In order to promote public health, safety and general welfare; orderly growth and development of the city; proper use of land; conservation, stabilization and protection of the use value of property; and adequate provisions for necessary utilities and convenience, the City Council has adopted the provisions of this subchapter.

(1994 Code, § 16.04.010)  (Ord. 78-101, passed - -1978)

   Pursuant to the Subdivision Map Act of the state,  as it now exists or may hereafter be amended, the provisions of this chapter are supplemental to those of the Act, and shall apply to all subdivisions of land hereafter made when the land is entirely, or partially, within the limits of the city. The Planning Commission is designated as the advisory agency referred to in the Act, and is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions, recommending the kinds, nature and extent of the improvement required to be installed in subdivisions, and recommending to the City Council the action that should be taken on tentative maps. The Planning Commission is authorized to approve, conditionally approve or disapprove parcel maps.

(1994 Code, § 16.04.020)  (Ord. 78-101, passed - -1978)

   Whenever any words or phrases as used in this chapter are not defined herein but are defined in the Subdivision Map Act as last amended, the definitions are incorporated herein and shall be deemed to apply as though set forth in this subchapter.

(1994 Code, § 16.04.030)  (Ord. 78-101, passed - -1978)

   (A)   A subdivision shall, at all times, conform to the general plan of the city and any specific plan of streets and highways. In the absence of a general plan or specific plan, the street design in the proposed subdivision shall relate to the existing streets in the area adjoining the subdivision, but all existing streets adjacent thereto need not necessarily be carried into the subdivision.

   (B)   Any report as to conformity to the general plan, which is required pursuant to Cal. Gov't Code § 65402 as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the advisory agency on the division of land.

(1994 Code, § 16.04.040)  (Ord. 78-101, passed - -1978)

   Fees in regard to the filing of tentative and final maps shall be paid to the city as set forth by resolution of the City Council.

(1994 Code, § 16.04.050)  (Ord. 78-101, passed - -1978)

   This chapter is enacted pursuant to the authority granted by Cal. Gov't Code § 66477. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the recreation element of the general plan of the city, adopted by the city on 9-17-1973. As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in this chapter as follows.

   (A)   The subdivider shall dedicate to the city land equal to .018 acres times the number of dwelling units to be constructed in the subdivision and, in addition thereto, pay to the city the sum of $100 for each dwelling unit to be constructed in the subdivision. This option shall not apply to subdivisions containing 50 parcels or less without the consent of the subdivider.

   (B)   The subdivider shall pay to the city the sum of $200 for each dwelling unit to be constructed in the subdivision.

   (C)   All land dedicated hereunder and all fees paid hereunder shall be used for the purpose of providing park or recreational facilities to serve the subdivision in carrying out the recreation element of the general plan of the city.

   (D)   For the purpose of computing the amount of land to be dedicated or the amount of fees to be paid hereunder, the subdivider shall file a verified written report with the city stating the type of dwelling units to be constructed in the subdivision and the number of dwelling units to be constructed on each parcel in the subdivision. Where property in the subdivision is zoned R-1, it shall be conclusively presumed that there will be one dwelling unit constructed on each R-1 parcel. In other cases, the Planning Commission may accept the verified written report of the subdivider as conclusive or in the alternative consider the same together with published standards in general use in making a determination.

   (E)   Subdivisions containing less than five parcels shall be exempt from the provisions of this division.

(1994 Code, § 16.04.060)  (Ord. 78-101, passed - -1978)

   A preliminary soils report prepared by a civil engineer registered in the state and based upon adequate test borings shall be submitted to the City Engineer for every subdivision for which a tentative and final map is required. However, the preliminary soils report may be waived by the City Engineer, provided, the City Engineer finds that due to the knowledge the city has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary. If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the City Engineer. The soils investigation shall be done by a civil engineer registered in the state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where the soils problem exists. The Planning Commission may approve the subdivision or portion thereof where the soils problem exists, if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(1994 Code, § 16.04.070)  (Ord. 78-101, passed - -1978)

   In addition to any other requirement of this chapter relating thereto, at the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Cal. Business and Professions Code § 8771 so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line of the land being subdivided must be adequately monumented or referenced before the final map is recorded, as required by Subdivision Map Act § 66495.

(1994 Code, § 16.04.080)  (Ord. 78-101, passed - -1978)

   No tentative map or tentative parcel map filed pursuant to the provisions of this subchapter shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of §§ 154.180 through 154.189. The subdivider shall provide the additional data and information and deposit and pay the fees as may be required for the preparation and processing of environmental review documents.

(1994 Code, § 16.04.090)  (Ord. 78-101, passed - -1978)

   It is unlawful for any person, firm or corporation to violate any of the provisions of this subchapter, and each person, firm or corporation shall be deemed guilty of a separate offense every day during any portion of which any violation of any provision of this subchapter is committed, continued or permitted by such person, firm or corporation. Any lot, street, alley or other feature made the subject of this subchapter maintained contrary to the provisions hereof shall constitute a public nuisance.

