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The provisions of this article constitute the City of Grass Valley Subdivision Ordinance. These provisions are intended to supplement, implement, and work with the Subdivision Map Act, California Government Code Section 66410 et seq. (hereafter referred to as the "Map Act"). This article is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions.

This article is adopted in compliance with the Map Act as a "local ordinance," as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated into this article shall, nevertheless, apply to all subdivision maps and proceedings under this article.

A.

Subdivision Approval Required. Each subdivision of land within the city shall be authorized through the approval of a map or other entitlement in compliance with this chapter.

B.

Conflicts with Map Act. In the event of any conflicts between the provisions of this chapter and the Map Act, the Map Act shall control.

C.

Compliance with Other Regulations Required. The approval or conditional approval of a subdivision map shall not authorize an exception or deviation from any zoning regulation in this development code, or as an approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the city.

Definitions of the technical terms and phrases used in this article are in Article 10 (glossary) under "subdivision."

The director and city engineer are authorized and directed to administer and enforce the provisions of this article and applicable provisions of the Map Act for subdivisions within the city, except as otherwise provided by this article.

A.

Advisory Agency Established. The advisory agency for subdivision review shall be the planning commission.

B.

Authority and Duties. The advisory agency shall perform the following duties, and as further detailed in Section 17.80.070 (authority for subdivision decisions):

1.

Approve, conditionally approve, or disapprove tentative maps;

2.

Recommend to the council the approval, conditional approval, or disapproval of requests for exceptions to the city's design and improvement standards, in compliance with Section 17.80.100 (exceptions to subdivision standards);

3.

Recommend modifications of the requirements of this article;

4.

Review and make recommendations concerning proposed subdivisions in compliance with the Map Act; and

5.

Perform additional duties and exercise additional authorities as prescribed by law and by this article.

Table 8-1 (subdivision review authority) identifies the city official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this article.

TABLE 8-1 SUBDIVISION REVIEW AUTHORITY

The subdivision of an existing parcel into two or more parcels shall require approval by the city in compliance with this article. In general, the procedure for subdivision first requires the approval of a tentative map, and then the approval of a parcel map for a subdivision creating four or fewer parcels, or a final map for a subdivision creating five or more parcels, to complete the subdivision process. The tentative map review process evaluates the compliance of the proposed subdivision with the adopted city standards, and the appropriateness of the proposed subdivision design. Parcel and final maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the county recorder.

A.

Tentative Map Requirements. The filing and approval of a tentative map is required for:

1.

A subdivision or resubdivision of four or fewer parcels, as authorized by Map Act Section 66428; and

2.

A subdivision or resubdivision or of five or more parcels, and all other types of subdivisions required to have tentative map approval by Map Act Section 66426.

B.

Parcel and Final Map Requirements. A parcel or final map shall be required as follows:

1.

Parcel Map. The filing and approval of a parcel map (Chapter 17.82) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Map Act Article 2, Chapter 1, except for the following subdivisions:

a.

Public Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the director determines based on substantial evidence that public policy necessitates a parcel map in an individual case;

b.

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

c.

Waived Parcel Map. A subdivision that has been granted a waiver of parcel map requirements in compliance with Section 17.82.030 (waiver of parcel map).

2.

Final Map. The filing and approval of a final map (Chapter 17.82) shall be required for a subdivision of five or more parcels.

C.

Exemptions from Subdivision Approval Requirements. The types of subdivisions identified by Map Act Sections 66411, 66412, 66412.1, 66412.2, and 66426.5, or other applicable Map Act provision as not being subject to the requirements of the Map Act, and/or not being considered to be divisions of land for the purposes of the Map Act, shall be exempt from the subdivision approval requirements of this article.

D.

SB-9. A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets the necessary requirements.

(Ord. No. 818, § 3(Exh. A), 9-13-2022)

A subdivision application deemed approved in compliance with Government Code Sections 65956, or 66452 et seq., shall comply with all applicable provisions of this development code, and any conditions imposed by the review authority, which shall be satisfied by the subdivider before any zoning approval or building permit is issued. A parcel or final map filed for record after its tentative map is deemed approved shall remain subject to all the mandatory requirements of this article and the Map Act, including Map Act Sections 66473, 66473.5 and 66474.

An exception to a provision of Chapter 17.88 (subdivision standards) may be requested by a subdivider in compliance with this section. An exception shall not be used to waive or modify a provision of the Map Act, or a provision of this article that is duplicated or paraphrased from the Map Act.

A.

Application. An application for an exception shall be submitted on forms provided by the department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

B.

Filing and Processing. A request for an exception shall be filed and processed as follows:

1.

An exception shall be processed and acted upon in the same manner as the tentative map, concurrently with the tentative map if the exception request was filed at the same time.

2.

The approval of an exception shall not constitute approval of the tentative map and the approval or denial of an exception shall not extend the time limits for the expiration of the map established by Section 17.81.130 (tentative map time limits and expiration).

3.

An exception request may be filed after the approval of a tentative map, but shall be considered by the tentative map review authority in the same manner (e.g., after a public hearing) as the original tentative map.

C.

Approval of Exception. The council may approve or deny exception requests in compliance with this section. The council shall not grant an exception unless all the following findings are first made:

1.

For exceptions granting relief of a specified requirement or standard:

a.

Due to special circumstances or conditions affecting this property, the strict application of Chapter 17.88 would create an unnecessary hardship;

b.

The exception is consistent with the intent of the requirements of Chapter 17.88 and does not constitute a grant of special privilege;

c.

The exception would not result in significant increased adverse environmental impacts compared to the strict application of the requirements of Chapter 17.88;

d.

The granting of the exception will not be detrimental to the public health, safety, convenience and general welfare or injurious to other property in the territory in which said property is situated; and

e.

The exception will not affect the consistency of the proposed subdivision with the general plan or any applicable specific plan.

D.

Conditions of Approval. In granting an exception, the council shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.

Any interested person may appeal any decision of the director or city engineer to the commission, and may appeal any decision of the commission to the council, in compliance with Chapter 17.91 (appeals). In accordance with Map Act 66452.5, any appeal of a project that includes a subdivision map shall be filed with the clerk of the appeal board, or if there is none, with the clerk of the legislative body within ten days after the action of the advisory agency from which the appeal is being taken.

(Ord. No. 818, § 3(Exh. A), 9-13-2022)

A.

Violations. Any person who violates any provision of this article shall be subject to the penalties specified by Map Act Division 2, Chapter 7, Article 1 and/or, where applicable, shall be guilty of a misdemeanor or infraction as specified in Chapter 17.98 of this development code (enforcement).

B.

