The purpose of this article is to promote the public health, safety. general welfare and preserve the aesthetic quality of the city through the regulation and control of the division of land, and to supplement the provisions of the subdivision map act relating to design, improvement, and survey data, in addition to the form, content and review procedures for all maps required by the subdivision map act. To achieve this purpose, the provisions contained in this article are determined to be necessary to promote orderly growth and development, open space. conservation, protection and proper use of land: and to ensure adequate provision for traffic circulation, utilities, and other services in the city.

It is the intent of this article to incorporate by reference, to the maximum extent possible, the provisions of the subdivision map act, consistent with state law (Government Code Section 66411).

(Ord. 182 § 2 (part), 1997)

This article is adopted to supplement and implement the subdivision map act, Section 66410 et seq. of the government code, and may be cited as the city's subdivision ordinance. If the provisions of this article conflict with any provision of the subdivision map act, the provisions of the subdivision map act shall prevail.

(Ord. 182 § 2 (part), 1997)

   A.   Compliance with General Plan. Land shall not be subdivided and/or developed for any purpose which is not consistent with the general plan, and any applicable specific plan, and allowed by this development code.

   B.   Required Improvements. The type and intensity of land use shown on the general plan and any applicable specific plan shall determine, together with the requirements of the subdivision map act, State Planning and Zoning Law, the California Environmental Quality Act (CEQA) and this article, the type of roads, streets, utilities and other public services that shall be provided by the subdivider as a direct result of the city's approval of the subdivision project.

(Ord. 182 § 2 (part), 1997)

The provisions contained in this article shall apply to all or part of any subdivision within the city. and to the preparation of any subdivision maps or other maps required by the subdivision map act.

(Ord. 1 82 § 2 (part), 1997)

This article shall not be applicable to those exclusions provided by state law (Government Code Section 66412).

(Ord. 182 § 2 (part), 1997)

A subdivision subject to annexation to the city shall be in compliance with state law (Government Code Section 66413).

(Ord. 182 § 2 (part), 1997)

All persons submitting applications for maps or other approvals required by this article shall pay, at the time of application, all fees and/or deposits specified in the council's fee resolution, in compliance with Chapter 16.48 (Application Filing, Fees).

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to provide definitions for the specific terms used in this article.

(Ord. 182 § 2 (part), 1997)

In addition to those terms defined in this chapter, and specific terms defined in Article VI (Definitions), this chapter shall incorporate by reference those terms defined in state law (Government Code Section 66414 et seq.. Article 2. Definitions). If the provisions of this chapter conflict with any provision of the subdivision map act. the provisions of the subdivision map act shall prevail.

Acreage. A parcel of land of one acre or more in area, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared the parcel as acreage.

Block. The area of land within a subdivision, which is entirely bounded by streets or ways, except alleys, or the exterior boundary or boundaries of the subdivision.

City Standards. Standards and specifications. including standard drawings, as may be adopted from time to time by the city engineer. These standards are to be on file in the office of the city clerk and city engineer.

Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel together with a separate interest in space in a residential or commercial structure on the real property (e.g., apartment, office. residence. or store). Furthermore, a condominium may include a separate interest in other portions of the real property.

Conversion. The creation of separate ownership of existing real property together with a separate interest in space of residential or commercial structures.

County Recorder. The county recorder of the county of Riverside.

Easement. A specified area of land dedicated to a second entity (e.g., the city. other public entity or utility', or private entity), which shall be continuing and irrevocable unless formally abandoned by the appropriate entity or land retained in private ownership, subject to a recorded covenant of easement to provide parking, ingress, egress, emergency access, light and air access, landscaping, open space, or other public purpose.

Environmental Subdivision. A subdivision of land for biotic and wildlife purposes, in compliance with state law (Government Code Section 66418.2).

Final Map. A map showing a subdivision for which a tentative and final map is required by state law (Government Code Section 66426). prepared in compliance with the provisions of this article and the subdivision map act and designed to be recorded with the county recorder.

Improvement Standard. A specified requirement imposed by this article relating to the installation, modification or removal by the subdivider of a sidewalk, street. storm drain, tree, utility, well, or other facility as necessary for the general use by the parcel owners of the subdivision and local neighborhood.

Lot Line Adjustment. A minor shift, movement or rotation of an existing lot line between two or more adjacent parcels where no additional parcels are created.

Merger. The joining of two or more contiguous parcels of land under one ownership into one parcel.

Parcel Map. A map showing a subdivision for which a parcel map is required by state law (Government Code Section 66426, subdivision [a], [b], [c] or [d]) and other subdivisions for which a final map is not required under the subdivision map act prepared in compliance with the provisions of this article and the subdivision map act designed to be recorded with the county recorder.

Remainder. That portion of an existing parcel which is not included as part of the proposed subdivision. The remainder is not considered as part of the subdivision but shall be shown on the required maps as part of the area surrounding subdivision development.

Subdivision Map Act. State of California Government Code Section 66410 to 66499: hereinafter referred to as "the subdivision map act".

Tentative Map. A map prepared for the purpose of showing the design and improvement of a proposed subdivision, including the existing conditions both in and around the subject property.

Unit. Those elements of a condominium or other development where ownership is divided into individual and common areas, which are not owned in common with other owners of the project.

Vesting Tentative Map. A map which meets the requirements of state law (Government Code Section 66452), and if approved, expressly confers a vested right to proceed with the development in substantial compliance with the ordinances, policies and standards in effect at the time the application for approval of the vesting tentative map is determined complete, as outlined in state law (Government Code Section 66498.1).

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to outline the duties of the individual participants involved in the review/determination of subdivision matters governed by this article.

(Ord. 182 § 2 (part), 1997)

The city attorney shall be responsible for approving, as to form, all subdivision improvement documents that affect public rights-of-way related to subdivisions.

(Ord. 182 § 2 (part), 1997)

The city engineer shall be responsible for the following:

The department shall be responsible for the acceptance and processing of all tentative map applications, including vesting tentative maps, reversion to acreage and the collection of all required application fees.

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to outline the specific maps required by this article and the subdivision map act, and the procedures for amending, correcting and requesting waiver of these maps, as well as the issuance of certificates of compliance.

(Ord. 182 § 2 (part), 1997)

A tentative and final map shall be required for all subdivisions creating five or more parcels, in compliance with state law (Government Code Section 66426).

(Ord. 182 § 2 (part), 1997)

   A.   Parcel Map Required. A tentative and final parcel map shall be required for all divisions of land creating four or less parcels, as well as those divisions identified in state law (Government Code Section 66426).

   B.   Parcel Map Not Required. A tentative and final parcel map shall not be required for those divisions outlined in state law (Government Code Section 66428), nor for lot line adjustments contained in Government Code Section 66412 [d].

(Ord. 182 § 2 (part), 1997)

   A.   Applicability. The council may, upon the director's recommendation, waive parcel map requirements for the following divisions of real property:

      1.   Judicial Action. Created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or

      2.   Public Entity Conveyance. Resulting from the conveyance of land or interest to or from the city, public entity or public utility for a public purpose (e.g., school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.).

      3.   Map Conditions Completely Met. The waiver of a final parcel map means that enough information is available to establish the boundaries of the parcels from existing recorded monuments and that the necessary conditions of the tentative map have been met, therefore, a final parcel map is not required.

   B.   Procedure. The following procedures shall apply to parcel map waivers:

      1.   Findings. A parcel map may be waived by the council, in compliance with state law (Government Code Section 66428), only if all of the following findings of fact can be made in a positive manner:

         a.   The proposed division of land complies with all applicable city requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the subdivision map act, and the municipal code; and

         b.   Public improvements would not be necessary or desirable as a consequence of the proposed division.

      2.   Certificate of Compliance. Upon waiving the parcel map requirement, the council shall direct the city engineer to file, with the county recorder, a certificate of compliance for the land to be divided and a plat map showing the division; and

      3.   Appropriate Fees. A parcel map waived by the council may be conditioned to provide for payment of all appropriate fees.

(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)

   A.   Request. A person owning real property within the city may request whether the property complies with the provisions ofthe subdivision map act and this development code. Following review and approval by the city engineer shall cause a certificate of compliance to be filed for recordation with the county recorder, in compliance with state law (Government Code Section 66499.35). A request for a conditional certificate of compliance shall also be reviewed and approved by the director.

   B.   Required Fee(s). A person requesting a certificate of compliance shall pay the applicable fee(s) contained in the council's fee resolution, in compliance with Chapter 16.48 (Application Filing, Fees).

(Ord. 182 § 2 (part), 1997)

After a final or parcel map is filed with the county recorder, it may be amended by a certificate of correction or an amending map, in compliance with state law (Government Code Section 66469 et seq.). The certificate of correction or amending map, shall be submitted to the city engineer, and processed in compliance with state law (Government Code Section 66471).

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to specify the content, form and review procedures required for the approval of tentative (tract/parcel) maps, including environmental subdivisions, in compliance with state law (Government Code Section 66418.2) and the provisions of this article.

(Ord. 182 § 2 (part), 1997)

An application for a tentative map, filed in compliance with this chapter, shall not be accepted for filing until the subdivision has been determined by the department to be generally consistent with the general plan, any applicable specific plans or master development plans, and this development code. Additionally, all required discretionary city approvals shall have been previously obtained or applications for same shall be filed concurrently with the tentative map, in compliance with the city's rules and procedures for implementation of CEQA.

(Ord. 182 § 2 (part), 1997)

The tentative map shall be prepared in a manner acceptable to the department by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn and shall contain all of the information identified in the department's submittal requirements for tentative maps, in effect at the time the application is filed.

(Ord. 182 § 2 (part), 1997)

The tentative map shall contain all of the data and reports identified in the department's submittal requirements for tentative maps, in effect at the time the application is filed.

(Ord. 182 § 2 (part), 1997)

   A.   Pre-Application Conference. Before submitting a tentative map application, the prospective subdivider, or agent, is strongly encouraged to request a pre-application conference with the department to obtain information and guidance pertaining to city requirements before preparing maps, surveys, and other required data. Neither the pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval or disapproval by the city representative(s). A fee may be imposed for the pre-application conference, as contained in the council's fee resolution, in compliance with Chapter 16.48 (Application Filing, Fees).

   B.   Determination of Completeness. The tentative map application shall be filed with the department. The application shall be determined by the department to be complete only when the content and form of the tentative map conform to the requirements of Section 16.94.030, and all fees and/or deposits, in compliance with Chapter 16.48 (Application Filing, Fees), have been submitted and accepted by the department. The subdivider shall file, with the department, the number of tentative maps the department deems necessary.

   C.   Notice to Public Agencies, Utilities, and City Departments. The department shall forward copies of the tentative map to the affected public agencies, and utilities, and city departments, including but not limited to the City Engineer, Fire Department, Police Department, Building and Safety, and Community Services, which may, in turn, forward to the Development Services Department their findings and recommendations. Public agencies and utilities shall certify that the proposed subdivision can be adequately served.