(1994 Code, § 16.04.100)  (Ord. 78-101, passed - -1978)  Penalty, see § 10.99

   (A)   The size of the tentative map shall be optional, but the scale shall not be less than 100 feet to the inch. The tentative map shall contain the following information and any additional information required by the Subdivision Map Act. Items determined by the city as inapplicable to a particular tract may, in the discretion of the city, be omitted if not required by the Subdivision Map Act:

      (1)   Tract number obtained from the County Surveyor;

      (2)   Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider:

      (3)   Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the map;

      (4)   North point;

      (5)   Scale;

      (6)   Date of preparation;

      (7)   Boundary lines;

      (8)   The location, width and proposed names of all streets within the boundaries of proposed subdivisions and their approximate grades;

      (9)   Location and width of alleys;

      (10)   Name and location, width of adjacent streets;

      (11)   Lot lines and approximate dimensions and numbers of each lot together with the engineering data showing the net square footage and the approximate finished grade of each lot and the elevation of the proposed building pad;

      (12)   Approximate location and width of water courses, delineated by the water level of flood based on 100-year storm frequency, location of structures, irrigation ditches and other permanent physical features;

      (13)   Approximate contours;

      (14)   Approximate location of buildings and permanent structures;

      (15)   Location of trees within proposed rights-of-way to be dedicated;

      (16)   Description of the exterior boundaries of the subdivision (or legal description of the property comprising the subdivision);

      (17)   Width and location of all existing or proposed public or private easements;

      (18)   Classification of lots as to intended residential, commercial, industrial or other uses;

      (19)   Railroads;

      (20)   Approximate radii of curves;

      (21)   Present zoning of proposed subdivision and adjoining property; and

      (22)   Land use of adjoining property.

(1994 Code, § 16.08.010)

   (B)   The tentative map shall also show thereon, or be accompanied by ten copies of reports and written statements from the subdivider giving essential information regarding the following matters:

      (1)   Source of water supply;

      (2)   Type of street improvement and utilities which the subdivider proposes to install, including a statement by the subdivider as to whether or not the proposed wiring for supplying electric, communication or similar or associated service will be installed underground;

      (3)   Proposed method of sewage disposal;

      (4)   Proposed storm water sewer or other means of drainage (grade and size);

      (5)   Protective covenants to be recorded; and

      (6)   Proposed tree planting.

(1994 Code, § 16.08.020)

(Ord. 78-101, passed - -1978)

   (A)   The tentative map shall be prepared in accordance with the Subdivision Map Act and the provisions of this chapter and shall be filed with the Secretary of the Planning Commission. The filing should be prior to the completion of final surveys of streets and lots and before grading or construction work within the proposed subdivision that might be affected by changes in the tentative map. To assure to the Planning Commission all necessary information to consider a tentative map, the Commission shall act only upon the tentative maps, together with required statements or other evidence as shall have been filed with the Commission not less than 30 days prior to the date of the Planning Commission meeting at which the matter is to be considered. Prior to the consideration by the Planning Commission of a tentative map and within the 30 days following its filing, the City Engineer shall make a report in writing to the Planning Commission as to any recommendations in connection with the tentative map and its bearing on particular functions. Failure to so report shall be deemed approval. All recommendations and reports of the City Engineer or the City Planning Department shall be in writing and a copy of the same shall be mailed to the subdivider at least three days prior to the hearing on the map.

   (B)   The Planning Commission shall conduct a public hearing to consider a tentative map not less than ten days following publication of the notice at the time and in the manner specified by § 66451.3 of the Subdivision Map Act. Action on the tentative map in recommending approval, conditional approval or disapproval shall be taken not later than 50 days following the filing of the same with the Secretary of the Planning Commission. Within not to exceed ten days following the action of the Planning Commission upon any tentative map, the Secretary of the Planning Commission shall transmit a copy of the record pertaining to the action to the subdivider and to the City Council. A copy of the official action on a tentative map shall also be permanently affixed to the official copy of the map in the records of the Planning Commission. The time limits specified herein may be extended by the mutual consent of the subdivider and the Planning Commission as noted in the minutes of that body.

(1994 Code, § 16.08.030)  (Ord. 78-101, passed - -1978)

   At its first regular meeting after the date on which the report of the City Planning Commission on the tentative map is received by it, the City Council shall fix the meeting date at which the tentative map will be considered by it, which date shall be within 30 days thereafter. Provided, the Planning Commission has noticed and conducted a public hearing on the tentative map, and provided the matter is placed on the Council's agenda for a regular meeting with opportunity for public comment, the Council may dispense with further notice or public hearings. At the conclusion of public comments and deliberation thereon, the City Council shall approve, conditionally approve or disapprove the tentative map within that 30-day period.

(1994 Code, § 16.08.040)  (Ord. 96-104, passed 1-14-1997)

   The subdivider or any interested person adversely affected by a decision of the Planning Commission with respect to any tentative map may, in the manner specified in § 66452.5 of the Subdivision Map Act, file an appeal or complaint with the City Council. The filing thereof shall take place within 15 days of the action by the Planning Commission which is the subject matter thereof. The appeal or complaint shall be heard by the City Council in conjunction with its consideration of the map pursuant to § 153.027.