Remedies. If construction activity on property subject to a final map or parcel map is occurring contrary to the Map Act, a requirement of the map, or any other federal, state, or local law, rule, or ordinance, the city engineer may order the activity stopped by written notice served on any person responsible for the activity, in addition to the remedies outlined in Map Act Division 2, Chapter 7, Article 2. The responsible person shall immediately stop the activity until authorized by the city engineer to proceed. For the purposes of this section, construction activities include grading, earth moving, and/or tree removal.

This chapter establishes requirements for the preparation, filing, approval or disapproval of tentative maps, consistent with the requirements of the Map Act.

Tentative map submittal shall include the application forms, and all information and other materials prepared as required by the department and the city engineer.

A.

General Filing and Processing Requirements. A tentative map application shall be submitted to the department for processing, and shall be:

1.

Reviewed for completeness and accuracy;

2.

Referred to affected agencies;

3.

Reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable; and

4.

Evaluated in a staff report in compliance with Chapter 17.70 (permit application filing and processing).

B.

Referral to Affected Agencies. The procedure provided by this subsection is in addition to the procedures in Chapter 17.70 (permit application filing and processing).

1.

Required Referrals. The director shall refer a tentative map application for review and comment to agencies that will be expected to provide service to the proposed subdivision, including, as appropriate, city departments, city agencies, other cities, special districts, and local agencies, public utilities, and state agencies.

2.

Time Limits for Referrals. As required by Map Act Sections 66453 through 66455.7, referral shall occur within five days of the tentative map application being determined to be complete in compliance with Section 17.70.070 (initial application review). An agency wishing to respond to a referral shall provide the department with its recommendations within fifteen days after receiving the tentative map application.

After completion of the initial processing and the application being deemed complete in compliance with Section 17.70.070, the director shall:

A.

Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this development code, the general plan, any applicable specific plan, the California Environmental Quality Act (CEQA), and the Map Act in compliance with Map Act Section 66474.2;

B.

Determine the extent to which the proposed subdivision complies with the findings in Section 17.81.060 (tentative map approval or disapproval); and

C.

Prepare a staff report to the review authority describing the conclusions of the evaluations of the map, and recommending to the review authority the approval, conditional approval, or denial of the tentative map. The staff report shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Section 17.84.030) at least three days before any hearing or action on the tentative map by the review authority in compliance with Section 17.81.050 or 17.81.060.

After completion of the evaluation and report required by Section 17.81.040, the commission shall:

A.

Conduct a public hearing on the proposed tentative map in compliance with Chapter 17.92 (public hearings), and consider the recommendations of the director, any agency comments on the map, and any public testimony;

B.

Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this development code, the general plan, any specific plan, and the Map Act. The evaluation shall be based on the staff report, information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received; and

C.

Within thirty days after the filing of the report and recommendation of the director with the commission, but no later than fifty days after the tentative map application was deemed complete in compliance with Section 17.70.070 (initial application review) approve, conditionally approve, or disapprove the tentative map.

Tentative map approval shall require that the commission first make all findings required by Section 17.81.060 (tentative map approval or disapproval). The commission may require conditions of approval in compliance with Section 17.81.070 (conditions of approval). A decision by the commission to approve, conditionally approve, or deny a tentative map may be appealed to the council, in compliance with Chapter 17.91 (appeals).

In order to approve or recommend the approval of a tentative map and conditions of approval, or to disapprove a tentative map, the review authority shall first make the findings required by this section. In determining whether to approve a tentative map, the city shall apply only those ordinances, policies, and standards in effect at the date the department determined that the application was complete in compliance with Section 17.81.030 (tentative map filing, initial processing), except where the city has initiated general plan, specific plan or development Code changes, and provided public notice as required by Map Act Section 66474.2.

A.

Required Findings for Approval. The review authority may approve a tentative map only after first finding that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, and any applicable specific plan, and that none of the findings for denial in Subsection C. can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6.

B.

Supplemental Findings. In addition to the findings required for approval of a tentative map by Subsection A. above, the review authority shall not approve a tentative map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.

1.

Construction of Improvements. In the case of a tentative map for a subdivision that will require a subsequent parcel map, it is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of road improvements within a specified time after recordation of the parcel map.

2.

Condominiums. Any applicable findings required by Section 17.84.030 for condominium conversions.

3.

Waiver of Parcel Map. The findings required by Section 17.82.030 (waiver of parcel map), if waiver of a parcel map has been requested with the tentative map application.

C.

Findings Requiring Denial. A tentative map, or a parcel map for which a tentative map was not required shall be denied if the review authority makes any of the following findings, as required by Map Act Sections 66474, and 66474.6.

1.

The proposed map, and/or subdivision design or improvements are not consistent with the general plan or any applicable specific plan;

2.

The site is not physically suitable for the type or proposed density of development;

3.

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;

4.

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

5.

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. This finding may not be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgement of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision; or

6.

The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Council.

7.

The action will not appropriately balance the housing needs of the region against the public service needs of city residents and available fiscal and environmental resources.

8.

The design of the subdivision does not provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

Along with the approval of a tentative map, the council may adopt any conditions of approval deemed necessary to carry out the purposes of this development code, provided that all conditions shall be consistent with the requirements of the Map Act.

The approval of a tentative map shall become effective for the purposes of filing a parcel or final map, including compliance with conditions of approval, upon approval of the review authority.

A subdivider may request changes to an approved tentative map or its conditions of approval before recordation of a parcel or final map in compliance with this section. Changes to a parcel or final map after recordation are subject to Section 17.82.120 (amendments to recorded maps).

A.

Limitation on Allowed Changes. Changes to a tentative map that may be requested by a subdivider in compliance with this section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by Subsection D. of this section. All other proposed changes shall require the filing and processing of a new tentative map.

B.

Application for Changes. The subdivider shall file an application and filing fee with the department, using the forms furnished by the department, together with the following additional information:

1.

A statement identifying the tentative map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and

2.

Any additional information deemed appropriate by the department.

C.

Processing. Proposed changes to a tentative map or conditions of approval shall be processed in the same manner as the original tentative map, except as otherwise provided by this section.

D.

Findings for Approval. The review authority shall not modify the approved tentative map or conditions of approval unless it first finds that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by Sections 17.81.060.A and B. can still be made:

1.

There was a material mistake of fact in the deliberations leading to the original approval;

2.

There has been a change of circumstances related to the original approval; or

3.

A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this development code.

E.

Effect of Changes on Time Limits. Approved changes to a tentative map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits provided by Section 17.81.130 (tentative map time limits and expiration).

A.

Compliance with Conditions, Improvement Plans. After approval of a tentative map in compliance with this chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file and receive approval of improvement plans in compliance with Chapter 17.88 (subdivision standards), before constructing any required improvements.

B.

Parcel or Final Map Preparation, Filing and Recordation.

1.

