(a)

Title. This Chapter may be cited as the Rancho Santa Margarita Subdivision Code.

(b)

Purposes.

(1)

The purpose of this Chapter is to provide regulations and control of the design and improvement of subdivisions in the City, in accordance with the Subdivision Map Act (Government Code §§ 66410 et seq.).

(2)

Other purposes of this Chapter are:

a.

To implement the General Plan;

b.

To provide regulations and controls, within the law, over the use of land in the City for the health, safety and welfare of present and future residents of the City; and

c.

To provide a procedure for lot line adjustments in the City.

(c)

Prohibitions.

(1)

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

(2)

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

(3)

No permit to develop any real property which has been divided or which has resulted from a division in violation of the Subdivision Map Act or this Chapter shall be granted by any officer or employee of the City or by the Planning Commission or the City Council unless a certificate of compliance has been issued and recorded for the property to be developed in accordance with Section 9.10.150.

(d)

Development Services Director. The Development Services Director shall be responsible for enforcing the provisions of this Chapter.

(e)

Subdivision manual. The Development Services Director shall formulate such rules, procedures and interpretations as may be necessary or convenient to administer this Chapter. Such rules, procedures and interpretations shall be made available to the public at a cost sufficient to pay for printing.

(f)

Processing and filing fees. Fees to cover the costs incurred by the City in processing maps, plans and requests filed pursuant to the provisions of the Subdivision Map Act and this Chapter shall be paid to the City in compliance with the fee resolution adopted by the City Council.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Map Act prevails. The definitions in the Subdivision Map Act shall govern the meaning of words in this Chapter, except as follows:

(b)

Zoning Code, Grading Code—Map Act definitions apply. Unless otherwise defined in this Chapter, words and phrases used in this Chapter shall be deemed to have the same meaning as applied to them in this Title, Chapter 10.12 and the Subdivision Map Act.

(c)

Subdivision Code definitions.

(1)

Master plan of drainage. Refers to an engineering report outlining the drainage facilities needed for the proper development of a specific increment of the City, and duly adopted by the City Council.

(2)

Vehicular access rights. Refers to the right of persons to gain entry or exit with a vehicle to or from a street or driveway to or from abutting land.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Tentative tract maps. A tentative tract map is a preliminary map that is used whenever a parcel or a number of contiguous parcels of land is proposed to be subdivided for the purpose of creating five or more lots, five or more condominium units, the conversion of five or more existing dwelling units to a stock cooperative, or a community apartment project containing five or more apartment units, except as otherwise specified by Subsection (b) or (e).

(b)

Tentative parcel maps. A tentative parcel map is a preliminary map that is used whenever a parcel or contiguous parcels of land is proposed to be subdivided for the purpose of creating fewer than five lots, fewer than five condominium units, or a community apartment project containing fewer than five apartment units, or where:

(1)

The land before division contains fewer than five acres, each parcel proposed to be created by the subdivision will abut upon a maintained public street or highway, and all dedications and improvements required by City standards have been previously complied with;

(2)

Each parcel proposed to be created by the subdivision will have a gross area of 20 acres or more and vehicular access rights for a continuous width of not less than 20 feet to a maintained public street or highway;

(3)

The parcel of land proposed to be subdivided is within a tract of land zoned for commercial or industrial uses and abuts a street or highway which have been approved by the City as to alignment and width and to which it has a right of vehicular access for a minimum continuous width of not less than 28 feet; or

(4)

Each parcel proposed to be created by the subdivision will have a gross area of not less than 40 acres or not less than one quarter of a quarter Section.

(c)

Final tract maps. A subdivision may be created by the recordation of a final tract map that is in substantial conformance with all or a portion of the approved tentative tract map. It shall be filed in compliance with the provisions of this Chapter, the Subdivision Map Act and the City's procedures.

(d)

Final parcel maps.

(1)

A subdivision may be created by the recordation of a final parcel map that is in substantial conformance with an approved tentative parcel map or with a portion of an approved tentative parcel map which complies with the provisions of Subsection (b)(3). A final parcel map may also be recorded on portions of a tentative parcel map when such portions comply with the specifications of Subsections 9.10.030 (b)(2), (3) or (4). It shall be filed in compliance with the provisions of this Chapter, the Subdivision Map Act and the City's procedures.

(2)

A final parcel map shall be based upon a field survey except that a parcel map may be compiled from record data when the City Engineer determines that the subdivision does not require a field survey, provided the map complies with the provisions of the Subdivision Map Act.

(e)

Exceptions. Certain types of land divisions and transactions may be completed without complying with the entire tentative and final tract or parcel map procedure, as specified.

(1)

A request for determination as to the status of any parcel of land created as a result of a lease or conveyance specified by Subsections a. through h. may be submitted in compliance with the certificate of compliance procedure as stated in Section 9.10.150. Neither a tentative or final tract or parcel map is necessary for the following:

a.

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

b.

Mineral, oil or gas leases;

c.

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

d.

Leases of agricultural land for agricultural purposes;

e.

Subdivisions in which every parcel has a gross area of 60 acres or more;

f.

Lot line adjustments;

g.

Conveyances of land for rights-of-way to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such a public utility; however, in any of these instances a tentative and final tract or parcel map may be required if the Development Services Director determines that a map is necessary for purposes of public health and safety or for the general welfare;

h.

Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.

(2)

A final map is not required when waived pursuant to the provisions of Section 9.10.130.

(3)

A request for certificate of compliance may require a tentative map, as specified by the Development Services Director.

(f)

Vesting tentative maps. A vesting tentative map is a map which confers a vested right to proceed with development for a specified time after recordation.

(1)

A vesting tentative map is at the option of the subdivider and shall not be a prerequisite to any proposed subdivision or application for development.

(2)

A vesting tentative map shall be identified on the submittal as a "vesting tentative map."

(3)

A vesting tentative map is limited to development of the property per the applicable regulations in existence at the time of approval of the vesting tentative map or per Subsection (4).

(4)

Whenever a subdivider files a vesting tentative map whose intended development is inconsistent with the zoning code in effect at that time, the inconsistency shall be noted on the vesting tentative map, and the vesting tentative map shall be processed subject to the provisions of Subsection 9.10.050(h).

(5)

A vesting tentative map shall be processed in the same manner as a tentative map. However, previously approved tentative maps which were not approved as vesting tentative maps may be so approved only if refiled and processed in compliance with all requirements herein.

(6)

The provisions of Subsection 9.10.050(l) shall apply to an approved or conditionally approved vesting tentative map.

(7)

The vested right for a recorded subdivision map shall be for a period of one year beyond the recording date of the final map or parcel map, and shall confer on such maps all rights described in Government Code §§ 66498.1 through 66498.8. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year time period shall begin when the final map or parcel map for that phase is recorded. Prior to the expiration of the initial one-year period, the developer may apply for a one-year extension of the period of the vested right.

(8)

The provisions of Subsection 9.10.050(k) shall apply to an approved or conditionally approved vesting tentative map.

(9)

Fees for the filing and processing of vesting tentative maps shall be the same as the fees established for the filing and processing of tentative maps. However, the City Council may establish by resolution an additional fee to cover additional costs incurred by the processing of vesting tentative maps including extensions of time.

(10)

Fees for development permits (e.g., building and grading permits) filed per an approved vesting tentative map or a recorded vesting final/parcel map shall be the fees in effect at the time of issuance of such permit.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Types of maps covered. This Section pertains to tentative parcel maps and tentative tract maps.

(b)

Form and contents. Tentative maps shall conform with such requirements as to form and contents as may be specified in the City's procedures.

(c)

Who may file. Any property owner who proposes to subdivide his/her property may file a tentative map. Any person who proposes to subdivide property that is legally owned by another person may file a tentative map for such property with the written consent of the legal owner of record.

(d)

Certification of ownership and irrevocable offers of dedication.

(1)

Each tentative map shall be signed by the property owner or owners of record, and shall be accompanied by the legal description of the real property proposed for subdivision.

(2)

When any portion of a tentative map includes property that is owned by a public agency, the certification of ownership need not include the signatures for such ownerships, provided such portions are clearly identified on the map.

(3)

When any portion of a tentative map includes property on which an irrevocable offer of dedication has been made to a public agency, such portion shall be clearly identified on the tentative map.

(4)

Any agency to which an irrevocable offer of dedication has been made shall sign the final tract/parcel map which includes the area over which the irrevocable offer has been made.

(e)

Title report. Tentative maps shall be accompanied by a preliminary title report which discloses all possessory interests and interests of record in the land being subdivided when determined to be necessary by the Development Services Director.

(f)

Environmental documents. Tentative maps shall be accompanied by appropriate environmental documents in accordance with the California Environmental Quality Act.

(g)

Soils report.

(1)

Unless the requirement is waived by the Director pursuant to Subsection (2) or deferred pursuant to Subsection (3), tentative maps shall be accompanied by a preliminary soils report based upon adequate test borings and prepared by a registered civil engineer. If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils report on each proposed lot in the subdivision containing any such soils problem shall accompany the tentative map. Such reports shall include recommended corrective action which is likely to prevent structural damage.

