This chapter is adopted to implement and supplement the Subdivision Map Act of the State as it presently exists and as it may be amended from time to time, and this chapter may be cited as the “City of Thousand Oaks Subdivision Law.”

(Ord. 744-NS, eff. April 17, 1980)

   Except as specifically excluded by the Subdivision Map Act of the State or this chapter, the provisions of this chapter shall apply to any division of real property wholly or partially within the incorporated area of the City and shall govern the filing, processing, approval, conditional approval, or disapproval of tentative, final, and parcel maps and any modifications thereof. Except as otherwise provided in this chapter and in the Subdivision Map Act of the State, all subdivisions shall be subject to the same substantive and procedural requirements. Subdivisions of unincorporated territory adjacent to the City, in the County, shall be subject to the provisions of this chapter to the extent permitted and as provided by Section 66454 of the Government Code of the State.

(Ord. 744-NS, eff. April 17, 1980)

   Whenever, in the opinion of the Planning Commission, the Community Development Director, or the Council, the land involved in any subdivision is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is inadvisable or impracticable in the particular case to conform fully to the regulations contained in this chapter, the Community Development Director, the Planning Commission, or the Council may make such modifications thereof as in its opinion are reasonably necessary or expedient and in conformity with the Subdivision Map Act of the State.

(Ord. 744-NS, eff. April 17, 1980)

   Whenever any words or phrases used in this chapter are not defined in this chapter but are defined in the Subdivision Map Act of the State or elsewhere in this title, such definitions shall be deemed incorporated in this chapter and shall apply as though set forth in full in this chapter. The words and phrases set forth in this article shall have the meanings respectively ascribed to them.

(Ord. 744-NS, eff. April 17, 1980)

   (a)   The Planning Commission shall constitute the “Advisory Agency” for divisions of real property which require the preparation of a tentative map and a final map pursuant to this chapter and the State Subdivision Map Act, where such map proposes the division of real property into five (5) or more lots or parcels, tentative and parcel maps required by Government Code sections 66426(b) through (d) and for major modifications to such maps, as provided in Section 9-3.702(d) herein. In such capacity the Planning Commission is hereby empowered to approve, conditionally approve, or disapprove, a proposed subdivision.

   (b)   The Community Development Director shall constitute the “Advisory Agency” for the following:

   (1)   Divisions of real property which require the preparation of a tentative map and a parcel map pursuant to this chapter and the State Subdivision Map Act, where such map proposes the division of real property into four (4) or fewer lots or parcels and when required by Government Code Section 66426(a), and modifications there to, including time extensions for the recordation of the approved map;

   (2)   Lot line adjustments;

   (3)   Actions taken relative to waivers of parcel maps;

   (4)   Certificates of compliance;

   (5)   Cancellations of merger;

   (6)   Minor modifications to approved tentative maps, including time extensions for the recordation of an approved tentative map, as provided in Section 9-3.702(d) herein.

   In such capacity the Community Development Director is hereby empowered to approve, conditionally approve, or disapprove a proposed subdivision.

   (c)   The Director may designate an administrative hearing officer to consider applications described herein and, if such officer is designated, he or she shall have all the powers and duties granted to the Director herein.

   Wherever the title “Community Development Director” is used in this chapter, it includes an administrative hearing officer designated by the Director.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 2, Ord. 899-NS, eff. October 22, 1985, and § 7, Ord. 1178-NS eff. April 27, 1993)

   (a)   “Appeal Board” shall have the meaning ascribed to that term in the State Subdivision Map Act.

   (b)   The Planning Commission shall constitute the Appeal Board for all decisions rendered by the Community Development Director pursuant to the Director's authority as the Advisory Agency set forth in Section 9-3.202 herein.

   (c)   The Council shall constitute the Appeal Board for all decisions rendered by the Planning Commission pursuant to its authority as the Advisory Agency set forth in Section 9-3.202 herein, and pursuant to its authority as the Appeal Board for decisions rendered by the Community Development Director.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 7, Ord. 1178-NS, eff. April 27, 1993)

   “City Engineer” shall mean the Public Works Director and duly authorized representatives.

(Ord. 744-NS, eff. April 17, 1980)

   “County Surveyor” shall mean the Director of the County Public Works Agency and his duly authorized representatives.

(Ord. 744-NS, eff. April 17, 1980)

   “Flag lot” shall mean a lot which has at least six (6) courses or sides, at least three (3) of which form a staff which abuts a public or private access way and provides access to the rest of the lot. The staff shall be a minimum of fifty (50') feet in length, measured from the side abutting the public or private access way to the point at which the staff expands into the bulk or flag portion of the lot. The staff shall have a width not less than twenty (20’) feet nor greater than forty (40’) feet at its widest portion. A flag lot shall have two (2) separate front yards with two (2) front property line designations. One front yard shall be located in the staff portion adjacent to the street with a front property line separating the staff from a street. A second front yard shall be located in the bulk or flag portion of the flag lot with a front property line which closely parallels the street. A front yard in the flag portion of the lot may have a front property line designation that is closely perpendicular to a street where the perpendicular lot line is narrower than the lot line that closely parallels the street provided that the side yards of the flag lot are adjacent to side yards of adjoining lots. In the case of flag lots with zero lot line dwelling units, setbacks shall be in accordance with Section 9-4.904(d)(2)(ii)(ad).

(Ord. 744-NS, eff. April 17, 1980, as amended by §1, Ord. 1214-NS, eff. June 20, 1994, and § 1, Ord. 1414-NS, eff. October 2, 2003)

   “Geologically hazardous area” shall mean an area which may be affected by one or more of the geologic hazards discussed in the Seismic Safety Element of the General Plan of the City.

(Ord. 744-NS, eff. April 17, 1980)

   “Hillside area” shall have the same meaning as set forth in subsection (n) of Section 7-3.06 of Chapter 3 of Title 7 of this Code.

(Ord. 744-NS, eff. April 17, 1980)

   “Lot” shall have the same meaning as the word “parcel,” and the two (2) words shall be synonymous.

(Ord. 744-NS, eff. April 17, 1980)

   “Parcel” shall have the same meaning as the word “lot,” and the two (2) words shall be synonymous.

(Ord. 744-NS, eff. April 17, 1980)

   “Permanent domestic water supply” shall mean potable water in a quantity sufficient to adequately and continuously supply the total domestic requirements of all customers, including requirements for fire protection under maximum demand conditions, to be provided by a system approved by a public health agency of the State or the Environmental Health Division of the Environmental Resource Agency of the County. The potability shall be determined in accordance with standards established by the State and the Federal government.

(Ord. 744-NS, eff. April 17, 1980)

   “Public service easement” shall mean a non-fee City ownership of the right to install and maintain, among other things, street lights, street trees, sidewalks, street directional, advisory, and regulatory signs, underground vault vents, and water main blow-off and air vent valves. In addition, such term shall include a reservation of a public utility easement, the use thereof secured individually by each qualified public utility requiring use therein, and an easement for cable television purposes.

(Ord. 744-NS, eff. April 17, 1980)

   “Stock cooperative apartment project” shall mean a stock cooperative as defined by Section 11003.2 of the Business and Professions Code of the State where the “improved real property” referred to in said section is residential real property, including, but not limited to, multi-family residential property, and where “exclusive occupancy in a portion of the real property” includes, but is not limited to, occupancy in a dwelling unit on the property.

(Ord. 744-NS, eff. April 17, 1980)

   “Subdivider” shall mean a person, firm, corporation, partnership, or association which proposes to divide, divides, or causes to be divided real property into a subdivision for himself or itself or for others.

(Ord. 744-NS, eff. April 17, 1980)

   “Subdivision” shall have the meaning set forth in the Subdivision Map Act in the Government Code of the State.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 24, Ord. 1250-NS, eff. January 9, 1996)

   “Subdivision Map Act” shall mean the provisions of Sections 66410, et seq. of Division 2 of Title 7 of the Government Code of the State and such amendments and additions thereto as may be made from time to time by the Legislature of the State.

(Ord. 744-NS, eff. April 17, 1980)

   “Tentative map” shall mean a nonrecordable map, made for the purpose of showing lots, subdivision design, improvements, existing conditions in and around the site, and such other information as required by Article 5 of this chapter.

(§ 1, Ord. 935-NS, eff. October 7, 1986)

   “Vesting tentative map” shall mean a tentative map for a residential subdivision that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with Article 8 of this chapter, and is thereafter processed in accordance with the provisions of that article.

(§ 1, Ord. 935-NS, eff. October 7, 1986)

   A tentative map and a final map shall be required for all subdivisions creating five (5) or more lots or parcels, five (5) or more condominiums (townhouses), stock cooperative apartment units, or a community apartment project containing five (5) or more parcels, except where:

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

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

   (c)   The land comprises part of a tract of land zoned for industrial or commercial development, and each parcel created by the division has a City approved access to a public street or highway, and the proposed division has the approval of the Council as to street alignments and widths; or

   A City approved tentative map and a recorded parcel map shall be required for those subdivisions described in subsections (a), (b), (c), and (d) of this section.

(Ord. 744-NS, eff. April 17, 1980)

   A City approved tentative map and a final parcel map shall be required for all subdivisions creating four (4) or less lots or parcels, or four (4) or less condominiums (townhouses) or stock cooperative apartment units, and for community apartment projects containing four (4) or less parcels, except when the subdivision:

   (a)   Contains only parcels of not less than forty (40) acres or which are not less than a quarter of a quarter section; or

   (b)   Is for land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless it is determined, upon substantial evidence, that public policy necessitates a tentative map and parcel map.

   A parcel map required by this chapter may be waived, pursuant to the procedures set forth in subsection (b) of Section 9-3.702 of Article 7 of this chapter, by the Community Development Director upon a finding that the proposed division complies with all requirements as to area, improvements and design, floodwater drainage control, appropriate improved public roads, wastewater facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and this Code. The Community Development Director, in his discretion, may require the filing of a tentative map as a condition of waiver under this section.

(Ord. 744-NS, eff. April 17, 1980)

   This chapter shall not be applicable to:

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

   (b)   Mineral, oil, or gas leases;

   (c)   Leases of land for agricultural purposes (cultivation of food or fiber or the grazing or pasturing of livestock);

   (d)   Land dedicated for cemetery purposes under the provisions of the Health and Safety Code of the State;

   (e)   Short-term leases (terminable by either party on not more than thirty (30) days’ written notice) of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, unless a showing is made in individual cases, under substantial evidence, that public policy necessitates a map. In such a case, a parcel map shall be required pursuant to the requirements of this Code;

   (f)   Lot line adjustments between two (2) or more adjacent parcels where no additional parcels or building sites are created, the potential density of development is not increased on any of the new parcels, no potential to further divide any of the new parcels is created, the ingress and egress to the new parcels does not create circulation problems on the parcels or to the surrounding areas, and no violation of any provision of this Code will result; provided, however, any such lot line adjustment shall be approved or conditionally approved by the issuance of a certificate which shall be recorded pursuant to the procedures set forth in subsection (b) of Section 9-3.702 of Article 7 of this chapter; and

   (g)   Any other exemption provided by the Subdivision Map Act.