An application for an environmental subdivision (for biotic and wildlife purposes) shall be submitted in a manner acceptable to the department, in compliance with state law (Government Code Section 66418.2) and this development code.

(Ord. 182 § 2 (part), 1997)

   A.   Director's Determination. At the time an application is filed with the department, the director shall deter-mine whether or not the department is able to meet the required time limits for reporting and acting upon the application.

   B.   Extensions. Applicable time limits for acting on the tentative map application may be extended by mutual written consent of the subdivider and the city, in compliance with state law.

   C.   Waiver. A waiver of application time limits may be required by the department to permit concurrent processing of related project approvals or an environmental review on the same development project.

(Ord. 182 § 2 (part), 1997)

         a.   The proposed map, design or improvement is not consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plans, as specified by state law (Government Code Section 65451);

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

         c.   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;

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

         e.   The design of the subdivision of the type of improvements would conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision.

   A.   Date of Expiration. The approval or conditional approval of a tentative map shall expire within the maximum initial time limits specified in the subdivision map act or twenty-four (24) months following the date the decision of approval is rendered by the director or commission, whichever is greater. However, the map may be extended if the subdivider has complied with state law. An extension to the expiration date may also be approved in compliance with Section 16.94.100 (Extensions—"Time Limit of Extensions").

   B.   Stay of Time. The period of time outlined in Subsection A., above shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the council. After service of the initial petition or complaint upon the city, the subdivider shall, in writing to the director, request a stay in the time period of the tentative map. Within forty (40) days after receiving the request, the council shall either stay the time period for up to five years or disapprove the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the council shall render its decision.

   C.   Development Moratorium. The period of time outlined in subsection A, above shall not include any period of time during which a development moratorium is in effect in compliance with state law (Government Code Section 66452.6).

   D.   Termination. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all, or a portion, of the real property included within the tentative map shall be filed without first processing a new tentative map.

   A.   Request by Subdivider. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the department. The application shall be filed before the map is to expire and shall state the reasons for requesting the extension. The subdivider shall be solely responsible for filing the application.

   B.   Director's Action. In approving, conditionally approving, or disapproving the request for extension, the di-rector shall make findings of fact in support of the decision.

   C.   Conditions of Approval. In granting an extension, new conditions or exactions may be imposed and existing conditions may be revised, as deemed appropriate and necessary by the director, in order to support the findings identified in Section 16.94.080(D) (Findings) and Section 16.94.140 (E) (Director's Decision on Residential Tentative Parcel Maps).

   D.   Time Limit of Extensions. The maximum number of years that a tentative map may be extended shall not exceed six (6) from the original expiration date of the map unless otherwise specified in the subdivision map act. Each extension of time granted may not exceed a total of three (3) years.

   E.   Development Fees. The subdivider shall pay any increase in applicable development fees which have occurred since the original date of the approval or conditional approval of the tentative map.

   A.   Minor Amendments. Minor amendments to the approved tentative map or conditions of approval may be granted by the director upon written application by the subdivider or on the director's own initiative, provided:

      1.   No Additions. Parcels, units, or building sites are not added;

      2.   Consistent With Original Map. The proposed changes are consistent with the intent ofthe original tentative map approval; and

      3.   No Violations. There are no resulting violations of the subdivision map act, or this development code. The amendment shall be indicated on the approved or conditionally approved tentative map and certified by the director.

   B.   Major Amendments. Amendments to the tentative map or the conditions of approval which, in the opinion of the director, are not minor, shall be presented to the commission for its approval. Processing shall comply with the provisions for processing a new tentative map, in compliance with Section 16.94.050 (Application Filing and Department Review), above. An approved amendment shall not alter the expiration date of the tentative map.

An action or proceeding to annul, attack, review, set aside or void the decision of the city concerning a subdivision, or of any of the proceedings, acts or determinations taken, done or made before the decision, shall not be maintained by any person unless the action or proceeding is commenced and service of summons effected within ninety (90) days after the date of the decision, in compliance with state law (Government Code Section 66499.37).

(Ord. 182 § 2 (part), 1997)

The commission may require, as a condition of approval, that the subdivider defend, indemnify. and hold harm-less the city from any action, claim or proceeding brought against the city within the time period identified in Section 16.94.120 (Judicial Review) above, in compliance with state law (Government Code Section 66474.9).

(Ord. 182 § 2 (part), 1997)

   A.   Authority to Approve or Deny a Residential Tentative Parcel Map.

   B.   Review.

   C.   Director's Decision on Residential Tentative Parcel Maps.

   D.   Disapproval of Residential Tentative Parcel Maps.

The purpose of this chapter is to specify the content, form. and review procedures required for the approval of a vesting tentative map application, in compliance with state law (Government Code Section 66498.1) and the provisions of this article.

(Ord. 182 § 2 (part), 1997)

   A.   Residential Subdivisions. This chapter shall apply only to residential subdivisions.

   B.   Vesting Map Optional. Whenever a provision of the subdivision map act, as implemented by this article, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may be filed, at the sole discretion of the subdivider, in compliance with the provisions of this chapter.

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

(Ord. 182 § 2 (part), 1997)

   A.   Pre-application Conference. Before submitting a vesting tentative map application, the prospective sub-divider, or agent, is strongly encouraged to request a pre-application conference with the department to obtain information and guidance pertaining to city requirements before preparing maps, surveys, and other required data.

Neither the pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval or disapproval by the city representative(s). A fee may be imposed for the pre-application conference, as contained in the council's fee resolution.

   B.   Application Filing. The vesting tentative map application shall be filed with the department. A vesting tentative map shall be filed in the same form and have the same contents. accompanying data. reports, and required fees and shall be processed in the same manner as identified in Chapter 16.94 (Tentative Maps) for a tentative map except as follows:

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

      2.   An application for a vesting tentative map shall not be accepted for filing until the subdivision has been determined by the department to be generally consistent with the general plan, any applicable specific plans, master development plans, and this development code;

      3.   All required discretionary city approvals shall have been previously obtained or applications for same shall be filed concurrently with the vesting tentative map, in compliance with the city's rules and procedures for implementation of CEQA: and

      4.   At the time a vesting tentative map is filed a subdivider shall also supply the following information satisfactory to the director:

         a.    Completed application, in compliance with Section 16.94.030 (Content and Form);

         b.    Fees, in compliance with Chapter 16.48 (Application Filing, Fees);

         c.    Environmental assessment form;

         d.    Architectural/site plans, including the following items of information:

            1)   Project boundary and dimensions;

            2)   Dimensions relating centerline of street. property line, and curb;

            3)   Setback dimensions;

            4)   Structure locations and dimensions;

            5)   Street and driveway widths;

            6)   Bike paths, if required/provided;

            7)   Mechanical equipment, location. and dimensions:

            8)   Solid waste/recyclable materials storage design, location, and dimensions;

            9)   Recreation area(s), location. and design;

            10)   Wall and fence location and design;

            11)   Sidewalks; and

            12)   Outdoor lighting.

         e.    Floor plans, dimensions, and scale;

         f.    Elevations including the following items of information:

            1)   Dimensions and scale;

            2)   Color and materials: and

            3)   Roof pitch and type.

         g.    Vicinity map three and one-half inches by three and one-half inches, illustrating the relationship of the subdivision to the community within a one-half mile radius of the site;

         h.    Phasing map, if applicable:

         i.    Preliminary grading plan;

         j.    Landscape plans, in compliance with Chapter 16.28 (Landscaping Standards);

         k.   One colored print of site plan. elevations and landscape plan, for public presentation; I. Colored rendering(s):

         m.   Sample materials board:

         n.   Uses of proposed structures:

         o.   Methods to be used for the preservation, relocation, and/or replacement of protected trees in compliance with Chapter 16.42 (Tree Preservation)

         p.   Archaeological evaluations. flood control information, geological and hydrology studies, soils report, etc., as required by the city engineer:

         q.   Detailed drainage, flood control. geological, soils, traffic, or other reports required by the city engineer; and

         r.   Additional information, as required by the director.

(Ord. 182 § 2 (part), 1997)

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions. established by this article for the expiration of an approved tentative map, in compliance with Sections 16.96.040 (Expiration) and 16.94.100 (Extensions).

(Ord. 182 § 2 (part), 1997)

   A.   Vested Right. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances. policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

   B.   Findings for Conditional Approval or Disapproval. Notwithstanding subsection A., above, a permit approval, extension or entitlement may be made conditional or disapproved if any of the following findings of fact findings can be made in a positive manner:

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

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

   C.   Periods of Time. The rights referred to herein shall expire if a final map is not approved before the expiration of the vesting tentative map in compliance with Section 16.96.040 (Expiration). If the final map is approved. these rights shall last for the following periods of time:

      1.   One Year. An initial time period of one year beyond the recording of the final or parcel map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. All final or parcel maps shall be recorded within the time period outlined in Section 16.96.040 (Expiration). or the vesting tentative map approval shall expire for those parcels for which final or parcel maps are not re-corded in a timely manner;

      2.   Grading Permit. The initial time period outlined in subparagraph 1.. above shall be automatically ex-tended by any time used for processing a complete application for a grading permit or for design or architectural review, if the processing exceeds thirty (30) days, from the date a complete application is filed;

      3.   Extension. A subdivider may apply for a one-year extension at any time before the initial time period outlined in subparagraph 1. above expires;

      4.   Building Permit. If the subdivider submits a complete application for a building permit during the periods of time outlined in subparagraphs I. through 3. above, the rights referred to subsection A., above shall continue until either expiration or extension of that permit; and

      5.   Reasonable Conditions. Consistent with subsection A., above, an approved or conditionally approved vesting tentative map shall not limit the city from imposing reasonable conditions on subsequent required approvals or permits necessary for the implementation of the subject development.

(Ord. 182 § 2 (part), 1997)

Amendments to an approved or conditionally approved vesting tentative map shall be made in compliance with Section 16.96.060 (Amendments).

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to outline the form, content, accompanying data, and the procedures for the filing of a final or parcel map, hereinafter referred to as a "final map", with the city engineer, in compliance with the subdivision map act.

(Ord. 182 § 2 (part), 1997)

The final map shall be prepared by, or under the direction of, a registered civil engineer or licensed land surveyor, in compliance with the applicable provisions of state law (Business and Professions Code).

(Ord. 182 § 2 (part), 1997)

   A.   Multiple Final Maps. Multiple final maps relating to an approved or conditionally approved tentative map may be filed before the expiration of the tentative map if the subdivider, at the time the tentative map application is filed, notifies the department in writing of the subdivider's intention to file multiple final maps on the tentative map, in compliance with Section 16.94.050 (Application Filing and Department Review).

   B.   Number Not Required. The subdivider shall not be required to define the number or configuration of the proposed multiple maps.