(1994 Code, § 16.08.050)  (Ord. 96-104, passed 1-14-1997)

   The approval or conditional approval of a tentative map shall expire 12 months from the date the map was approved or conditionally approved. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Planning Commission, the application to be filed at least 30 days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of two years. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

(1994 Code, § 16.08.060)  (Ord. 78-101, passed - -1978)

   After action by the Planning Commission and approval or conditional approval of the tentative map by the City Council, the subdivider may cause a final map to be prepared in accordance with a completed survey of the subdivision and in substantial compliance with the approved tentative map, and in full compliance with the Subdivision Map Act and this chapter. The final map shall meet the following requirements and specifications.

   (A)   Required information.

      (1)   If more than three sheets are used, an index showing entire subdivision with lots numbered consecutively shall be included;

      (2)   Title, number of tract, date, north point and scale;

      (3)   Description of land included;

      (4)   Location and names, without abbreviations, of all proposed streets and alleys, proposed public areas and easements and adjoining streets;

      (5)   Dimensions in feet and decimals of a foot;

      (6)   Dimensions of all lots;

      (7)   Each lot shall be numbered, each block may be lettered or numbered. Each lot will be shown entirely on one sheet;

      (8)   Center line data on streets, alleys and easements, including bearings and distances;

      (9)   If any portion of the land within the boundaries is subject to inundation or flood hazards the affected portion must be clearly shown on the map by a prominent note "flood hazard" and a restriction limiting the right to construct improvements or buildings on that portion of the land shall be shown on the final map;

      (10)   If any portion of the land is subject to sheet overflow or ponding of local storm water or should the ground water table be less than ten feet below the surface, the Planning Commission shall notify the state Real Estate Commission of the condition;

      (11)   In the event that a dedication of right-of-way for storm drainage purposes is not required, the Planning Commission may require that the location of any water course channel, stream or creek, be shown on the final map, and that the subdivider restrict the right to construct any permanent improvements or buildings or make any alterations or grading that would obstruct the flow of water;

      (12)   Any final map of a subdivision presented to the city for acceptance of easements and recordation shall be accompanied by an additional copy on which is delineated all existing and proposed structures and utilities within the subdivision, except publicly owned storm drains, sewers and other sanitary facilities, whether the structures are on recorded easements or not.

   (B)   Record of easements.

      (1)   The final map shall show the center line data, width and side lines of all easements to which the lots are subject. If the easement is not definitely located of record, a statement as to the easement shall appear on the title sheet.

      (2)   Easements for storm drains, sewers and other purposes shall be denoted by broken lines.

      (3)   The easement shall be clearly labeled and identified and if already of record proper reference to the records given.

      (4)   Easements being dedicated shall be so indicated in the certificate of dedication.

      (5)   At the time the subdivider presents the final map to the Planning Commission there shall be presented certificates executed respectively by the various public utility companies as to location of the facilities and that easements, where required by the companies, have been executed and delivered to the subdividing companies for recording. Easements for public utility companies shall be designated on the final map as "easements for public utilities."

   (C)   Required surveying data.

      (1)   Radius, tangent, arc and central angle of curves;

      (2)   Suitable primary survey control points for section corners and monuments (existing outside of subdivision);

      (3)   Location of all permanent monuments within subdivision;

      (4)   Ties to and identification of adjacent subdivision boundaries;

      (5)   Ties to any city or county boundary lines involved;

      (6)   Required certificates.

   (D)   Size and content of map.

      (1)   The final map shall be clearly and legibly delineated upon tracing cloth of good quality. All lines, letters, figures, certificates, acknowledgments and signatures shall be made in black waterproof India ink, except that affidavits, certificates and acknowledgments may be legibly stamped or printed upon the map with black opaque ink.

      (2)   The size of each sheet shall be 18 by 26 inches.

      (3)   A margin shall be drawn completely around each sheet, leaving an entirely blank margin of one inch.

      (4)   The scale of the map shall be large enough to show all details clearly, and enough sheets shall be used to accomplish this end.

      (5)   Each sheet shall be numbered, the relation of one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet.

      (6)   The tract number, scale and north point shall be shown on each sheet of the final map.

   (E)   Survey data.

      (1)   The final map shall show the center lines of all streets, length, tangent, radii and central angles or radial bearings of all curves, the total width of each street, the width of the portion being dedicated and the width of existing dedication and the width of rights-of-way of railroads, flood control or drainage channels and any other easements existing or being dedicated by the map.

      (2)   Surveys in connection with the preparation of subdivision maps as provided in this chapter shall be made in accordance with the standard practices and principles for land surveying. A traverse of the boundaries of the subdivision and all lots and blocks shall close (maximum allowable error to closure one part in 10,000).

   (F)   Existing monuments.

      (1)   The final map shall show clearly what stakes, monuments or other evidence was found on the ground which were used as ties to determine the boundaries of the tract.

      (2)   The corners of adjoining subdivisions or portions thereof shall be identified and ties shown.

   (H)   Established lines. The final map shall show city boundaries crossing or adjoining the subdivision clearly designated and tied in.

   (I)   Lot numbers.

      (1)   The lots shall be numbered consecutively, commencing with the number "1" and with no omissions or duplications.

      (2)   Each lot shall be shown entirely on one sheet.

      (3)   Blocks may be used, but not preferred. They shall be consecutively numbered in the same manner as required for numbering lots, or they may be lettered in alphabetical sequence beginning with the letter "A".

      (4)   Lots within each block shall be numbered as herein provided for subdivisions where blocks are not employed.