(Ord. 744-NS, eff. April 17, 1980)

   A map of a condominium project, community apartment project, or stock cooperative apartment project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor shall the City have the right to refuse the approval of a parcel, tentative, or final map of such a project on account of design or location of buildings on the property or of the manner in which airspace is to be divided; provided, however, the provisions of Article 19 of Chapter 4 of this title relative to condominium conversions shall be applicable to such projects, and the limitations set forth in this section in no way shall limit the authority of the City under the provisions of said Article 19.

(Ord. 744-NS, eff. April 17, 1980)

   The City shall ministerially process an application for an Urban Lot Split pursuant to Title 9, Chapter 4, Article 37 - Urban Lot Splits and Two-Unit Housing Developments.

(§ 1, Ord. 1704-NS, eff. November 25, 2022)

   Fees for processing subdivision matters pursuant to this chapter shall be paid in the amount prescribed by resolution of the Council. Except as otherwise specified in such resolution or in this Code, such fees shall not be refundable.

(Ord. 744-NS, eff. April 17, 1980)

   In order to establish a working relationship between the City staff and prospective subdividers prior to the submission of a formal tentative map, the subdivider, in his discretion, may submit plans and data related to the design and improvements of the proposed subdivision to the Community Development Department for review for conformance with this chapter, this Code and other applicable laws, regulations, and standards. The form and substance of the information submitted and the procedure followed shall be determined by the Community Development Director and may be patterned after Section 9-4.905 of Article 9 of Chapter 4 of this title. Upon the completion of such process, the prospective subdivider may file a tentative map as provided by this chapter.

   The time consumed by such procedure shall not be counted in determining compliance with the requirements of Chapter 4.5 of Division 1 of Title 7 of the Government Code of the State, the Environmental Quality Act of the State (Public Resources Code Sections 21000, et seq.), Section 9-3.1401 of Article 14 of this chapter, subsection (b) of Section 66452.1 of the Government Code of the State, or Section 9-3.702 of Article 7 of this chapter.

(Ord. 744-NS, eff. April 17, 1980)

   (a)    Unless otherwise provided in this chapter, each proposed subdivision shall first be submitted to the Community Development Department in the form of a tentative map. Tentative maps shall be prepared and submitted in compliance with all applicable State and City laws. Tentative maps shall be filed in the office of the Community Development Department.

   (b)   Unless otherwise authorized in advance by the City Council, no application for a tentative map shall be deemed filed and accepted for filing unless the subdivision and use of land requested in said application is permitted by the regulations of the underlying zone, Specific Plan (if applicable), and General Plan designation in which the property is located. When the Council deems it to be in the public's interest or appropriate for proper planning for the subject property, the Council may allow a tentative map application to be filed and processed concurrently with a proposed change of the zone classification, Specific Plan, and/or General Plan or amendment thereto, where such change is necessary to accommodate the proposed subdivision or use. Where concurrent processing is permitted, the required public hearings for the entitlements and associated zoning, Specific Plan or General Plan legislative actions shall be combined, and only the Council shall make the final decision on the subdivision entitlement application(s).

   (c)    Tentative maps shall not be deemed filed until any environmental documentation required under the California Environmental Quality Act has been completed.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 1, Ord. 1331-NS, eff. March 10, 1999)

   Subdividers desiring to file a tentative subdivision map shall first obtain a tract number from the County Surveyor upon the payment of the fee prescribed therefor by resolution of the Board of Supervisors of the County. Tract numbers may be obtained only after the subdivider has provided the County Surveyor with a description and plan showing the boundaries of the proposed subdivision, the area around it, and its relation to nearby public roads at a scale of one (1") inch equals five hundred (500’) feet. If a tentative map has not been submitted for approval within one year after the date of the issuance of a tract number, the number shall no longer be valid and shall be cancelled by the County Surveyor. No number which has been used previously on a map which has expired or was denied shall be used again. No tract number shall be issued whenever another valid tract number exists for all or part of the land lying within the proposed subdivision, unless the application is for a “dash number” of an approved tentative tract. Such dash numbers shall be issued only for tentative tracts which have an approved phasing plan.

(Ord. 744-NS, eff. April 17, 1980)

   Each tentative map submitted to the Community Development Department shall consist of one or more sheets of equal size. The scale of the map shall be one (1") inch equals one hundred (100’) feet, if the sheets of the map do not exceed forty-two (42") inches along any side; otherwise the scale shall be one (1") inch equals two hundred (200’) feet. The Community Development Director may approve the use of any scale not specified in this section. The map shall contain the following information in addition to any requirements of the City departments which review the map:

   (a)   A vicinity or area map at a scale of one inch equals five hundred (500’) feet showing the major existing circulation pattern, all proposed major streets, existing major watercourses, existing County Flood Control District channels, and school, park, and open space areas existing or proposed within one-half (1/2) mile or any other appropriate greater distance when necessary to depict such features which relate significantly to the subdivision;

   (b)   In or near the lower right-hand corner of the first sheet;

   (1)   The tract number or land division number;

   (2)   The name and address of the subdivider;

   (3)   The name and address of the owners;

   (4)   The north point and scale of the map;

   (5)   The name and address of the person preparing the map;

   (6)   The date the map was prepared;

   (7)   The total number of lots;

   (8)   The area of the subdivision, both as to the total area and the area excluding all property to be dedicated for exclusive public uses;

   (9)   The minimum, maximum, and average lot size; and

   (10)    The average natural slopes, if greater than ten (10%) percent;

   (c)   All boundary lines of the subdivision with approximate bearings and distances; and

   (d)   The location and dimensions (including the area of lots or parcels larger than one acre) of each lot or parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be shown by reference to the existing record boundaries of such remainder.

(Ord. 744-NS, eff. April 17, 1980)

   In addition to the information required by Section 9-3.504 of this article, the tentative map shall also contain the following information:

   (a)   Any significant adjacent topographic features which may materially affect the design of the subdivision. If features are not shown, contour intervals shall be as follows:

   (1)   One (1’) foot when the slope of ground is less than five (5%) percent;

   (2)   Two (2’) feet when the slope of ground is between five (5%) and ten (10%) percent;

   (3)   Five (5’) feet when the slope of ground is between ten (10%) and twenty-five (25%) percent;

   (4)   Ten (10’) feet when the slope of ground is greater than twenty-five (25%) percent. At least every fifth contour shall be clearly labeled and indicated so as to be distinctive;

   (5)   The delineation of natural slope categories as follows:

   (i)   0 – 10%;

   (ii)   10.1 – 15%;

   (iii)    15.1 – 24.9%; and

   (iv)   25% or greater;

   (6)   The top and toe of all proposed slopes or embankments shown as dotted lines and the slopes or embankments shaded lightly so as not to obscure other data. All contemplated grading shall be so indicated;

   (7)   The daylight line between cut and fill slopes and between those and natural slopes;

   (b)   The individual lot lines and approximate dimensions and the number of each lot. All lots, and the dimensions thereof, shall be shown on one sheet of the map;

   (c)   The existing zoning and proposed uses of all lots; e.g., single-family, multiple-family, commercial, industrial, school, park, open space, or other;

   (d)   All structures, fences, tree rows, wells, utility poles, prominent features, and land uses within the subdivision, whether or not they are to remain, including those within three hundred (300’) feet of the proposed subdivision on immediately adjoining land;

   (e)   All known archeological sites and the limits thereof within or adjacent to the subdivision;

   (f)   The approximate location and direction of flow of all watercourses and natural drainage channels;

   (g)   The street right-of-way width and improvements on all roads and streets (public and private) within, adjacent to, or affected by the subdivision; and

   (h)   The location of all oak trees and other significant trees, vegetation, and natural features.

(Ord. 744-NS, eff. April 17, 1980)

   In addition to the information required by Sections 9-3.504 and 9-3.505 of this article, the tentative map shall also contain the following information:

   (a)   The Road Standard Plates, including right-of-way widths, centerline radii, and the approximate grades of all roads or streets; the street drainage system within the proposed subdivision; the approximate finished grades at street intersections and turnarounds and the widths and approximate locations of all existing or proposed public or private easements for roads, street drainage, and utilities; cut and fill slopes over five (5’) feet in vertical height and off-site grading; and the disposition of all earth material removed from the site and the source of all imported earth material to be used on the property;

   (b)   Private street improvements for parcel maps shall conform to Fire Department requirements relative to access and Public Works Department requirements for parcel maps;

   (c)   The proposed improvements on all existing roads or streets adjacent to or affected by the subdivision, including the necessary off-site access improvements;

   (d)   The street names on all existing streets within, adjacent to, or to be extended into the proposed subdivision. Proposed public or private streets, not officially named, should be shown as A Street, B Court, or C Road, unless a current listing of desired names has been approved for the tentative tract;

   (f)   The existing and proposed water and wastewater facilities;

   (g)   A tentative grading plan which shall clearly denote areas of, and in excess of twenty-five (25%) percent slope and all cuts and fill slopes greater than twenty-five (25’) feet in height;

   (h)   The location of all existing utility facilities and proposed facilities, both on and off site, including electric lines, communication lines, cable television lines, street lighting power supply lines, and appurtenances thereto shall be shown. It shall be indicated whether the proposed facilities are to be installed underground or not;

   (i)   A depiction of all cut and fill slopes that are over five (5’) feet in vertical height showing elevation for the base and top of slopes as well as all proposed key-ways to stabilize slopes;

   (j)   Delineation of off-site grading and written authorization from the affected owners, granting a grading easement, as well as other necessary easements to record the final map;

   (k)   A grading plan which accurately delineates the manufactured slope areas that encroach into twenty-five (25%) percent or higher terrain;

   (l)   Identification on the map, showing the quantity of cut and fill material;

   (m)    The plotting of all dwelling units and accessory buildings on every pad, with all setback dimensions and yard-useable open space clearly delineated on the site plan;

   (n)   Identification of all one-, two- and three-story units and the percent mixture within the project boundaries;

   (o)   Written verification from all service utility companies that there is adequate capacity to allow connections during the life of the tentative map;

   (p)   Complete elevation plans for all houses, as well as floor plans for dwelling units and related accessory structures; and