A parcel map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded in compliance with Chapter 17.82 (parcel maps and final maps), to complete the subdivision, unless a parcel map has been waived in compliance with Section 17.82.030 (waiver of parcel map).

2.

A final map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Chapter 17.82 (parcel maps and final maps), to complete the subdivision.

The preparation, filing, processing, approval or disapproval, of a vesting tentative map shall comply with Map Act Sections 66452 and 66498.1 et seq.

An approved tentative map is valid for thirty-six months after its effective date (Section 17.81.080), except as otherwise provided by Map Act Sections 66452.6, 66452.11, 66452.13, or 66463.5. At the end of thirty-siz months, the approval shall expire and become void unless:

A.

A parcel or final map, and related security and improvement agreements, have been filed with the city engineer in compliance with Chapter 17.82 (parcel maps and final maps); or

B.

An extension of time has been granted in compliance with Section 17.81.140.

Expiration of an approved tentative map or vesting tentative map shall terminate all proceedings. The application shall not be reactivated unless a new tentative map application is filed.

When a subdivider has not completed all tentative map or vesting tentative map conditions of approval and filed a parcel or final map with the city within the time limits established by Section 17.81.130, time extensions may be granted in compliance with this section.

A.

Filing of Extension Request. An extension request shall be in writing and shall be filed with the department on or before the date of expiration of the approval or previous extension, together with the required filing fee.

B.

Approval of Extension. The review authority may grant two thirty-six-month extensions to the initial time limit, only after finding that:

1.

There have been no changes to the provisions of the general plan, any applicable specific plan or this development code applicable to the project since the approval of the tentative map;

2.

There have been no changes in the character of the site or its surroundings that affect how the policies of the general plan or other standards of this development code apply to the project; and

3.

There have been no changes to the capacities of community resources, including, but not limited to, water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project.

A time extension of more than six years may be granted only in compliance with Subdivision Map Act Section 66452.6.

This chapter establishes requirements for the preparation, filing, approval and recordation of parcel and final maps, consistent with the requirements of the Map Act.

As required by Sections 17.80.080 (type of subdivision approval required), and 17.81.100 (completion of subdivision process), a parcel map shall be filed and approved to complete the subdivision process for a subdivision of four or fewer parcels, except when the requirement for a parcel map is waived as set forth in Section 17.82.030. A parcel map shall be prepared, filed and processed as set forth in Section 17.82.050, et seq.

A subdivider may request the waiver of the requirement for a parcel map, and the waiver may be granted, in compliance with the Map Act Section 66428, provided that the review authority shall first find that the proposed subdivision complies with the requirements of this development code and the Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and all other applicable requirements of this article and the Map Act.

A parcel map shall be prepared by or under the direction of a qualified, registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Parcel map submittal shall include the application forms, and all information and other materials prepared as required by the engineering department.

A.

Filing with the City Engineer. The parcel map, together with all data, information and materials required by Section 17.82.040 shall be submitted to the city engineer. The parcel map shall be considered submitted when it is complete and complies with all applicable provisions of this development code and the Map Act.

B.

Review of Parcel Map. The city engineer shall:

1.

Determine whether all applicable provisions of this development code and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved tentative map; and

2.

Obtain verification from the department that the parcel map conforms to the approved tentative map and that any conditions of approval for which that office is responsible have been completed.

If the parcel map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the parcel map, together with all required data, if the tentative map has not expired.

After determining that the parcel map is in compliance and is technically correct in compliance with Section 17.82.030, the city engineer shall execute the city engineer's certificate, the city surveyor shall execute the city surveyor's certificate, and the council shall approve, if necessary, the parcel map, and the city engineer shall transmit the map to the county recorder for filing in compliance with Map Act Section 66450.

As required by Section 17.80.080 (type of subdivision approval required), a final map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels. A final map shall be prepared, filed and processed in compliance with Section 17.82.080 et seq.

A final map shall be prepared by or under the direction of a qualified registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Final map submittal shall include all information and other materials prepared as required by the engineering department. A final map submittal shall also include a computer drawing file of the final map, prepared using computer software and standards specified by the city engineer, in addition to two copies of the final map on double matte mylar.

A.

Filing with City Engineer. The final map, together with all data, information and materials required by Section 17.82.080 shall be submitted to the city engineer. The final map shall be considered submitted when it is complete and complies with all applicable provisions of this development code and the Map Act.

B.

Review of Final Map. The city engineer shall review the final map and all accompanying materials, and shall:

1.

Determine whether all applicable provisions of this development code and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved tentative map; and

2.

Obtain verification from the department that the final map conforms to the approved tentative map and that any conditions of approval for which that office is responsible have been completed.

If the final map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the final map, together with all required data, if the tentative map has not expired.

C.

Multiple Final Maps. Multiple final maps may be filed if the subdivider included a statement of intention with the tentative map that he or she would submit multiple phased final maps.

After determining that the final map is in compliance with Section 17.82.080, and is technically correct, the city engineer and city surveyor shall execute the city engineer's and city surveyor's certificates on the map in compliance with Map Act Section 66442, and approve the final map as follows.

A.

Review and Approval. The council shall approve or disapprove the final map as follows:

1.

Criteria for Approval. The city engineer, city surveyor, and council shall approve the final map if it conforms to all the requirements of the Map Act, all provisions of this development code that were applicable at the time that the tentative map was approved, and is in substantial compliance with the approved tentative map.

2.

Waiver of Errors. As required by Map Act Section 66473, the review authority may approve a final map that fails to meet any of the requirements of this development code or the Map Act applicable at the time of approval of the tentative map, when the review authority determines that the failure of the map is a technical or inadvertent error which, in the determination of the review authority does not materially affect the validity of the map.

3.

Approval by Inaction. As required by the Map Act, if the city does not approve or disapprove the final map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements, it shall be deemed approved, and the city clerk shall certify their approval on the map.

B.

Map with Dedications. If a dedication or offer of dedication is required on the final map, the council shall review and approve the map in compliance with Subsection A., and shall accept, accept subject to improvement, or reject with or without prejudice any or all offers of dedication, at the same time as it takes action to approve the final map. If the city council rejects the offer of dedication, the offer shall remain open and may be accepted by the city council at a later date pursuant to Map Act Section 66477.2. Any termination of an offer of dedication shall be processed in compliance with Map Act Section 66477.2 and the street vacation procedure.

C.

Map with Incomplete Improvements. If improvements required by this development code, conditions of approval, or other law have not been completed at the time of approval of the final map, the review authority shall require the subdivider to enter into an agreement with the city as specified in Map Act Section 66462, and Section 17.88.070 (improvement agreements and security), as a condition precedent to the approval of the final map.

D.

