative parcel map for the project, he or she shall sign the certificate acknowledging such and return it to the City Engineer for action in accordance with the provisions of this chapter.

If the Community Development Director determines that the parcel map is not in substantial conformance with the approved tentative parcel map and will require significant reanalysis of the project and/or environmental impacts, the subdivider will be required to submit a new application for tentative parcel map approval. Such application shall be processed in the same manner as an original application for tentative parcel map approval.

If the Community Development Director determines that the parcel map is not in substantial conformance with the approved tentative parcel map but is similar enough not to warrant a complete reevaluation of the project and its related environmental impacts, the subdivider shall submit an application for revised tentative parcel map approval.

The decision of the Community Development Director is final unless an interested party files a written appeal and accompanying fee with the City Clerk within ten (10) days of receipt of the Community Development Director's written finding of conformance or nonconformance.

Final subdivision maps shall be clearly and legibly drawn, printed or reproduced by a process guaranteeing a permanent record. The size of the sheet shall be eighteen (18) inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch on all sides.

The title sheet shall contain the title consisting of the subdivision number and the name of the tract and such name shall not be the same as the name of any existing tract or subdivision of land into lots, for which a map or plot has been previously recorded, or so nearly the same as to mislead the public or cause confusion as to the identity thereof, and a subtitle or general description of all the property being subdivided by reference to maps which have been previously recorded. In case the property included within the subdivision lies wholly within the corporate limits of the City, the following words shall appear before the title: "In the City of Galt"; if partly within the City limits, the following words shall be used: "Lying within and adjoining the City of Galt." Reference to tracts and subdivisions in the description must be worded identically with original records and reference to book and page or record must be complete. Every sheet comprising the map shall bear the number, name, scale, north point, legend, sheet number and number of sheets comprising the map. Below the title shall be clearly noted the basis of bearing for the survey.

When the final map consists of more than two (2) sheets, a key map showing the relationship of the sheets to each other shall be placed on sheet 1.

The scale of the final map shall be one (1) inch equals one hundred (100) feet, unless otherwise approved by the City Engineer.

The map shall show clearly what stakes, monuments or other evidences were found on the ground to determine the boundaries of the tract. The adjoining corners of all adjoining subdivisions shall be identified by lot and block numbers, tract name and place or record, or by section, township and range, or other proper designation.

Sufficient data must be shown to determine readily the bearing and length of every lot line, block line and boundary line. Dimensions of lots shall be given as to net dimensions to the boundaries of adjoining streets and shall be shown in feet and hundreds of feet. No ditto marks shall be used. Lots containing one (1) acre or more shall show net acreage to the nearest hundredths. Bearings and distances of straight lines and such radii and arc lengths for all curves as may be necessary to determine the location of the centers of curves shall be shown.

The map shall show the line of highest high water in case the subdivision is adjacent to a stream or body of water or if areas therein are subject to periodic inundation by floodwaters.

The exterior boundary of the land included in the subdivision shall be designated by a colored border applied to the tracing. Such border shall not interfere with the legibility of figures or other data.

In any subdivision, all lots shall be numbered consecutively with no omission or duplication throughout the entire subdivision and for future units of any subdivision which has the same tract name but is designated by different units. No block division or numbering is required, but if desired by the subdivider, then each block shall be numbered consecutively. Circles or other geometric figures shall not be drawn around numbers. Each lot must be shown entirely on one sheet.

The map shall show the center and side lines of all streets appearing on the map and shall include the total width of all such streets, the width of any street portions being dedicated, the width of existing street dedications, the width of each street half, and the width of any railroad rights-of-way. All streets shall be named.

The map shall show the center and/or side lines of all easements to which the lots are subject. Each easement must be clearly labeled and identified and, if already of record, its recorded reference given. If any easement is not of record, a statement of such easement must appear on the title sheet. Easements for storm drains, sewers and other purposes shall be denoted by dotted lines that are of the same size and width as the lines used to denote street boundaries. Distances and bearing 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 width of the easement and lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly set out in the owner's certificate of dedication. All notes or figures pertaining to easements shall be considerably smaller and lighter than those relating to the subdivision itself.

The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes and all parcels offered for dedication for any purpose, with all dimensions, boundaries and courses clearly shown and defined in every case. Any or all of the parcels of land intended for any public use, except those parcels, other than streets, intended for exclusive use of the lot owners, their licensees, visitors, tenants and servants, in the subdivision shall be offered for dedication for public use. Parcels offered for dedication but not accepted shall be clearly designated as such on the map. Remainder parcels shall be designated when required by Section 66434 of the Subdivision Map Act.