   (q)   The identification of all recreation vehicle storage areas on the plan, set aside as a common facility or as private storage space on individual lots.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 1, Ord. 1047-NS, eff. November 14, 1989)

   Each tentative map submitted to the Community Development Department shall be accompanied by documents containing the following:

   (a)   A signed statement by all the parties listed as owners of the real property on the latest equalized County assessment roll, or by their authorized agents, consenting to the filing of the tentative map;

   (b)   A description of the land within the proposed subdivision;

   (c)   The disposition to be made of all existing structures, trees and other significant vegetation and natural features, wells, tanks, irrigation facilities, and public utility facilities and the submittal of an Oak Tree Report, prepared pursuant to this Code, if required by the Community Development Director;

   (d)   A report describing the proposed method and plan of stormwater disposal (the plan, including the locations of storm drain lines, inlets, and ultimate outlets may be shown on the tentative map) prepared by a civil engineer registered in the State. The stormwater report shall include a hydrologic and hydraulic study, indicating the following conditions before and after development: drainage areas, major watercourses, quantity of stormwater and patterns, and diversion and collection systems. Flood hazard areas, based on 100-year storm frequency, shall be delineated on the tentative map, based on approved County Flood Control District methodology and, if applicable, included in an inundation easement and offered for dedication to the City or the District, as required. Buildable sites, as designated in the soils report (see Section 9-3.508 of this article), shall be located outside of flood hazard areas. The drainage requirements of the County Road Standards shall also apply;

   (e)   A certification by the applicant, supported by a preliminary title report, that the design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through, or the use of, property within the proposed subdivision;

   (f)    A statement of all proposed deviations to the City standards for map, street, and storm drainage design, together with justifications for each;

   (g)   The submittal of a traffic report, containing information as required by the City Transportation Planner and Traffic Engineer;

   (h)   The preparation of a certified archaeological survey of the entire area or fuel modification zone within the boundaries of the subject property, and all other areas that may be affected by development of the site;

   (i)   Preparation of a comprehensive floral report, identifying all vegetation on the property, and associated impacts. The brush clearance area shall be included on the map, and information shall be submitted providing a plant replacement program for those affected areas;

   (j)   Identification of a maintenance program along with appropriate vehicular and pedestrian access for maintenance crews for all common areas including fuel modification zones; and

   (k)   The submittal of a phasing plan, which shall include the following:

   1.     Recording of the final map,

   2.    Grading of lots and infrastructure,

   3.    Construction of dwelling units, including accessory common facilities.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 2, Ord. 1047-NS, eff. November 14, 1989)

   A preliminary soils report, prepared by a civil engineer registered in the State and based upon adequate test borings, shall be submitted to the Community Development Director for use in evaluating and reporting the environmental impact the subdivision may have on the City.

   (a)   The preliminary soils report shall describe the nature of the subsurface soils and any soil conditions which would affect the geometrics of the proposed development. The soils report shall state whether the proposed plan is feasible and provide general solutions for all known hazardous conditions or problems. The reports shall include the locations and logs of any test borings, and percolation test results and a hydrological evaluation if on-site sewage disposal is proposed.

   (b)   If the City Engineer and Building Official have knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, could possibly lead to structural defects or hazardous conditions, a soils investigation of each lot in the subdivision may be required. Such soils investigation shall be performed by a civil engineer registered in the State who shall recommend the corrective action which is likely to prevent structural damage and eliminate any hazards to each structure proposed to be constructed in the area where such soils problems exist.

   (c)   For hillside or other geologically hazardous areas an engineering geology evaluation defining the geologic conditions of the site shall be submitted. The geologic evaluation shall state whether the proposed plan is feasible and provide general solutions for all known hazardous conditions or problems. The evaluation shall include the location and lots of any test borings and shall evaluate the effect of the geology on the proposed development and on adjacent properties. The evaluation report shall point out specific areas where development may create hazardous conditions.

   (d)   The soils and geologic reports shall designate a suitable building site for each lot which site is safe from settlement, landsliding, mudsliding, and flood hazards and which has reasonable access thereto.

   The Planning Commission may approve the subdivision, or portion thereof, where soils problems or geological hazards exist if the Planning Commission determines that the actions recommended in the soils and/or geology reports are likely to prevent public health or safety problems, prevent structural damage, and eliminate any hazards to each structure to be constructed, and a condition to the issuance of any building permit shall require that the approved recommended action be incorporated in the construction of each structure.

(Ord. 744-NS, eff. April 17, 1980)

   The number of copies of tentative maps to be submitted shall be as specified by the Community Development Department.

(Ord. 744-NS, eff. April 17, 1980)

   When the required number of copies of a tentative map and accompanying reports have been received by the Community Development Department, the tentative map shall be examined by the Community Development Department staff in light of the requirements of the City of Thousand Oaks Improvement Standards and Specifications and of this Code to determine whether or not the tentative map contains all of the required information and is acceptable for filing. The date upon which it is found to be acceptable shall be placed on the tentative map and considered to be the filing date. Whenever a tentative map is found not to be acceptable for filing, the person submitting the map shall be notified of the reasons therefor. When the required number of copies of the tentative map have been accepted for filing by the Community Development Department, copies shall be forwarded for review by other agencies pursuant to the provisions of Sections 66453, et seq, of the Subdivision Map Act. Nothing set forth in this section shall be construed to contradict or constrict the provisions of Section 9-3.501 of this article concerning preliminary maps.

(Ord. 744-NS, eff. April 17, 1980)

   All subdivisions and the tentative maps thereof shall conform to the General Plan of the City and all applicable planning, zoning, design and improvement, and environmental requirements. Unless otherwise specified, design requirements and improvement requirements may be modified or waived only by the Planning Commission or Council.

(Ord. 744-NS, eff. April 17, 1980)

   Each sideline of a lot in any proposed subdivision shall be as close as is practicable to perpendicular to the center line of the street at the point at which the lot side line terminates. All lot lines shall comply with Section 9-3.908 of Article 9 of this chapter at the time of the recordation of the proposed subdivision. All lots in a proposed subdivision shall conform to the minimum lot area and width requirements of the zone in which the proposed subdivision is located. No lot shall have less than forty (40’) feet of frontage, and no staff of a flag lot shall be less than twenty (20’) feet wide. All residential, commercial, and industrial lots shall have direct access to public streets, except where private street, common driveway, or other reciprocal easement rights are specifically approved by the City and made a matter of record in the office of the County Recorder. In determining the permissible minimum lot area of lots less than ten thousand (10,000) square feet in size, all public utility line easements shall be excluded even though such easements are included in the lot design.

(Ord. 744-NS, eff. April 17, 1980)

   (a)   All proposed lots or parcels shall have not less than the minimum width and length required by the zoning regulations as specified in Chapter 4 of this title. All proposed lots or parcels of less than ten (10) acres gross shall also have not less than the minimum net area required by said zoning regulations. Each lot or parcel shall have a conforming width at the front yard setback or building line required by the applicable zone classification. The average lot depth shall not be greater than three (3) times the lot width at the setback or building line, unless the Planning Commission determines that topographic features in the area justify a greater average depth.

   (b)   Whenever a division of land results in a lot or parcel for which the only means of access is by way of an easement or the staff on a flag lot, the easement or staff shall be considered as a public road or street for the purposes of determining the size of the lot.

(Ord. 744-NS, eff. April 17, 1980)

   The street layout of a proposed subdivision shall be consistent with all street right-of-way designations shown on the Circulation Element of the General Plan of the City or applicable Specific Plans at the time the tentative map is approved. The street layout and widths of rights-of-way shall also comply with the requirements of the City of Thousand Oaks Improvement Standards and Specifications. The requirements of this section affecting road alignments may be waived or modified if the Planning Commission finds, after making an appropriate study and investigation of the physical features of the area and the general alignment of the existing roadway, and considering such other engineering information as may be available, that the street rights-of-way shown on the Circulation Element or applicable Specific Plans for the area of the subdivision would not follow the existing right-of-way center line and would follow an alignment other than the existing alignment.

(Ord. 744-NS, eff. April 17, 1980)

   To the extent practicable, underground utility easements, whenever necessary shall be abutting and parallel to lot lines.

(Ord. 744-NS, eff. April 17, 1980)

   The design of a proposed subdivision shall be such as to provide for the proper drainage of the proposed subdivision and all lots and improvements therein, based on the runoff which can be anticipated from the ultimate development of the watershed area in which the subdivision is located. The design shall be such that there are no undrained depressions. Easements shall be provided within the proposed subdivision as may be necessary to provide for the proper drainage of the proposed subdivision and which are included in the Master Drainage Plan for the Conejo Valley approved by the City or the Comprehensive Plan of Flood Control Channels approved by the Board of Supervisors of the Ventura County Flood Control District. Access to open channels included in the Master Drainage or Comprehensive Plan shall be provided along the entire length of the channel. Access to underground drainage conduits shall be provided by an easement not less than ten (10’) feet in width directly above the entire length of the conduit, which shall not permit any structures, including masonry walls to be installed or maintained. The design of the proposed subdivision shall be such as to protect the subdivision and the lots and improvements therein from off-tract drainage or flood damages. The design shall also ensure that all public facilities, such as sewer, gas, electrical, and water systems, are located, elevated, and constructed so as to minimize or eliminate flood damage. Further, the design shall provide that any concentrations or increases or surface water resulting from the development of the proposed subdivision are conveyed by means of adequate facilities to suitable natural watercourse or drainage facility in the area. Off-tract easements as may be necessary for such facilities shall be provided by the subdivider. All easements required to be provided pursuant to this section shall be offered for dedication at the time the final map or parcel map is filed for approval.

(Ord. 744-NS, eff. April 17, 1980)

   If an existing or proposed State highway abuts a proposed subdivision, the subdivider shall secure all pertinent road data and specifications and shall provide that the design of the proposed subdivision is compatible with the use of such State highway.

(Ord. 744-NS, eff. April 17, 1980)

   Whenever a proposed subdivision requiring a final map is located within the boundaries of a public water agency or a private service company willing and able to provide water service to the lots, the agency or company shall be chosen as the water purveyor for the proposed subdivision.

(Ord. 744-NS, eff. April 17, 1980)

   Whenever a proposed subdivision requiring a final map is located within the boundaries of a public wastewater agency willing and able to provide sewer service to the lots, the agency shall be chosen to provide sewer service for the proposed subdivision.

(Ord. 744-NS, eff. April 17, 1980)

   Prior to the recordation of the subdivision map, if so directed or required, the subdivider shall cause the area within the subdivision to be included in the City of Thousand Oaks Municipal Lighting District or appropriate maintenance assessment district and any applicable subzone thereof providing street lighting. The Planning Commission may waive such requirement for parcel maps if the Planning Commission finds that inclusion within such a service area is unnecessary because of the size or location of the proposed parcels or that inclusion could be more appropriately a condition of approval of a future development plan.