(1994 Code, § 16.12.010)  (Ord. 78-101, passed - -1978)

   The following procedures shall be followed with respect to the filing of a final map:

   (A)   An original final map tracing nine line prints thereof shall be filed with the office of the City Engineer. The City Engineer shall return one copy thereof to the subdivider showing corrections, if any, or a statement that the map is correct. When the final map is found by the City Engineer to conform to the tentative map approval and be otherwise correct, he or she shall certify the final map tracing and return the same to the subdivider or his or her agent.

   (B)   The final map, as certified by the City Engineer and containing all other required certifications properly executed and acknowledged thereon may then be filed with the City Council for its approval.

   (C)   Not later than ten days following the filing of the final map or not later than the regular meeting of the City Council following the meeting at which the final map is first presented, whichever is later, the City Council shall act to approve or disapprove the final map. Failure of the City Council to act on the map within the prescribed time or any authorized extension thereof, shall be deemed approval of the map; provided that, the same conforms to all requirements of law and the rulings made thereunder. At the time as the final map has been approved and all conditions of the approval have been fulfilled, the City Clerk shall certify the approval of the City Council thereto.

   (D)   A final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map; and provided further, that disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. When the failure of the map to meet the requirements or conditions imposed by this chapter is the result of technical and inadvertent error which does not materially affect the validity of the map, the map shall be conditionally approved, subject to correction of the minor errors.

   (E)   All streets, highways and parcels of land shown on the final map and intended for any public use shall be offered for dedication for public use. All offers for dedication are to be irrevocable and in perpetuity. Streets or portions of streets may be offered for future dedications where the immediate opening and improvement is not required, but where it is necessary to insure that the city can later accept dedication when the streets are needed for the further development of the area on adjacent areas. The subdivider shall also offer in writing to dedicate all public utilities within the subdivision or any off-site improvements required to complete the same. All the offers for dedication are to be irrevocable and in perpetuity. The subdivider shall furnish the city with a proper deed granting to the city all easements as shown on the final map. The deed shall be furnished before any final map is approved by the city. Likewise, before any final map is approved by the city, the subdivider shall improve or agree to improve all lands dedicated for streets, highways, public ways and easements in the following particulars together with the other improvements in the subdivision hereinafter specified:

      (1)   Adequate distribution lines for domestic water supply to each lot;

      (2)   Sewage collecting system where main lines of an adequate disposal system are available;

      (3)   Adequate drainage of the subdivision streets, highways, ways and alleys; and if any portion of the land is subject to sheet overflow, or ponding by local storm water or should the ground table be less than ten feet below the surface, the elimination of the conditions or in the alternative the execution of a comprehensive agreement covering the construction of buildings and structures which will overcome the hazards thereof;

      (4)   Adequate grading and surfacing of streets, highways, ways and alleys;

      (5)   Curbs, gutters and sidewalks;

      (6)   Fire hydrants; and

      (7)   Street lights and mailboxes unless the same shall have been exempted by the Planning Commission or the City Council.

   (F)   Unless improvements have been made prior to the acceptance of the final map, the subdivider shall be required as a condition of the final map approval to enter into a written agreement with the city in regard thereto as specified in § 66462 of the Subdivision Map Act. To assure the city that the work will be completed and the improvements made and lien holders paid, an improvement security shall be furnished by the subdivider guaranteeing faithful performance and guaranteeing payment for labor and materials in the manner and amounts specified in §§ 66499 through and including 66499.10 of the Subdivision Map Act. The form and amount of the improvement security shall be approved in writing by the City Attorney.

   (G)   In the event the subdivider is required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, or to install off-site improvements for the benefit of the subdivision and thereafter to dedicate the improvements to the public, the subdivider may be reimbursed for that portion of the cost of the improvements equal to the difference between the amount it would have cost the subdivider to install the improvements to serve the subdivision only and the actual cost of the improvements in the manner and amount as appears lawful and reasonable to the City Council.

(1994 Code, § 16.12.020)  (Ord. 78-101, passed - -1978)

   A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act except for subdivisions created by short-term leases (terminable by either party on not more than 30 days notice in writing) of a portion of an operating right-of-way of a railroad corporation defined by Cal. Public Utilities Code § 230, or for land conveyed to a public agency or public utility, or to a subsidiary of a public utility for rights-of-way, unless a showing is made to the City Council, upon substantial evidence, that public policy necessitates a parcel map. The maps shall meet all the requirements of the Subdivision Map Act and of this chapter and shall show all dedications or offers of dedication thereon. The Planning Commission may require that the dedications or offers of dedication be made by deed in lieu of or in addition to appearing on the map.