   C.   Director Approval. The sequence of map phasing is subject to the approval of the director.

   D.   No Invalidation. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map.

   E.   Separate Number. Each final map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision number, which shall be the tract number followed by -1, -2, -3 etc. indicating phases of the same map.

   F.   Improvement Agreement. The subdivision improvement agreement executed by the subdivider shall pro-vide for the construction of improvements as required to constitute a logical and orderly development of the entire subdivision.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

      1.   Boundary monuments. The exterior boundary of the subdivision shall be monumented with permanent monuments not smaller than two-inch iron pipes at least twenty-four (24) inches long set at each corner and at intermediate points along the boundary not more than one thousand (1,000) feet apart and at the beginning and end points of all curves. If any existing record and identified monument meeting the foregoing requirements is found at any corner or point, the existing monument(s) may be used in lieu of a new monument;

      2.   Lot corner monuments. All lot corners, except when coincident with exterior boundary corner, shall be monumented with permanent monuments of one of the following types:

         a.   Three-quarter-inch diameter iron pipe at least twelve (12) inches long;

         b.   One-half-inch diameter steel rod at least twelve (12) inches long; or

         c.   Lead plug and copper identification disks set in concrete sidewalks or curbs.

      3.   Additional monuments to mark the limiting lines of streets as the city engineer may require;

      4.   All other monuments set or proposed to be set.

         a.   The subdivider shall cause the foregoing monuments to be set by a licensed surveyor or engineer.

         b.   All monuments and their installation shall conform to city standards.

         c.   All of the foregoing monuments shall be set before the approval of the map by the city engineer unless the setting thereof is deferred in compliance with state law (Subdivision Map Act Section 66496). However, the setting of exterior boundary monuments shall not be deferred unless the city engineer determines that the monuments might be disturbed by the construction of the improvements.

         d.   Where the setting of monuments is deferred following filing of a final map, the monuments shall be set within thirty (30) days after the completion of the required improvements and before the acceptance by the city. The setting of monuments shall not be deferred if a parcel map is filed unless expressly allowed by the city engineer. (Ord. 610-24 § 20, 2024; Ord. 182 § 2 (part), 1997)

The form of the final map shall comply with the subdivision map act and as follows:

   A.   Drawing and Reproduction of Final Map. The final map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on polyester base film. Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque indelible ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to ensure permanent legibility;

   B.   Sheet Size. The size of each sheet shall be twenty-two (22) inches by thirty (30) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch;

   C.   Map Scale. The scale of the map shall be an engineering scale and not less than one inch equals fifty (50) feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end;

   D.   Number of Sheets. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet shall be included;

   E.   Map lettering. All printing or lettering on the map shall be of one-eighth (1/8) inch minimum height by hand. or one-tenth (1/10) inch by machine, and of a shape and weight as to be readily legible on prints and other reproductions made from the original drawings; and

   F.   State Law Compliance. The final form of the final map shall be in compliance with state law (Government Code Section 66434) and as approved by the city engineer.

(Ord. 182 § 2 (part), 1997)

The contents of the final map shall be in compliance with the subdivision map act and as follows:

   A.   Boundary. The boundary' of the subdivision shall be designated by a heavy black line in a manner that shall not cover figures or other data;

   B.   Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title: "City of Murrieta, Riverside County, California.";

   C.   Certificates and Acknowledgments. All certificates and acknowledgments shall be made in compliance with state law (Government Code Sections 66433 et seq.) and as approved by the city engineer, and shall appear only once on the cover sheet:

   D.   Scale, North Point, and Basis of Bearings. There shall appear on each map sheet the scale and north point. The basis of bearings shall appear on the title map sheet and each subsequent sheet or referenced on each subsequent sheet. The basis of bearing shall be based on Zone 6 of the California Coordinate System, unless otherwise approved by the city engineer;

   E.   Linear, Angular, and Radial Data. Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, radius. and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map;

   F.   Monuments. The location and description of all existing and proposed monuments shall be shown. Standard city monument types shall be set in compliance with city standards.

   G.   Parcel Numbers.

      1.   Parcel numbers shall begin with the number "1" in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units. in which case, parcel numbers may begin with the next consecutive number following the last number in the preceding unit.

      2.   Nonbuildable, open space and common parcel areas shall be lettered beginning with the letter"A" and shall continue consecutively with no omissions or duplications.

      3.   Each parcel shall be shown entirely on one sheet of the final map, unless otherwise approved by the city engineer.

   H.   Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, with reference to the book and page ofthe filed map showing the subdivision. if no subdivision is adjacent, then by the name of the owner and reference to the re-corded deed by book and page number for the last record owner;

   I.   City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated;

   J.   Street Names. The names of all streets or alleys within or adjoining the subdivision shall be shown:

   K.   Traffic Prohibition. lnstrument(s) prohibiting traffic over the side line or end of a street shall be provided, when and if required;

      1 .   The final map shall particularly define, delineate and designate all parcels intended for private purposes.

      2.   All parcels offered for dedication for any purpose, public or private, shall be clearly shown.

      3.   Private streets allowed under the provisions of this article, with all boundaries, courses, and dimensions clearly shown and defined in every case.

      4.   Parcels offered for dedication, but not accepted, shall be so designated.

      1.   Easements and dedications for alleys, local transit facilities, paths, roads or streets, sanitary sewers, storm water drainage, utilities, or other public use as may be required, shall be dedicated to the public for acceptance by the city or other public agency, and the use shall be specified on the map.

      2.   All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance (e.g., recorder's serial number and date, or book and page ofofficial records).

      3.   Easements not disclosed by the records on file with the county recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

      4.   The side lines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the city engineer.

      5.   Between the time of the approval of the tentative map and the recordation of the final map, easements shall not be granted to other agencies or utility companies which interfere with the city's rights in any public rights-of-way.

   N.   One Hundred- (100-) year Flood Inundation. The map shall show the line of one hundred- (100-) year flood inundation when the subject site includes, or is adjacent to, areas subject to periodic inundation. Areas of inundation shall be in compliance with the Federal Insurance Rate Map (FIRM) and the county flood control district.

   O.   Condominium Map. The map of a condominium shall show all surface units;

      1.   Areas May Be Shown. Open space areas may be shown, subject to the approval of the city.

      2.   Public Areas in Fee. Public open space areas shall be dedicated in fee unless otherwise specified in the approval or conditional approval of the tentative map.

      3.   Private Areas as Easements. Private open space areas shall be dedicated as open space easements unless otherwise specified in the approval or conditional approval of the tentative map.

   Q.   Request for Approval. The subdivider shall submit a written request for the city's approval of the final map.

   R.   Environmental Constraint Sheet. Any notes(s) required by the conditions of approval shall be shown on an environmental constraint sheet and referenced on the final map. This shall be required when constraints, including any of the following, are conditioned:

      1.   Archaeological sites;

      2.   Fire protection;

      3.   Flood hazard zone(s);

      4.   Geologic mapping;

      5.   Grading;

      6.   Seismic lines;

      7.   Setbacks;

      8.   Sewage disposal;

      9.   Structure(s);

      10.   Structure setback lines: and

      11.   Water availability.

When an environmental constraint sheet is required. a note shall be placed below the surveyor's notes on the final map stating the following:

ENVIRONMENTAL CONSTRAINT NOTE: Environmental Constraint Sheet affecting this map is on file in the E. C. S. Book   , Page         . This note affects Lot Nos.     or Parcel No.   

(Ord. 542 § 2, 2019; Ord. 182 §2 (part), 1997)

The subdivider shall submit prints of the final map to the city engineer for checking. The preliminary prints shall be accompanied by the following data, plans, reports, and documents in a form approved by the city engineer and, where applicable, the city Attorney:

   A.   Improvement Plans. improvement plans in compliance with Section 16.108.140 (Improvement Plans);

   B.   Soils Report. A soils report prepared in compliance with Section 16.94.040 (Accompanying Data and Re-ports), if required by the city engineer:

   C.   Title Report. A title report showing the legal owner(s) of the subject site at the time of submittal of the final map, to be current within ninety (90) days:

   D.   Tax Certificate. A certificate from the county tax collector stating that all taxes due have been paid or that a tax bond or other adequate form of security ensuring payments of all taxes which are a lien, but not yet pay-able, has been filed with the county tax collector;

   E.   Deeds for Easements or Rights-of -Way. Deeds/instruments for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map. Written evidence, acceptable to the city, in the form of rights of entry or permanent easements across private property outside of the subject subdivision, permitting or granting access to perform necessary construction work and permitting the maintenance of the subject facility(s):

   F.   Traverse Closures. Traverse closures/calculations for the boundary blocks, easements, monument lines, parcels. and street centerlines:

   G.   Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all flood flows, retention facilities, and storm drains:

   H.   Governing Documents.

      1.   Common Interest Developments. The submittal of the final map for a common interest development in compliance with state law (Civil Code Section 1350 et seq.) shall include the proposed declaration of covenants, conditions, and restrictions containing the provisions provided by state law (Civil Code Section 1353), and all other governing documents for the subdivision in compliance with state law (Civil Code Section 1363), and containing all conditions of approval designated to be contained within the "Covenants. Conditions, and Restrictions."

      2.   Other Developments. The submittal of the final map for all subdivisions other than a common interest development shall include the proposed declaration of covenants, conditions. and restrictions.

      3.   Director's Approval. All documents shall be subject to review and approval by the director.

   I.   Guarantee of Title. A guarantee of title, in a form acceptable to the city engineer and city attorney, shall be issued by a competent title company to and for the benefit and protection of the city and shall be continued complete up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, all public easements being offered for dedication, and all required acknowledgments, appear on the proper certificates and are correctly shown on the map, both as to consents and to the making, and affidavits of dedication where necessary;

   J.   Improvement Agreement. In the event drainage, grading, paving, sewer, water, or other improvements required in compliance with Chapter 16.108 (Improvements) have not been completed before the presentation of the final map, an agreement in compliance with Section 16.108.150 (Improvement Agreement) shall be filed for the required improvement(s). The subdivider shall secure the performance of the agreement in compliance with Section 16.108.160 (improvement Security). The agreement shall be in a form acceptable to the city attorney and approved by the city engineer;

   K.   Liability Agreement and Insurance.

      1.   Hold-harmless Agreement. A hold-harmless agreement obligating the subdivider to hold the city and its officers, agents, and employees harmless from any liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider and/or the subdivider's subcontractors, in connection with the subdivision, shall be submitted.

      2.   Certificate of Insurance. A certificate of insurance reporting to the city the amount of insurance the subdivider carries for the subdivider's own liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider or designated subcontractors in connection with the subdivision shall be submitted.

      3.   City as Additional Insured. The certificate of insurance shall name the city as an additional insured.

      4.   City Attorney Approval. The agreement and certificate required by this subsection shall be subject to prior review and approval by the city attorney.