(Ord. 744-NS, eff. April 17, 1980)

   Any staff report or recommendations on a tentative map to the Planning Commission shall be in writing, and a copy thereof shall be delivered to the subdivider at least three (3) days prior to any hearing or action on such map by the Planning Commission.

(Ord. 744-NS, eff. April 17, 1980)

   (a)   For subdivisions which require the preparation of a tentative map and a final map, the Advisory Agency shall, within fifty (50) days after the filing of the map, or within such longer period of time as may be agreed to by the subdivider, hold a public hearing on the map, make all findings required by this Code and the Subdivision Map Act, conditionally approve, recommend conditional approval by the City Council, recommend denial by the City Council, or disapprove the tentative map and report its action to the subdivider, as follows:

   (1)   Where the Commission is considering a regular or vesting tentative map application for which the Council has permitted concurrent processing of the application with a change of zone classification or other legislative action (Specific Plan amendment or General Plan amendment) pursuant to Section 9-3.502, the City Council shall make the final decision on approving the tentative map application and the Commission shall only make a recommendation to the Council of conditional approval or denial of the tentative map. Where the Commission has recommended denial, the Commission may forward to the Council proposed conditions of approval for the Council's consideration if the Council determines to approve the tentative map application. Upon receiving a recommendation from the Commission, the Council shall conduct its own public hearing on the tentative map application(s) and associated legislative land use actions, providing notice thereof in the same manner as was required for the Commission hearing, and shall render a final decision.

   (2)   In all other cases, the Commission shall render a decision to conditionally approve or disapprove the tentative map application.

   (3)   Where, due to the absence of a Commissioner(s), a tie vote is cast on a motion to approve, conditionally approve, or deny an appeal, a permit or entitlement, or on the recommendation to the City Council for the approval or denial on a permit or entitlement (in the case of applications being processed concurrently with legislative actions), and the Commission is unable to break the tie vote situation through further deliberation and votes during that meeting and immediately following the tie vote, then the Commission shall reopen the hearing and continue the matter on an open hearing basis until the next Commission meeting at which the tie might be broken through the participation of the Commissioner(s) absent at the original hearing.

   If the Commission determines that the tie cannot be broken within the next twenty-one (21) days due to the announced conflict and abstention of a Commissioner in the matter, a vacancy, or a long term absence, then no entitlement shall be granted and the matter shall be automatically referred to the City Council for a decision with no recommendation implied or made by the Commission.

   A tentative map shall not be deemed to have been filed until the preliminary map procedure, governed by Section 9-3.501 of Article 5 of this chapter, has been completed, rejected or abandoned.

   In accordance with the provisions and time limitations set forth in Section 66452.5 and 66474.7 of the Subdivision Map Act, any interested party adversely affected by a decision to conditionally approve, or disapprove a tentative map may appeal the decision of the Planning Commission to the Council, which shall hold a public hearing and make a decision thereon. In addition, the City Council may, on its own motion within ten (10) days after the final decision by the Planning Commission, elect to review and consider any decision of the Planning Commission. No application for an appeal need be filed by the City Council, or any member representative thereof, when the City Council elects, by majority vote of its own motion, to review and consider a decision of the Planning Commission.

   (b)   For lot line adjustment and waivers or parcel maps which do not require the preparation of a tentative map or a parcel map pursuant to Sections 9-3.302 and 9-3.303 of Article 3 of this chapter and the Subdivision Map Act, the Community Development Director shall constitute the Advisory Agency, and shall conduct a public hearing prior to rendering a decision. Within fifty (50) days after the filing of the application, the contents of which shall be specified by the Community Development Director, or within such longer period of time as may be agreed to by the applicant, the Community Development Director shall make all findings required by this chapter and the Subdivision Map Act, shall approve, conditionally approve, or disapprove the application, and shall report his or her action to the applicant. In accordance with the provisions and time limitations set forth in Sections 66452.5 and 66474.7 of the Subdivision Map Act, any interested person adversely affected by a decision may appeal any decision of the Community Development Director (Advisory Agency) to the Planning Commission (Appeal Board), which shall hold a public hearing thereon, and may appeal any decision of the Planning Commission (Appeal Board) to the Council, which shall hold a public hearing thereon. In addition, the City Council may, on its own motion within ten (10) days after the final decision by the Planning Commission, elect to review and consider any decision of the Planning Commission. No application for an appeal need be filed by the City Council, or any member representative thereof, when the City Council elects, by majority vote on its own motion, to review and consider a decision of the Planning Commission.

   (c)   Whenever a public hearing is to be held, notice shall be given in the manner required by Chapter 12 of this title.

   (d)   Following the approval of a tentative map for a subdivision requiring the preparation of a final map, the Community Development Department, upon the payment of the fee specified therefor, may grant requests for minor modifications of the tentative map which do not affect the quantity or quality of required dedications, which do not increase the total number or significantly alter the configuration of the proposed lots in the subdivision, which do not affect the grading of the subdivision, which do not affect the design integrity of the subdivision, or which do not alter the intent or purpose of the imposed conditions of approval. Before granting any minor modification request, the Community Development Department shall make a written finding, with a statement of reasons in support thereof, that the proposed modification could not reasonably be expected to change any of the findings previously adopted at the time of the approval of the tentative map. Minor modification decisions which are objected to in writing by any interested person aggrieved by the decision within ten (10) days after rendition shall be deemed to be recommendations only, and the modification request shall thereafter be processed in the manner provided in this chapter, and for the fee required, for the initial processing of tentative maps for subdivisions requiring the preparation of final maps.

   (f)   Upon the payment of the fee specified therefor by Council resolution, requested minor or major modifications of approved tentative maps of subdivisions requiring the preparation of parcel maps shall be processed in the same manner as provided for subdivision or tract maps.

   (g)   Any interested person may file with the Community Development Department a written request for notification of any proposed modification of a particular approved tentative map. At least five (5) days prior to the granting of any request to modify any approved tentative map, copies of the proposed modification shall be provided to all persons who have filed notification requests pursuant to this section.

   (h)   In approving or conditionally approving tentative subdivision maps, the Planning Commission, or the Council on appeal, shall find that the proposed subdivision, together with its provisions for its design and improvement, is consistent with applicable General and Specific Plans and laws and standards adopted by the City. The Planning Commission, or the Council on appeals, may deny the approval of the tentative map on any of the grounds provided by City laws or standards or the Subdivision Map Act. The Commission or Council shall deny approval if it makes any of the following findings:

   (1)   That the proposed map is not consistent with the applicable General and Specific Plans;

   (2)   That the design or improvement of the proposed subdivision is not consistent with the applicable General and Specific Plans;

   (3)   That the site is not physically suitable for the type of development;

   (4)   That the site is not physically suitable for the proposed density of development;

   (5)   That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damages or substantially and avoidably injure fish or wildlife or their habitat;

   (6)   That the design of the subdivision or the type of improvements is likely to cause serious public health problems; and

   (7)   That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or the use of property within the proposed subdivision or with public access to public resources as defined and regulated by Sections 66478.1, et seq. of the Subdivision Map Act. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided and that they will be substantially equivalent to easements previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority shall be granted to a legislative body to determine that the public at large has acquired easements for access through, or the use of, property within the proposed subdivision.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 8, Ord. 1178-NS, eff. April 27, 1993, and § 2, Ord. 1331-NS, eff. March 10, 1999, Parts 3 and 4, Ord. 1446-NS, eff. October 25, 2005)

(§ IV, Ord. 757-NS, eff. September 4, 1980, as amended by § 1, Ord. 867-NS, eff. September 4, 1984 and repealed by § 32, Ord. 1555-NS, eff. May 13, 2011)

   (a)   Expiration. The approval or conditional approval of a tentative map shall expire thirty-six (36) months from the following date: in the event no appeal was taken, or if the subdivider appealed, from the date of Planning Commission approval; in the case of appeals by other persons, from the date of the decision on appeal. Failure to submit to the City all items needed to file a final map or parcel map with the County Recorder within such period shall terminate all proceedings, and any subdivision of the same land shall require the filing and processing of a new map using a new tentative tract number issued in accordance with the provisions of Section 9-3.503 of Article 5 of this chapter. The subdivider shall be responsible for keeping a record as to when a map will expire.

   (b)   Extensions. The City or the applicant filing the tentative map may request an extension of the tentative map approval or conditional approval by filing a minor modification application prior to the expiration date with the Community Development Director. The applicant shall state the reasons for requesting the extension. A maximum of two (2) discretionary time extensions, not to exceed a cumulative length of forty-eight (48) months, except where otherwise required by the Subdivision Map Act, may be approved by the Community Development Director. The applicant or any aggrieved party may appeal the decision of the Director to the Planning Commission within fifteen (15) days after the decision of the Director.

   (c)   Time limits for extensions. Any extension of a tentative map approval or conditional approval shall not exceed the time limits provided in the Subdivision Map Act (Section 66452.6 of the Government Code of the State).

   (d)   Effect of map modifications on extensions. The modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section, unless expressly indicated in the modification.

(Ord. 744-NS, eff. April 17, 1980, as amended by § I, Ord. 804-NS, eff. February 18, 1982, and § 3, Ord. 899-NS, eff. October 22, 1985, § 2, Ord. 935-NS, eff. October 7, 1986, and §§ 4, 5, Ord. 1122-NS, eff. October 1, 1991, as updated by Ord. 1386-NS, eff. October 18, 2001)

   A vesting tentative map may be filed for residential, commercial, and industrial developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed in accordance with the provisions of this article. If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(§ 3, Ord. 935-NS, eff. October 7, 1986, as amended by § 3, Ord. 1047-NS, eff. November 14, 1989)

   A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be subject to the same fees and processed in the same manner as set forth in this chapter for a tentative map except that it shall have printed conspicuously on its face the words “vesting tentative map.”

(§ 3, Ord. 935-NS, eff. October 7, 1986)

   A vesting tentative map may not be filed and no land shall be subdivided and developed pursuant to a vesting tentative map for any purpose or use which will be inconsistent with the City’s General Plan, any applicable Specific Plan or not permitted pursuant to the zoning or other applicable provisions of this code. Instead, any necessary General Plan Amendment or zone change must be obtained before any such proposed map may be properly filed.

(§ 3, Ord. 935-NS, eff. October 7, 1986)

   The approval or conditional approval of a vesting tentative map shall expire at the end of thirty-six (36) months from the date of approval of the tentative map by the Planning Commission or City Council on appeal. Extensions established by this chapter with respect to tentative maps and tentative parcel maps shall apply to vesting tentative maps.