Transmittal to Recorder. After approval, and after the required signatures and seals have been affixed, the city clerk shall transmit the final map to county recorder for filing.

In addition to the information required to be included in parcel maps and final maps (Sections 17.82.040 and 17.82.080, respectively), additional information may be required to be submitted and recorded simultaneously with a final map as required by this section.

A.

Preparation and Form. The additional information required by this section shall be presented in the form of additional map sheets, unless the director determines that the type of information required would be more clearly and understandably presented in the form of a report or other document. The additional map sheet or sheets shall be prepared in the same manner and in substantially the same form as required for parcel maps by Section 17.82.040 (parcel map form and content).

B.

Content of Information Sheets. Supplemental information sheets shall contain the following statements and information:

1.

Title. A title sheet, including the number assigned to the accompanying parcel or final map by the city engineer, the words "supplemental information sheet;"

2.

Explanatory Statement. A statement following the title sheet that the supplemental information sheet is recorded along with the subject parcel or final map, and that the additional information being recorded with the parcel or final map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title of interest;

3.

Location Map. A location map, at a scale not to exceed one inch equals one thousand feet. The map shall indicate the location of the subdivision within the city;

4.

Soils or Geologic Hazards Reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the name of the engineer making the report; and

5.

Information Required by Conditions of Approval. Any information required by the review authority to be included on the supplemental information sheets because of its importance to potential successors in interest to the property, including any other easements or dedications.

A recorded parcel or final map shall be modified to correct errors in the recorded map or to change characteristics of the approved subdivision only as set forth in this section.

A.

Corrections. In the event that errors in a parcel or final map are discovered after recordation, or that other corrections are necessary, the corrections may be accomplished by either the filing of a certificate of correction or an amending map, in compliance with Article 7, Chapter 3 of the Map Act. For the purposes of this section, "errors" include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the parcel or final map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the city engineer that does not affect any property right, including, but not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed.

B.

Changes to Approved Subdivision. In the event that a subdivider wishes to change the characteristics of an approved subdivision, including, but not limited to, the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with Section 17.88.070 (improvement agreements and security), a new tentative and parcel or final map shall be filed and approved as required by Section 17.80.080 (type of subdivision approval required).

This chapter establishes requirements consistent with the Map Act for certificates of compliance, condominiums and condominium conversions, lot line adjustments, parcel mergers, and reversion to acreage.

The city shall process and approve or disapprove applications for certificates of compliance as provided by Map Act Sections 66499.34 and 66499.35, and as follows:

A.

Application. An application for the approval of a certificate of compliance or conditional certificate of compliance shall be filed with the city engineer and include the information required by the director, together with the processing fee specified by the city fee schedule.

B.

Review by City Engineer. The city engineer and city surveyor shall review the completed application in the light of public records and applicable law. If the city engineer is able to determine that the parcel is clearly in compliance with the provisions of this article and the Map Act, a certificate of compliance shall be issued for the parcel and delivered the county recorder for recordation. If the city engineer is unable to determine that the parcel is clearly in compliance, the procedures identified in Map Act Section 66499.35 shall apply.

Condominiums and condominium conversions shall comply with the following requirements, and the limitations and standards in Section 17.44.080 (condominium conversions).

A.

Condominiums. When a residential structure is proposed at the time of construction as a condominium, community apartment project, or stock cooperative, a tentative map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 17.81 (tentative map filing and processing). Chapter 17.82 (parcel maps and final maps) determines whether a parcel or final map shall also be filed.

B.

Condominium Conversions. A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code. A condominium conversion shall comply with the following procedural requirements, in addition to the standards for condominium conversions in Section 17.44.080 (condominium conversions):

1.

Approvals Required. A conversion shall require the approval of a tentative map, and parcel or final map, except where a parcel map, or tentative and final map are waived in compliance with Map Act Sections 66428(b) or 66428.1, for the conversion of a mobile home park. If a parcel map is waived, a tentative map shall still be required.

2.

Application Filing and Processing. A tentative map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Chapter 17.81 (tentative map filing and processing), except as otherwise provided by the following provisions of this section.

3.

Application Contents. Condominium conversion applications shall include the same information and materials as tentative map applications, except for conversions of residential projects, which shall also include the following information and materials:

a.

Tentative Map. The tentative map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how subdivision will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units.

b.

Verification of Stock Cooperative Vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10.

c.

Relocation Assistance Program. A program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing.

d.

Vacancy Rate Assessment. An assessment of the vacancy rate in multi-family housing within the city.

4.

Staff Report. The staff report on the tentative map for the condominium conversion (Section 17.81.040) shall be provided to the subdivider and each tenant of the subject property at least three days before any hearing or action on the tentative map by the commission or council.

5.

Public Notice. The following notice shall be provided in addition to that required by Chapter 17.92 (public hearings):

a.

Tenant Notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the department satisfactory proof that the notice was given; and

b.

Public Hearing Notice. Notice of the public hearing(s) on the tentative map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.

6.

Approval of Conversion, Required Findings.

a.

Time Limit, Stock Cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within one hundred twenty days of the application being found complete in compliance with Section 17.81.030 (tentative map filing, initial processing). The one hundred twenty-day time limit may be extended by mutual consent of the subdivider and the city.

b.

Conversion Findings, Residential Projects. Approval of a tentative or final map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings in Map Act Section 66427.1 are first made.

7.

Completion of Conversion. The filing, approval and recordation of a parcel map or final map in compliance with Chapter 17.82 (parcel maps and final maps) shall be required to complete the subdivision process, except where a parcel map, or tentative and final map are waived for the conversion of a mobile home park in compliance with Map Act Section 66428(b).

A lot line adjustment is permissible in compliance with Map Act Section 66412(d), and as follows:

A.

Application Requirements. An application for a lot line adjustment shall be filed with the director and shall include the information required by the director, together with the processing fee specified by the city fee schedule.

B.

Lot Line Adjustment Approval. After consultation with the department, the city engineer shall approve a lot line adjustment provided that all criteria identified in Map Act Section 66412(d) are met to the director's satisfaction. After city approval, the applicant shall be responsible for recording the approval document and paying the necessary fees charged by the county recorder for recording lot line adjustment approval documents in compliance with the Map Act.

A.

Procedures for Merger of Parcels. Two or more parcels may be merged as follows.

1.

Parcels may be merged in compliance with Map Act Chapter 3, Article 1.5. A parcel or unit may be merged with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size as identified by this development code applicable to the parcels or units of land, and if all of the requirements of Map Act Section 66451.11 are satisfied.

2.

Parcels may also be merged in compliance with Map Act Sections 66499.20-1/2, or 66499.20-3/4; provided that a merger in compliance with Map Act Section 66499.20-3/4 shall require the recordation of an instrument evidencing the merger in the same manner as required by Map Act Section 66499.20-1/2.