(1994 Code, § 16.16.010)  (Ord. 78-101, passed - -1978)

   Parcel maps shall be required for all subdivisions described in divisions (a), (b), (c), and (d) of § 66426 of the Subdivision Map Act, unless excepted by the provisions of § 153.055 or unless waived by the Planning Commission upon a finding that the proposed division of land complies with the requirements as may have been established by § 66428 of the Subdivision Map Act and other ordinances of the city enacted pursuant thereto as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and any other relevant requirements. The procedure for the filing and approval of parcel maps shall be as follows:

   (A)   Not less than ten copies of a tentative parcel map prepared by a registered civil engineer or licensed land surveyor shall be filed with the Secretary of the Planning Commission for approval by that body. The map shall be 18 inches by 26 inches and shall be legibly drawn in a manner suitable for reproduction, to a scale and in a manner to best illustrate the proposed division. A marginal line shall be drawn completely around the sheet leaving an entirely blank margin of one inch. The map shall show the following information in addition to any other information required by § 66445 of the Subdivision Map Act:

      (1)   A legal description of the subject real property to be subdivided;

      (2)   Existing structures and improvements or structures and improvements contemplated for construction;

      (3)   The boundary lines of the entire parcel, including the area to be divided, with dimensions based on existing survey data or property descriptions:

      (4)   The proposed division lines with dimensions;

      (5)   Identification of each parcel with a letter designation;

      (6)   The location and names of all abutting streets, alleys and easements;

      (7)   The location and widths of any streets, alleys and easements proposed by the division;

      (8)   The source of data from which the map was drawn;

      (9)   The name, address and telephone number of the person preparing the map and any record owner of the land; and

      (10)   The additional information as the City Engineer deems necessary.

   (B)   Within 30 days of the filing of the map, the Planning Commission shall conduct a public hearing relative to the approval or disapproval of the map. The Secretary of the Planning Commission shall give notice by mail of the time and date of the hearing to the person filing the map at least five days prior to the hearing, and shall also publish notice for the time and in the manner required by § 66451.3 of the Subdivision Map Act. At least ten days prior to the hearing copies of the map shall be transmitted by the Secretary of the Planning Commission to the City Engineer. It is the duty of the official to render a written report to the Planning Commission relative thereto, or in the alternative appear in person at the hearing thereon and report to the Planning Commission. Failure to file the report or appear at the hearing shall be deemed approval of the map by the official affected thereby.

   (C)   Failure of the proposed subdivision of land to conform to the requirements and provisions of this chapter, may be grounds for disapproval of the map by the Planning Commission.

   (D)   As a condition to the approval of the map the Planning Commission may require the owner to enter into a written agreement with the city calling for the installation of all proposed or contemplated streets, alleys, sewer lines, water lines, curbs, gutters, sidewalks, fire hydrants or drainage facilities necessary to serve the subject property, and to furnish an improvement security as specified in division (F) of § 153.041.

   (E)   Before the Planning Commission shall approve any map all proposed streets and parcels of land intended for any public use shall be offered for dedication to the city. Intended easements shall be deeded to the city.

   (F)   At the hearing on the tentative parcel map, the Planning Commission shall act thereon. The hearing may be adjourned for any period reasonably necessary to allow the Planning Commission sufficient time in which to make a proper study and determination of the matter in no event to exceed a period of 30 days. The decision of the Planning Commission respecting the map shall be adopted by a resolution of that body, which resolution shall specify the conditions of the approval, if any. A copy of the resolution together with a copy of a final parcel map shall be forthwith transmitted by the Secretary of the Planning Commission to the City Clerk for recording. The final parcel map shall contain the information specified in and conform to the requirements of § 153.040. Before recording the final parcel map, the City Clerk shall issue and affix a parcel map number thereto. If dedications appear on the parcel map its approval and recording shall require a resolution of the City Council accepting the same.

(1994 Code, § 16.16.020)  (Ord. 78-101, passed - -1978)

   Any person who shall deem themselves aggrieved by the action of the Planning Commission respecting the approval or disapproval of any map filed hereunder or of the conditions and requirements annexed thereto may appeal the decision of the Planning Commission to the City Council in the manner specified in Subdivision Map Act § 66452.5.

(1994 Code, § 16.16.030)  (Ord. 78-101, passed - -1978)

   All subdivision improvements shall meet the requirements and specifications of the improvement standards prepared by the City Engineer and adopted by ordinance or resolution of the City Council. The requirements and specifications of this chapter shall be deemed basic improvement standards to be complied with in conjunction with those additional requirements and specifications established in the improvement standards prepared by the City Engineer and adopted by ordinance or resolution of the City Council.

(1994 Code, § 16.20.010)  (Ord. 78-101, passed - -1978)

   Streets and highways shall meet the following requirements and specifications.

   (A)   Limited-access and unlimited-access state highways shall conform to the standards of the State Department of Transportation (CALTRANS). The standards of CALTRANS shall be deemed to be the minimum acceptable standards.

   (B)   Major thoroughfares (designated as expressways or arterials in the circulation element of the general plan) shall be not less than 100 feet wide.

   (C)   Secondary thoroughfares (designated as arterials or collectors in the circulation element of the general plan) shall be not less than 80 feet wide.

   (D)   Local collector streets (designated as collectors or local streets in the circulation element of the general plan) shall not be less than 60 feet wide.

   (E)   Minor and cul-de-sac streets shall be not less than 50 feet wide. The radius at the terminus of the cul-de-sac should be not less than 47 feet at the curb, and shall be paved.

   (F)   Special local streets where railroads, parkways, grade separation, freeways and hills, or other dominant factors are involved shall be subject to individual determination by the city.

   (G)   Along major highways or limited-access highways, a service roadway separated from the main traffic roadway by an appropriate separation strip may be required, which service roadway will provide for access to abutting lands and to other public streets. Along major highways an alley or alleys may be required in lieu of the service road or roads as a facility for serving lands marginal to the major highways.