   L.   Environmental Constraint Sheet. A duplicate of the final map on which are shown the environmental constraint notes. This sheet shall be filed simultaneously with the final map. and labeled "ENVIRONMENTAL CONSTRAINT SHEET" in the top margin. Applicable items shall be shown under a heading labeled "Environmental Constraint Notes." The environmental constraint sheet shall contain the following statement:

The environmental constraint information shown on this sheet is for informational purposes describing conditions as of the date of filing. and is not intended to affect record title interest. This information is derived from public records or reports. and does not imply the correctness or sufficiency of those records or reports by the preparer of this map sheet.

   M.   Additional Information. Additional data, reports. or information required by the city, in compliance with state law (Government Code Section 66434.2).

   A.   Review by City Engineer. The city engineer shall review the final map and any other required information and the subdivider shall make corrections and/or additions until acceptable to the city engineer.

   B.   Resubmittal. The subdivider shall submit to the city engineer the original tracing of the map and any duplicates in compliance with city requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing.

   C.   City Engineer's Signature. Upon receipt of all required certificates and submittals, and if found to be technically correct and in conformance with the approved tentative map and this development code, the city engineer shall sign the appropriate certificates and transmit the original map to the city clerk.

   D.   Dedications Outside Subdivision. The city may accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded with the county recorder. The city engineer is authorized to accept dedications, or offers of dedication, or to reject the offers on behalf of the city.

(Ord. 182 § 2 (part), 1997)

No final map shall be filed in the Office of the County Recorder until approved by the city engineer. Upon receipt of a final map, the city engineer shall:

   A.   Notify the council, at its next regular meeting after receiving the map, that the map is being reviewed for approval.

   B.   Cause the city clerk to post the notice of any pending approval by the city engineer, and include it on the council's regular agenda. The city clerk will also notify any interested parties who request notice.

   C.   Approve or disapprove the final map within ten (10) days following the meeting of the council at which notice of the pending approval was given. Approvals or disapprovals of final maps by the city engineer may be appealed to the council within ten (10) days of the city engineer's decision. The council shall periodically review the delegation of authority to approve final maps.

   G.   Off-site Improvements.

      1.   Whenever a subdivider is required, as a condition of a tentative parcel map, to constructor install off-site improvements on property which neither the subdivider nor the city owns, then no later than sixty (60) days before tiling the parcel map for approval the subdivider shall provide the city with sufficient information, reports and data, including an appraisal and title report, to enable the city to commence proceedings in compliance with state law (Title 7 of Part 3 of the Code of Civil Procedure) to acquire an interest in the land which will allow the improvements to be made, including proceedings for immediate possession of the property in compliance with state law (Title 7, Article 3 of the Code of Civil Procedure).

      2.   The subdivider shall agree in compliance with Section 16.108.150 to complete the improvements at the time the city has a sufficient interest in the property to allow the construction of the improvements. The subdivider shall bear all costs associated with the acquisition of the property interests and the estimated costs shall be secured in compliance with Section 16.108.160.

The purpose of this chapter is to outline the procedures for the conversion of existing residential dwelling units to condominium units in compliance with the subdivision map act and the following housing element policies of the general plan:

   A.   Promote opportunities for home ownership for all income groups, including lower income renters and newly formed households; and

   B.   Allow condominium conversions in circumstances that would increase ownership opportunities for middle-income people when the developer, lit the request of a tenant, finds comparable rental housing within the city before displacing the existing tenants.

(Ord. 182 § 2 (part). 1997)

The conversion of existing residential dwelling units to condominium units is only allowed when the conversion meets the following requirements:

   A.   Zoning Provisions. The applicable zoning district provisions;

   B.   Development Code Provisions/Standards. The provisions of this chapter and the standards identified in Section 16.44.060 (Condominium Conversion Standards):

   C.   State Codes. All current local and State Structural, Safety. and Utility Codes:

   D.   Design Review. Design review standards and guidelines, if exterior modifications are required;

   E.   Relocation Plans. Notice and relocation assistance plans approved by the commission during a public hearing;

   F.   Pest Report. A structural pest report, prepared by a licensed operator; and

   G.   Finding. A finding that specifies that the conversion does not significantly reduce rental units available in the price range below the median price range of apartments in the city or does not significantly reduce units which provide accommodations to disabled or transient persons.

(Ord. 182 § 2 (part), 1997)

The conversion of residential structures that cannot meet the requirements of Section 16.100.020 (Compliance with Requirements), above may be allowed by the commission only if all of the following findings of fact can be made in a positive manner:

   A.   The structure was constructed before the effective date of this chapter;

   B.   The building official has certified that there are no violations of codes or statutes applicable to the structures involved in the conversion. Codes or statutes shall be applicable if they were in effect at the time of construction or alteration of structures involved or are, in the opinion of the building official, health and safety provisions applicable to existing structures;

   C.   The subdivider has submitted a plan showing all feasible means for making structures, grounds and utilities conform to current codes and statutes and agrees, in writing, supported by a performance bond, to be submitted before recordation, to implement the plan as a condition of approval. The plan shall include a report from a registered engineer detailing the present condition of the structure(s) and the expected useful life of all common structural and mechanical components of the conversion. The plan shall also include the structural pest report of a licensed operator;

   D.   The subdivider has (or would before the issuance of an occupancy permit) provided sufficient amenities to persons purchasing the converted property. The commission may consider, in making this determination, the level of sound attenuation of structures, the probable life of structures, the availability of on- and off-site parking and open space, the availability of storage and other facilities, laundry space and the condition of the utilities;

   E.   The subdivider has submitted a plan for tenant relocation assistance. The plan shall include a program for paying moving expenses and deposits as well as assisting tenants in obtaining new housing if they are unable to purchase a unit in the project. The plan shall give particular attention to the needs of elderly, disabled, households with minor children, and households of low- and moderate-income. The plan may include assistance (e.g., extended or lifetime leases) and purchase assistance (e.g.. tenant discounts), and special loan programs. Assistance to tenants of low- and moderate-income may include subsidized rents in other structures and assistance in qualitYing for government housing programs (e.g., Section 8). The commission shall not accept the tenant relocation assistance program unless the subdivider has demonstrated. to the satisfaction of the commission. that all tenants can obtain affordable housing either through purchase of a unit, available rentals in the vicinity. or an extended lease program;

   F.   Notice and relocation assistance requirements shall be satisfied by the subdivider;

   G.   The subdivider would submit lease forms and a final tenant assistance plan. including all conditions attached to the conversion and tentative map approval, before approval of the final map. A copy of the plan shall be given to each tenant household before the final map is approved; and

   H.   The subdivider has submitted a plan describing the proposed energy saving improvements that shall be installed before the issuance of an occupancy permit. The plan shall include the insulation of ceilings, ducts, exterior walls, floors and water heaters, and the installation of energy saving appliances, solar heated pools, and pool covers.

(Ord. 182 § 2 (part), 1997)

An application for a conversion of existing residential dwelling units to condominium units shall contain the following information to the satisfaction of the director:

   A.   Verification. A verification that the conversion satisfies the requirements of Section 16.100.020 (Compliance With Requirements) or is capable of satisfying the requirements of Section 16.100.030 (Other Conversions):

   B.   Supporting Documents. Documents factually supporting the verification not already on file with the city and a list of documents on file with the city which support the verification;

   C.   Rental Schedule. A rental schedule of units over the last three years including the vacancy factor;

   D.   Tenant Information. Names and addresses of current tenants, length of tenancy, number and ages of occupants, size of unit, income of tenants by category (below eighty (80) percent; between eighty (80) percent and one hundred twenty (120) percent: and above one hundred twenty (120) percent of median income in the Riverside/San Bernardino standard metropolitan statistical area) and whether disabled or not, on a form acceptable to the director. To ensure privacy of tenants, the names and addresses shall be separate from other data with numerical cross referencing:

   E.   C, C, & R's. A copy of the proposed C, C, & R's. proposed homeowners' association fees, proposed sales price range of units, and comparative analysis of rental costs for prior years to costs of purchase and fees;

   F.   Parking. Where current parking requirements are not met, the number of vehicles owned by all tenants; and

   G.   Other Information. Other information requested by the director which is needed to determine whether the project is consistent with the requirements of this chapter.

(Ord. 182 § 2 (part), 1997)

   A.   Tenant Notification. Before submitting an application fora condominium conversion the subdivider shall notify all tenants of the intent to convert to a condominium and provide each tenant with a copy of the pro-posed tenant relocation assistance plan. Tenant's rent shall not be increased from the date of this notice until six months following the approval of the final map, or the tenant purchases a unit or relocates to other accommodations, whichever first occurs;

   B.   Application. An application for a condominium conversion shall be on a form prescribed by the director and shall be filed with the department in compliance with Chapter 16.48 (Application Filing, Processing, and Fees);

   C.   City Review. The applicable city departments shall review the application to determine conformity with this chapter and report their findings to the director;

   D.   Notice of Hearing. The application shall be scheduled for a public hearing in compliance with Section 16.100.060 (Relocation), below, and all tenants shall be given notice by mail thirty (30) days before the hearing; and

   E.   Council's Action. Conversions shall be approved or disapproved by the council during a hearing held within a reasonable period of time after all city departments report to the director and the building official has filed the certification in compliance with Section 16.100.030.B., above.

(Ord. 182 § 2 (part), 1997)

A subdivider proposing to convert structures in compliance with this chapter shall first:

   A.   One Hundred Twenty- (120-) day Notice. Give written notice of intention to convert to tenants one hundred twenty (120) days before they are required to relocate;

   B.   Right of First Refusal. Offer all tenants not in arrears of rental or leasehold payments, a nontransferable right of first refusal to purchase their unit for ninety (90) days duration after receipt of a public report from the real estate commission;

   C.   Notify Tenants. Notify all tenants occupying units subsequent to the notices given in compliance with sub-section A., above of the intent to convert, or the approval to convert, before the tenant consents to a lease or rental agreement; and

   D.   Apartment Availability. Provide tenants not wishing to purchase with information on available apartments of comparable size, price, and location within the city.

(Ord. 182 § 2 (part), 1997)

All approvals shall expire and become void if a final subdivision map is not filed within two years after tentative map approval, unless an extension of time is approved in compliance with Section 16.94.100 (Extensions).

(Ord. 182 § 2 (part), 1997)

The subdivider shall pay all costs of inspections and engineering reports prepared by appropriate city departments.

(Ord. 182 § 2 (part), 1997)

Converted units shall not be occupied until an occupancy permit has been issued by the building official, in compliance with this chapter, and the uniform building code.

(Ord. 182 § 2 (part), 1997)

Each calendar quarter following approval of the final map for a period of two years, the subdivider shall provide the following information to the department:

   A.   Tenant Information. Name, address, phone number, and current fees for the homeowners' association; and

   B.   Status Report. Status report on all units including sales price, financing available, number of units occupied by previous tenants, either as renters or buyers, number of units which are owner occupied, number of units which were purchased with intent to be used as rentals, number of occupants previously residing in the city, number of buyers who were formerly renters, and new addresses of tenants who do not remain in the project.