B.

Requirements for Unmerger of Parcels. The unmerger of parcels within the city shall comply with Map Act Chapter 3, Article 1.7.

A.

A reversion to acreage shall be initiated, processed, reviewed, and approved or denied in compliance with Map Act Chapter 6, Article 1.

B.

An application for reversion submitted by a property owner shall include all information required by the department, and shall include the fee required by the city fee schedule.

C.

A parcel map may be filed to revert to acreage land previously subdivided that consists of four or less contiguous parcels, in compliance with Map Act Section 66499.20-1/4.

This chapter establishes standards for subdivider dedications of land or payment of fees, in conjunction with subdivision approval.

Each proposed subdivision shall comply with the requirements of this chapter for dedications, reservations, or the payment of fees.

A.

Purpose. This section provides for the dedication of land and/or the payment of fees to the city for park and recreational purposes as a condition of the approval of a tentative map. This section is enacted as authorized by the provisions of Chapter 4, Article 3 of the Map Act, also known as the "Quimby Act."

B.

Applicability.

1.

Land Dedication and/or Fee Payment Required. As a condition of tentative map approval, the subdivider shall dedicate land and/or pay a fee, at the option of the council, in compliance with this section for the purpose of developing new or rehabilitating existing park or recreation facilities to serve the subdivision.

2.

Exemptions. The provisions of this section do not apply to industrial or commercial 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, or to any other subdivision exempted by Map Act Section 66477.

C.

Amount of Parkland Required.

1.

General Standard. It is found and determined that the public interest, convenience, health, welfare, and safety require that five acres of property for each one thousand persons residing within this city be devoted to neighborhood and community park and recreational purposes.

2.

Dedication Requirement for Residential Subdivisions. The amount of contiguous acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the number of dwelling units expected in the subdivision. The required dedication shall be computed using the following formula:

X = .005(U)(P)

Where:

X = Amount of parkland required, in acres.

U = Total number of approved dwelling units in the subdivision.

P = 3.104 for detached single dwellings;

2.438 for attached single dwellings;

1.664 for duplexes, and multi-family dwellings containing four or fewer dwelling units;

2.107 for multi-family dwellings containing five or more units; and

1.738 for mobile homes.

Example:

.005 x 50 units x 3.104 = 0.78 acres of parkland required.

D.

Formula for Fees in Lieu of Land.

1.

If the entire parkland obligation for a proposed residential subdivision is not satisfied by dedication in compliance with Subsection C. above, the subdivider shall pay a fee to the city in lieu of dedication, as a condition of tentative map approval. The fee shall equal the acreage of parkland obligation derived from the formula in Subsection C., less the amount of parkland, if any, offered for dedication by the subdivider, times the average per-acre fair market value for the appropriate park planning area, plus twenty percent toward the cost of off-site improvements (e.g., utility line extensions).

2.

For purposes of determining the required fee, the term "fair market value" shall mean the market value of the land as determined by the staff of the city, and approved by the council, immediately prior the receipt of the final map by the council. The subdivider shall notify the city of the expected submittal date of the final map at least six weeks prior to the submittal of the final map to the department, to permit the city to select a certified land appraiser and prepare an appraisal. The subdivider shall pay the city's costs for an independent appraiser. If more than one year elapses from the date that the final map is approved by the council and the date the subdivider obtains their first building permit, the city will prepare a new appraisal and will bill the subdivider for the cost of reappraisal. Any in-lieu fees remaining unpaid after the one-year period shall be based on the new appraisal.

3.

If the subdivider or city staff object to the valuation, they may appeal the determination in compliance with Chapter 17.91 (appeals); provided that the burden of proof on all issues shall lie with the subdivider.

E.

Fees Only. Only the payment of fees shall be required in subdivisions of fifty parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds fifty dwelling units, dedication of land may be required even though the number of actual parcels may be less than fifty.

Nothing in this section prohibits the dedication of land for park and recreation purposes in a subdivision of less than fifty parcels where the subdivider proposes the dedication voluntarily and the land is acceptable to the city.

F.

Criteria for Requiring Dedication and Fees. In subdivisions of over fifty parcels, the city may require the subdivider to dedicate both land and pay a fee, as follows:

1.

Determination of Land or Fee. Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

a.

The general plan and/or park and recreation master plan, and the compatibility of dedication with the general plan and/or park and recreation master plan;

b.

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

c.

Feasibility of dedication; and

d.

Proximity to and availability of previously acquired park property.

[2.

Reserved.]

3.

Procedure for Determining Land or Fee. The review authority shall determine whether the subdivider shall dedicate land, pay in-lieu fees, or provide a combination of both, at the time of tentative map approval. The determination of the review authority shall be based on a report and recommendation from the director. The recommendation by the director and the action of the review authority shall consider the factors in Subsection F.1 above, and shall include the following:

a.

The amount of land required;

b.

Whether a fee shall be charged in lieu of land;

c.

Whether land and a fee shall be required;

d.

The location and suitability (i.e., accessible and usable for park purposes and acceptable to the city) of the park land to be dedicated or use of in-lieu fees; and

e.

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

The determination of the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

4.

Land and Fees. A requirement for both land dedication and fee payment shall comply with the following standards:

a.

When only a portion of the land to be subdivided is proposed in the general plan or applicable specific plan as the site for a local park, that portion shall be dedicated for local park purposes, and a fee computed as provided by Subsection D. shall be paid for any additional land that would have been required to be dedicated by Subsection C.

b.

When a major part of the local park or recreational site has been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated, and a fee computed as provided by Subsection D. shall be paid in an amount equal to the value of the land that would otherwise have been required to be dedicated by Subsection C. The fees shall be used for the improvement of the existing park or recreational facility serving the subdivision.

5.

Credit for Improvements. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land.

G.

Suitability of Land to be Dedicated. Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use.

1.

Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall not be considered when calculating the area of the park site provided in compliance with this section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline.

2.

Land intended for other than trail use shall have a maximum slope of five percent. If necessary, the site shall be graded by the subdivider to achieve this slope, in compliance with plans approved by the city. Land with an average slope of more than three percent may be counted as part of the park dedication requirement where the review authority determines that special circumstances exist that would make the acceptance of the land in the public interest. The amount of credit against the park obligation in these cases shall be calculated as shown in Table 6-2. Greater credit for sites in excess of three percent slope may be granted in the sole discretion of the review authority, where the review authority determines that a site contains an exceptional visual, biotic, or other natural resource.

TABLE 6-2 LIMIT ON CREDIT FOR DEDICATION OF SLOPING PROPERTY

3.

If the council determines that any of the land proposed to be dedicated is not suitable for park use, it may reject all or any portion of the land offered, and in that event the subdivider shall instead pay a fee in compliance with Subsection D., above.