   (H)   Curved major highways shall have a center line radius of not less than 1,000 feet.

   (I)   Curved secondary streets shall have a center line radius of not less than 500 feet.

   (J)   Curves on other streets shall have a center line radius of not less than 100 feet.

   (K)   Street corners shall have a radius of not less than 15 feet at property line returns and not less than 25 feet at curb line returns.

   (L)   Street intersections shall be as near right angles as practicable. In no case shall the angle be less than 45 degrees.

   (M)   Streets which are a continuation of streets in contiguous territory shall be so aligned as to assure that their center lines shall coincide. In cases where straight continuations are not physically possible, the center line shall be continued by curves.

   (N)   In areas where no specific plan exists, the layout of all improvements including, but not limited to, roadways, curbs, parkways, dividing strips, sidewalks, sewer lines and water mains within the rights-of-way of all highways, streets, alleys and utilities easements shall be in accordance with the standards established by the City Council, and where no standards have been adopted, the arrangements shall be subject to approval by the city.

   (O)   Unless otherwise provided by the advisory agency, all streets must have a minimum width of one-half the roadway plus 11 feet. The last foot of any part width street shall be designated on the subdivision map as restricted access strip, separating the road from adjoining land which is not in the subdivision and thereby limiting the approach of the adjoining land. The restricted access strip shall be offered for dedication to the city for road purposes.

(1994 Code, § 16.16.020)  (Ord. 78-101, passed - -1978; Ord. 81-104, passed - -1981)

   All sidewalks, curbs, gutters, pavements, sanitary sewer lines, watermains, fire hydrants, street lights, mailboxes, street signs, street name signs, storm drains and traffic barricades shall be installed at the cost of the subdivider and shall conform to grades and specifications established and approved by the city. The subdivider shall provide public utility service facilities within the subdivision according to the specifications of the City Engineer, the advisory agency and the public utility companies involved, which specifications may require that all or any portion of the wires for supplying electric, communication or similar or associated service shall be installed underground.

(1994 Code, § 16.16.030)  (Ord. 78-101, passed - -1978)

   Where a sewer line is constructed or laid within a street, road, alley or utility easement, the minimum size the subdivider shall install is a four-inch sewer line to the property line of each lot within the subdivided area. All sanitary sewer lines, appurtenances and service connections shall be constructed or laid prior to paving to the grade established by the City Engineer and shall be of the size and design as designated by the City Engineer.

(1994 Code, § 16.16.040)  (Ord. 78-101, passed - -1978)

   Water shall be obtained from the city and water mains shall be constructed to the standards of the city to serve each lot within the subdivided area at the cost of the subdivider.

(1994 Code, § 16.16.050)  (Ord. 78-101, passed - -1978)

   Alleys 20 feet wide may be provided at the rear of all lots in the subdivision.

(1994 Code, § 16.16.060)  (Ord. 78-101, passed - -1978; Ord. 81-104, passed - -1981)

   Unless otherwise provided herein, all easements within a subdivision shall be not less than ten feet in width (not less than five feet in each side of abutting properties).

(1994 Code, § 16.16.070)  (Ord. 78-101, passed - -1978; Ord. 81-104, passed - -1981)

   Lots shall meet the following requirements and specifications.

   (A)   Lot areas shall be that as will conform to the standards of development as defined by the zoning ordinance or by other specific plans adopted pursuant to law.

   (B)   Lots having no frontage on a public street may be cause for disapproval of subdivision.

   (C)   The minimum width of interior lots and corner lots shall be 60 feet, except the minimum width of lots for multiple dwelling units where located in zero lot line lots shall be 35 feet.

   (D)   No lot shall be divided by a county, city or school district boundary line, or the boundary line of property registered under the Land Title Act (Torrens Title).

   (E)   The side lines of lots shall be approximately at right angles to the street line on trancent streets or radial or curvilineal streets.

   (F)   Double frontage lots having legal ingress and egress rights on parallel or approximately parallel streets should be avoided. All lots shall be suitable for the purpose for which they are intended to be sold.

(1994 Code, § 16.16.080)  (Ord. 78-101, passed - -1978; Ord. 81-104, passed - -1981)

   Blocks shall meet the following requirements and specifications.

   (A)   Blocks less than 330 feet in length or more than 720 feet in length may be cause for disapproval.

   (B)   In blocks exceeding 720 feet in length, pedestrian ways at least ten feet wide may be required.

   (C)   Long blocks are desirable adjacent to main thoroughfares in order to reduce the number of intersections.

(1994 Code, § 16.16.090)  (Ord. 78-101, passed - -1978)

   Facilities for the control of drainage and flood waters are established as follows:

   (A)   The minimum design for facilities which control flood water generated within a subdivision or flood water crossing or flowing into a subdivision shall be based on a storm frequency of once in ten years. Hydrology calculations shall be submitted for approval to the City Engineer.

   (B)   The use of the streets for flood control and drainage purposes may be prohibited by the Planning Commission on the recommendation of the City Engineer.

   (C)   When the use of streets is permitted for flood control and drainage purposes, the ten-year frequency design discharge shall be contained between the curbtops and the 100-year frequency design shall be contained within the right-of-way. In the event eight of these conditions are exceeded, additional adequate flood control facilities must be provided.