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to specify the content, form and review procedures required for the approval of lot line adjustments, in compliance with state law (Government Code Section 66412 [d]).

(Ord. 182 § 2 (part), 1997)

An adjustment may be filed in compliance with the provisions of this chapter to adjust the lot lines between four or fewer adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not created. The city engineer shall approve a lot line adjustment after receiving a recommendation from the community development department and upon determining that the proposed adjustment does not:

   A.   Additional Parcels. Create additional parcels;

   B.   Not Legal. Include parcels which are not legal, as defined in this development code;

   C.   Access. Impair existing access or easements or create a need for new access or easements to adjacent parcels, and street improvements or other subdivision improvements are not required;

   D.   Minimum Standards. Result in either one of the parcels failing to meet the minimum standards of this development code;

   E.   Public Improvements. Require substantial alteration of existing public improvements or create a need for new public improvements; or

   F.   Covenant of Improvement. Adjust the lot line between adjacent parcels for which a covenant of improvement requirements has been recorded and all required improvements have not been completed, unless the di-rector determines that the proposed lot line adjustment would not significantly affect the covenant of improvement requirements.

(Ord. 337 §§ 14, 15, 2005; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

If an existing parcel(s) is presently nonconforming with any provision of this development code, a lot line adjustment may be allowed, if the director determines that granting the adjustment would not increase the nonconformity, in compliance with Chapter 16.32 (Nonconforming Uses, Structures, and Parcels).

(Ord. 182 § 2 (part), 1997)

The procedure for filing a lot line adjustment shall be as follows:

   A.   Application. An application shall be filed in compliance with Chapter 16.86. (Application Filing, Processing, and Fees);

   B.   Lot line Adjustment Map. The lot line adjustment map shall be clearly and legibly drawn and shall contain all of the information identified in the Department's submittal requirements for lot line adjustments, in effect at the time the application is filed:

   C.   Drawings Maintained by the Department. The original drawings or reproducible copies of deed record drawings shall be maintained by the city engineer;

   D.   Recordation of Deed. The deed describing the adjustment/transfer shall be recorded with the county re-corder; and

   E.   Fee required. A fee in compliance with the council's fee resolution shall be paid at the time of filing the lot line adjustment map with the department.

(Ord. 182 § 2 (part), 1997)

   A.   Map Not Required. A tentative, parcel, or final map shall not be required as a condition to an approved lot line adjustment.

   B.   Record of Survey Not Required. A record of survey shall not be required as a condition to an approved lot line adjustment. unless specifically required by state law (Business and Professions Code, Section 8762).

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to specify the content, form and review procedures required for the approval of the following:

   A.   Owner Initiated Mergers. A property owner's application to allow the merger of parcels without the necessity of processing a parcel map (Government Code Section 66499.20 3/4);

   B.   City Initiated Mergers. A city-initiated merger, in compliance with state law (Government Code Section 66451.11); and

   C.   Unmergers and reversions. Unmergers and reversions to acreage, in compliance with the subdivision map act.

(Ord. 337 § 16, 2005; Ord. 182 § 2 (part), 1997)

   A.   Application by Property Owner.

      1.    Upon application by the owner, on a form approved by the city engineer and upon payment of applicable fees, contiguous parcels under the same ownership may be merged without filing a map for reversion to acreage. The form and content of the application and the required information, data, and other details shall be established by the department.

      2.    The city engineer shall have the authority to approve a merger, and a final map shall not required provided the merger does not involve the following:

         a.   Streets or other easements to be vacated;

         b.   Release of previously posted agreements or securities for improvements;

         c.   Release of previously paid fees or deposits made as a result of the division of the parcels to be merged; and/or

         d.   More than four parcels.

      3.    After approving a merger, the city engineer shall cause the preparation of an appropriate instrument which clearly describes the parcels to be merged. The instrument shall be executed by the subject owner and the city engineer, and shall be recorded with the county recorder, at the cost of the owner.

   B.   Initiated by City.

      1.   Parcels Deemed Merged. Two or more contiguous parcels which have been created under the provisions of the subdivision map act or any prior law regulating the division of land, or which were not subject to the provisions at the time of their creation. may be deemed merged by the city if all of the following conditions apply:

         a.   Any one of the contiguous parcels does not conform to standards for minimum parcel size, pre-venting its use or development in compliance with this development code;

         b.   Any one of the contiguous parcels has other development deficiencies or constraints (e.g., access limitations, etc.):

         c.   At least one of the contiguous parcels is not developed with a legally established structure for which a permit has been issued by the city; and

         d.   The contiguous parcels to be deemed merged are under the same ownership.

      2.   Instrument or Notice of Merger. Whenever the city considers that contiguous parcels have merged in compliance with this chapter, the city engineer shall cause the preparation of an appropriate instrument which clearly describes the real property deemed merged. specifying the record owner of the property, as listed on the current tax assessor's rolls. The instrument, or notice of merger, shall be filed with the county recorder, provided that at least thirty (30) days before the recording of the notice, the owner of the parcels to be affected by the merger is advised of the intention to record the notice, in compliance with the procedures specified by state law (Government Code Section 66451.11 et seq.).

(Ord. 337 § 17, 2005; Ord. 182 § 2 (part), 1997)

Parcels merged before January 1, 1984. for which a notice of merger had not been recorded on or before January 1, 1986, shall not be deemed to have merged, in compliance with state law (Government Code Section 66451.19).

(Ord. 182 § 2 (part). 1997)

   A.   Reversions. Subdivided real property may be reverted to acreage. in compliance with state law (Government Code Section 66499.11 et seq.), and this article. This article shall apply to final and parcel maps.

   B.   Resubdivision without Reversion. Subdivided lands may be merged and resubdivided without reverting to acreage, in compliance with state law (Government Code Section 66499.202).

   C.   Application. An application for reversion to acreage. including a map titled "Reversion to Acreage" shall be filed with the department, and reviewed by the city engineer.

   D.   Public Hearing. A noticed public hearing shall be conducted by the council on all proposed reversions to acreage. Notice of the hearing shall be in compliance with Chapter 16.76 (Public Hearings).

   E.   Council's Action. The council may approve an application for reversion to acreage only after making all of the mandatory findings outlined in state law (Government Code Section 66499.16), with or without conditions. in compliance with Section 66499.17.

The purpose of this chapter is to outline procedures for complying with the city's requirements for dedications, reservations, and development fees necessitated by the approval of subdivision projects, in compliance with the subdivision map act Chapter 16.36 (Public Facilities/infrastructure Mitigation) and this article.

(Ord. 182 § 2 (part), 1997)

The subdivider, as a condition of approval of a tentative map, shall dedicate, or make an irrevocable offer of dedication of, all parcels of land within the subdivision that are needed for streets, alleys, and access rights (e.g., scenic easements, trails, etc.). drainage, flood control, and other public utilities, in compliance with state law (Government Code Section 66475). In addition, the subdivider shall improve, or agree to improve, all of the required dedications and easements.

If off-site improvements are necessary, the provisions of Chapter 16.98 (Final and Parcel Maps) shall apply.

(Ord. 182 § 2 (part), 1997)

   A.   Access and Streets.

      1.   The subdivider shall offer to dedicate rights-of-way for streets within the subdivision in compliance with city standards.

      2.   A final map shall not be approved unless the street(s) providing primary access to the subdivision are dedicated to and maintained by the city, county, or state and the street(s) meets city standards for right-of-way width.

      3.   Streets which are proposed on the boundaries of a subdivision shall have a dedicated width of not less than forty-five (45) feet together with a strip of land one foot wide on its outer edge which shall be offered to the city for street purposes and over which access rights are relinquished.

      4.   All streets proposed to be terminated at the subdivision boundary' shall include a strip of land one foot wide across the street at its point of termination at the boundary which shall be portions of the adjacent parcels, offered for street purposes and over which access rights are relinquished.

      5.   Where required, a dedication. or offer of dedication. of a street shall include a waiver of direct access rights to the street from any property shown on a final map as abutting thereon. The waiver shall be-come effective only when the dedication is accepted.

      6.   Where it is necessary to extend a street beyond the boundaries of a subdivision to provide adequate circulation for residents of the subdivision, the subdivider shall cause the required easements to be dedicated to the city and shall improve the easements in compliance with city standards.

   B.   Bicycle Paths. The subdivider shall offer to dedicate, in compliance with city standards, the necessary rightsof-way for bicycle routes under the following circumstances:

      1.   When routes, as shown on the general plan, pass through or abut the subdivision; or

      2.   When a subdivider is required to dedicate rights-of-way for streets in a subdivision containing two hundred (200) or more parcels and the route is necessary and feasible for the use and safety of the residents.

   C.   Drainage Facilities.

      1.   Where a drainage facility or flood control facility is necessary for the use of parcel owners or for the protection of parcels, adequate rights-of-way for the drainage facilities or flood control facilities shall be offered for dedication to the city or to other public entities as the council designates, and shall be shown on the final map.

      2.   Where it is necessary to extend a drainage facility or flood-control facility beyond the boundaries of the subdivision for adequate drainage or flood-control needs, the required rights-of-way shall be offered for dedication.

      3.   Drainage facilities and flood-control facilities within and outside of the subdivision shall be provided to carry storm run-off, both tributary to and originating within the subdivision.

   D.   Local Transit Facilities. The subdivider, as a condition of approval of a tentative map, may be required to dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit-oriented facilities (e.g., bus turn-outs, shelters. etc.), in compliance with state law (Government Code Section 66475.2).

   E.   Parks and Recreation Facilities.

      1.    General. The purpose of this section is to provide additional park and recreational facilities and open space in the city. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section shall be in compliance with the policies. goals. and standards of the general plan and the parks master plan.

      2.    Requirements. The subdivider, as a condition of approval of a tentative map, shall dedicate land, pay a fee in-lieu, or both, at the discretion of the council, for park and/or recreational purposes, in compliance with state law (Government Code Section 66477). The specific condition(s) requiring dedication and/or payment of fee(s) shall state the time at which the subdivider shall transfer title and/or pay the applicable fee(s).

      3.    Park Area Standard. Five acres of land for each one thousand (1,000) persons residing within the city shall be devoted to park and recreational purposes, in compliance with the conservation and open space element of the general plan. Lands held as public open space, for wildlife habitat, shall not be included in this formula.

      4.   Formula and Standards for Park Land Dedication. In determining the amount of land to be dedicated or fees in-lieu, the average number of persons in each household by unit type, shall be determined from the most recent available Federal Census data. All lands to be dedicated for park and/or recreational purposes shall be found suitable by the council for park use (e.g., location, size, topography, environmental characteristics, etc.).