(2)

The Development Services Director may waive the preliminary soils report required by Subsection (1) for tentative tract maps where he/she determines that it is unnecessary because the City already has sufficient information as to the qualities of the soils in the proposed subdivision and for tentative parcel maps.

(3)

The Development Services Director may defer the requirement for a preliminary soils report until the submission of a final tract or parcel map.

(h)

Additional information.

(1)

Tentative maps shall be accompanied by such additional information as may be specified by the Development Services Director. The Development Services Director shall have the authority to include among such requirements geologic, seismic and hydrology reports; aerial photographs and transparent overlays; grading, site development and landscaping plans, including building setback lines; evidence from the proposed sewering agency and water supplier with respect to their capacity of serving the proposed subdivision; fire protection and fuel modification reports; and any other information reasonably relevant to proposed subdivisions.

(2)

The Development Services Director may require supplementary information, depending upon the type of map involved, the scope of the proposed subdivision, and the anticipated environmental impacts of the subdivision.

(3)

The Development Services Director may require the submission of additional information after the filing of tentative maps as necessary.

(i)

Filing. Tentative maps submitted for approval shall be filed with the Development Services Director, who shall accept such maps only when he/she determines that the requirements for filing a tentative map established by this Chapter and the Subdivision Map Act have been satisfied. The date the tentative map is filed shall be the date that the Development Services Director determines that the application is complete and can be accepted for processing. If the application is not complete, the applicant shall be notified in writing within 30 days of the date the processing fees were collected of that fact and of the matters necessary to complete the application. Each tract and parcel map shall be identified by a number prominently displayed on the face of the map issued by the County Surveyor. The time for processing tentative maps, as set forth in Subdivision Map Act §§ 66452, 66452.1 and 66452.2 begins when the application is deemed complete.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Types of maps covered. This Section pertains to processing tentative tract maps and tentative parcel maps after it has been filed and deemed complete.

(b)

Copies to concerned agencies.

(1)

Where a local agency has filed a territorial map with the Development Services Director pursuant to the Subdivision Map Act, the Development Services Director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to said local agency within three days of the date the tentative map is filed.

(2)

When the State Department of Transportation has filed with the City Council a map of territory within one mile on either or both sides of any State highway routing pursuant to the Government Code, the Development Services Director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to the district office of the Department of Transportation within three days of the date the tentative map is filed.

(3)

Within three days of the date a tentative map is filed, the Development Services Director shall give notice of the filing to the governing boards of the school district or districts within which the proposed subdivision is located pursuant to the Government Code.

(c)

Time for action. The Planning Commission shall act upon a tentative map within the time specified in the Subdivision Map Act unless:

(1)

An extension of time for action is mutually consented to by the subdivider and the Planning Commission, in which case the map shall be acted upon within the time agreed upon, or

(2)

The subdivider withdraws the map.

(d)

Reports and recommendations. Reports and recommendations on tentative maps shall be in writing and shall be served on the subdivider at least three days prior to the date that action on the map is scheduled, providing that a subdivider:

(1)

May waive this requirement, and

(2)

May consent to the receipt by the Planning Commission of additional recommendations; and provided further that a subdivider shall be deemed to have so consented unless the subdivider specifically objects to the form and timeliness of such additional recommendations prior to the time the Planning Commission takes action on the tentative maps.

(e)

Review of tentative maps. Each tentative map shall be reviewed by the Planning Commission, which shall approve, conditionally approve or disapprove it.

(f)

Substitution of revised maps. A revised tentative map may be submitted at any time prior to action on the map by the Planning Commission. The time for action on a tentative map specified in Subsection (c). shall recommence upon the acceptance by the Development Services Director of a revised tentative map.

(g)

Meetings and hearings.

(1)

The Planning Commission shall act on tentative maps at regularly scheduled meetings when the matter has been duly placed upon the Commission's agenda. The Development Services Director may set any map for public hearing before the Planning Commission when it has been determined that it would be in the public interest to do so. The Planning Commission shall conduct its meetings in the same manner as public hearings, and all interested persons shall be given an opportunity to address the Planning Commission on any matter pertaining to a proposed subdivision without regard to whether the matter is identified as a public hearing.

(2)

Where approval of a tentative map will constitute a substantial or significant deprivation of the property rights of other landowners, notice shall be given to all persons shown in the latest equalized assessment roll as owning property within 300 feet of the property proposed to be subdivided by the procedures established in Section 9.08.150.

(h)

Zoning conformance.

(1)

The Planning Commission shall not approve or conditionally approve a tentative map which does not conform with the applicable zoning district except as provided in Subsection (2).

(2)

A tentative map may be approved when it conforms with zoning which has been recommended for adoption by the Planning Commission on the condition that the zoning must become effective prior to recordation of the final tract or parcel map.

(3)

A tentative map shall not be approved if it is apparent that any proposed parcel cannot be developed to its intended use without the modification of site development standards.

(i)

Findings required. A tentative parcel map or tentative tract map shall be approved or conditionally approved only if the Planning Commission makes the following findings:

(1)

That the proposed map is consistent with the General Plan;

(2)

That the design and improvement of the proposed subdivision is consistent with the General Plan;

(3)

That the site is physically suitable for the proposed type of development;

(4)

That the requirements of the California Environmental Quality Act have been satisfied;

(5)

That the site is physically suitable for the proposed density of development;

(6)

That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat;

(7)

That the design of the subdivision and the type of improvements proposed are not likely to cause serious public health problems;

(8)

That the design of the subdivision and the type of improvements proposed will not conflict with easements of record or established by court judgment acquired by the public at large for access through or use of property within the proposed subdivision; or, if such easements exist, that alternate easements for access or for use will be provided and that these will be substantially equivalent to ones previously acquired by the public; and

(9)

That the design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations pursuant to Subsection (h).

(j)

Additional findings required.

(1)

The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system, where such a system exists, would result in or add to a violation of existing requirements prescribed by the San Diego Regional Water Quality Control Board. In the event it is determined that the proposed waste discharge would result in or add to such a violation, the Planning Commission shall disapprove the tentative map unless there are extenuating or overriding considerations, in which case these shall be stated.

(2)

In the event a subdivision fronting upon a public waterway, river or stream or upon a lake or reservoir owned in part or entirely by a public agency does not provide public access to such public resources through the subdivision itself in accordance with the requirements of Subsections 9.10.060(u) and (v), the Planning Commission shall find that reasonable public access to the resource in question is otherwise available within a reasonable distance from the subdivision. If this finding cannot be made, the map shall be disapproved.

(3)

If the Planning Commission approves or conditionally approves a tentative map which deviates from any standard of design as allowed by Section 9.10.060(y), the Planning Commission shall make a finding or findings that each such deviation has been individually considered and found to be justified based upon specific special circumstances which apply.

(k)

Modification of maps and conditions of approval.

(1)

Upon the request of the subdivider, approved tentative maps may be modified and conditions of approval may be modified or deleted by the Planning Commission. In all cases, the Development Services Director shall attempt to notify any third parties who have previously indicated an interest in the matter of the Planning Commission's scheduled consideration of the modification. Mandatory and automatic extensions of time as are provided for in the Subdivision Map Act are not affected by this provision.

(2)

If the Development Services Director determines that the proposed modification is a minor modification of no significant effect and it complies with the spirit and intent of the original approving action, he/she may approve the modification without further compliance with this Chapter.

(l)

Period of validity; extension.

(1)

An approved or conditionally approved tentative map shall expire 36 months after its approval or conditional approval, unless prior to the expiration date a subdivider requests an extension of time to record said map.

(2)

The Planning Commission may grant an extension of time for the map to be recorded for a period or periods not exceeding a total of five years beyond the original date of expiration. In cases where the Development Services Director determines that a request for an extension of time to record involves no new significant environmental effects in addition to those considered during the original approval and that there have been no changes in the underlying zoning regulations applicable to the subject site that are inconsistent with the approved map, he/she may grant an extension of time for the map to be recorded for a period not exceeding five years beyond the original date of expiration without submitting the matter to the Planning Commission.

(3)

An extension may be granted only where it will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

(4)

Mandatory and automatic extensions of time as are provided for in the Subdivision Map Act are not affected by this provision.

(m)

Appeal of tentative map to city council.

(1)

Any interested person may appeal to the City Council from any action of the Planning Commission by filing an appeal with the Development Services Director within ten days of the action.

(2)

The appeal shall identify the action being appealed, specify why the appellant is dissatisfied with the action, and suggest alternative action.

(3)

The Development Services Director shall bring the matter before the City Council for hearing within 30 days after the date of filing the appeal. The subdivider, the appellant, and other interested property owners, shall be given at least ten days notice of the City Council's hearing as provided in Government Code § 65090.

(4)

The City Council may affirm, reverse or modify any recommendations or rulings of the Planning Commission and may make such findings as it deems appropriate. The City Council need not limit its review to those specific conditions being appealed, but may review the whole action taken by the Planning Commission.

(5)

An appeal, once filed, may be withdrawn by the appellant.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Conformance with standards of design. Subdivisions shall be designed in conformance with the following standards of design. Deviations from these standards may be requested pursuant to Subsection (y).