H.

Conveyance of Land, Payment of Fees. Real property being dedicated for park purposes shall be conveyed by the parcel or final map in fee simple absolute, to the city by the subdivider, free and clear of all encumbrances except those which, in the opinion of city attorney, will not interfere with use of the property for park and recreational purposes, and which the council agrees to accept. The amount of required fees shall be deposited with the city at the time of submittal of a parcel or final map. The fees shall be held by the city until the map is recorded, or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land, and title insurance approved by city attorney in favor of the city in an amount equal to the value of the land.

This chapter establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the general plan and any applicable specific plan.

The requirements of this chapter apply as follows:

A.

Extent of Required Improvements. Each subdivision of four or fewer parcels, and each subdivision of five or more parcels, shall provide the improvements required by this chapter, the city's improvement standards, standard drawings and construction specifications, and any additional improvements required by conditions of approval.

B.

Applicable Design Standards, Timing of Installation. The subdivider shall construct all on- and off-site improvements according to standards approved by the city engineer. No final or parcel map shall be presented to the council for approval until the subdivider either completes the required improvements, or enters into a subdivision improvement agreement with the city for the work.

C.

Subdivision Improvement Standards—Conditions of Approval. The applicable subdivision improvement and dedication requirements of this chapter and any other improvements and dedications required by the review authority in compliance with Section 17.81.060 (tentative map approval or disapproval), shall be described in conditions of approval adopted for each approved tentative map (Section 17.81.070). The design, construction or installation of all subdivision improvements shall comply with the requirements of the city engineer.

D.

Oversizing of Improvements.

1.

At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the city, in compliance with Article 6, Chapter 4 of the Map Act.

2.

In the event that oversizing is required, the city shall comply with all applicable provisions of Map Act Sections 66485 et seq., including the reimbursement provisions of Map Act Section 66486.

3.

If a parcel proposed for subdivision is subject to an existing reimbursement agreement, the subdivider shall pay the required reimbursement prior to the recordation of the final map, or the issuance of a building permit for construction on the parcel, whichever occurs first.

E.

Exceptions. Exceptions to the requirements of this chapter may be requested and considered in compliance with Section 17.80.100 (exceptions to subdivision standards).

A.

Purpose. This section establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the general plan and any applicable specific plan.

B.

Applicability. Each subdivision shall be designed in compliance with the standards of this section, except where an exception is granted in compliance with Section 17.80.100 (exceptions to subdivision standards).

C.

Density of Residential Development. The maximum number of dwelling units within a proposed subdivision shall not exceed the density established by the general plan for the site and the maximum number of dwelling units permitted by the applicable zone.

D.

Roads and Streets. The layout, design, and construction of proposed roads and streets shall comply with the general plan, the city's standard specifications and drawings, and the following requirements:

1.

Interconnected Streets. Streets proposed within a new subdivision shall be interconnected and shall connect with adjacent streets external to the subdivision, to provide multiple routes for pedestrian and vehicle trips from, to, and within the subdivision, as determined by the review authority to be appropriate.

2.

Street Extensions and Stub Streets.

a.

Street Extensions. Where a proposed subdivision adjoins unsubdivided land, streets in the subdivision shall be extended to the adjacent unsubdivided land, as prescribed by the review authority, where determined to be appropriate to provide access to the unsubdivided land in the event of its future subdivision.

b.

Stub-End Street Improvements. In the case of stub-end streets extending to the boundary of the property, a barricade, of a design approved by the city engineer, shall be constructed at the end of the stub-end street, pending the extension of the street into adjacent property. Where required by the review authority, a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider.

3.

Traffic Calming. A subdivision that is subject to the requirements of this section shall incorporate traffic calming measures in compliance with the city's improvement standards as determined by the review authority to be appropriate.

4.

Pedestrian Walkways Away from Street Frontages. As part of subdivision approval, the city may require dedicated and improved pedestrian walkways in locations away from street frontages where necessary to provide safe and convenient pedestrian access to a public facility or to otherwise provide convenient connections between existing pedestrian routes. Where walkways are required, the city engineer shall specify standards for their design and construction.

5.

Street Dedications. A street that is not constructed to city standards will not be accepted by the city for dedication as a public street. However, even a street that complies with all applicable city standards may not be accepted for dedication. Acceptance of street dedication is at the discretion of the council.

6.

Bicycle Paths. The subdivider shall construct bicycle paths within an approved subdivision as determined by the review authority. In the event that the review authority determines that bicycle path construction within a subdivision would be infeasible or constitute unsound engineering, the review authority may grant the subdivider the option to pay into a bicycle path fund the amount per foot, as determined by the review authority.

7.

Bridges and Major Thoroughfares. The city may assess and collect fees as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares in compliance with Map Act Section 66484, after the city has established a master plan for bridge crossings and major thoroughfares by ordinance.

E.

Public Access to Public Resources. Each proposed subdivision shall be designed and constructed to provide public access to waterways, lakes, and reservoirs in compliance with Map Act Chapter 4, Article 3.5 (public access to public resources).

F.

Parcel Design. The size, shape and arrangement of proposed parcels shall comply with this section, and with any general plan policy, specific plan requirement, or other Municipal Code provision that applies to proposed subdivisions.

1.

General Parcel Design Standards.

a.

Each proposed parcel shall be determined by the review authority to be "buildable" because it contains at least one building site that can accommodate a structure in compliance with all applicable provisions of this development code.

b.

No subdivision shall be designed to leave unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the city or other appropriate entity for public use, or maintained as common area within the development.

2.

Parcel Area. Each proposed parcel shall comply with the minimum area requirements of the applicable zone established by Article 2 (zones, allowable land uses, and zone standards), except as otherwise provided by this section.

a.

Calculation of Area. When calculating the area of a parcel to determine compliance with this section, Article 2, or the general plan, the following shall be deducted from the gross area of any parcel, regardless of whether they may be used by the general public or are reserved for residents of the subdivision:

(1)

A vehicular or non-vehicular access easement through the parcel;

(2)

An easement for an open drainage course, whether a ditch, natural channel or floodway;

(3)

Other easement restricting the use of the property;

(4)

The "flag pole" (access strip) of a flag lot; or

(5)

Other non-usable areas as determined by the city engineer or director.

b.

Minimum Lot Area Requirements for Common Interest Projects. The minimum lot area requirements of Article 2 shall not apply to condominiums, condominium conversions, and townhouses, but shall apply to the creation of the original parcel or parcels that are the location of the condominium or townhouse.

3.

Dimensions. The dimensions of each new parcel shall comply with the requirements of the applicable zone established by Article 2 (zones, allowable land uses, and zone standards), or as otherwise required by the review authority.