      5.   General Plan.

         a.   Where a public park or recreational 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 needs of the residents of that subdivision, the subdivider shall dedicate land for park and recreational facilities sufficient in size and physical characteristics to meet that purpose. The amount of land shall be determined in compliance with Section 16.1 06.030(E)(3) (Park Area Standard) above.

         b.   If there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision to serve the needs of the residents of that subdivision, the sub-divider shall, in compliance with the council's determination, dedicate land or pay a fee in-lieu of dedication in compliance with Section 16.106.030(E)(6) (Determination of Land or Fee) below.

      6.   Determination of Land or Fee. The council shall consider the following when evaluating the acceptance of land for dedication or payment in-lieu, or a combination of both:

         a.    Other applicable provisions of the general plan;

         b.   Access, geology, location, and topography of land in the subdivision suitable for dedication:

         c.   Size and shape of the subdivision and land suitable for dedication;

         d.   Feasibility of dedication; and

         e.   Availability of previously acquired private property.

      7.   In-lieu Fees. If the proposed subdivision contains fifty (50) parcels or less, the subdivider may pay a fee equal to the land value of that portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision, in compliance with Section 16.106.030.E.6., above, in-lieu of land dedication.

      8.   Commitment of Funds. The money collected for the purpose of acquiring. developing new, or rehabilitating existing park or recreational facilities related to serving the residents of the subdivision shall be committed in compliance with state law (Government Code Section 66477 [f]), within five years after payment of the fee or the issuance of building permits on one-half of the parcels created by the subdivision, whichever occurs later.

   F.   Reservations. The subdivider, as a condition of approval of a tentative map, may be required to reserve areas of real property for fire stations, libraries, parks. recreational facilities, or other public uses, in compliance with state law (Government Code Sections 66479 and 66480).

   G.   School Site Reservations. The subdivider, as a condition of approval of a tentative map, may be required to dedicate real property for the construction of an elementary school to ensure the residents of the subdivision adequate public school service. The dedication and subsequent repayment to the subdivider shall be in compliance with state law (Government Code Section 66478).

   H.   Solar Access Easements. The subdivider, as a condition of approval of a tentative map, may be required to dedicate easements for the purpose of ensuring that each parcel or unit in the subdivision may have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system, as defined by state law (Civil Code Section 801.5), in compliance with state law (Government Code Section 66475.3). At the time of tentative map approval; the commission may impose conditions which specify the following:

      1.   Standards. Standards for determining the exact dimensions and locations of the easements;

      2.   Restrictions. Restrictions on structures, vegetation, and other objects which would obstruct the passage of sunlight through the easement; and

      3.   Terms or conditions. Terms or conditions under which an easement may be revised or terminated.

(Ord. 182 § 2 (part), 1997)

The subdivider, as a condition of approval of a tentative map, may be required to install improvements of a supplemental capacity, length, number or size for the benefit of property not within the subdivision and that the improvements be dedicated to the public, in compliance with state law (Government Code Section 66485). The city, when imposing this section, shall agree to reimburse the subdivider for oversizing, in compliance with state law (Government Code Sections 66486 and 66487).

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to outline the requirements for implementing the improvements necessitated by the approval of a subdivision project(s), in compliance with state law (Government Code Sections 66411.1 and 66462.5). The subdivider, as a condition of approval of a final or parcel map, shall improve, or agree and guarantee to improve, all land either within or outside the subdivision to be used for public or private alleys, easements, pedestrian ways, streets, or other improvements, in compliance with the final or parcel map and this article.

(Ord. 182 § 2 (part), 1997)

The design and layout of all required improvements. both on- and off-site, public and private, shall conform to generally accepted engineering standards, the subdivision map act, and applicable provisions of this development code.

(Ord. 182 § 2 (part), 1997)

The subdivider, as a condition of approval of a tentative map, shall provide and install all required streets and related improvements necessitated by the approval of the subdivision project(s), either within or outside the subdivision, in compliance with the circulation element of the general plan.

(Ord. 182 § 2 (part), 1997)

   A.   Compliance. Completion of improvements outlined within this chapter shall be in compliance with any agreement or conditions of approval entered into by the subdivider and the city as well as plans and standard specifications applicable at the time of issuance of grading or building permits.

   B.   Remainder Parcel. If improvements are required for a designated remainder parcel, the fulfillment of the requirements by the construction of improvements shall not be required until a building or grading permit for development of the parcel is issued by the city or until the construction of the improvements is required in compliance with an agreement between the subdivider and the city.

   C.   Orderly Development. In the absence of an agreement, the council may require fulfillment of some or all of the construction requirements within a reasonable time following approval of the final map and before the issuance of a building or grading permit for the development of a remainder parcel upon a finding that fulfillment of the construction requirements is necessary for reasons of public health and safety or that the construction is a necessary prerequisite to the orderly development of the surrounding area.

   D.   Required Improvements. The council shall require, before a final map is approved by operation of law. the following:

      1.   Access, Bicycle Routes and Streets.

         a.   The subdivider shall grade and improve or agree to grade and improve all land dedicated or to be dedicated for streets or easements, bicycle routes, and all private streets and private easements laid out on a final map or parcel map in the manner and with the improvements necessary for the use of the parcel owners in the subdivision and local neighborhood traffic and drainage needs, in compliance with city standards.

         b.   The subdivider shall provide all necessary easements and rights-of-way to accommodate all streets, drainage, flood-control structures and facilities, public utilities, and sewer systems extending beyond the boundaries of the subdivision.

         c.   The subdivider shall pave all streets in compliance with city standards.

         d.   Surfacing shall not be required on any street, if the council rejects the offer of dedication of streets delineated on the map in compliance with state law (Subdivision Map Act Section 66477.1). Sur-facing shall not be required on any private street laid out on any parcel map where each parcel shown on the map contains a gross area of twenty (20) acres or more. These provisions shall not be construed as relieving the subdivider of the following:

            1)   Grading the rejected streets to grades and widths required by city standards;

            2)   Installing all drainage structures and facilities required by the city engineer, which shall con-form to city standards; and

            3)   Installing water-supply pipelines. fire hydrants. and connections as may be required by the city engineer and fire chief, which shall conform to city standards.

      2.    Cable Television Service. The design of a subdivision shall provide 1 or more appropriate cable television systems an opportunity to construct, install, and maintain any necessary equipment, in compliance with state law (Government Code Section 66473.3). This section is not intended to require free access to a subdivision, but to allow a cable franchise the opportunity to negotiate to provide the service.

      3.   Drainage Facilities.

         a.   The subdivider shall install or agree to install all drainage and flood-control structures and facilities required by the city engineer, which shall conform to city standards, or the standards of other appropriate agencies as the city engineer adopts.

         b.   Where the city has adopted a flood-control element or drainage element of the general plan, any improvements shall conform to the applicable element wherever possible.

         c.   Drainage across interior property lines shall not be allowed except in special circumstances approved by the city engineer, after establishment of approved easements.

      4.   Fire Hydrants. The subdivider shall provide and install or agree to install fire alarm systems, fire hydrants, and connections, either within and/or outside of the subdivision, in compliance with the requirements of the fire code.

      6.   Sanitary Sewers. The subdivider shall provide and install or agree to install adequate sanitary sewer facilities, either within or outside of the subdivision, in compliance with the requirements of the applicable water district.

      7.    Septic Systems. An individual subsurface disposal system may be utilized on parcels greater than one-half acre in size provided that the subdivider has obtained proper clearance from the city engineer and meets the County Health Department and Regional Water Quality Control Board standards and requirements.

      8.   Street Lights. The subdivider shall construct, or cause to be constructed at the subdivider's cost, a street lighting system in compliance with city standards unless it is determined that street lights will compromise the character and rural nature of the area, except that street lights may be required at certain inter-sections for traffic safety purposes.

      9.   Street Names. Street names shall be in compliance with the council's street naming policy, subject to the approval of the city engineer.

      10.    Street Trees.

         a.   The subdivider may be required to provide, install, and maintain approved street trees within the street right-of-way, dedicated planting easement, or within a combination of both.

         b.   The subdivider shall deposit funds, in the amount and manner established by the council, for all street trees not installed at the time of the city's acceptance of the public improvements.

      11.    Traffic Devices. The subdivider shall provide and install or agree to install traffic control, regulatory, warning and guide devices, and traffic signals, either within and/or outside of the subdivision, in compliance with the requirements of the city engineer;

      12.    Undergrounding Utilities. The subdivider shall provide for the undergrounding of all existing and pro-posed utility distribution or transmission facilities (e.g., cable television, electric, and telephone), within the subdivision boundaries and along peripheral streets, except for the following:

         a.   Concealed ducts, meter cabinets, pedestals, sectionalizing device cabinets, terminal cabinets, trans-formers, and other appurtenant facilities. Placement of these facilities is subject to the approval of the city engineer as to type and location;

         b.   The subdivider shall execute and record a covenant running with the land not to oppose a local improvement district for underground placement of utilities, where it is determined by the city engineer that it is not practicable to place the existing facilities underground within any single half-street section due to the existence of overhead utility services to properties on the opposite side of the half-street section. In developments where overhead utility distribution facilities are allowed to remain, all new services to existing parcels and parcels created in compliance with this development code shall be in-stalled underground from the nearest utility pole;

         c.   Poles or posts which support fire alarm devices, street lighting systems, or traffic control signal apparatus;

         d.   Power transmission lines having a capacity of thirty-three (33) kv or greater and long-distance and trunk communication facilities;

         e.   Severe soil or topographic constraints render installation costs prohibitive; and

         f.   The installation of cable television lines may be waived when, in the opinion of the council, no franchise cable television operator is found to be willing and able to install cable television lines in the subdivision. However, the installation of cable television conduits shall still be required. The subdivider shall be responsible for the associated costs and arrangements with each public utility.

         g.   If the proposed subdivision is located in the rural residential zone, the subdivider can request a waiver of the under-grounding of all existing utility distribution or transmission facilities from the planning commission at the time the tentative map is being considered where under-grounding is not practical because of cost or other factors.