The following certificates and acknowledgments and all others now or hereafter required by law shall appear on the final map. Such certificates may be combined where appropriate:

Two (2) prints of the final map;

Traverse sheets of the boundary of the subdivision and the lots within;

A guarantee of title issued by a reputable title insurance company showing the names of all persons having any right, title or interest in the lands proposed to be subdivided and whose consent is necessary to convey clear title to the lands;

Complete construction drawings for all of the required subdivision improvements;

A nonrefundable application and processing fee in an amount as established by resolution of the City Council; and

Any additional data, reports or information as required by the City Engineer.

A finding of nonconformance with the approved tentative map will be based on the determination that there are significant changes with regard to, but not limited to, the following criteria:

If the Community Development Director determines that the final map is in substantial conformance with the approved tentative map for the project and the City Engineer has approved the final map, the subdivider may file the final map submittal package with the City Clerk in accordance with the provisions of this chapter.

If the Community Development Director determines that the final map is not in substantial conformance with the approved tentative map and will require significant reanalysis of the project and/or environmental impacts, the subdivider will be required to submit a new application for tentative map approval. Such application shall be processed in the same manner as an original application for tentative map approval.

If the Community Development Director determines that the final map is not in substantial conformance with the approved tentative map but is similar enough not to warrant a complete reevaluation of the project and its related environmental impacts, the subdivider shall submit an application for revised tentative map approval.

The decision of the Community Development Director is final unless an interested party files a written appeal and accompanying fee with the City Clerk within ten (10) days of receipt of the Community Development Director's written finding of conformance or nonconformance. The appeal will be considered by the City Council at its next available regular meeting.

The City Council shall, at the meeting at which it receives the map or, at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of Chapter 2 of the Subdivision Map Act and this chapter at the time of approval or conditional approval of the tentative map and any rulings made thereunder or, if it does not so conform, disapprove the map. Any disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The City Council may approve a nonconforming map if it determines that the nonconformity is the result of a technical and inadvertent error that does not materially affect the validity of the map, provided the City Council and the subdivider agree that a conforming map shall be prepared by the subdivider before the certificate of approval described in Section 18.64.070.07(M)(9) is executed by the Mayor and the City Clerk.

At the time the City Council approves the final map, the City Council shall accept, accept subject to improvements, or reject any offers of dedication. Acceptance of offers of dedication on a final map shall not be effective until the final map is filed in the office of the county recorder. As permitted by Section 66477.2 of the Subdivision Map Act, the offers of dedication shall not be effective until the City Council files a resolution of acceptance in the office of the county recorder.

If, at the time of approval of the final map by the City Council, any public improvements required by the City pursuant to the provisions of this chapter or the Subdivision Map Act have not been completed and accepted in accordance with City standards applicable at the time of approval or conditional approval of tentative map, the City Council, as a condition precedent to the approval of the final map, shall require the subdivider to enter into an agreement as provided in Section 18.64.080E.11.

The size, design, character, grade, location, orientation and configuration of lots within the proposed subdivision and all public improvements required in connection therewith shall be consistent with the density and uses authorized for the area by the General Plan and Development Code of the City, and any applicable design and improvement standards.

The density, timing or sequence of development may be restricted by considerations of safety, traffic access or circulation, the slope of the terrain, the physical suitability of the site (including soil conditions), the nature and extent of existing development, the availability of public utilities, or other provisions of this chapter.

In accordance with Government Code Section 66477, the public interest, convenience, health, safety and welfare therefore require that five (5) acres of property for each one thousand (1,000) persons residing within the City be devoted to local park and recreation purposes.

The 2010 federal census for the City found the average population per household within the City to be 3.24.

Where a park or recreation facility has been designated in the General Plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future need of the residents of the subdivision, the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following formula:

Dedication of land pursuant to this section shall be made in accordance with the procedures contained in Section 18.64.080B.11.

For the purposes of this section, the number of new dwelling units shall be determined as follows:

The subdivider shall, without credit:

Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Community Development Director and the City Engineer in location, topography, environmental characteristics and development potential as related to the intended use. The primary intent of this section shall be construed to provide the land for functional recreation units of local or neighborhood service, including but not limited to: tot lots, play lots, playgrounds, neighborhood parks, playfields, community or district parks and other specialized recreational facilities that may serve the family group and also senior citizen activities. Principal consideration shall be given therefore to lands that offer:

General Formula. If there is no park or recreation facility designated in the General Plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in the City's discretion, either dedicate land in the amount provided in Section 18.64.080B.04 or pay a fee in lieu of dedication equal to the land value, plus twenty percent (20%) toward costs of off-site improvements, prescribed for dedication in Section 18.64.080B.04 and in an amount determined in accordance with the provisions of Section 18.64.080B.07.