(§ 3, Ord. 935-NS, eff. October 7, 1986, as amended by § 5, Ord. 1122-NS, eff. October 1, 1991)

   (a)   The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect on the date the application is determined to be complete except for previously initiated proceedings to amend or enact ordinances, policies or standards.

   (b)   Notwithstanding subdivision (a), above, a permit, approval, or entitlement may be made conditioned or denied if any of the following are determined:

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

   (2)   A condition or denial is required, in order to comply with state and federal law.

   (c)   The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 9-3.804. If the final map is approved, these rights shall last for the following periods of time:

   (1)   An initial time period of twelve (12) months from the date the final map is recorded. Where several final maps are recorded on varied phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

   (2)   The initial time period set forth in (c)(1), above, shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed. Time consumed by the subdivider in correcting plans or other related delays shall not be counted when calculating the thirty (30) day period.

   (3)   A subdivider may apply for a one year extension at any time before the initial time period set forth in (c)(1) expires. If an extension is denied, the subdivider may appeal that denial to the City Council within fifteen (15) days.

   (4)   If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions (c)(1) through (c)(3), the rights referred to herein shall continue until the expiration of that permit or any extension of that permit.

(§ 3, Ord. 935-NS, eff. October 7, 1986)

(§ 3, Ord. 935-NS, eff. October 7, 1986 and repealed by § 33, Ord. 1555-NS, eff. May 13, 2011)

   Final maps and parcel maps shall be prepared in accordance with the requirements set forth in the Subdivision Map Act and this chapter.

(Ord. 744-NS, eff. April 17, 1980)

   After the approval or conditional approval of a tentative map and prior to the expiration thereof, the subdivider may prepare a final map or parcel map of the proposed subdivision, or any portion thereof. A final map or parcel map shall be prepared by a civil engineer registered by the State or a land surveyor licensed by the State and shall be in substantial compliance with the approved tentative map and in full compliance with the Subdivision Map Act and this Code. If the final map does not include the entire area of the approved tentative map, the subdivider shall obtain from the County Surveyor a suffix number to the tract number or parcel map number appearing on the tentative map.

   Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map; provided, however, the subdivider, at the time the tentative map is filed, shall inform the City of the subdivider’s intention to file multiple final maps on such tentative map. In providing such notice, the subdivider shall be required to define the number and configuration of the proposed multiple final maps which number and configuration shall be subject to the approval of the City. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of such tentative map. The right of the subdivider to file multiple final maps shall not detract from the authority of the City to impose reasonable conditions relating to the filing of multiple final maps.

(Ord. 744-NS, eff. April 17, 1980)

   Final maps and parcel maps shall be clearly and legibly drawn, printed or reproduced by a process ensuring a permanent record in black on tracing cloth or polyester base film. All signatures shall be made in waterproof opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to ensure permanent legibility. The size of each sheet shall be eighteen (18") inches by twenty-six (26") inches. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch. The scale of the map shall be one inch equals forty (40’) feet or one inch equals fifty (50’) feet, and enough sheets shall be used to accomplish this end. With the approval of the City Engineer, the scale used may be modified, particularly where large lots (e.g., twenty thousand (20,000) square feet or greater) are involved, and the clarity of the map is not inferior. A graphical scale not less than three (3") inches in length shall be shown in addition to the numerical scale.

(Ord. 744-NS, eff. April 17, 1980)

   The exterior boundary line of a subdivision shall be shown on final maps and parcel maps as a black ink line that is at least three (3) times the width of any other line on the maps, excluding the one-inch border lines.

(Ord. 744-NS, eff. April 17, 1980)

   The title sheet of a final map shall consist of a title block, as set forth in Section 9-3.917 of this article, and all certificates required by the Subdivision Map Act.

(Ord. 744-NS, eff. April 17, 1980)

   When the final map or parcel map consists of more than two (2) sheets, exclusive of the title sheet, a key map with lot lines at a scale of one inch equals five hundred (500’) feet, showing the relation of the sheets, shall be placed on the first map sheet. Every sheet comprising the map shall bear a sheet number and shall indicate the total number of sheets comprising the map. A location map at a scale of one inch equals one thousand (1,000’) feet, indicating the geographical location of the proposed subdivision and the tract access roads, shall be placed on the first map sheet. With the approval of the City Engineer, the scale of the key map may be modified.

(Ord. 744-NS, eff. April 17, 1980)

   Final maps and parcel maps shall show the bearings and distances of the center line of all streets and the arc length, tangent, radius, and central angle of all curves; the bearings of radial lines to each lot corner on a curve; the total width of each street, the width of the portion offered for dedication, the width of the existing right-of-way, and the width each side of the center line; and flood control or drainage channels and any other easements appearing on the map.

(Ord. 744-NS, eff. April 17, 1980)

   Sufficient data shall be shown to determine readily the bearing and length of each lot line of the final map or parcel map. Each lot or parcel shall be shown entirely on one sheet. Distances and bearings on the side lines of the lot which are cut by an easement shall be so shown to indicate clearly the actual length of the lot or parcel lines. No ditto marks shall be used. No lot in a subdivision shall be divided by the boundary line of a City, County, or special district.

(Ord. 744-NS, eff. April 17, 1980)

   The location on the final map or parcel map of all existing and proposed easements (including, but not limited to, easements for public utilities and television cables) which are to remain after recordation and which are not within streets in the subdivision shall be shown by means of broken lines, together with the name of the vestee, the use of the easement, and the record reference. Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing shall be specifically designated on the map, identifying the apparent dominant tenements.

(Ord. 744-NS, eff. April 17, 1980)

   On lots or parcels of one acre or less, the widths of easements, the lengths and bearings of the lines thereof, and sufficient ties to locate the easements shall be clearly labeled and identified on the final map or parcel map. On lots or parcels greater than one acre in size, only easement widths need be shown. Regardless of lot size, if of record, a statement as to the easements shall appear on the title sheet.

(Ord. 744-NS, eff. April 17, 1980)

   The owner’s certificate on the final map or parcel map or a separate instrument for parcel maps, as set forth in Section 9-3.926 of this article, shall indicate the easements being offered for dedication to public agencies.

(Ord. 744-NS, eff. April 17, 1980)

   All monuments required by the Subdivision Map Act and this Code shall be fully and clearly shown and identified as such on the final map or parcel map, together with sufficient information so that an engineer or surveyor could locate each monument and readily retrace the survey.

(Ord. 744-NS, eff. April 17, 1980)

   Whenever the City Engineer or Council has established a center line of a road, street, or other public right-of-way, the data shall be considered in making the surveys and in preparing the final map or parcel map. All monuments found shall be indicated and proper references made to field or maps of public record relating to the monuments. If the points were by ties, that fact shall be stated.

(Ord. 744-NS, eff. April 17, 1980)

   City boundaries adjoining the subdivision shall be properly designated upon the final map or parcel map.

(Ord. 744-NS, eff. April 17, 1980)

   Any unimproved natural watercourses wholly or partially within the proposed subdivision shall be indicated on the final map or parcel map. The final map or parcel map shall also show areas within the subdivision which are subject to inundation or flood hazard upon the ultimate development of a watershed.

(Ord. 744-NS, eff. April 17, 1980)

   The lots on the final map shall be numbered consecutively commencing with the number “one,” with no omissions or duplications; provided, however, where the subdivision is a continuation of or an addition to an existing subdivision, the lot numbers shall commence with the number immediately following the last or highest lot number of such existing subdivision and in all other respects shall conform with the preceding requirements. The last lot number shall be circled. No gap in lot numbers may be reserved for a future subdivision map. All other areas, other than streets, which are to be offered in whole for dedication on the map or subsequent to the recordation of the map and which do not meet zoning requirements as to size and shape shall be designated as “Parcels” and consecutively numbered or lettered. The parcels on the parcel map shall be designated with consecutive numbers or letters.

(Ord. 744-NS, eff. April 17, 1980)

   The title, showing the tract number or parcel map number, the designation of the latest legal subdivision of which it is a part, together with a reference to the legal record of such subdivision, shall appear on each sheet of the final map or parcel map.

(Ord. 744-NS, eff. April 17, 1980)

   The certificate of the engineer or surveyor responsible for the survey and final map or parcel map, containing the information required by Section 66441 or subsection (a) of Section 66449 of the Subdivision Map Act, shall appear on the title sheet of the final map or parcel map.

(Ord. 744-NS, eff. April 17, 1980)

   The basis of bearings referred to on the final map or parcel map shall be approved by the City Engineer and shall be clearly delineated or identified on the map.

(Ord. 744-NS, eff. April 17, 1980)

   Each sheet of the final map or parcel map and the lettering thereon shall be so oriented that the north point shall be directed toward the top (maximum left to right dimension of material is up) of the street or toward the left of the sheet. The direction of the top of the sheet shall be determined by the orientation of the title block information required pursuant to Section 9-3.917 of this article.

(Ord. 744-NS, eff. April 17, 1980)

   The final map or parcel map shall also contain the following information:

   (a)   The date of preparation, north point, and scale;

   (b)   The locations and names, without abbreviations, of all existing and proposed streets and alleys and adjoining streets;

   (d)   The dimensions of all lots or parcels;

   (e)   The center line data, including the bearings and distances;

   (f)   The radius, tangent, arc, length, and central angle of all curves;

   (g)   The precise location of all permanent monuments;

   (h)   The ties to and names of all adjacent subdivisions;

   (i)   The ties to any City or County boundary lines involved;

   (j)   All required certifications;

   (k)   The area of all lots or parcels, exclusive of areas dedicated to public use, shall be shown to the nearest one-hundredth of an acre;

   (l)   References to maps previously recorded relative to the property;

   (m)    Monuments, shown and identified sufficiently to readily retrace the survey; and

   (n)   The bearings and lengths of each lot line or parcel line, block line, and boundary line; provided, however, if several of such lines are equal, duplication of figures may be eliminated if no ambiguity will result.

(Ord. 744-NS, eff. April 17, 1980)

   All surveys and all drafting in connection with the preparation of tentative maps, final maps. parcel maps, and improvement plans to be submitted pursuant to this chapter shall be done in accordance with the standard practices and principles of drafting and land surveying.

(Ord. 744-NS, eff. April 17, 1980)

   A survey and traverse of the boundaries of the subdivision and all lots and blocks shall close within a limit of error of one (1’) foot in ten thousand (10,000’) feet of perimeter or within an error of closure of two one-hundredths (0.02) foot, whichever is larger.