      13.    Walls. The subdivider may be required to provide a wall adequate to prevent access between the subject subdivision and adjacent properties for each parcel located on the exterior boundary of the subdivision. The design of the wall shall be subject to the approval of the director and in compliance with Chapter 16.22 (Fences, Hedges, and Walls).

         a.   Water areas within the proposed subdivision shall be reviewed by the commission as to proper de-sign and improvement, form and dimensions, and relationship to street and parcel design and pro-posed and existing land uses in the proposed subdivision and adjoining areas.

         b.   Improvement plans for water areas shall include the following, which shall be subject to county health department and city engineer approval:

            1)   Scaled plan(s) of the water areas, indicating proposed depths of water, normal water levels, slopes and types of bank retention, and the dimensions, grades, locations, and types of water conduits;

            2)   Data regarding storm drainage area and runoff volumes under normal and extreme conditions, water area capacity for storm drainage storage, details of water level controls and pumping, and methods of flushing and filling the water areas;

            3)   Data regarding water quality, methods of controlling insects, water growth, and vegetation;

            4)   Proposed method of maintenance and operation of water areas, including control points and other features and methods of access;

            5)   Proposed restrictions and covenants governing the use of the water areas; and

            6)   Proposed easements of rights-of-way to be dedicated for storm drainage or other public purposes.

         a.    The subdivider shall install or agree to install all required water systems necessary to serve the sub-division unless the property is located in the rural residential zone and this requirement is waived by the city. If this requirement is recommended to be waived, the subdivider shall provide a statement from the water district that additional wells will not affect the availability of groundwater in the area and that adequate fire flow is available to meet fire department requirements; and

         b.    The subdivider shall ensure that:

            1)   The subdivision will be connected to a domestic water system approved by the city;

            2)   All water mains shall be of a material(s) that complies with the requirements of the water company or agency serving the subdivision; and

            3)   All water lines, appurtenances, and service connections shall be constructed or laid before paving, or that provisions have been made to ensure the construction.

         a.   The subdivider shall abandon all water wells in a manner approved by the city engineer and the State Department of Water Resources.

         b.   The location of any well(s) shall be delineated on the final or parcel map, and well logs, if available, shall be submitted to the Department.

         c.   In the event that a new well is constructed, it shall meet all applicable city, county, and state standards and requirements.

      17.   Monument and Landscaping Lots.

         a.   Entry to residential subdivisions from General Plan secondary or larger roads shall be designed with monument lots on both sides of the entry street. This monument lot shall have a minimum twelve (12) foot depth, measured from the street right-of-way. The lot shall be landscaped and have a distinctive entry statement in the form of a monument sign or wall. Additional landscaped area for the monument lot may be required for larger subdivisions.

         b.   Landscaping along secondary or larger roads for residential subdivisions shall provide an increase landscaped area in the parkway as shown on Table 5.12. Landscaped lots along the parkway shall be designated a lettered lot per Section 16.98.060.G.2 and maintained by a property owners association or other legal entity for maintenance in perpetuity. Lots shall have a minimum depth of ten (10) feet and may be part of the monument lot. Meandering sidewalks and enhanced landscaping shall be encouraged for secondary and major roads, and required for arterial or larger roads.

   TABLE 5.12
   REQUIRED RESIDENTIAL PARKWAYS

 

(Ord. 536-18 § 2 (part), 2018; Ord. 367 § 2, 2006; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

The commission may require the subdivider, as a condition of approval of a tentative map, to grant easements not less than ten feet in width along each side of the rear lot line, and not less than five feet in width along each side of the side lot lines for drainage, public utility, and sanitary sewer purposes. Easements of lesser width(s) may be allowed when approved by the city engineer, after conferring with the affected public utility system(s).

(Ord. 182 § 2 (part), 1997)

The design of a subdivision shall provide, to the maximum extent feasible, for future passive or natural heating or cooling opportunities, in compliance with state law (Government Code Section 66473.1).

(Ord. 182 § 2 (part), 1997)

Construction grading and erosion control shall be conducted to prevent sedimentation or other damage to off-site properties, and shall be in compliance with the city standards for stormwater/urban runoff management and discharge control requirements and state law (Government Code Section 6641 1). Drainage, erosion, and sedimentation control measures shall be shown on the subdivider's improvement plans.

(Ord. 182 § 2 (part), 1997)

All subdivisions shall abut upon or have an approved means of access to a public street. In addition, the following standards shall apply:

   A.   Approved Access. Each parcel or unit within the subdivision shall have approved direct access to a public or private street;

   B.   Future Access. Street layout shall be designed to provide for future access to, and not impose undue hard-ship upon, property adjoining the subject subdivision; and

   C.   Maintenance of Private Streets. In the case of private streets, the subdivider shall provide an appropriate method for permanent maintenance, subject to the approval of the city engineer and city attorney.

(Ord. 182 § 2 (part), 1997)

The design, orientation, shape, and size of each parcel, which provides for a suitable building site, shall be appropriate to its location and type of development contemplated/proposed. The following standards shall apply:

   A.   Lot Lines at Right Angles. The lot lines of all parcels, so far as practical, shall be at approximately right angles to the fronting street, or approximately radial to the center of the curvature, if the street is curved. Side lines of each parcel shall be approximately radial to the center of the curvature of a cul-de-sac, where applicable;

   B.   Parcel Widths. The following minimum width requirements shall apply where no parcel width requirements are established by this development code:

      1.   Corner Parcels: Sixty (60) feet in width; and

      2.   Interior Parcels: Fifty (50) feet in width.

   C.   Reverse Corner Parcels. Reverse corner parcels shall be avoided. (Refer to Chapter 16.110, Definitions of Specialized Terms and Phrases);

   D.   Double Frontage Parcels. Interior parcels having double frontage shall generally not be allowed unless the second frontage is an approved alley;

   E.   Parcel Remnants. Remnants of property, with the exception of one-foot control lots, and approved non-buildable sites, which do not conform to parcel requirements or which are not required for public or private utility purposes shall not be created;

   F.   Top of Slope. Lot lines between adjacent parcels within a subdivision shall be located at the top of any graded slope;

   G.   Development Code Compliance. All parcels shall be in compliance with the requirements of this development code;

   H.   Landscaped Frontage. All lots shall have a minimum of fifteen (15) feet of frontage on a street available for landscaping, which may require a tapered driveway for lots with less than thirty-five (35) feet of lot frontage; and

   I.   Flag Lot Corridors. The access corridor for a flag lot shall not be counted as part of the required minimum lot area.

(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)

   A.   Supplemental Size and Capacity.

      1.   The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental capacity, number, or size for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map and thereafter to dedicate the improvements to the public.

      2.   When the supplemental capacity, number, or size is solely for the benefit of property not within the subdivision, the city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of the improvements equal to the difference between the amount it would have cost the subdivider to install the improvements to serve the subdivision only and the actual cost of the improvements in compliance with the provisions of the Subdivision Map Act.

   B.   Method of Payment. The council shall determine the method for payment of the costs required by a reimbursement agreement which may include the establishment and maintenance of local benefit districts for the levy collection of the charge or costs from the property benefited.

(Ord. 182 § 2 (part), 1997)

   A.   Public Hearing Required. A charge, area of benefit, or local benefit district shall not be established unless and until a public hearing is held and the council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of the supplemental improvements and the actual ultimate beneficiaries.

   B.   Notice of Hearing. In addition to the notice required by state law (Government Code Section 66451.3), written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supple-mental improvements insofar as they can be identified at the time. The notices shall be mailed by the city clerk at least ten days before the scheduled public hearing.

(Ord. 182 § 2 (part), 1997)

If the city has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees, or has established an area of benefit for bridges or major thoroughfares in compliance with Section 16.36.010, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of the identified charge(s). The city may enter into reimbursement agreements with a subdivider who constructs the facilities, bridges, or thoroughfares and the fee(s) collected by the city may be utilized to reimburse the subdivider. Refer to Chapter 16.36 (Public Facilities/Infrastructure) for specific requirements.

(Ord. 182 § 2 (part), 1997)

The required frontage improvements may be deferred when deemed appropriate by the city engineer. Deferral shall be allowed when the city engineer finds that construction is impractical due to physical constraints. When improvements are deferred, the subdivider shall enter into an agreement with the city for the installation of all frontage improvements at a future date as determined by the city engineer. The agreement shall provide for the following:

   A.   The agreement shall be acceptable to the city engineer and city attorney;

   B.   Construction of required improvements shall begin within ninety (90) days of the receipt of notice to proceed from the city engineer;

   C.   in the event of default by the subdivider or successors, the city is authorized to cause the construction to be done and charge the entire cost and expense to the subdivider or successors. including interest from the date of notice of the cost and expense until paid;

   D.   The agreement shall be recorded with the county recorder, at the expense of the subdivider, and shall constitute:

      1.   Notice to all successors of title to the real property of the obligation; and

   E.   In the event of litigation caused by a default of the subdivider or successors, the subdivider or successors agree to pay all costs involved, including reasonable attorneys fees, which shall become a part of the lien against the real property;

   F.   The term "subdivider" shall include not only the present owner but also heirs, successors, executors, administrators, and assigns, with the intent that the obligations undertaken shall run with the real property and constitute a lien against it: and

   G.   Other provisions deemed necessary by the city engineer. The agreement shall not relieve the subdivider from any other specific requirements of the subdivision map act or this article.

(Ord. 182 § 2 (part), 1997)

Improvement plans shall be prepared by a registered civil engineer licensed by the state, shall include all improvements required in this article, and shall be in compliance with applicable city standards.

   A.   Form and Content. The form. content, specifications, and supporting data of an improvement plan shall conform to the requirements of the city engineer.

   B.   Review and Approval by City Engineer.

      1.   The subdivider shall submit the improvement plans. plan check fees, and all supporting data to the city engineer for review.

      2.   The subdivider shall revise the improvement plans until acceptable by the city engineer. Upon completion of the improvement plans and satisfaction of all other requirements of this article, the subdivider shall transmit the original set of improvement plans to the city engineer for final review and signature. The originals shall be retained by the city engineer.

      3.   Approval by the city engineer shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements and for any error, omission, or any deficiency resulting from the design, or from any required conditions of approval, of the tentative map.

   C.   Revisions to Approved Plans

      1.   By Subdivider. Requests by the subdivider for revisions to the approved plans, appearing necessary during construction, shall be submitted in writing by the engineer of record to the city engineer and shall be accompanied by revised drawings showing the proposed revision(s). If found acceptable and consistent with the approved tentative map. the amended originals shall be initialed by the city engineer. Construction of any proposed revision(s) shall not proceed until the revised plans have been initialed by the city engineer.

      2.   By City Engineer. When revisions are deemed necessary by the city engineer to protect the public health and safety, or as field conditions may require. a request shall be made to the subdivider.

      3.   City Engineer's Review. The subdivider shall revise the plans and transmit the original(s) to the city engineer for initialing within the time period specified by the city engineer.

      4.   City Engineer's Approval. Construction of all. or any portion of, the improvements may be stopped by the city engineer, in compliance with Chapter 16.84 (Enforcement Provisions), until the revised drawings have been submitted, approved, and initialed by the city engineer.

(Ord. 182 § 2 (part), 1997)

   A.   Compliance with Development Code. Unless the council requires the subdivider to construct improvements before final map approval, the subdivider may elect to construct improvements or to otherwise comply with the requirements of this development code and with the conditions in the resolution approving the tentative map or, if authorized by the council, may contract to initiate and consummate special assessment district proceedings in lieu of constructing improvements, in compliance with state law (Subdivision Map Act Section 66462).

   B.   Remainder Parcel. If the subdivider consents, or the council requires, the improvement agreement may pro-vide for the improvements for a designated remainder parcel before issuance of a building or grading permit for the parcel.