For the purposes of this article, "off-site improvements" are defined as those improvements which would have been required if land had been dedicated using the provisions of Section 18.64.080B.04.

Fees in Lieu of Land - Fifty (50) Parcels or Less. If the proposed subdivision contains fifty (50) parcels or less, the subdivider shall pay a fee equal to the land value, plus twenty percent (20%) toward costs of off-site improvements, of the portion of the park or recreational facilities required to serve the needs of residents of the proposed subdivision as prescribed in Section 18.64.080B.04 and in an amount determined in accordance with the provisions of Section 18.64.080B.07.

However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the City.

Use of Money. The money collected hereunder shall be used, in accordance with the schedule developed pursuant to Section 18.64.080B.13, solely for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land for park or recreational purposes.

When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park or recreation purposes and a fee computed pursuant to the provision of Section 18.64.080B.07 shall be paid for the value of any additional land, plus twenty percent (20%) toward costs of off-site improvements, that would have been required to be dedicated pursuant to Section 18.64.080B.04.

When a major part of the local park or recreation 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 portion shall be dedicated and a fee computed pursuant to Section 18.64.080B.07 shall be paid in an amount equal to the value, plus twenty percent (20%) toward costs of off-site improvements, which would otherwise have been required to be dedicated pursuant to Section 18.64.080B.04. Such fees shall be used for the improvement of the existing park or recreation facility or for the improvement of other neighborhood or community parks and recreation facilities reasonably related to serving the subdivision.

Conditions of approval of the tentative map;

The General Plan and zoning requirements for the area;

The location and site characteristics of the property;

Off-site and on-site improvements facilitating use of the property.

Policies, standards and principles for park and recreation facilities in the General Plan;

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

Size and shape of the subdivision and land available for dedication;

Feasibility of dedication;

Compatibility of dedication with the General Plan;

Availability of previously acquired park property.

Yards, court areas, setbacks and other open areas required by the Development Code and building ordinances and regulations shall not be included in the computation of such private open space; and

Private park and recreation facilities shall be owned by a homeowners' association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a one hundred percent (100%) affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities; and

Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City or its successor; and

The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

Facilities proposed for the open space are in substantial accordance with the provisions of the General Plan; and

The open space for which credit is given is generally a minimum of three (3) acres and provides all of the local park basic elements listed in this section, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:

At the time of approval or conditional approval of the tentative subdivision map or parcel map, the Planning Commission shall determine whether land, in-lieu fees, or a combination of land and fees, shall be dedicated and/or paid by the subdivider. If the Planning Commission requires the payment of in-lieu fee payment by the subdivider, the Planning Commission shall set the amount of land upon which the in-lieu fee shall be based at the time of final map approval.

At the time of the recording of the final subdivision map or parcel map, the subdivider shall dedicate the land and/or pay fees as set in Section 18.64.080B.05. At the direction of the City, fees shall be paid prior to issuance of any building permit for any structure in the subdivision.

Open space covenants, conditions and restrictions for private park or recreation facilities shall be recorded concurrently with the final subdivision map or final parcel map.

Fees determined pursuant to Section 18.64.080B.07 shall be paid to the City Treasurer and shall be deposited into the subdivision park trust fund, or its successor. Money in said fund, including accrued interest, shall be expended solely for the acquisition or development of park land or improvements related thereto in accordance with this chapter.

Collected fees shall be committed within five (5) years after payment thereof or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.

The City Treasurer shall report to the City Council at least once annually on the income, expenditures and status of the subdivision park trust fund.

Subdivisions containing less than five (5) parcels and not used for residential purposes. However, a condition shall be placed on the approval of any such parcel map that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee otherwise due pursuant to this chapter shall be required to be paid by the owner of such parcel as a condition to the issuance of such permit;

Commercial or industrial subdivisions;

Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing department building which is more than five (5) years old when no new dwelling units are added.

There are adopted by reference, as though set out in full, the provisions of Subsections (a)(1) through (a)(6) of Section 66484 of the Subdivision Map Act, and the provisions so adopted shall constitute the local ordinance required for the imposition of fees for bridges and major thoroughfares.