(b)

Compliance with grading and excavation code. No tentative tract map or parcel map shall be approved for property on which a violation of the provisions of the Chapter 10.12 exist, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated to the satisfaction of the City Engineer prior to recordation.

(c)

Boundary lines.

(1)

Tentative map boundaries shall be drawn so as to include all of the area of all abutting parcels which are owned by the same property owner and proposed for boundary alteration. However, when any land is proposed to be divided in such a way that the subdivision will include a portion of such land, any portion with a contiguous gross area of five acres or more which is not proposed to be included within the subdivision may be identified by reference on the tentative map.

(2)

A portion of a tentative parcel map may be designated as a remainder for the purpose of an exception to the survey requirements, in compliance with the following provisions:

a.

Any remainder shall have a gross area of five acres or more.

b.

Any remainder so designated shall not be considered to be a building site.

c.

Any remainder so designated shall not be improved with any building or structure that is subject to the requirements of the Uniform Building Code.

(3)

Whenever a parcel of real property lies partially within the City and partially within an unincorporated area or another city, any proposal to subdivide such real property shall be consistent with existing City boundaries. No lot or parcel, except proposed public or private street rights-of way, shall be partially within the City and partially within an unincorporated area or other city. Any portion of such real property lying within the City, an unincorporated area or other city, shall be included on the tentative map for the purpose of showing the remainder parcel, but any approving action on the tentative map by the City shall not be construed as approval of any design or improvements shown within the other city or unincorporated area.

(4)

Regardless of its size, no portion of any property shown on the latest equalized County assessment roll as a unit or contiguous units shall be excluded from within the boundaries of a subdivision for the purpose of avoiding dedication or improvement of any street, drainage or flood control facility.

(d)

Lots/parcels.

(1)

Each lot or parcel being created by a subdivision shall be either numbered or lettered. If it is numbered, it must comply with the requirements of a building site as defined in this Title.

(2)

Lettered lots or parcels may not be used as building sites and need not comply with the requirements of a building site.

(3)

Lettered lots other than streets shall be labeled as to their intended use.

(4)

A numbered lot which is platted so that it is in more than one zoning district shall comply with area and width requirements of the zoning district having the greater requirements.

(e)

Arterial highways. If an existing or proposed arterial highway or transportation corridor as shown in the circulation element of the General Plan is located so that any portion of such highway lies within or adjacent to a subdivision, the highway or corridor shall be shown on the map in a width and in an alignment corresponding to the master plan of arterial highways, and the highway or corridor shall be designed in accordance with the applicable specific plan to the satisfaction of the City Engineer.

(f)

Private streets. Private streets shall be permitted, pursuant to conditions as specified by the City, only when the City finds that the occupants of the subdivision will be better served and the welfare of the general public will not be impaired thereby.

(g)

Restricted access to highways. Subdivisions shall be designed so as to limit vehicular access to highways shown on the master plan of arterial highways.

(h)

Street widths. Subdivisions shall be designed in conformance with the City standards, except:

(1)

Streets in residential zoning districts requiring a building site area of 15,000 square feet or more and where no sidewalks are to be installed, shall have a right-of-way that will provide a parkway width of at least four feet.

(2)

Private streets serving four or fewer parcels as access to a public street shall provide for a minimum pavement width of 16 feet within a minimum twenty-foot-wide right-of-way.

(3)

Private streets serving five parcels or more as access to a public street shall provide for a minimum pavement width of 28 feet within a minimum 40-foot-wide right-of-way.

(4)

Streets in a subdivision which provides an approved alternate pedestrian circulation system shall have a right-of-way that will provide a minimum parkway width of at least four feet.

(i)

Curved local street and highway radii. The centerline radii of curves on local streets or highways shall be not less than:

(1)

One thousand five hundred and fifty feet on highways shown on the master plan of arterial highways as major arterial highways;

(2)

One thousand four hundred feet on highways shown on the master plan of arterial highways as primary or secondary arterial highways;

(3)

Five hundred fifty feet on collector streets;

(4)

Two hundred fifty feet on local streets.

(j)

Local street lengths. Local streets shall not exceed 1,000 feet in length without a significant change in alignment.

(k)

Local street and highway corner cutoffs and corner radii. All local street and highway corner cutoffs and corner radii shall be designed in conformance with the City's regulations.

(l)

Sidewalks and pedestrian ways.

(1)

Sidewalks shall be designed in accordance with the City's regulations and located as follows:

a.

Along both sides of arterial highways.

b.

Along all commercial and industrial frontage;

c.

Along both sides of collector streets;

d.

Along residential frontage where the required minimum building site area is less than 15,000 square feet and the lots have access to the street, except in those instances where an alternate pedestrian circulation system is proposed;

e.

Along all streets leading directly to a school, a designated school bus stop or a park;

f.

Where the sidewalk will provide a continuation or link between other sidewalks.

(2)

Additional pedestrian ways not abutting a street shall be provided when necessary for access to schools, recreation and other public areas. These pedestrian ways shall not be less than six feet in width.

(3)

In areas required for compliance with the Americans with Disabilities Act (ADA) requirements.

(m)

Bicycle, riding and hiking trails. Where the County Commuter Bikeways Strategic Plan (for street bicycles) or the master plan of regional riding and hiking trails (for mountain bicycles, hikers, and equestrians) or any officially adopted specific or precise plan designates such trails as lying wholly or partially within any proposed subdivision, the necessary right-of-way for such trails shall be shown on the map in compliance with such adopted plans, and shall be designed in accordance with the Orange County Highway Design Manual and the Riding and Hiking Trails Design Manual.

(n)

Street lighting. Street lighting shall be provided along, and at the intersections of all arterial highways and local streets in accordance with the illumination levels specified in the City standards except as otherwise approved by the Development Services Director.

(o)

Underground utility lines.

(1)

Utility lines, including, but not limited to, electric, communications, street lighting and cable television, shall be required to be placed underground within any new, revised or reactivated residential subdivision. The subdivider is responsible for making the necessary arrangements with the utility companies for the installation of such facilities. For the purpose of this Subsection, appurtenances and associated equipment such as, but not limited to, surfacemounted transformers, pedestal mounted terminal bases and meter cabinets, and concealed ducts in an underground system may be placed aboveground within the street right-of-way where sufficient right-of-way width exists so as not to pose a serious hazard to pedestrian traffic. If approved by the Development Services Director, utility lines, the main purpose of which is to provide service to customers outside of the original boundaries of the subdivision, and those utility lines which were in service in the area covered by the tentative tract or tentative parcel map prior to the filing of the tentative map may be placed aboveground.

(2)

Required underground utility lines may be located in street or alley rights-of-way or along any lot line.

(3)

Overhead utility lines shall be located at the rear of lots or parcels where practical. The poles supporting such overhead lines shall not be installed within any street, alleyway, drainage easement or flood control channel.

(4)

Above ground installation of utilities shall be permitted on a temporary basis when such utilities are required during construction; provided, however, that such utilities shall be removed or placed underground prior to the final exoneration of street improvement bonds.

(p)

Sewers. All lots intended for development shall be connected to a sanitary sewer system.

(q)

Drainage and erosion control.

(1)

Tentative maps shall illustrate the existing and proposed manner in which water drains onto, across and off of the land being subdivided, including the facilities and easements necessary to accommodate the drainage.

(2)

In the event a subdivider unnaturally concentrates or diverts surface water running onto adjacent land, the map shall illustrate the manner in which such water will be accepted and disposed of.

(3)

If an existing or proposed flood control channel, as shown on an officially adopted flood control plan, is located so that any portion of it lies within (or adjacent to) a subdivision, the channel shall be illustrated on the map as a lettered lot in a width and in an alignment corresponding to the flood control plan.

(4)

Where any lot is designed in such a manner that it will not drain with a minimum one percent grade directly to a street or common drainage facility, it shall be designed in a manner that will conform to the following criteria:

a.

Lots shall be designed in such a manner that man-made slopes are not subject to sheet flow or concentrated runoff from either the same or an adjacent lot.

b.

All water flowing down man-made slopes, except that falling on each slope, shall be constrained within an approved drainage device.

c.

All water flowing from one lot to or across another lot shall be within an approved drainage device located within a properly executed easement, where appropriate.

(r)

Man-made slopes.

(1)

Man-made slopes shall be designed so that they can be conveniently maintained so as to minimize erosion, slope failure and unsightly conditions.

(2)

This Section does not apply to man-made slopes five feet in height or less.

(3)

All man-made slopes shall be shown on tentative maps and shall be classified, labeled and designed as follows:

a.

Type "A". Those proposed to be maintained by a public agency or by a group, such as a homeowner's association, and which are located either adjacent to an arterial highway or within a park, greenbelt, or other public or common open space area.

b.

Type "B". Those proposed to be maintained by a group, such as a homeowners' association, and which are located within or adjacent to individual owners and which are not within a park, greenbelt, or other public or common open space area.

c.

Type "C". Those proposed to be maintained by individuals and which are located within individual lots in such a manner that they are inappropriate for maintenance by a group such as a homeowner's association.