(1994 Code, § 16.16.100)  (Ord. 78-101, passed - -1978; Ord. 81-104, passed - -1981)

   This subchapter shall be known and may be cited as the "School Facilities Dedication and Fee Ordinance."

(1994 Code, § 16.24.010)  (Ord. 78-104, passed - -1978)

   The Council of the city finds and declares as follows:

   (A)   Adequate school facilities should be available for children residing in the city school district;

   (B)   Public and private residential developments may require the expansion of existing facilities and/or the construction of new school facilities;

   (C)   In the school district, funds for the construction of new classroom facilities are not available when new development occurs, resulting in the overcrowding of existing schools;

   (D)   New housing developments frequently cause conditions of overcrowding in existing school facilities which cannot be alleviated under existing law within a reasonable period of time; and

   (E)   For the above reasons, new and improved methods of financing for interim school facilities necessitated by new development are needed in the city.

(1994 Code, § 16.24.020)  (Ord. 78-104, passed - -1978)

   This subchapter is intended to implement the school facilities dedication and fees legislation and to provide authority whereby the city, the school district and applicants for land development approvals may undertake the reasonable steps as are necessary to alleviate the overcrowding of school facilities.

(1994 Code, § 16.24.030)  (Ord. 78-104, passed - -1978)

   This subchapter is adopted pursuant to the provisions of Cal. Gov't Code Chapter 4.7 (commencing with § 65970) of Division 1 of Title 7.

(1994 Code, § 16.24.040)  (Ord. 78-104, passed - -1978)

   The City Council may from time to time, by resolution, issue regulations to provide for the administration of this subchapter.

(1994 Code, § 16.24.050)  (Ord. 78-104, passed - -1978)

   Interim school facilities to be constructed from fees paid or land required to be dedicated hereunder, or both, shall be consistent with the county general plan.

(1994 Code, § 16.24.060)  (Ord. 78-104, passed - -1978)

   For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

   CONDITIONS OF OVERCROWDING.  The total enrollment of the school, including enrollment from proposed development, exceeds the capacity of the school as determined by the governing body of the school district.

   DWELLING UNIT. A building, or a portion thereof, or a mobile home designed for residential occupation by one person or a group of two or more persons living together as a domestic unit.

   REASONABLE METHODS FOR MITIGATING CONDITIONS OF OVERCROWDING.  Includes, but is not limited to, the following:

      (1)   Agreements between a subdivider and the affected school district whereby temporary-use buildings will be leased to or for the benefit of the school district or temporary-use buildings owned by the school district will be used;

      (2)   The use of relocatable structures, student transportation, classroom double sessions, year-round school programs, school boundary realignments and elimination of low priority school facility uses;

      (3)   The use of available annual tax rate and bond revenues, to the extent authorized by law; and

      (4)   The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

   RESIDENTIAL DEVELOPMENT.  A project containing residential dwellings, including mobile homes, of one or more units or a subdivision of land for the purpose of constructing one or more residential dwelling units. RESIDENTIAL DEVELOPMENT includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, special use permit, rezone to a residential or to a more intense residential use and any other discretionary permit for residential use.

(1994 Code, § 16.24.070)  (Ord. 78-104, passed - -1978)

   (A)   The Project Director or City Engineer of the city shall, upon receipt of an application therefor, notify the school district of a request submitted to city for approval of any residential development within the jurisdiction of that district.

(1994 Code, § 16.24.080)

   (B)   If the governing body of a school district makes a finding supported by clear and convincing evidence that conditions of overcrowding exist within the district which will impair the normal functioning of educational programs, including the reasons for the existence of the conditions, and that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing the conditions exist, the governing body of the school district shall notify the City Council. The notice of findings sent to the city shall specify the mitigation measures considered by the school district. After the receipt of a notice of findings complying with this division, the City Council shall determine whether it concurs in the school district findings. The City Council shall conduct a public hearing prior to its action on the school district findings. If the City Council concurs in the findings, the provisions of § 153.097 shall be applicable to official actions taken on residential development applications by the City Council or the Planning Commission of the city.

(1994 Code, § 16.24.090)

   (C)   Any notice of findings sent by the school district to the city shall specify:

      (1)   The findings listed in § 153.097;

      (2)   The mitigation measures and methods, including those listed in § 153.096, considered by the school district and any determination made concerning them by the district;

      (3)   The precise geographic boundaries of the overcrowded attendance area or areas;

      (4)   The other information as may be required by City Council regulation.

(1994 Code, § 16.24.100)

   (D)   At the time of filing an application for approval of a residential development located in the school district where the findings required by § 153.097 have been made, the applicant shall, as part of the filing, indicate whether it prefers to dedicate land for interim school facilities, to pay a fee in lieu thereof or do a combination of these. If the applicant prefers to dedicate land, it shall suggest the specific land.