4.

Lot Line Orientation. Side lot lines shall be at right angles to the street on straight streets and shall be approximately radial on curved streets.

5.

Parcel Configuration. The layout of proposed parcels and streets shall be designed to use land efficiently and minimize site disturbance in terms of cuts and fills and the removal of vegetation. See also the lot design provisions regarding energy conservation in Subsection G.

a.

Street Frontage Required. Each proposed parcel shall have frontage on a public or private street. The frontage width shall be at least the minimum lot width required by the applicable zone, except where a flag lot is approved in compliance with Subsection F.5.d (flag lots).

b.

Double-Frontage Lots. No parcel shall have streets abutting both the front and rear lot lines, except when necessary because of topographical or other physical conditions or where access from one of the roads is prohibited. (An alley is not considered a street for the purposes of this section.)

Vehicular access onto a double frontage lot shall generally be from the street with the lowest existing and projected traffic volumes, but with each proposed building designed so that its primary facade faces the higher volume street. The review authority may authorize alternative access locations where appropriate because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic.

c.

Cul-De-Sac Lots. The minimum street frontage width for each lot on a cul-de-sac street shall be twenty-five feet. The minimum depth of a parcel on a cul-de-sac shall be an average of ninety feet.

d.

Flag Lots. Flag lots shall generally not be permitted. A flag lot may be approved only where the Review Authority determines that unusual depth or other characteristic of a parcel to be subdivided prevents one or more proposed parcels from having a frontage width equal to the required minimum lot width. Where allowed, the "flag pole" portion of a flag lot shall have a minimum width of twenty feet; provided that the review authority may require additional width depending upon the length of the flag pole and traffic safety sight distance considerations. No more than two parcels shall be provided access from a single flag pole.

G.

Energy Conservation. Each proposed subdivision shall be designed to provide maximum opportunities for energy conservation, including opportunities for passive or natural heating or cooling opportunities, in compliance with Map Act Section 66473.1, as follows:

1.

Street Layout. The streets proposed in a subdivision shall be planned in a primarily east-west orientation where feasible.

2.

Lot and Building Site Design. Proposed lots shall be designed, where feasible, to provide building sites that permit the orientation of structures in east-west alignment for southern exposure, and to take advantage of existing shade or prevailing breezes.

H.

Walled or Gated Communities. No residential development within the city shall be entirely enclosed by a wall or fence, and no residential area shall be provided with gates or other limitations on general public pedestrian or vehicle access to the streets or sidewalks within the development.

Each new residential subdivision of twenty or more parcels shall comply with the requirements of this section in addition to the other requirements of this chapter, and address how new residential subdivisions shall relate to their surroundings.

A.

Develop "Neighborhoods." Each new residential subdivision shall be designed to integrate with adjacent development to ensure edges between existing and new development that provide for compatible densities, intensities, and design, as determined by the review authority. Subdivisions in city expansion areas shall be designed so that individual, separately developed projects work together to create distinct neighborhoods, instead of disjointed or isolated enclaves.

B.

Integrate Open Space. New subdivisions adjacent to planned or existing parks or other public open spaces (e.g., creeks, riparian areas), or the landscaped grounds of schools or other public facilities shall maximize visibility and pedestrian access to these areas. Where these facilities are not already planned, the subdivision shall be designed to provide usable public open spaces in the form of parks, linear bicycle and pedestrian trails, squares, and greens, as appropriate.

C.

Edges. "Gated communities," and other residential developments designed to appear or that function as walled-off areas, disconnected and isolated from the rest of the community, are prohibited. The security and noise attenuation objectives that may lead to consideration of walls and fences should instead be met by creative design that controls the height and length of walls, develops breaks and variations in relief, and uses landscaping, along with natural topographical changes, for screening.

D.

Scale. New residential subdivisions, and groups of subdivisions that, in effect, collectively create a new neighborhood, shall be designed to provide a "walkable" scale, that places all homes within one-quarter mile of neighborhood shopping opportunities, a neighborhood park, or a public facility that can serve as a "center" for the neighborhood. Where feasible, each neighborhood shall have a center that includes all three facilities.

E.

Site Planning. Residential subdivision and multi-family project site planning shall emphasize the needs of pedestrians and cyclists.

1.

Street Layout. New public streets and sidewalks shall be aligned with, and be connected to those of adjacent developments to interconnect the community.

a.

Pedestrian Orientation. Subdivision design shall emphasize pedestrian connectivity within each project, to adjacent neighborhoods, nearby schools and parks, and to transit stops within one-quarter mile of planned residential areas. All streets and walkways shall be designed to provide safe and pleasant conditions for pedestrians, including the disabled, and cyclists, as determined by the review authority.

b.

Block Length. The length of block faces between intersecting streets shall be as short as possible, no more than four hundred feet where feasible, to provide pedestrian connectivity.

c.

Access to Open Areas. Single-loaded streets (those with residential development on one side and open space on the other) shall be used to provide public access to, and visibility of natural open spaces, public parks, and neighborhood schools, as well as a means for buffering homes from parks and schools.

Where single-loaded streets are not feasible or desirable, other methods that provide similar access and visibility may be used, including private streets, bike and pedestrian paths, or the placement of private common open space or recreation facilities adjacent to the public open space.

d.

Cul-De-Sac Streets. The use of cul-de-sac streets shall be avoided wherever possible. If cul-de-sacs are necessary, the end of each cul-de-sac shall provide a pedestrian walkway and bikeway between private parcels to link with an adjacent cul-de-sac, street, and/or park, school, or open space area.

e.

Alleys. Alleys may be provided for garage access, otherwise individual lots shall be wide enough to accommodate a side yard driveway to a detached garage at the rear of the lot, so that appearance of the street frontage is not dominated by garages and pavement.

f.

Traffic Calming. A subdivision that is subject to the requirements of this section shall incorporate traffic calming measures in compliance with the city's improvement standards as determined by the review authority to be appropriate.

2.

Open Space and Natural Features.

a.

Natural amenities (including views, mature trees, creeks, riparian corridors, rock outcrops, and similar features) shall be preserved and incorporated into proposed development to the greatest extent feasible.

b.

Development adjacent to parks or other public open spaces shall be designed to provide maximum visibility of these areas.

c.

Development on hillsides shall generally follow the natural terrain contour. Stepped building pads, larger lot sizes, and setbacks shall be used to preserve the general shape of natural landforms and to minimize grade differentials with adjacent streets and with adjoining properties.

d.

Public access and visibility to creeks, and the separation of residences and other uses from creeks shall be provided through the use of single-loaded frontage roads in combination with multi-use trails. Pedestrian access to and along creeks and riparian corridors may need to be restricted to flatter areas (e.g. beyond top of bank, natural benches) where grading needs and erosion potential are minimal, and where sensitive environmental resources require protection.