(4)

Man-made slopes shall be designed to resemble natural terrain where feasible, with a minimum of long, flat, inclined plane surfaces and acute angles.

(5)

Man-made slopes shall be no steeper than allowed by Chapter 10.12.

(6)

The maximum height of man-made slopes steeper than five feet horizontal to one foot vertical shall be as follows:

a.

Type "A" and type "B". No maximum.

b.

Type "C". Twenty feet.

(7)

Man-made slopes shall not be constructed one on top of another or combined in such a manner so that they exceed the maximum heights specified in Subsection (6). However, this limitation shall not apply to adjacent slopes on land abutting the subdivision, provided there is a visual and physical break of at least ten usable feet, exclusive of drainage facilities, between the top of the lower slope and the toe of the upper slope.

(8)

Lettered lots shall not include type "C" slopes, unless such slopes will be directly visible from the probable building pad on the lot.

(9)

Automatic irrigation systems shall be incorporated into the design of type "A" and type "B" slopes. An irrigation system connected to the water system serving the main use of the lot shall be incorporated into the design of type "C" slopes.

(10)

The design of man-made slopes shall include landscaping in accordance with the requirements of Subsection (t).

(s)

Parks. Local parks shall be shown on the tentative map as required by Chapter 9.11 and in a manner consistent with the General Plan.

(t)

Landscaping and screening. The design of the areas listed below shall include appropriate landscaping for aesthetic, noise suppression, fire protection and/or erosion control purposes:

(1)

Man-made slopes greater than five feet in height;

(2)

Common areas;

(3)

Roadway medians and parkway areas;

(4)

Lots containing existing significant trees or other plants proposed to be preserved;

(5)

Fuel modification areas;

(6)

Other open space areas.

(u)

Rivers and streams.

(1)

Any proposed subdivision fronting upon a public waterway, river or stream shall be designed so as to provide reasonable public access by fee or easement from a public highway to and along that portion of the bank of the river or stream bordering or lying within the proposed subdivision. The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the public waterway, river or stream consistent with public safety.

(2)

The governmental entity to which the access route will be offered for dedication shall be indicated on the map.

(3)

In determining what is reasonable public access, the following factors shall be considered:

a.

That access may be for a foot trail, bicycle trail or horse trail;

b.

The size of the subdivision;

c.

The type of riverbank and the various appropriate recreation, educational and scientific uses, including, but not limited to, swimming, boating, diving, fishing, water skiing, scientific collection and teaching.

d.

The likelihood of trespass on private property and reasonable means of avoiding such trespass.

(v)

Lakes and reservoirs.

(1)

Any proposed subdivision fronting upon any lake or reservoir which is owned in part or entirely by a public agency shall be designed so as to provide reasonable public access by fee or easement from a public highway to the water of the lake or reservoir upon which the subdivision borders, either within the subdivision or a reasonable distance from the subdivision. The extent width and character of the public easement shall be defined to achieve reasonable public use of the lake or reservoir consistent with public safety.

(2)

The governmental entity to which the access route will be offered for dedication shall be indicated on the map.

(3)

In determining what is reasonable public access, the following factors shall be considered:

a.

That access may be for a highway, foot trail, bike trail or horse trail;

b.

The size of the subdivision;

c.

The type of shoreline and the various appropriate recreational, educational and scientific uses, including, but not limited to, swimming, diving, boating, fishing, waterskiing, scientific collection and teaching;

d.

The likelihood of trespass on private property and reasonable means of avoiding such trespass.

(w)

Fire protection.

(1)

Any subdivision proposed to be located in an area shown in the safety element of the General Plan to be a State designated high or extreme fire hazard area or an Orange County designated special fire protection area shall provide appropriate fire protection by means of firebreaks, fuel modification programs, access roads, sufficient water supply, landscaping and open spaces, and such other methods that the Fire Chief has determined will insure the public health, safety and welfare of the future occupants of the subdivision and the adjacent area.

(2)

The design of any required fuel modification program shall include landscape architectural planning encompassing visual quality standards, watershed impact and erosion control, and wildlife impact and other design features described in the fire hazard reduction design criteria. Said program shall include provisions for landscape architectural construction observation, inspection and maintenance.

(3)

The cost of the design and implementation of any fuel modification program shall be the responsibility of the subdivider.

(4)

A method or procedure for assuring continued maintenance of any required fuel modification program shall be provided by the subdivider and approved by the Fire Chief and the Development Services Director.

(x)

Dangerous areas to be removed or controlled.

(1)

Areas proposed to be subdivided which are known to be dangerous by reason of geological conditions, unstable subsurface conditions, groundwater or seepage conditions, flood hazard, or any other dangerous conditions, shall be approved for subdivision only when the Planning Commission finds that such conditions or hazards are to be removed or that appropriate measures or controls will be applied which will assure adequate protection to the subject property and to surrounding uses and improvements.

(2)

Areas proposed for subdivision in a floodplain shall provide for flood protection meeting the criteria set forth in Chapter 9.12 for all building sites.

(y)

Deviations from standards of design.

(1)

The Planning Commission may approve tentative maps which deviate from the standards of design contained in the following Subsections:

a.

9.10.060(d) Lots/parcels;

b.

9.10.060(e) Arterial highways;

c.

9.10.060(g) Restricted access to highways;

d.

9.10.060(h) Street widths;

e.

9.10.060(i) Curved local street and highway radii;

f.

9.10.060(k) Local street and highway corner cutoffs and corner radii;

g.

9.10.060(l) Sidewalks and pedestrian ways;

h.

9.10.060(m) Bicycle and equestrian trails;

i.

9.10.060(n) Street lighting;

j.

9.10.060(o) Underground utility lines;

k.

9.10.060(r) Man-made slopes;

l.

9.10.060(t) Landscaping and screening;

m.

9.10.060(w) Fire protection;

(2)

The deviations from the standards of design contained in Sections listed in Subsection (1) shall be identified by a note on the face of the tentative map, and the subdivider shall submit evidence of justification for each deviation.

(3)

Special circumstances which may be cited to justify a deviation from the standards of design listed in Subsection (1) include, but are not limited to, the character of the community, alternative means of pedestrian circulation, environmental considerations, physical constraints, existing nearby uses and a limited amount of ultimate traffic.

(4)

The Planning Commission shall take specific action on each requested deviation. Deviations not specifically approved shall be considered to be disapproved.

(z)

Floodplain. Areas proposed for subdivision in floodplains, as defined by Chapter 9.12, shall comply with the following:

(1)

All subdivision proposals shall be consistent with Chapter 9.12;

(2)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage, with their structural supports designed to withstand hydrodynamic loading;

(3)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

(4)

Base flood elevation data shall be provided for subdivision proposals and other development proposed within the floodplain.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 20-01, §§ 4, 5, 1-8-2020)

(a)

Required dedication for public use or benefit. The Planning Commission may require the dedication to the public, to the City or to such other public agency as may be appropriate of real property or interest therein both on or off site required for public use or benefit, including, but not limited to, the following:

(1)

Local streets, arterial highways, and transportation corridors;

(2)

Alleys;

(3)

Trails, paths, and pedestrian ways;

(4)

Flood-control facilities;

(5)

Parks;

(6)

Easements for landscaping maintenance;

(7)

Public utility easements;

(8)

Public transit facilities;

(9)

Other public easements;

(10)

Accessways to lakes, reservoirs, rivers, or streams as provided in Sections 9.10.060(u) and 9.10.060(v).

(b)

Transfer of ownership required for private use or benefit. The Planning Commission may require that the items listed in Subsection (a) be deeded for private use or benefit to a homeowners association or other responsible body.

(c)

Vehicular access rights to arterial highways and local streets. Whenever specified by the Planning Commission, offers of dedication of arterial highways shall include the release and relinquishment of vehicular access rights to and from such arterial highways from any property shown within a final tract or parcel map abutting thereon. When the City finds that there is a particular circulation problem on a local street, release and relinquishment of access rights to and from said street may be required.

(d)

School sites. The subdivider submitting a tentative tract map may be required to dedicate land for the school facilities necessary to assure the residents of the subdivision adequate public school service in accordance with the requirements and procedures set forth in the Subdivision Map Act. Whenever the Planning Commission imposes such a dedication requirement, it may concurrently approve an alternate tentative map, to be effective in the event the school district affected does not offer to enter into a binding commitment within 30 days to accept the dedication. A dedication pursuant to this Section shall only be required at the request of a school district made within 20 working days of the notice given pursuant to Subsection 9.10.050(b).

(e)

Method of dedication. Dedications and offers of dedication shall be made by a certificate on the final tract or parcel map. Separate instruments may be used with the approval of the Development Services Director, when permitted by law and when the subdivider intends to dedicate or offer for dedication real property prior to the approval of a final tract or parcel map.

(f)

Exceptions. Dedications required by Subsection (a) shall not be required for any remainder parcel that is sufficient as to size and shape to be further divided in compliance with applicable zoning regulations provided the Planning Commission determines that such dedications and improvements are not necessary immediately for public use or benefit and that the property owner will not be excused from a requirement to dedicate and install necessary improvements at a later date.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Improvements required.