   C.   Plans and Specifications. The subdivider shall prepare and deposit with the city clerk detailed plans and specifications of the improvements to be constructed or the conditions to be met, and the plans and specifications shall be made a part of any agreement or contract and of the required improvement security, in compliance with Section 16.108.160, below.

   D.   City Engineer. The city engineer is authorized to sign the improvement agreement(s) on behalf of the city.

(Ord. 182 § 2 (part), 1997)

   A.   Required. Any improvement agreement. contract, or act required or authorized by the subdivision map act, for which security is required, shall be secured in compliance with state law (Government Code Section 66499).

   B.   General.

      1.   Improvement Agreement. The subdivider shall enter into a contract with the city, acceptable to the city attorney, to make, install, and complete within the time fixed, but in no case more than two years from the date of execution of the contract, all improvements and land alteration(s) in compliance with the plans approved by the city.

      2.   Security Arrangements.

         a.    The subdivider shall file security to guarantee completion of public and private improvements in compliance with the improvement agreement as follows:

            1)   One hundred (100) percent of the total estimated cost of all required improvements including bonding requirements for grading as outlined in Section 16.108.070 (Erosion Control and Grading) and preservation/replacement of mature trees as outlined in Chapter 16.42 (Tree Preservation), conditioned upon the faithful performance of the act or agreement:

            2)   Fifty (50) percent of the total estimated cost of all required improvements, to secure payment to the contractor, subcontractor(s), and others furnishing labor, materials, or equipment for grading and/or other improvements;

            3)   Ten percent of the total estimated cost of the improvement or act to be performed to guarantee or warranty the work for a period of one year following completion or acceptance thereof against any defective work or labor done or defective materials furnished;

            4)   A monumentation security in an amount proposed by the subdivider's engineer to cover the cost of placing lot corners and other related monuments;

            5)   If the required subdivision improvements are financed and installed in compliance with special assessment proceedings, upon the furnishing by the contractor of the faithful performance and labor and material security required by the special assessment act being used, the city engineer may reduce the improvement security of the subdivider by an amount corresponding to the amount of the security furnished by the contractor; and

            6)    The subdivider may satisfy the requirement for security of certain improvements by providing proof that the required security has been posted with another public agency subject to the approval of the city engineer.

         b.    Security may be of the following types subject to the approval of the city engineer and city attorney as to form:

            1)    Bonds. All bonds shall be executed by a surety company authorized to transact business as a surety, and have an agent for service in the state, together with an "A" policy holder's rating and a financial rating of at least "V" in compliance with the current "Best's" ratings:

            2)   Cash Deposits. in lieu of the faithful performance and labor and material bonds, the subdivider may submit cash deposits under the following conditions:

               a)   Disbursements from cash deposits shall be made in compliance with a separate agreement between the subdivider and the city:

               b)   A bookkeeping fee of one percent of the total amount deposited with the city for each cash deposit shall be submitted with each security; and

               c)   Disbursements from a cash deposit shall not be allowed unless and until authorized in writing by the city engineer.

            3)   Letter of Credit. In lieu of faithful performance and labor and material bonds or cash deposits, the subdivider may submit a letter of credit subject to the California Commercial Code. The let-ter of credit shall be issued by a financial institution organized and doing business in, and subject to regulation by, the state. The letter shall be in a form and content as approved by the city attorney, and shall pledge that the funds necessary to meet the performance are on deposit and guaranteed for payment and agree that the funds designated by the instrument shall become trust funds for the purposes identified in the instrument.

         c.    The city clerk shall not endorse or sign its certificate contained on the final map unless and until an appropriate improvement security, as specified above, has been posted with the city;

         d.    The requirements outlined above are also applicable to a parcel map for which the installation of public improvements or grading is a condition of approval: and

         e.    Final or parcel maps shall not be presented to the council for acceptance until the requirements of this section have been met and until all charges and fees established by the council, and pertaining to the subject property, have been paid.

   C.   Improvement Agreement Not Required With Special Permit.

      1.   Special Permit. If the subdivider desires to do certain work before entering into an agreement with the city to install and complete all required subdivision improvements and alteration work, the subdivider may apply to the city engineer for a special permit to do so.

      2.   Application. The application shall be accompanied by detailed plans, clearly describing the work which is proposed for completion.

      3.   City Engineer's Action. The city engineer may issue a special permit to the subdivider upon submittal of an application, provided security has been posted in an amount which would ensure the rehabilitation of the land, including grading and planting. in the event the final subdivision map is not recorded.

      4.   Security. The security and contractor's qualifications shall be in compliance with this section.

      5.   Improvement Agreement Not Required . When the special permit is for all work required in connection with the subdivision and the work has been completed, inspected, and approved by the city engineer, an improvement agreement shall not be required.

   D.   Security Administration.

      1.   Letter of Credit. In the case of a letter of credit, the issuing bank or association shall receive a copy of the notice of completion.

      2.   Progress Payments. Progress payments may be made to the subdivider from any deposit money or letter of credit which the subdivider may have made in-lieu of providing a security bond. Progress payment(s) shall not be made for more than ninety (90) percent of the value of any installment of work and the aggregate amount paid is not in excess of fifty (50) percent of the total amount posted as improvement security. Progress payment(s) from cash deposits shall not be made except upon certification by the city engineer, and the subdivider, that all required work has been completed.

      3.    Release, Retention, and Reduction of Security. The security may be released, in whole or in part, in the following manner:

         a.    Security given for faithful performance or any act or agreement shall be released upon the perfonnance of the act and final completion, and acceptance of the required work by the city engineer. A maximum of three partial releases of the security may be granted by written order of the city engineer upon determination by the city engineer that the work has been properly completed and that the remaining amount of security is adequate to guarantee the completion of the remaining improvements. Requests for partial releases, identifying in detail the amount of work completed, shall be made in writing to the city engineer.

         b.    Security guaranteeing the payment to the contractor, the subcontractors, and to persons furnishing labor, materials, or equipment may, after passage of the time within which claims of lien are required to be recorded in compliance with state law (Civil Code Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3), and after acceptance of the work, be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the board. If no claims of lien have been recorded, the security may be released in full. Requests for release shall be made to the city engineer who may, before the release of any security under this subparagraph, require the subdivider to provide a title report or other form of evidence sufficient to show what claims of lien, if any, are of record on the subdivision.

         c.    The release of the security shall not apply to any required guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. In any case where the performance of the obligation for which the security is required is subject to the approval of another agency, the security shall not be released until the obligation is performed to the satisfaction of the other agency. The city shall notify the servicing agency in writing and the agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.

         d.    The liability upon the security given for the faithful performance of any act or agreement shall be limited to:

            1)   The performance of the work covered by the agreement between the subdivider and the city for the performance of the required act;

            2)   The performance of any changes or alterations in the work, provided that all changes or alterations do not exceed ten (10) percent of the original estimated cost of the improvement;

            3)   The guarantee and warranty of the work for a period of one year following completion and acceptance thereof against any defective work or labor done or defective materials furnished in the performance of the agreement or the performance of the act; and

            4)   Costs and reasonable expenses and fees, including reasonable attorneys' fees.

         e.    If the estimated cost of completing the street/drainage improvements, water system improvements, sewer system improvements, or the setting of the monuments is less than five thousand dollars ($5,000.00), a cash bond shall be required for that specific improvement.

         f.    The city engineer is authorized to release or reduce the security in compliance with this Section.

      4.    Forfeiture of Surety. In the event that the subdivider fails to complete all improvement work in compliance with the provisions of this section and the improvement agreement, and the city has to complete the work, the city shall call on the security for funds necessary to complete the improvement work as reimbursement or shall appropriate from any cash deposit funds for reimbursement. If the amount of any surety is less than the cost and expense incurred by the city, the subdivider shall be liable to the city for the difference. Cash remaining in the possession of the city. after completion of the improvement work, shall be returned to the originator minus normal administrative costs.

   E.   Lien Contract for Improvement for Subdivisions of Four or Fewer Parcels.

      1.   In lieu of constructing or agreeing under Section 16.108.040 to construct any required improvements, the city engineer may require the subdivider to enter into an agreement with the city to construct the improvements in the future and require the subdivider to grant the city a lien on the land being divided, thereby securing completion of the future improvements.

      2.   The lien granted in compliance with subparagraph (E}(1) above may be used to secure future improvements in easements, rights-of-way, irrevocable offers of dedication, or any other improvements or conditions of the parcel map.

      3.   The city engineer is authorized to sign the agreement on behalf of the city.

(Ord. 182 § 2 (part), 1997)

   A.   Compliance With Standards. The construction methods and materials for all subdivision improvements shall be in compliance with city standards.

   B.   Issuance of permits. Construction shall not commence until all required improvement plans have been approved by the city engineer and all applicable city permits have been issued.

   C.   Inspections. All subdivision improvements are subject to inspection and approval by the city engineer.

(Ord. 182 § 2 (part), 1997)

   A.   Time Limits.

      1.   All of the required subdivision improvements shall be completed by the subdivider within eighteen (18) months from the date of final map recordation, unless an extension is granted by the city engineer. Extensions of time may be granted at any time by the city engineer, either at its own option. with or without notice to the subdivider and surety, or at the written request of the subdivider, with or without notice to the surety. Each extension shall be for a period not to exceed one year.

      2.   In addition to the above, and as a further condition to granting an extension of time, the city engineer may require that additional agreements or security be furnished to the city as necessary to guarantee the completion of the improvements.

   B.   Failure by Subdivider.

      1.   Upon the failure of the subdivider to complete any improvements, acts, or obligations within the time specified. the city clerk shall give notice in writing of not less than ten days served upon the person responsible for the performance thereof, or notice in writing of not less than twenty (20) days served by registered mail addressed to the last known address of the person.

      2.   If the council determines that the subdivider is in default. the council may cause the improvement security, or the portion thereof as is necessary to complete the work or act, and any other obligations of the subdivider secured thereby, to be forfeited to the city.

(Ord. 182 § 2 (part), 1997)

   A.   General.

      1.   After all improvement deficiencies have been corrected and improvement plans filed, the completed sub-division improvements shall be considered by the council for acceptance, as recommended by the city engineer.

      2.   Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that the public improvements have been accepted for public use.

   B.   Notice of Completion. When the subdivision has been accepted by the city engineer or the council. the sub-divider shall file a notice of completion with the county recorder.

   C.   Acceptance of a Portion of the Improvements.

      1.   Upon written request of the subdivider, the city engineer may recommend that the council accept a portion of the subdivision improvements.

      2.   The improvements shall only be accepted by the council if it finds that it is in the public interest, and the improvements are for the use of the general public.

      3.   Acceptance of a portion of the improvements shall not relieve the subdivider from other requirements and provisions specified in this article.

(Ord. 182 § 2 (part), 1997)