(Ord. 744-NS, eff. April 17, 1980)

   No map lettering shall be smaller than No. 80CL Leroy or ten-hundredths (0.10) of an inch (0.25 cm) in height, except as specifically approved by the City Engineer.

(Ord. 744-NS, eff. April 17, 1980)

   A parcel map may be compiled from data shown on final maps, records of surveys, and parcel maps only if such filed or recorded maps were based upon field surveys and were recorded within the last fifteen (15) years. Data from a field survey made within the last fifteen (15) years and filed with the County Surveyor may also be used. The fifteen (15) year time limit may be waived by the City Engineer if it is shown that record monumentation exists and that existing angles and distances on the ground measure within the required limits of record angles and distances. Parcel maps compiled from filed or recorded data shall conform to the requirements of the Subdivision Map Act and this Code. All other parcel maps shall be based on a field survey made in conformity with the Land Surveyor’s Act and shall conform to the requirements of the Subdivisions Map Act and this Code.

(Ord. 744-NS, eff. April 17, 1980)

   All dedications or offers of dedication to the City or a governmental agency shall be made by certificate on the final map or parcel map; provided, however, for parcel maps, dedications or offers thereof may be made by separate document recorded prior to or concurrent with the recording of the parcel map.

(Ord. 744-NS, eff. April 17, 1980)

(Ord. 744-NS, eff. April 17, 1980, as repealed by § 2, Ord. 1537-NS, eff. June 25, 2010)

   When a final map or parcel map is submitted to the City Engineer in accordance with Section 9-3.946 of this article, the final map or parcel map shall be accompanied by the documents specified in Sections 9-3.929 through 9-3.939 of this article.

(Ord. 744-NS, eff. April 17, 1980; § 3, Ord. 1637-NS, eff. January 12, 2018)

   The improvement plans required by this chapter, together with such calculations and additional information as will assist the City Engineer to properly check the improvement plans and specifications, shall be submitted with the final map or parcel map. The number of sets of such improvement plans submitted shall be as specified by the City Engineer. In addition, the improvement plans shall also be submitted to the Community Development Director for his review.

(Ord. 744-NS, eff. April 17, 1980)

   All agreements and improvement securities required by the Subdivision Map Act or this Code shall be submitted to the City Engineer with the final map or parcel map.

(Ord. 744-NS, eff. April 17, 1980)

   The County Tax Collector’s certificate on the title sheets of the final map shall be signed and dated with a current date or a current letter signed by the County Tax Collector certifying that 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, and certifying the amount of taxes and assessments which are a lien but which are not yet payable, which certification shall be on the map or submitted with the final map. A date or letter shall be deemed current if the time is no more than ninety (90) days preceding the time the map is submitted for City Engineer approval.

(Ord. 744-NS, eff. April 17, 1980)

   A title report containing the legal description of the lands being subdivided, issued by a title company authorized by the laws of the State to write the same, and a preliminary subdivision guarantee shall be submitted with any final map or parcel map presented to the City Engineer for approval pursuant to Section 9-3.946 of this article. A subdivision guarantee, issued by a title company acceptable to the City and authorized by the laws of the State to write the same, showing the names of all persons having any record title interest in the land to be subdivided, together with the nature of their respective interests therein, shall be submitted with the final map or parcel map at the time of the recordation of the map. Such subdivision guarantee shall be for the benefit and protection of the City in a guaranteed amount approved by the City Engineer covering all lands to be dedicated for public use.

(Ord. 744-NS, eff. April 17, 1980; § 4, Ord. 1637-NS, eff. January 12, 2018)

   Land, easements, or rights-of-way to be dedicated for public use, or the access of land, easements, or rights-of-way to be granted to public agencies, if not granted by the owner’s certificate on the final map or parcel map, shall be granted by separate instrument submitted to the City Engineer prior to the approval of the final or parcel map.

(Ord. 744-NS, eff. April 17, 1980)

   Written evidence of rights-of-entry or permanent casements on or across private property not within the proposed subdivision as may be necessary to allow the performance of the work necessary to improve the subdivision, to allow for the maintenance of the subdivision improvements once completed, to allow for permanent public access to the proposed subdivision, and to allow for and to grant necessary slope rights shall be submitted to the City Engineer with the final map or parcel map.

(Ord. 744-NS, off. April 17, 1980)

   A statement from each operator of the proposed subdivision utility systems and cable television company stating that the easements shown on the final map or parcel map are satisfactory for use by such utility or company for service to the proposed subdivision and that arrangements have been made to convey such easements to the utilities or company which is to use them shall be submitted with the final map or parcel map.

(Ord. 744-NS, eff. April 17, 1980)

   A statement from the entity in whose service area the proposed subdivision is located that wastewater service will be provided to the subdivision, and the conditions, if any, under which it will be provided, and that the portion of the improvement plans containing the design and specifications for wastewater facilities is satisfactory to it shall be submitted with the final map or parcel map.

(Ord. 744-NS, eff. April 17, 1980)

   A statement from the entity in whose service area the proposed subdivision is located that water service will be provided to the subdivision, and the conditions, if any, under which it will be provided, and that the portion of the improvement plans containing the design and specifications for water facilities is satisfactory to it shall be submitted with the final map or parcel map.

(Ord. 744-NS, eff. April 17, 1980)

   The certification of the County Fire Chief and the appropriate water entity that adequate fire protection facilities have been planned for the proposed subdivision and for use by the County Fire Protection District shall be submitted with the final map or parcel map.

(Ord. 744-NS, eff. April 17, 1980)

   Written evidence of such deeds, easements, or rights-of-way not within the proposed subdivision as may be necessary to provide for the acceptance of stormwaters generated by the proposed subdivision shall be submitted with the final map or parcel map.

(Ord. 744-NS, eff. April 17, 1980)

   Except as otherwise provided in this section, all rights-of-way for public streets, pedestrian and bicycle paths and walks shown on the final map or parcel map, and all rights of access to and from residential lots of the proposed subdivision abutting on controlled access roads shall be offered free and clear of any prior easement or right-of-way for dedication. The rights of direct access to and from lots or parcels abutting on controlled access roads and streets or public rights-of-way shall be waived or dedicated. The City Engineer may approve an offer for dedication wherein certain easements remain prior, in whole or part, to the rights-of-way being offered to the City. However, such approval shall be given only when unusual circumstances warrant, and the easements which remain prior do not substantially interfere with the proper use of the rights-of-way being offered to the City.

(Ord. 744-NS, eff. April 17, 1980)

   All park sites to be dedicated in accordance with this Code shall be offered for conveyance to the appropriate public agency not later than the time the final map or parcel map is filed for approval.

(Ord. 744-NS, eff. April 17, 1980)

   All rights-of-way for drainage or flood control purposes required to be provided pursuant to Section 9-3.507 of Article 5 of this chapter shall be offered for dedication to either the City or the County Flood Control District as may be appropriate. All rights-of-way required to be provided by said Section 9-3.507 for flood control channels or conduits or laterals thereto which are included in the Comprehensive Plan of Flood Control Channels, approved by the Board of Supervisors of the County Flood Control District, or the City of Thousand Oaks Master Plan of Storm Drainage shall be of fee simple title; provided, however, an offer of dedication of such rights-of-way may be of easement interest in lieu of fee simple title when unusual circumstances warrant and the Board of Supervisors of the County or the City determines that the offer of dedication of easement interest in lieu of fee simple title will be of greater public benefit to the County Flood Control District or City. All other rights-of-way for drainage of flood control purposes required to be provided by said Section 9-3.507 shall be of easement interest. All rights of way offered pursuant to this section shall be free of all liens, encumbrances, assessments, easements, and leases, except for public utility easements. All rights-of-way of fee simple title shall be shown as Parcel X on the final map or parcel map.

(Ord. 744-NS, eff. April 17, 1980)

   Easements allowing all governmental agencies providing for the public safety, health, and welfare access on all private streets or lanes serving as access for more than two (2) lots shall be offered for dedication to the City not later than the time the final map or parcel map is filed for approval.

(Ord. 744-NS, eff. April 17, 1980)

   All other easements for public use required as a condition for the approval of the tentative map for the proposed subdivision shall be offered for dedication to the City or other appropriate agency not later than the time the final map or parcel map is filed for approval.

(Ord. 744-NS, eff. April 17, 1980)

   The final map or parcel map shall contain a certificate signed by the engineer making the soils report and by the engineering geologist making the geologic report. The certificate shall indicate the dates of all geologic reports known by the geologist to be prepared specifically for the subdivision and shall indicate that the reports are on file in the Public Works Department. The reports containing recommendations approved by the Building Official shall be noted in the certificate.

(Ord. 744-NS, eff. April 17, 1980)

   (a)   Final maps and parcel maps shall be filed with the City Engineer for approval or disapproval. The City Engineer shall notify the Council at its next regular meeting after the City Engineer has determined that the map has been completely and timely filed that the City Engineer is reviewing the map for final approval or disapproval. The City Clerk shall provide notice of any pending approval or disapproval by the City Engineer, which notice shall be attached and posted with the Council’s regular agenda and shall be mailed to interested parties who request notice. The City Engineer, after consultation with the Community Development Director or designee as to the compliance of the final map with the approved tentative map and any conditions attached thereto, shall then approve or disapprove the final map within ten (10) days following the meeting of the Council at which notice of the pending decision was provided by the City Clerk. If the final map is approved, the City Engineer shall execute any improvement agreement and accept any improvement security on behalf of the City only after the exhaustion of any appeal period in subsection (e) below.

   (b)   The City Engineer shall deny the approval of the final map upon making a finding that it does not fully comply with Article 9 of this chapter or does not substantially comply with the approved tentative map or the requirements or conditions which were applicable to the subdivision at the time of the approval of the tentative map; provided, however, disapproval for failure to conform to a tentative map shall be accompanied by written findings identifying the requirements or conditions which have not been met or performed. In the event of a denial, the City Engineer may instruct the subdivider to make the recommended corrections and revise the final map. The City Engineer may approve the resubmitted map if it complies with the requirements of this subsection.

   (c)   Where it appears that the failure of any map to meet any requirement or condition is the result of a technical and inadvertent error which, in the determination of the City Engineer, does not materially affect the validity of the map, the map may be approved.

   (d)   Final maps or parcel maps for condominiums, community apartment projects, and stock cooperative apartment projects shall not be approved unless the City Engineer finds that the notices to the tenants of such proposed projects required by Section 66427.1 of the Subdivision Map Act have been given.

   (e)   The City Engineer’s action under this section may be appealed to the Council within ten (10) calendar days of the date of the action in the same manner that decisions of the Planning Commission are appealed to the Council pursuant to Section 9-3.702(a)(3) of this Code.