(1)

The Subdivider shall grade and improve or agree to grade and improve all land shown on the final tract or parcel map for those dedications listed in Subsection 9.10.070(a) in compliance with the requirements of the approved tentative map in such a manner and with such improvements as are necessary for the general use of the lot or parcel owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final tract or parcel map.

(2)

The subdivider may be required to improve or agree to improve those dedications which are necessary or convenient to ensure conformity to or implementation of the General Plan.

(b)

Subdivisions of four or fewer parcels.

(1)

Required improvements shall be noticed by a certificate on the final parcel map or the instrument evidencing waiver of the parcel map. Except as otherwise specified in Subsection (3), the certificate shall include a requirement for fulfillment of such improvements prior to issuance of any building permit or other grant of approval for development of the parcel, or for installation of the improvements at such earlier time as provided in the agreement.

(2)

The agreement required by Subsection (e) shall be entered into prior to the City Engineer's approval of the parcel map for recordation, or prior to granting a waiver of the parcel map. Except as otherwise specified in Subsection (3), the agreement shall provide for installation of the improvements prior to the granting of any building permit or other grant of approval for development of the parcel, or for the installation of the improvements at such earlier time as provided in the agreement.

(3)

The requirements for installation of the improvements prior to issuance of building permits may be omitted from a parcel map when such a requirement is not a condition of approval of the parcel map or waiver of parcel map.

(c)

Standards. Improvements shall be designed and constructed in accordance with the standards of design contained in Section 9.10.060, the City standards, and any other applicable standards adopted by the City Council.

(d)

Improvement plans. All improvement plans of improvements to be installed within or supplemental to the final tract or parcel map must be approved by the appropriate agency prior to approval of the final tract or parcel map.

(e)

Agreements in lieu of improvements. If any improvements are not completed satisfactorily or any monuments not set before the final tract or parcel map is approved, the subdivider shall enter into an agreement with the City whereby, in consideration of the approval by the City of the final tract or parcel map, the subdivider agrees to perform and to furnish the equipment and material necessary to complete the required work within the time specified in the agreement. Such agreement shall be accompanied by security as provided in Subsections (g) and (i).

(f)

Plan checking, engineering and inspection fees. Subdividers submitting detailed plans and specifications for approval required by Subsection (d) shall pay plan checking, engineering, and inspection fees as established by resolution of the City Council.

(g)

Improvement security. Security in the form specified by Subdivision Map Act shall be furnished with every improvement agreement. The amount of the security shall be as follows:

(1)

If bonds are furnished by one of the authorized corporate sureties:

a.

A performance bond in the amount of 100 percent of the estimated cost of the improvement.

b.

A labor and material bond in the amount of 100 percent of the estimated cost of the improvement.

(2)

If money, instruments of credit or negotiable bonds are furnished, 100 percent of the estimated cost of the improvement. Said money, instruments of credit or negotiable bond shall apply to both faithful performance and payment to the contractor, subcontractors, laborers, materialmen and other persons employed in the performance of the agreement.

(h)

Release of security. The Development Services Director is authorized to release security in accordance with the provisions of the Subdivision Map Act.

(i)

Monumentation.

(1)

Monuments shall be set for each tract and parcel map in accordance with the provisions of the Subdivision Map Act and in accordance with the rules and procedures approved by the City Engineer.

(2)

The agreement referred to in Subsection (e) shall be accompanied by security in the sum not less than the cost of setting such monuments.

(j)

Extension of time. The Development Services Director is authorized to grant an extension of time to the agreement specified in Subsection (e), if in his/her opinion a delay in the completion of the improvements is justified and the delay will not cause substantial inconvenience to the general public.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Local park fees. Local park fees shall be paid as required by the Chapter 9.11.

(b)

Drainage and sewer facilities fees.

(1)

The City Council may, from time to time after a public hearing and written notice to the owners of property therein, adopt master plans of drainage and sewer facilities for various areas of the City. Such plans shall contain an estimate of the total costs of constructing the local drainage and sewer facilities required by the plan and a map of the area showing its boundaries and the location of the planned facilities.

(2)

Upon filing of a final tract or parcel map and as a condition of approval of said final tract or parcel map, a drainage and sewer fee shall be paid in the amount set forth in the legislative action adopting and establishing a master plan of drainage and sewer facilities, if any, within which any portions of the subdivision may lie. Such charges and fees collected as a condition of subdivision approval shall hereinafter be referred to as drainage and sewer fees. In the event local drainage and sewer facilities are being constructed by the subdivider in conjunction with the subdivider's improvements, an agreement to construct said local drainage and sewer facilities may be accepted in lieu of part or all payment of drainage and sewer fees.

(3)

The funds derived from the drainage and sewer fees shall be used for purposes of defraying the cost of designing and constructing planned local drainage and sewer facilities for the removal of surface and storm waters from the local drainage and sewer area described in such master plan of drainage and sewer facilities.

(4)

The City Council, in adopting a master plan of drainage and sewer facilities, shall find and determine that the subdivision and development of property will require construction of the facilities described in said master plan and that the drainage and sewer fees are fairly apportioned within the local drainage and sewer area, both on the basis of benefits conferred on property proposed for subdivision and on the need for local drainage and sewer facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.

(5)

The fee as to any property proposed for subdivision within an area covered by a master plan of drainage and sewer facilities shall not exceed the pro rata share of the amount of the total estimated cost of all facilities within such area would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.

(6)

Drainage and sewer fees required by this Section shall be paid into a local drainage and sewer facilities fund. A separate fund shall be established for each local drainage area. Moneys in such funds shall be expended for design and construction engineering and administrative services for those local drainage and sewer facilities within the planned local drainage and sewer area from which the fees comprising the fund were collected.

(7)

At the discretion of the City Council, rights-of-way dedication, actual construction and design by a duly registered civil engineer, and payment of plan check, engineering and inspection fees for the improvement of local drainage and sewer facilities described in a duly adopted master plan of drainage and sewer facilities may be accepted in lieu of the payment of drainage and sewer fees.

(8)

Moneys may be advanced by the City from its General Fund or other sources to pay the cost of local drainage and sewer facilities within a local drainage and sewer area having a duly adopted master plan of drainage and sewer facilities, and subsequently such moneys advanced may be reimbursed from the local drainage and sewer facilities fund for the local drainage and sewer area in which the drainage and sewer facilities described in the master plan were constructed.

(9)

When required for the implementation of a duly adopted master plan of drainage and sewer facilities so as to provide adequate drainage for a subdivision, an agreement may be entered into between the subdivider and City whereby the subdivider may advance funds for local drainage and sewer facilities within a local drainage and sewer area, provided that the sole security for payment of funds or other consideration advanced shall be moneys subsequently accruing to a local drainage and sewer facilities fund for said local drainage and sewer area in which the facilities are constructed. Reimbursement shall be for the amount advanced only and shall not include interest or other charges.

(10)

After completion of the facilities and the payment of all claims from any planned local drainage and sewer facilities fund, the City Council shall determine by resolution the amount of surplus, if any, remaining in any of such funds. Any such surplus shall be used, in such amounts as the City Council may determine, for one or more of the following purposes:

a.

For transfer to the General Fund of the City, provided that the amount of such transfer shall not exceed five percent of the total amount expended from the particular fund;

b.

For the construction of additional or modified facilities within the particular drainage or sewer area; or

c.

As a refund in the manner provided in Subsection (11).

(11)

Any surplus remaining in a planned local drainage and sewer facilities fund shall be refunded as follows:

a.

There shall be refunded to the current owners of property for which a fee was previously collected the balance of such moneys in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage or sewer area.

b.

Where property for which a fee was previously collected has subsequently been divided into more than one lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected.

c.

There shall be transferred to the General Fund of the City any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements or the adoption by the City Council of a resolution declaring a surplus, whichever is later to occur.

(c)

Major thoroughfare and bridge fees.

(1)

A subdivider, as a condition of approval of a tentative map, or a building permit applicant, as a condition of issuance of a building permit, shall pay a fee as hereinafter established to defray the costs of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares.

(2)

Definitions:

Area of benefit means a specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge project.

Bridge facilities means those locations identified in the transportation or flood control provisions of the circulation element or other element of the General Plan as requiring a bridge to span a waterway, a railway, freeway, or canyon.

Construction as used in this Section includes preliminary studies, design, acquisition of right-of-way, administration of construction contracts, and actual construction.

Major thoroughfare means those roads designated as transportation corridors and major, primary, secondary, or commuter highways on the master plan of arterial highways or the circulation element of the General Plan. The primary purpose of such roads is to carry through traffic and provide a network connecting to the State highway system.

(3)

The provisions herein for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the General Plan adopted by the City Council at least 30 days prior to the filing of a map or application for a building permit and on land located within the boundaries of the area of benefit.

(4)

Payment of fees shall not be required unless any major thoroughfares are in addition to, or a widening or reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

(5)

Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.