(1994 Code, § 16.24.160)

(Ord. 78-104, passed - -1978)

   (A)   Within the school district where it has been determined pursuant to § 153.097 that conditions of overcrowding exist, neither the City Council nor the Planning Commission shall approve an ordinance rezoning property to a residential use or to a more intense residential use, grant a discretionary permit for residential use or approve a tentative subdivision map or tentative parcel map for residential purposes, unless the decision-making body makes one of the following findings:

      (1)   Action will be taken pursuant to this subchapter to provide dedications of land and/or fees to mitigate the conditions of overcrowding within that attendance area; or

      (2)   There are specific overriding fiscal, economic, social or environmental factors which in the judgment of the decision-making body would benefit the city, thereby justifying the approval of a residential development otherwise subject to the provisions of this subchapter for dedications of land or fees.

(1994 Code, § 16.24.110)

   (B)   For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist, as determined pursuant to § 153.097, the city may require, as a condition to the approval of a residential development, the dedication of land, the payment of fees in lieu thereof, or a combination of both, as determined by the City Council or the Planning Commission during the hearings and proceedings for specific residential development projects falling within their respective jurisdictions. Prior to imposition of the fees or dedications of land, it shall be necessary for the decision-making body acting on the application to make the following findings:

      (1)   The city general plan provides for the location of public schools;

      (2)   The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim classroom and related facilities;

      (3)   The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the community for interim facilities and shall be reasonably related and limited to the need for schools caused by the development;

      (4)   The facilities to be constructed from the fees or the land to be dedicated, or both, is consistent with the city general plan.

(1994 Code, § 16.24.120)  (Ord. 78-104, passed - -1978)

   (A)   General standards. The general standard for the amount of land or fees to be required, based upon the number of dwelling units and bedrooms within the dwelling units, shall be established by resolution of the City Council after consultation with representatives of the school districts which have made the findings required by § 153.099 for the first residential development project to be processed after the effective date of the ordinance codified in this subchapter.

   (B)   Specific dedication or fee requirements.  In each case where necessary findings have been made and concurred in by the City Council under § 153.097, the amount of land or fees to be required may be modified from that general standard approved by resolution of the City Council upon a showing that the overcrowded conditions are either more or less severe than those conditions upon which the general standard has been formulated.

(1994 Code, § 16.24.130)  (Ord. 78-104, passed - -1978)

   Only the payment of fees shall be required in subdivisions containing 50 parcels or less.

(1994 Code, § 16.24.140)  (Ord. 78-104, passed - -1978)

   (A)   Following the decision by the city to require the dedication of land or the payment of fees, or both, the governing body of the school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding.

   (B)   The schedule shall include the school sites to be used, the classroom facilities to be made available and the times when the facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the City Council and the reasons for the modifications.

(1994 Code, § 16.24.150)  (Ord. 78-104, passed - -1978)

   At the time of initial residential development approval, the decision-making body shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof or a combination of both. In making this determination, the decision-making body shall consider the following factors:

   (A)   Whether lands offered for dedication will be consistent with the general plan;

   (B)   The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

   (C)   Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will bear a reasonable relationship and will be limited to the needs of the community for interim school facilities and will be reasonably related and limited to the need for schools caused by the development; and

   (D)   If only a subdivision is proposed, whether it will contain 50 parcels or less.

(1994 Code, § 16.24.170)  (Ord. 78-104, passed - -1978)

   When land is to be dedicated, it shall be offered for dedication and the Council shall accept the dedicated land by resolution.

(1994 Code, § 16.24.180)  (Ord. 78-104, passed - -1978)

   If the payment of a fee is required, the payment shall be made at the time the building permit is approved and issued, or, as to projects underway at the time this subchapter is enacted, the payment shall be made pursuant to agreement among the city, the school district and the developer.

(1994 Code, § 16.24.190)  (Ord. 78-104, passed - -1978)

   Land and fees shall be held in trust by the city until transferred to the school district.

(1994 Code, § 16.24.200)  (Ord. 78-104, passed - -1978)

   If a residential development approval is vacated or voided, and if the city still retains the land and/or fees collected for it, and if the applicant so requests, the Council may order returned to the applicant the land and/or fees.

(1994 Code, § 16.24.210)  (Ord. 78-104, passed - -1978)

   All land or fees, or both, collected pursuant to this subchapter and transferred to a school district shall be used only for the purpose of providing interim school classroom and related facilities.

(1994 Code, § 16.24.220)  (Ord. 78-104, passed - -1978)

   The school district receiving funds pursuant to this subchapter shall maintain a separate account for any fees paid and shall file a report with the City Council on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased or constructed during the previous fiscal year. in addition, the report shall specify whether the school district will continue to be overcrowded when the fall term begins or whether conditions of overcrowding will no longer exist. The report shall be filed by August 1 of each year and shall be filed more frequently at the request of the City Council.

(1994 Code, § 16.24.230)  (Ord. 78-104, passed - -1978)

   When it is determined that conditions of overcrowding no longer exist in the school district, the city shall cease levying any fee or requiring the dedication of any land pursuant to this section for that area.

(1994 Code, § 16.24.240)  (Ord. 78-104, passed - -1978)

   All fees, penalties, refunds, reimbursements and charges of any kind collected by the city in connection with planning or development shall be specified in the master fee resolution, as amended by the Council from time to time. Whenever applicable throughout the code, reference shall be made to the master planning and development fee resolution in lieu of any reference to specific fee amounts.

(1994 Code, § 16.28.010)  (Ord. 78-104, passed - -1978)