   (f)   The Council shall periodically review the delegation of authority to the City Engineer provided by this section.

   (g)   Upon the approval of the final map, and the receipt of the improvement security by the City, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map or have an authorized agent forward the map, in the case of a final map, to the Clerk of the Board of Supervisors of the County for transmittal to the County Recorder and, in the case of a parcel map, directly to the County Recorder.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 3, Ord. 1537-NS, eff. June 25, 2010)

   As a condition of the approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision which are needed for streets or alleys (including the dedication or waiver of access rights and abutters' rights), bicycle paths, local transit facilities as provided by Section 66475.2 of the Subdivision Map Act, drainage, water, wastewater, common areas, open space areas, public service and utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, drainage, common area landscape, water, wastewater, public service and utility easements and other public easements and facilities.

(Ord. 744-NS, eff. April 17, 1980)

   At the time of the approval of the final map, the City Engineer may accept, subject to the improvement, or reject any dedications or offers of dedication that are made by statement on the map. The City Clerk shall certify on the map the action of the City Engineer. Offers of dedication shall be rejected and terminated as provided by Sections 66477.1 and 66477.2 of the Subdivision Map Act.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 4, Ord. 1537-NS, eff. June 25, 2010)

   (a)   Prior to submitting a final map or parcel map of a proposed subdivision for approval pursuant to Section 9-3.946 of Article 9 of this chapter, the subdivider and all owners of land in the subdivision substantially interested in the subdivision shall execute an improvement agreement, in a form approved by the City Attorney, and as prescribed by the City Engineer, whereby the subdivider is bound to construct the improvements which have not been completed and accepted by the City prior to the approval of the final map or parcel map required for the subdivision pursuant to this Code.

   (b)   The improvement agreement shall, at a minimum, contain the following standards and conditions:

   (1)   The furnishing of good and sufficient improvement security as provided for in Article 11 of this chapter.

   (2)   A requirement to maintain the improvements until accepted by the City.

   (3)   A one year guarantee of the improvements after acceptance by the City.

   (4)   Any other conditions required by the Subdivision Map Act or Chapter 3 of Title 9 of this Code.

   (c)   Nothwithstanding the above, construction requirements of parcel maps and on parcels designated as remainders when a subdivision is of a portion of any unit of improved or unimproved land shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the City, unless construction is required pursuant to an agreement between the City and the subdivider, or unless the City Engineer requires construction within a reasonable time following the approval of the parcel map and prior to the issuance of a permit or grant of approval for development upon a finding that construction is necessary for reasons of public health and safety or the orderly development of the surrounding area. The time of the completion of the construction requirements for subdivisions which have multiple final maps may be specified by the City Engineer, including the authority to require the completion of improvements on any of the multiple final maps, regardless of the sequence of the construction of the final maps by the subdivider, where the improvements are desirable to serve the residents of the subdivision being constructed or to accommodate the public generally who will be impacted by the subdivision.

   (d)   The agreement, executed by the subdivider, shall be submitted to the City Engineer, who shall execute the agreement on behalf of the City only after approval of the final map and the exhaustion of any appeal to the City Council provided under Section 9-3.946(e) of this chapter.

   (e)   The City Engineer’s action under this section may be appealed to the Council within ten (10) calendar days of the date of the action in the same manner that decisions of the Planning Commission are appealed to the Council pursuant to Section 9-4.702(a)(3) of this Code. The scope of such appeal shall be limited to conformance with Chapter 3 of the Subdivision Map Act and Chapter 3 of Title 9 of this Code.

   (1)   Revisions of improvement plans to provide for current design and construction standards when required by the City Engineer or Community Development Director;

   (2)   Revised improvement construction estimates to reflect current improvement costs, as approved by the City Engineer;

   (3)   Increase in the amount of improvement securities in accordance with revised construction estimates; and

   (4)   Increase of inspection and plan-check fees to reflect current construction costs or changes in the method of calculation, or both.

   (g)   Upon satisfactory completion of the improvements under the improvement agreement, the City Engineer may accept the improvements on behalf of the City, and in accordance with Streets and Highways Code § 1806(c), may accept streets and roads or portions thereof, into the City street system.

   (h)   Should the subdivider fail to complete the improvements in accordance with the terms and conditions of the improvement agreement, the City Engineer may cause any or all uncompleted improvements to the completed and the subdivider and sureties shall be firmly bound for the payment of all necessary costs incurred by the City.

   (i)   The Council shall periodically review the delegation of authority to the City Engineer provided by this section.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 4, Ord. 1537-NS, eff. June 25, 2010)

(Ord. 744-NS, eff. April 17, 1980, repealed by § 5, Ord. 1537-NS, eff. June 25, 2010)

   All improvements for subdivisions shall be guaranteed by the subdivider following the final acceptance of all improvements of the subdivision. The guarantee shall extend to such replacements and/or repairs as may be required during the guarantee period in excess of routine maintenance for ordinary wear and tear. When final acceptance is made, the guaranteed period shall be in effect for one year thereafter. A guarantee security in an amount of at least ten (10%) percent of the estimated cost of the improvements of the subdivision shall be posted guaranteeing the replacement and/or repair of improvements. The amount of the guaranteed security in no way shall limit the subdivider’s guarantee as required by this section. No improvement security may be exonerated for a subdivision specified by this section until a maintenance guarantee security is posted. The replacements and/or repairs shall be completed within the time specified after notification by the City Engineer of the need for such work or after the approval of any plans and specifications required therefor. An extension for the completion of the work may be granted upon the payment of the required fee prescribed by Council resolution.

(Ord. 744-NS, eff. April 17, 1980)

   The improvement agreement executed pursuant to Section 9-3.1003 of this article shall include provisions for the planting within parkways or public service easements along sidewalks within the subdivision of at least one tree for each lot and two (2) trees for each corner lot in the subdivision. The trees and shrubs proposed to be planted shall be of a type selected from the planting pallets contained in the Forestry Master Plan and approved by the Public Works Director and the Community Development Director or their respective designees. A schematic plan for the proposed tree planting, showing the type and location of the trees, shall be prepared by a California registered landscape architect and shall be submitted to the Public Works Director and the Community Development Director for approval prior to the installation of such trees. The installation of such trees shall be made prior to the occupancy of any development requiring street trees. All or any part of this requirement may be waived if it is determined that the requirement would be unnecessary or unreasonable under the circumstances in any particular case. Such waiver shall be requested at the time of the review of the tentative map.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 13, Ord. 1217-NS, eff. September 27, 1994)

   The subdivider shall prepare plans and specifications for the improvements required for the proposed subdivision pursuant to this Code, the Subdivision Map Act, and any other entity having jurisdiction over the improvements described therein.

(Ord. 744-NS, eff. April 17, 1980)

   The City Engineer, or the engineer for any other entity having jurisdiction over the improvements shown in the improvement plans, and the Community Development Director shall review the plans and, only if they fully comply with the requirements of the Subdivision Map Act, this Code, and the other entity and substantially comply with the tentative map, shall they sign the certificate provided for in Section 9-3.946 of Article 9 of this chapter.

(Ord. 744-NS, eff. April 17, 1980; § 5, Ord. 1637-NS, eff. January 12, 2018)

   The improvement plans shall be printed or drawn clearly and legibly or be reproduced by process which results in a permanent record which will permit direct reproductions. Each sheet shall be twenty-four (24") inches vertically by thirty-six (36") inches horizontally, with a marginal line drawn completely around each sheet, leaving an entirely blank margin of two (2") inches on the left side and one-half (1/2") inch on the other three (3) sides. If the improvement plans include five (5) or more sheets, a key map showing the sheets and the area covered by each sheet of the plan shall be included on the first sheet of the plans. Preprinted standard title cover sheets for the improvement plans obtained from the City Engineer at cost may be used.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 25, Ord. 1250-NS, eff. January 9, 1996)

   The improvement plans shall also include complete grading plans. The grading plans shall contain a title block and shall have a graphical scale in addition to a numerical scale. The grading plans may be submitted initially on sheets larger than twenty-four (24") inches by thirty-six (36") inches. However, if the initial plans are submitted on such larger sheets, after the proposed subdivision has been graded, the grading plans shall be resubmitted on sheets conforming in size and margin requirements to the remainder of the improvement plans. The grading plans resubmitted at the proper size may be a series of twenty-four (24") inches by thirty-six (36") inches photographically reproduced onto a permanent polyester base film, and made with proper overlap and title block from the initially submitted grading plans.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 26, Ord. 1250-NS, eff. January 9, 1996)

   The grading plan portion of the improvement plans shall be legible and drawn to a scale wherein one (1") inch equals forty (40’) feet. A different scale may be used with the approval of the City Engineer. The remaining portions of the improvement plans shall be drawn to such scales as will permit the City Engineer, using good engineering practices to efficiently review the plans and supervise the construction of the improvements and properly inspect the improvements once constructed.

(Ord. 744-NS, eff. April 17, 1980)

   The improvement plans shall be prepared according to good engineering practices and the standards of the City, or other entity having jurisdiction, under the direction of, and shall be signed by, a registered civil engineer licensed by the State. The improvement plans shall show the complete plans, profiles, and details for all the improvements to be placed in a proposed subdivision, including, but not limited to, all street work, drainage channels and structures, all underground utilities to be installed by the subdivider, including all appurtenances thereto located within the right-of-way, retaining walls or other improvements to support cut slopes and embankments, bridges if constructed in conjunction with subdivision improvements, the location of underground utilities not within the right-of-way which may control the location and elevation of storm drains and culverts, the location of fire hydrants, curbs, gutters and sidewalks, fences that may be required, gates, structures, and drainage facilities necessary to control slides, and other improvements which may be required to complete the work.

(Ord. 744-NS, eff. April 17, 1980)

   Subsequent to the signed approval of the subdivision improvement plans by the City Engineer or engineer of any other entity having jurisdiction over any improvements shown in the plan, no change shall be made to such plans without the prior approval of the engineer. All changes approved by the engineer shall comply with the requirements of this Code or the standards of the other entity. Each request for the approval of a change in the improvement plans shall be accompanied by the required fee prescribed by Council resolution.

(Ord. 744-NS, eff. April 17, 1980)

   An estimate of the costs of the improvements for the proposed subdivision shall be prepared by the subdivider and shall accompany the improvement plans at the time they are submitted. The cost estimates shall include a separate item for contingencies in the amount of ten (10%) percent of the estimated actual costs. Upon the consideration of the estimate submitted by the subdivider, the City Engineer shall determine the estimated costs for the improvements of the proposed subdivision.