A.

Private Facilities—Maintenance. A subdivision with common area or private streets shall have conditions, covenants, and restrictions (CC&Rs) or an improvement assessment district approved by the city to provide for the maintenance of the common areas and/or private streets, and establish standards for maintenance.

B.

Public Utilities and Utility Easements. Each approved parcel shall be provided connections to public utilities, including electricity, gas, water, sewer, and telecommunications services, which shall be installed as part of the subdivision improvements as provided by this section.

1.

Underground Utilities Required. Utilities in new subdivisions shall be installed underground, as follows. These requirements do not apply to utility lines which do not serve the area being subdivided. Telecommunications facilities are also subject to the requirements of Chapter 17.46 (telecommunications facilities).

a.

When Undergrounding is Required. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be installed underground. Equipment appurtenant to underground facilities, including transformers, pedestal mounted terminal boxes and meter cabinets, and ducts, shall also be located underground or entirely within a building, not located with a right-of-way or required setback.

The subdivider is responsible for complying with the requirements of this section and shall make the necessary arrangements with the affected utility companies for facility installation.

b.

Location of Installation. Underground utility lines may be installed within a public or private street right-of-way or along a lot line, subject to appropriate easements being provided if necessary. When installed within a public street right-of-way, their location and method of installation, insofar as it affects other improvements within the street right-of-way, shall be subject to the approval of the city engineer.

2.

Utility Easements—Minimum Width. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems shall be determined by the city engineer for city facilities, and the recommendations of the applicable utility company, for public or private utilities.

C.

Sewage Disposal. Each parcel within an approved subdivision shall be provided with a connection to the city's sewage collection, treatment, and disposal system, in compliance with the city's improvement standards and specifications. The subdivider shall also pay any required connection fee.

D.

Street Signs and Street Names.

1.

Street Names. All public and private streets within a proposed subdivision shall be named by the council. The duplication of an existing street name within the same area shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street.

2.

Street Signs. The subdivider shall provide a minimum of two street name signs in compliance with the city's improvement standards and specifications at each street intersection; with the signs located on the diagonally opposite sides of the intersection. The subdivider shall provide one street name sign at each "T" intersection.

Subdivision improvements required as conditions of approval of a tentative map in compliance with this chapter (see Section 17.88.050) shall be installed as provided by this section.

A.

Timing of Improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with Section 17.88.070, and before the approval of a parcel or final map in compliance with Sections 17.82.060 (parcel map approval) or 17.82.100 (final map approval), except where:

1.

Improvements are deferred in compliance with Section 17.88.070 (improvement agreements and security); or

2.

Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required:

a.

When a building permit is issued for development of an affected parcel; or

b.

At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the city, as set forth in Section 17.88.070 (improvement agreements and security); or

c.

At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area; or

3.

To avoid breaking up street paving, underground utility or service lines required to be installed as part of a subdivision and which are planned to run across or underneath a street or alley right-of-way shall be installed prior to the preparation of subgrade and prior to the surfacing of any streets or alleys. In the event that the development of the subdivision requires the utility company to perform utility construction work, the developer shall pay a deposit satisfactory to the utility company within sufficient time to permit construction work to be performed prior to subgrade preparation. In no event shall subgrade preparation commence before installation of all necessary utilities and laterals.

B.

Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows:

1.

Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the city. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the city engineer shall be made for any emergency work that may be required.

2.

Inspection Procedures.

a.

Inspections Required. The city engineer shall make any inspections as he/she deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the city engineer, the developer shall enter into an agreement with the city to pay the full cost of any contract inspection services determined to be necessary by the city engineer.

b.

Access to Site and Materials. The city engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in accordance with the approved improvement plans.

c.

Authority for Approval. The work done and all materials furnished shall be subject to the inspection and approval of the city engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.

d.

Improper Work or Materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the city engineer. In the event that the city engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this chapter.

3.

Notification. The subdivider shall notify the city engineer upon the completion of each stage of construction as outlined in this chapter, and shall not proceed with further construction until authorized by the city engineer.

4.

Additional Inspection Requirements. Conditions of approval and standard general notes from the standard drawings outline additional inspection requirements.

A subdivider may file, and the city may approve, a parcel or final map before completion of all the public, common area, and other improvements required by this development code and conditions of approval of the tentative map, only when the subdivider first obtains council approval of a subdivision improvement agreement executed and submitted for council review by the subdivider, and provides the city performance security as required by this section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act.

A.

Contents of Improvement Agreement. A subdivision improvement agreement shall be submitted on the form provided by the city and approved by city attorney and shall include the following provisions:

1.

Description of Improvements. A description of all improvements to be competed by the subdivider, with reference to the approved subdivision improvement plans;

2.

Time Limit for Construction. The period within which all required improvements will be completed to the satisfaction of the city engineer;

3.

Completion by City. Provide that if the subdivider fails to compete all required improvements within the specified time, the city may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement;

4.

Surety Requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance and to insure payment to laborers and material suppliers, as specified in Subsection B. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider and approved by the city engineer, which covers all public improvements, private improvements for the general use of the lot owners in the subdivision, local neighborhood traffic, and drainage. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate; and

5.

Phased Construction. Provisions for the construction of improvements in units, at the option of the subdivider.

B.

Security Required to Guarantee Improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved by city attorney, as follows:

1.

Type of Security. Improvement security shall be in the amount set forth or authorized in Map Act Section 66499.3.

a.

If the security is other than a bond or bonds furnished by a duly authorized corporate surety, an additional amount shall be included as determined by the council as necessary to cover the cost and reasonable attorney's fees, which may be incurred by the city in successfully enforcing the obligation secured.

b.

The security shall also secure the faithful performance of any changes or alterations in the work, to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

2.

Form of Security. The required surety shall consist of one or more of the following forms selected by the city engineer for the full amounts specified in Subsection B.1 above.

a.

A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public monies;

b.

A bond or bonds executed by one or more duly authorized corporate sureties;

c.

An instrument of credit from an agency of the state, federal, or local government when any said agency provides at least twenty percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution;

d.

A lien upon the property to be divided, created by contract between the owner and the city, where the review authority finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map; or

e.

Any form of security, including security interests in real property, which is acceptable to the local agency.

C.

Time Extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the council only as follows:

1.

Engineering Report. The city engineer notifies the council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

2.

Agreement by Sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the city engineer, at an increased amount.

3.

Council Action. The council approves or denies the extension. As a condition of granting a time extension, the council may impose whatever additional requirements the council deems reasonable to protect the public interest.

D.

Acceptance of Improvements. Before acceptance for maintenance or final approval by the council of subdivision improvements, the city engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.