(6)

Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of the Development Services Director. The proposal will be forwarded to the Planning Commission for its review and recommendations at a regular, adjourned or special meeting. The Planning Commission's comments and recommendations and the Development Services Director report, shall be transmitted to the City Council. The City Council shall set a public hearing for each proposed area benefited. Notice of the time and place of said hearing including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment shall be given in the following manner:

a.

If there are 100 or fewer property owners within the proposed area of benefit, notice shall be given at least ten calendar days before the hearing by first class mail addressed to each property owner within the boundary of the proposed area of benefit.

b.

If there are more than 100 property owners within the proposed area of benefit, notice shall be given at least ten calendar days before the hearing by the following:

1.

Notice published at least once in a newspaper of general circulation within the proposed area of benefit.

2.

Notices posted throughout the proposed area of benefit with at least three notices posted at arterial highway intersections within the proposed area of benefit.

3.

Notices sent by first-class mail to all Municipal Advisory Committees and known homeowners associations within the proposed area of benefit.

4.

Notice by first-class mail to any person who has filed a written request there for with the Development Services Director. Such request shall apply for the calendar year in which it is filed.

(7)

The following are additional procedures:

a.

The City Council shall consider testimony, written protests, and other evidence. At the conclusion of the public hearing, the City Council may, unless a majority written protest is filed and not withdrawn as specified in Subsection c., determine to establish an area of benefit. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded with the City Clerk;

b.

Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this Section, the City Council shall make provisions for payment of the share of improvement cost apportioned to such lands from other sources.

c.

Written protest will be received by the City Clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefited, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this Section. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public hearing.

d.

If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this Section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the City Council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in Subsection (6).

e.

Nothing in this Section shall prohibit the City Council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of improvements so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such improvement or portion thereof.

(8)

Fees paid pursuant to this Section shall be deposited in a planned major thoroughfare and bridge fees fund, established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvements serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City for the costs of constructing the improvement.

(9)

The City Council may approve the acceptance of considerations in lieu of the payment of fees established herein.

(10)

The City Council may approve the advancement of money from the General Fund or other applicable fund to pay the costs of constructing the improvements covered herein and may reimburse that fund for such advances from planned bridge facility or major thoroughfare funds established pursuant to this Section.

(11)

If the subdivider, as a condition of approval of the subdivision, is required or desires to construct a bridge or major thoroughfare, the City Council may enter into a reimbursement agreement with the subdivider. Such agreement may provide for payments to the subdivider from the bridge facility or major thoroughfare fund covering that specific project to reimburse the subdivider for costs not allocated to the subdivider's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursements shall be made on a pro-rata basis reflecting the actual or estimated costs of the projects covered by the fund.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Certificate from Treasurer-Tax Collector. Prior to the filing of a final tract map with the City Council, the subdivider shall cause to be issued and filed by and with the Treasurer-Tax Collector a certificate stating that, according to the records of such office, there are no liens against the subdivision or any part thereof for unpaid State, County, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. As to taxes or special assessments which are a lien but not yet payable, the subdivider shall cause to be issued and filed with the Treasurer-Tax Collector a certificate giving his estimate of the amount of taxes and special assessments which are a lien but not yet payable.

(b)

Security. Whenever any part of the subdivision is subject to a lien for taxes or special assessments which are a lien but not yet payable, the final map shall not be recorded until the owner or subdivider executes and files with the Treasurer-Tax Collector security conditioned upon the payment of all State, County, municipal and local taxes and the current installment of principal and interest of all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable. The Treasurer-Tax Collector is authorized to approve the security for payment of taxes required by this Section.

(c)

Apportionment. The apportionment of security and delinquencies shall be handled in accordance with the provisions of the Subdivision Map Act.

(d)

Release. The Treasurer-Tax Collector is authorized to release security required by this Chapter when the secured taxes and assessments have been paid.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Content and form. The content and form of final parcel maps shall be governed by the provisions of the Subdivision Map Act and the City's procedures.

(b)

Final parcel map required.

(1)

When a subdivision is proposed to be created through the tentative parcel map process, a final parcel map shall be filed for record with the County Recorder. No proposed subdivision shall be complete until such parcel map has been filed for record, unless a waiver has been approved.

(2)

A final parcel map, within commercial or industrial zoned areas, identifying lease lines or lines for tax purposes may be filed for record with the County Recorder without being required to comply with the tentative parcel map requirements of this Chapter. Each parcel on such map shall be identified by letter and shall not be considered to be a separate building site. No transfers of fee title may be made in connection with such map. Identification shall be shown on the face of such map as to its purpose that it does not create building sites and that it does not permit transfer of fee title interest.

(c)

Signatures required.

(1)

When dedications or offers of dedications, either limited or irrevocable, are made on the final parcel map, all parties having any record title interest in the real property being subdivided, including parties to which an irrevocable offer of dedication has been made over the property, or any portion thereof, shall consent to the preparation and recordation of the final parcel map by signing the required certificate. Such signatures shall be properly acknowledged. The certificate need not be signed by public entities and public utilities which own rights-of-way, easements or other interests which cannot ripen into a fee, provided that:

a.

The Planning Commission determines that division and development of the property in the manner set forth on the tentative map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement;

b.

The map contains a statement that the Planning Commission has determined that the division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement; and

c.

The public entity or utility has been given an opportunity to object to such a determination in accordance with the provisions of the Subdivision Map Act.

(2)

When dedications or offers of dedications are not being made, no owners' or subdividers' signatures shall be required on the parcel map.

(d)

Method of approval.

(1)

Notwithstanding any other provision in this Chapter, the subdivider may submit a final parcel map at any time to the City Engineer for his/her preliminary review. Submission of a final parcel map to the City Engineer for preliminary review shall not be deemed to constitute "timely filing" within the meaning of Subdivision Map Act § 66452.6(d).

(2)

In order to be approved, a final parcel map must demonstrate the following:

a.

Compliance with any conditions imposed on the approval of the tentative parcel map.

b.

Substantial conformance with the approved tentative parcel map and any approved alterations thereof.

c.

Substantial completeness of the final parcel map submitted.

(3)

The map shall be deemed "timely filed" within the meaning of Subdivision Map Act § 66452.6(d) when delivered to the City Engineer. Acceptance of a map for filing pursuant to this Subsection shall not be deemed to be acceptance of the map as having met the requirements of Subsection (2). The map shall be subject to such processing, approving and other actions necessary to prepare the map for approval and recording.

(4)

Final parcel maps, together with any required improvement agreements and security, shall be submitted to the Development Services Director for review and preliminary determination as to satisfaction of the requirements of Subsection (2). In the event the Development Services Director determines that the final parcel map is not acceptable for further processing, the Development Services Director shall, within ten days of the date the processing fees were collected, advise the subdivider in writing of his/her preliminary determination and of the matters necessary to be satisfied in order to continue processing the final parcel map. In the event the subdivider fails to make reasonable progress in meeting the requirements identified by the Development Services Director for continued processing of the final parcel map, as set forth in Subsection (2), the map shall be presumed not to conform to the tentative parcel map and not to have satisfied the conditions of approval and no further processing of the map shall be required. However, the Development Services Director may cause the map to be forwarded to the City Council with a recommendation that the map be denied for failure to comply with the requirements of the Subdivision Map Act and this Chapter.

(5)

If and when the final parcel map submittal complies with the requirements of Subsection (2), the Development Services Director shall notify the subdivider and the City Engineer of his/her preliminary decision within ten days of receipt of the final map submittal.

(6)

The subdivider may submit additional information in response to the notice provided by the Development Services Director. If the subdivider does not believe that additional information is necessary, the subdivider may request that the final parcel map, as originally submitted, be presented to the City Council for consideration.

(7)

Within 20 days or more if requested by the subdivider after the Development Services Director notifies the City Engineer that all conditions precedent to the approval of the parcel map have been satisfied and any required improvement agreements and security are in order, the City Engineer shall examine the map and, if appropriate, shall execute the certificate required by the Subdivision Map Act.

(8)

The time limits set forth in the Subdivision Map Act for approval or disapproval of final parcel maps shall not commence until the Development Services Director has determined that the final parcel map submittal is complete.

(9)

After the City Engineer executes his/her certificate, the Director shall transmit the parcel map to the City Clerk. The City Clerk shall present the map and any required agreements, securities and approvals to the City Council for their approval. The City Clerk shall sign the City Clerk's certificate on the final parcel map after the City Council's approval.

(e)

Filing with the County Recorder. The City Engineer shall transmit the approved final parcel map to the County Recorder for recordation, unless the surveyor/engineer/subdivider requests an alternate time schedule for recordation.

(f)

Ties to horizontal control/digital map submission.

(1)

The City Engineer shall provide coordinated positions in the vicinity of each new parcel map by tying the Section, quarter Section, rancho, or other appropriate land net corners or road centerlines, on an approximate one-half-mile grid convenient for proper coordinate tie-in of such map boundaries, to the existing monuments of, and, where possible, intervisible with the local control network, and by calculating and adjusting coordinates for these corners using the California Coordinate System based on the North American Datum of 1983, 1990 Adjustment (CCS NAD 83/90) or current adjustment as directed by the City Engineer.

(2)

All data pertaining to these control monuments will be filed in accordance with the requirements of the Professional Land Surveyors Act and these records shall be indexed and made readily available to the general public.