As required by Subsection (a) of Section 66484, reference is made to the circulation element of the General Plan and the appropriate provisions thereof.

As permitted by Subsection (f) of Section 66484, considerations, as determined appropriate by the City Council, may be accepted in lieu of the payment of fees under this chapter.

Improvement plans shall be prepared by or under the supervision of a registered civil engineer and shall conform to this chapter and any other applicable improvement standards adopted by the City Council. The form, layout, scale and other particulars of the plans and the number of copies to be provided, shall be in accordance with the requirements of the City Engineer.

The final map shall not be deemed to be submitted for approval until the preparation of the plans is completed and the plans have been accepted by the City Engineer.

Standard engineering fees to be charged by the City for the checking of plans by the City Engineer shall be determined by resolution of the City Council.

If the required improvements are not completed to the satisfaction of the City Engineer before a final map or parcel map is filed, the subdivider shall enter into one (1) of the following agreements with the City:

This section shall be deemed the local ordinance regarding an agreement to install improvements pursuant to Section 66411.1 of the Subdivision Map Act for subdivisions of five (5) or less parcels and the agreement executed pursuant hereto shall be the applicable agreement.

One hundred percent (100%) of the total estimated cost of the improvement or act to be performed conditioned upon the faithful performance of the act or agreement;

One hundred percent (100%) of the total estimated cost of the improvement or act to be performed, securing payment to the contractor, the subcontractors, and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act;

The amount determined by the City Council to be necessary to guarantee and warrant the work for a period of one (1) year following completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

The subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if developed to the maximum density shown on the General Plan or contains one hundred (100) acres or more; and

The City finds that transit services are or will, within a reasonable time period, be made available to the subdivision.

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

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;

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

In the event any or all of the required monuments are to be set after recordation of the final map or parcel map, the engineer or surveyor certificate shall specify the date established by the City Engineer by which the monuments will be set. The subdivider shall, prior to the time the final or parcel map is approved by the City, furnish to the City an agreement to install the monuments together with security approved by the City Attorney in an amount equal to the estimated cost of setting such deferred monuments.

In the event the deferred monuments are not set within the period of time specified, or within the approved extended period of time; and provided, that all improvement work has been completed, the City Engineer shall give written notice directing the engineer or surveyor of record to set such monuments within sixty (60) days.

If the engineer or surveyor of record fails to set the monuments within the time specified, the City Engineer shall take action to have a substitute engineer or surveyor set the monuments required. The City Engineer shall pay the substitute engineer or surveyor from the security provided by the subdivider.

Requests for modifications shall be filed in writing by the subdivider with the Community Development Director upon a form and in a number of copies required for that purpose as specified by the City Engineer. In addition to any other information or material required, the request for modifications shall be accompanied by a written statement of the subdivider agreeing to an extension of time for action on the tentative subdivision or parcel map by the Planning Commission. The purpose for the extension of time is to permit staff time to examine the merits of the application for modification and to report on the same to the approving authority.

Each application shall state fully the nature and extent of the desired modifications, the reasons therefor, and the facts relied upon. A nonrefundable fee to be determined by the City Council by resolution shall accompany each request for a modification. The fee shall be in addition to any fee required for processing the tentative subdivision or parcel map.

The Community Development Director for parcel maps or the Planning Commission for tentative maps shall consider the request for modification at the time it considers the parcel or tentative map. At that time the approving authority shall proceed to hear testimony of the subdivider or the subdivider's designated representative and any witnesses on the subdivider's behalf, and the testimony of any other interested person.

The approving authority shall, at the time it takes action on the tentative subdivision or parcel map, determine, on the basis of the evidence and testimony received, whether such modification be granted, conditionally granted or denied.

That the property to be divided is of such size or shape, or is affected by such topographical conditions, or that there are special circumstances or conditions affecting the property that it is impossible, impractical or undesirable in the particular case to conform to the strict application of this title;

That the modification will not be detrimental to the public health, safety and welfare or be injurious to other properties in the vicinity of the property to be divided;

That the modification is in accord with the intent and purposes of this code and is consistent with the General Plan.

Except as otherwise provided in this chapter, the City Engineer and the Community Development Director shall enforce these regulations and the Subdivision Map Act within the City.

The City Attorney is authorized on behalf of the City to file a suit in the superior court or other court of competent jurisdiction to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act, this title, or the conditions and terms of approval granted pursuant to this chapter.