(3)

The City shall require the surveyor or engineer to show on the parcel map those ties made by the surveyor or engineer to such control monuments in accordance with Division 8, Chapter 1, § 8813.1 of the Public Resources Code; and that coordinates published by the City for these control monuments be shown on the map.

(4)

The surveyor or engineer shall be permitted to show on any record of survey submitted for filing, the information prescribed above, when the normal course of survey activities include ties made to points for which coordinates have been provided or accepted into the control network by the City, and when such information may be shown pursuant to the requirements of the Public Resources Code.

(5)

The City shall require the surveyor or engineer preparing the parcel map to tie the boundary of said map into the CCS NAD 83/90 in at least two locations, preferably on opposite sides of the boundary or as mutually agreed to by the surveyor or engineer and the City Engineer.

(6)

The basis of bearings of the parcel map shall be the CCS NAD 83/90 Adjustment or current adjustment as directed by the City Engineer as established by the use of existing monuments, Global Positioning System Surveys (GPS), or by astronomic observation.

(7)

In the event that the City Engineer is unable to provide the surveyor or engineer with coordinated monuments, as described in Subsection (1), within 30 days of a written request filed by the surveyor or engineer relating to any maps which is or will be processed by the City Engineer, the foregoing requirements may be waived. However, none of the above will preclude a person, authorized to practice land surveying within the State, from performing the necessary work to meet the requirements of this Section.

(8)

The City Engineer shall require the surveyor or engineer preparing a parcel map to submit to the City, in addition to the material currently being submitted for map checking and recordation purposes, a digital graphics file containing the boundary, street centerline, right-of-way and lot/parcel line data necessary to facilitate transferring of the file into the City mapping system if the surveyor or engineer has the capability to provide such files. If the surveyor or engineer does not have this capability, the City shall create such a graphics file for entry into its system and recover the cost through the map check process.

(9)

If the boundary of the parcel map being submitted is a parcel or lot of a map already tied to the CCS NAD 83/90 or current adjustment as directed by the City Engineer, the requirements in Subsection (5) shall be waived.

(10)

In the event the surveyor or engineer submitting a parcel map to the City feels that compliance with the requirements stated in Subsections (3), (5), (6) and (8) will create a hardship on him/her or the client, he/she may appeal to the City Engineer to waive them. If the City Engineer refuses this appeal, the surveyor or engineer may further appeal this decision to a committee of members of the private sector recognized by the City Engineer as representative of the professional surveying community. Such a committee may be, but is not limited to, the California Land Surveyors Association, the California Council of Civil Engineers and Land Surveyors Joint Professional Practice Committee. The decision of this committee shall be final and binding on both parties.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Content and form. The content and form of final tract maps shall be governed by the provisions of the Subdivision Map Act and the City's procedures.

(b)

Final tract map required. When a subdivision is proposed to be created through the tentative tract map process, a final tract map shall be filed for record with the County Recorder. No proposed subdivision shall be complete until such tract map has been recorded, unless a waiver has been approved.

(c)

Signatures required. All parties having any record title interest in the real property being subdivided, including parties to which an irrevocable offer has been made over the property, or any portion thereof, shall consent to the preparation and recordation of the final tract map by signing the required certificate. Such signatures shall be properly acknowledged. The certificate need not be signed by public entities and public utilities which own rights-of-way, easements or other interests which cannot ripen into a fee, provided that:

(1)

The Planning Commission has determined that the division and development of the property in the manner set forth on the tentative map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement;

(2)

The map contains a statement that the Planning Commission has determined that the division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement; and

(3)

The public entity or utility has been given an opportunity to object to such a determination in accordance with the provisions of the Subdivision Map Act.

(d)

Method of approval.

(1)

Notwithstanding any other provision in this Chapter, the subdivider may submit a final tract map at any time to the City Engineer for his/her preliminary review. Submission of a final tract map to the City Engineer for preliminary review shall not be deemed to constitute "timely filing" within the meaning of Subdivision Map Act § 66452.6(d).

(2)

In order to be approved, a final tract map must demonstrate the following:

a.

Compliance with any conditions imposed on the approval of the tentative tract map.

b.

Substantial conformance with the approved tentative tract map and any approved alterations thereof.

c.

Substantial completeness of the final tract map submitted.

(3)

The map shall be deemed "timely filed" within the meaning of Subdivision Map Act § 66452.6(d) when delivered to the City Engineer. Acceptance of a map for filing pursuant to this Subsection shall not be deemed to be acceptance of the map as having met the requirements of Subsection (2). The map shall be subject to such processing, approving and other actions necessary to prepare the map for approval and recording.

(4)

Final tract maps, together with any required improvement agreements and security, shall be submitted to the Development Services Director for review and preliminary determination as to satisfaction of the requirements of Subsection (2). In the event the Development Services Director determines that the final tract map is not acceptable for further processing, the Development Services Director shall, within ten days of the date the processing fees were collected, advise the subdivider in writing of his/her preliminary determination and of the matters necessary to be satisfied in order to continue processing the final tract map. In the event the subdivider fails to make reasonable progress in meeting the requirements identified by the Development Services Director for continued processing of the final tract map, as set forth in Subsection (2), the map shall be presumed not to conform to the tentative tract map and not to have satisfied the conditions of approval and no further processing of the map shall be required. However, the Development Services Director may cause the map to be forwarded to the City Council with a recommendation that the map be denied for failure to comply with the requirements of the Subdivision Map Act and this Title.

(5)

If and when the final tract map submittal complies with the requirements of Subsection (2), the Development Services Director shall notify the subdivider and the City Engineer of his/her preliminary decision within ten days of receipt of the final map submittal.

(6)

The subdivider may submit additional information in response to the notice provided by the Development Services Director. If the subdivider does not believe that additional information is necessary, the subdivider may request that the final tract map, as originally submitted, be presented to the City Council for consideration.

(7)

Within 20 days or more if requested by the subdivider after the Development Services Director notifies the City Engineer that all conditions precedent to the approval of the tract map have been satisfied and any required improvement agreements and security are in order, the City Engineer shall examine the map and, if appropriate, shall execute the certificate required by the Subdivision Map Act.

(8)

The time limits set forth in the Subdivision Map Act for approval or disapproval of final tract maps shall not commence until the Development Services Director has determined that the final tract map submittal is complete.

(9)

After the City Engineer executes his/her certificate, the Development Services Director shall transmit the tract map to the City Clerk. The City Clerk shall present the map and any required agreements, securities and approvals to the City Council for their approval. The City Clerk shall sign the City Clerk's certificate on the final tract map after the City Council's approval.

(e)

Filing with the County Recorder. The City Engineer shall transmit the approved final tract map to the County Recorder for recordation, unless the surveyor/engineer/subdivider requests an alternate time schedule for recordation.

(f)

Ties to horizontal control/digital map submission.

(1)

The City Engineer shall provide coordinated positions in the vicinity of each new tract map by tying the Section, quarter Section, rancho, or other appropriate land net corners or road centerlines, on an approximate one-half-mile grid convenient for proper coordinate tie-in of such map boundaries, to the existing monuments of, and, where possible, intervisible with the local control network, and by calculating and adjusting coordinates for these corners using the California Coordinate System based on the North American Datum of 1983, 1990 Adjustment (CCS NAD 83/90) or current adjustment as directed by the City Engineer.

(2)

All data pertaining to these control monuments will be filed in accordance with the requirements of the Land Surveyor's Act and these records shall be indexed and made readily available to the general public.

(3)

The City shall require the surveyor or engineer to show on the final tract map, those ties made by the surveyor or engineer to such control monuments in accordance with Division 8, Chapter 1, § 8813.1 of the Public Resources Code; and that coordinates published by the City for these control monuments be shown on the map.

(4)

The surveyor or engineer shall be permitted to show on any record of survey submitted for filing, the information prescribed above, when the normal course of survey activities include ties made to points for which coordinates have been provided or accepted into the control network by the City, and when such information may be shown pursuant to the requirements of the Public Resources Code.

(5)

The City shall require the surveyor or engineer preparing the Tract Map to tie the boundary of said map into the CCS NAD 83/90 in at least two locations, preferably on opposite sides of the boundary or as mutually agreed to by the surveyor or engineer and the City Engineer.

(6)

The basis of bearings of the Tract Map shall be the CCS NAD 83/90 or current adjustment as directed by the City Engineer as established by the use of existing monuments, Global Positioning System Surveys (GPS), or by astronomic observation.

(7)

In the event that the City Engineer is unable to provide the surveyor of engineer with coordinated monuments, as described in Subsection (1), within 30 days of a written request filed by the surveyor or engineer relating to any maps which is or will be processed by the City Engineer, the foregoing requirements may be waived. However, none of the above will preclude a person, authorized to practice land surveying within the State, from performing the necessary work to meet the requirements of this Section.

(8)

The City Engineer shall require the surveyor or engineer preparing a tract map to submit to the City, in addition to the material currently being submitted for map checking and recordation purposes, a digital graphics file containing the boundary, street centerline, right-of-way and lot/parcel line data necessary to facilitate transferring of the file into the City mapping system in an acceptable format as determined by the City Engineer, if the surveyor or engineer has the capability to provide such files. If the surveyor or engineer does not have this capability, the City shall create such a graphics file for entry into its system and recover the cost through the map check process.

(9)

If the boundary of the final tract map being submitted is a parcel or lot of a map already tied to the CCS NAD 83/90 or current adjustment as directed by the City Engineer, the requirements in Subsection (5) shall be waived.

(10)

In the event the surveyor or engineer submitting a final tract map to the City feels that compliance with the requirements stated in Subsections (3), (5), (6) and (8) will create a hardship on him/her or the client, he/she may appeal to the City Engineer to waive them. If the City Engineer refuses this appeal, the surveyor or engineer may further appeal this decision to a committee of members of the private sector recognized by the City Engineer as representative of the professional surveying community. Such a committee may be, but not limited to, the California Land Surveyors Association, the California Council of Civil Engineers and Land Surveyors Joint Professional Practice Committee. The decision of this committee shall be final and binding on both parties.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Waivers and exceptions permitted. When requested by the subdivider or by a governmental agency, waivers from the requirement for recording a final parcel map and exceptions to the tentative parcel map process may be approved by the Planning Commission in compliance with the provisions of this Section. When any such waiver request is approved, a certificate of compliance may be recorded in lieu of a parcel map. The requirement for recording a parcel map shall not be waived when the City Engineer finds that a survey and/or monumentation is necessary.

(b)

Types of subdivisions eligible. Only the following types of subdivisions are eligible to receive a parcel map recordation waiver:

(1)

Subdivisions containing four or fewer parcels each of which is a minimum of five acres in area and is proposed for further subdivision.

(2)

Subdivisions wherein each parcel will have a gross area of 20 acres or more and a right of vehicular access for a continuous width of not less than 40 feet to a maintained public street or highway having a right-of-way width of not less than 40 feet;

(3)

Subdivisions wherein each parcel will have a gross area of not less than 40 acres.

(c)

Waiver procedure. A waiver from the requirement for recording a final parcel map may be approved in compliance with the following procedure:

(1)

A tentative map, accurately describing the existing legally created parcel and each proposed parcel, shall be submitted. Such tentative map shall be processed in compliance with the tentative map procedure except that it need not be prepared by a licensed land surveyor or civil engineer and need include only such information that the Development Services Director and the Planning Commission find to be necessary in order to make the required determinations.

(2)

A waiver request shall accompany the tentative map. The exception to the tentative map requirements specified in Subsection (1) is permitted only when a tentative map proposes one of the subdivisions specified by Subsection (b).

(3)

Prior to any action by the Planning Commission to approve a waiver, the Development Services Director shall examine the map and shall identify each proposed parcel as a building site or a nonbuilding site.

(4)

Prior to any action to approve a waiver, the Planning Commission shall find that the subdivision:

a.

Will comply with City requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection;

b.

Will satisfy any other requirements pertaining to the subdivision of land as specified in the Subdivision Map Act, this Title and any other applicable City Ordinance; and

c.

Will not create any unnecessary conditions or situations that will be incompatible with existing and potential future uses of adjacent properties.

(d)

Waiver does not establish parcels. The approval of a waiver of the requirement to record a final parcel map does not create a subdivision or satisfy the requirements applicable to the division of a parcel of land. Any parcels shown on a tentative map for which a parcel map has been waived shall not be considered to be legally established until a certificate of compliance for such parcels has been recorded with the County Recorder.

(e)

Time to record a certificate of compliance. A waiver of the requirement to record a final parcel map is valid only for such time as the subject tentative map is valid, and a waiver approval shall expire concurrently with the expiration of the tentative map approval. After a waiver has been approved and within the period of validity of a tentative map, and when the Development Services Director has determined that all conditions and requirements of the tentative map have been satisfied, he/she shall cause a certificate of compliance to be recorded in accordance with the provisions of Section 9.10.150. In the event any required conditions have not been satisfied, a conditional certificate of compliance may be recorded within the specified time period at the discretion of the Development Services Director. Such conditional certificate of compliance shall contain a notice of the conditions that are required to be satisfied prior to the recordation of a certificate of compliance.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Reversion authorized. Subdivided real property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act, this Chapter and the City's procedures.

(b)

Content and form of petitions for reversion to acreage. Petitions shall conform with such requirements as to form and content as may be specified by City procedures and shall include a final tract map. If the land to be reverted consists of four or fewer contiguous parcels under the same ownership, a parcel map may be submitted in lieu of the tract map. No reversion shall be complete until such map has been recorded with the County Recorder.

(c)

Planning commission review. Petitions for reversion to acreage shall be reviewed by the Planning Commission. They shall make recommendations thereon within 30 days of the date the petition was filed with the Development Services Director. Thereafter, the Development Services Director shall transmit the petition and the Planning Commission's recommendations to the City Clerk, who shall set the matter for public hearing before the City Council. The City Clerk shall publish a notice of the time and place of said hearing in accordance with the provisions of the Subdivision Map Act and give written notice of the hearing to the petitioners.

(d)

City council hearing.

(1)

At the conclusion of the public hearing, the City Council may make such findings, including those set forth in the Subdivision Map Act, as the City Council deems appropriate. If the City Council intends to approve the reversion to acreage, it shall impose the conditions required by the Subdivision Map Act.

(2)

If the proposed final or parcel map has been previously approved by the City Engineer, the City Council may approve the reversion and authorize transmitting the map to the County Recorder for recordation.

(3)

The City Council may disapprove the proposed reversion or may continue the matter until the final tract map or final parcel map has been approved by the City Engineer. Thereafter the City Council may approve the reversion and authorize transmitting the map to the County Recorder for recordation.

(4)

After City Council approval, the City Engineer shall transmit the approved final tract or parcel map to the County Recorder for recordation, unless the surveyor/engineer/subdivider requests an alternate time schedule for recordation.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Approval. Certificates of compliance shall be approved by the Development Services Director.

(b)

Procedure. Requests for a certificate of compliance shall be processed and reviewed in compliance with the City procedures. No certificate of compliance or conditional certificate of compliance shall be valid until it has been recorded in the office of the Orange County Recorder.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Criteria.

(1)

Person(s) owning four or fewer existing adjoining parcels who propose to adjust the boundaries of said parcels in a manner so that the land taken from one parcel is added to an adjoining parcel and a greater number of parcels than originally existed is not thereby created may apply for a lot line adjustment.

(2)

The application for lot line adjustment shall be prepared by a person authorized to practice land surveying pursuant to the Professional Land Surveyors Act.

(b)

Application, review, and recordation.

(1)

Applications for a lot line adjustment and the review and recordation thereof shall conform with such requirements as to form, contents, and process as may be specified by the Development Services Director.

(2)

Applications for lot line adjustments shall be, if deemed necessary, reviewed by the Development Services Director for compliance the General Plan and applicable zoning and building ordinances.

(3)

After the lot line adjustment proposal is approved by the Development Services Director, if all the parcels or lots involved are owned by a single individual or entity, the owner shall prepare deeds to convey the newly adjusted parcels or lot to said owner or entity. The legal descriptions shown on these deeds shall agree with the lots or parcels shown on the lot line adjustment approval. The City Engineer shall review the lot line adjustment and deeds and upon his/her approval, submit them to the County Recorder for recordation.

(4)

After the lot line adjustment proposal is approved by the Development Services Director, if the parcels or lots involved are owned by different individuals or entities, these owners shall prepare deeds to convey the appropriate portions of the adjusted lots or parcels to each other. The City Engineer shall review the lot line adjustment and deeds, and upon his/her approval, submit them to the County Recorder for recordation.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Tentative notices of violation. Whenever the Development Services Director has information indicating that real property has been divided in violation of the Subdivision Map Act or this Chapter, he/she shall file for record with the County Recorder and concurrently mail by certified mail to the owner a tentative notice of violation describing the real property in detail, naming the owners thereof, describing the violation, explaining why the property is not lawful, stating that an opportunity will be given to the owner to present evidence on the issue whether the property has been divided in violation of the Subdivision Map Act or this Chapter, and shall state the time, date and place of the meeting.

(b)

Receipt of evidence. Upon recordation of a tentative notice of violation, the Development Services Director shall bring the matter before the Planning Commission no sooner than 30 days and no later than 60 days from the date of the notice to the property owner, which shall schedule a meeting at which evidence as to why a final notice of violation should not be recorded may be presented.

(c)

Planning commission determination.

(1)

If the Planning Commission determines that there has been no violation, the Development Services Director shall file for record a release of the tentative notice of violation with the County Recorder.

(2)

If the Planning Commission determines that there has been a violation, or if within 15 days of receipt of notice of the meeting, the owner of such real property fails to inform the Development Services Director of his/her objection to recording the notice of violation, the Development Services Director shall file a final notice of violation with the County Recorder.

(3)

The determination of the Planning Commission shall be final.

(d)

Release by certificate of compliance. A notice of violation may be released by a certificate of compliance pursuant to Section 9.10.150.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)