(Ord. 744-NS, eff. April 17, 1980)

   Except as otherwise provided in this section, the grading of the proposed subdivision and the construction of any improvements thereon shall not begin until the City Engineer has approved the improvement plans or the proposed construction. The City Engineer may approve the initiation of “stage grading” in accordance with the provisions of Section 7-3.06 of Chapter 3 of Title 7 of this Code (Grading) if, in his judgment, the improvement plans and final map are nearly ready for approval.

(Ord. 744-NS, eff. April 17, 1980)

   All streets, sidewalks, curbs, gutters, structures, signs, fences, and barricades within the subdivision shall be installed or improved to the standards specified in the City of Thousand Oaks Road Standards and construction specifications in effect at the time of construction.

(Ord. 744-NS, eff. April 17, 1980)

   Subject to the provisions of Section 9-3.1503 of Article 15 of this chapter, all facilities for drainage required for the proposed subdivision, regardless of location, shall be constructed by the subdivider in accordance with the requirements specified in the City Standards and Specifications in effect at the time of construction.

(Ord. 744-NS, eff. April 17, 1980)

   Except as otherwise provided in this Code, and subject to the provisions of Section 9-3.1503 of Article 15 of this chapter, the wastewater and water supply systems shall be installed by the subdivider in each proposed subdivision and connections thereto made from each lot within the subdivision. The requirement that all lots be connected to sewers or the water supply system may be modified by the Council, upon a request by the subdivider at the time of the approval of the final map, if unusual circumstances warrant. The wastewater system and domestic water supply system shall be constructed in accordance with the requirements specified in the City Design and Construction Standards or the standards of the appropriate wastewater or water service entity in effect at the time of construction.

(Ord. 744-NS, eff. April 17, 1980)

   As a part of the water supply installed in the proposed subdivision, the subdivider shall install water mains, fire hydrants, gated equipment connections, and other fire protection facilities deemed necessary by the County Fire Protection District and the Public Works Director to provide adequate fire protection to the proposed subdivision. The installation shall be in accordance with the requirements specified by the Public Works Director, the County Fire Department regulations, and the City in effect at the time of construction. All fire protection facilities shall be dedicated to the proposed water purveyor upon completion.

   (a)   Water wells shall not be used to satisfy the Fire Department requirements for fire flow for new construction. Fire flow requirements shall only be provided by connection to an existing public water system.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 1, Ord. 1133-NS, eff. February 4, 1992)

   Except as otherwise provided in this Code, all existing and proposed utility facilities, including, but not limited to, electric lines, communication lines, cable television lines, street lighting power supply lines, and appurtenances thereto, shall be placed underground, and all utility facilities, including service laterals, shall be installed in the ground and appropriately pressure tested prior to the paving of streets. The City Engineer may authorize the installation of utility facilities after the street improvements are installed if the installation will not require the reconstruction or repair of the street improvements or if unusual circumstances warrant. All necessary arrangements for the installation of utilities shall be made with the operator of each proposed subdivision utility system pursuant to this section.

   Certain utility appurtenances, including, but not limited to, transformers, pedestal-mounted terminal boxes, meter cabinets, and concealed ducts used in connection with underground facilities which cannot be reasonably placed underground may be placed on the surface of the ground. The request shall be made at the time of the approval of the tentative map. The Planning Commission or Council may grant the request for all or part of a subdivision where, due to physical conditions, it would cause unreasonable hardship.

(Ord. 744-NS, eff. April 17, 1980)

   Street name signs shall be installed by the subdivider at all intersections within the subdivision prior to the occupancy of homes. Traffic control devices and signs shall be installed by the subdivider at all locations within the subdivision specified by the City Engineer. All traffic control devices and signs shall conform to all applicable local laws and regulations. Alternatively, the developer may request the Public Works Director to install the devices and signs and pay the City for the costs thereof.

(Ord. 744-NS, eff. April 17, 1980)

   Barricades conforming to City standards shall be constructed by the subdivider at the ends of all streets abutting undeveloped property adjacent to the proposed subdivision.

(Ord. 744-NS, eff. April 17, 1980)

   All underground pipes and openings encountered during the construction of any improvements in the subdivision shall be removed by the subdivider or sealed by him after consultation with, and in a manner satisfactory to, the City Engineer.

(Ord. 744-NS, eff. April 17, 1980)

   All water wells within the proposed subdivision shall be abandoned by sealing in a manner satisfactory to the Public Works Director and in compliance with applicable City laws or shall be protected from surface and underground pollution in accordance with requirements determined by the Public Works Director pursuant to Chapter 4 of Title 6 of this Code. All water wells not abandoned shall be delineated on the parcel map or final map, and measures satisfactory to the Public Works Director shall be taken to prevent injuries to persons or property by use of appropriate physical barricades and deed restrictions.

(Ord. 744-NS, eff. April 17, 1980)

   (a)   Where determined by the Community Development Director and the City Engineer to be necessary for the public welfare and safety, the subdivider shall construct masonry walls six (6’) feet high, the design of which shall be approved by the Community Development Director.

   (1)   On all lot lines of the subdivision which adjoin drainage channels;

   (2)   Adjacent to all major highway rights-of way, as shown on the Circulation Element or applicable specific plans, which abut or pass through the subdivision;

   (3)   Adjacent to all publicly-owned property; and

   (4)   As required as a condition of approval of the map.

   (b)   If a final map which does not include the entire tentative map area is submitted for approval, all flood control and drainage channels within the tentative map area shall be fenced in accordance with the requirements of subsection (a) of this section with permanent or temporary fencing as approved by the City Engineer. If a temporary fence is constructed, it shall be replaced with the required permanent fence or wall when the land adjacent to the channel is included within the final map.

   (c)   Ornamental wrought iron, heavy landscaping, or other appropriate fencing, or combinations thereof, as approved by the Community Development Department and Public Works Department may be substituted for the masonry walls otherwise required by subsections (1) and (2) of subsection (a) of this section.

   (d)   All walls and fences required pursuant to this section shall be completed prior to the occupancy of buildings within any portion of the development in close proximity of areas requiring such walls and fences.

(Ord. 744-NS, eff. April 17, 1980)

   At the time of the completion of the improvements required pursuant to this Code, and as a condition precedent to the exoneration of the improvement security, the subdivider shall submit two (2) sets of prints and the original tracings of the improvement plans which have been modified to reflect the improvements as built to the City Engineer and shall certify that all improvement work has been constructed in accordance with the requirements of this Code. Any grading plans not originally approved on standard size drawing materials shall be reduced as set forth in Section 9-3.1010 of this article.

(Ord. 744-NS, eff. April 17, 1980)

   As authorized by Section 66462 of the Subdivision Map Act, the City of Thousand Oaks Standards for Roads, Wastewater and Water Facilities, the County Standard Designs for public improvements, the latest revision of the Standard Specifications for Public Works Construction ("Greenbook"), and the American Water Works Association Standards, the Caltrans Standard Specifications, and the CAMUTCD, copies of which are on file with the City Engineer, are hereby adopted by reference, and all subdivision improvements shall be in accordance with the standards and specifications contained therein and such amendments and additions thereto as may be made from time to time by the Council and the City Engineer.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 1, Ord. 1408-NS, eff. July 3, 2003, § 1, Ord. 1521-NS, eff. August 13, 2009, and § 1, Ord. 1647-NS, eff. August 10, 2018)

   Any improvement agreement, contract, or act required or authorized by the Subdivision Map Act, for which security is required by the Subdivision Map Act or this Code, shall be secured in the manner and amounts provided in Sections 66499, et seq, of the Subdivision Map Act and in this Code. Such improvement agreements may be secured by any form of security, including security interests in real property, which security is accepted and approved by the City Attorney.

(Ord. 744-NS, eff. April 17, 1980)

   Improvement security posted for the improvements required for the proposed subdivision shall be for the full amount of the estimated costs of the improvements as determined by the City Engineer pursuant to Section 9-3.1014 of Article 10 of this chapter. In addition, security shall be posted to secure payment by the subdivider to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvement of the proposed subdivision in the full amount of the estimated costs of such materials and services as determined by the City Engineer. Five Hundred and no/100ths ($500.00) Dollars of the required improvement security shall be in the form of a cash deposit with the City. No interest shall be earned on the deposit. Such cash deposit may be used by the City in correcting unsafe or emergency road conditions occasioned by or arising out of the performance of any work in constructing the subdivision improvements, in weed abatement within the subdivision, in periodic street cleaning, or in the removal of trash from within the subdivision. The City may use the cash deposit only if the City is unable, after reasonable attempts, to contact the developer (or his contractor) to perform the required emergency work, weed abatement, or trash removal or if the developer or his contractor refuses to forthwith perform the required work after being informed of its necessity by the City. If any part of the Five Hundred and no/100ths ($500.00) Dollar cash deposit is used by the City, the developer shall be charged for the cost of the required work and shall remit to City, within (10) days after written notice of such expenditures, sufficient cash to bring the deposit to Five Hundred and no/100ths ($500.00) Dollars once more. Any portion of the cash deposit which has not been used by the City at the time the street improvements are accepted into the City roads system shall be returned to the developer. Any improvement security required in addition to the Five Hundred and no/100ths ($500.00) Dollars may be of any type specified in Section 66499 of the Subdivision Map Act.

(Ord. 744-NS, eff. April 17, 1980)

   After the full and faithful performance of the improvement agreement by the subdivider, acceptance of the public improvements by the City Engineer, and the posting of the guarantee security pursuant to Section 9-3.1005 of Article 10 of this chapter, the City Engineer shall exonerate all improvement security posted to secure the execution of the agreement. The City Engineer may accept a cash deposit or a certificate of deposit necessary to accomplish the required performance in lieu of all or part of such performance when he finds it is reasonable and necessary under all of the circumstances. Upon a request of the subdivider, the City Engineer, in his discretion, may reduce the amount of the improvement security by partial exoneration in an amount not exceeding ninety (90%) percent of the total estimated costs of the improvements of the subdivision when a corresponding percentage amount of improvements has been fully completed to the satisfaction of the City Engineer. However, under no circumstances shall such partial exoneration constitute acceptance of the improvements upon which such partial exoneration is granted.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 6, Ord. 1537-NS, eff. June 25, 2010)

   Property previously subdivided by final map may be reverted to acreage by final map, and property previously subdivided and consisting of four (4) or less contiguous parcels under the same ownership may be reverted to acreage by parcel map, pursuant to the provisions of the Subdivision Map Act and of this article. The parcel map procedures, including the waiver of parcel map procedures as set forth in Section 9-3.302 of Article 3 of this chapter, shall also be used to eliminate lot lines in situations where adjoining lots have merged by virtue of Section 9-3.1210 of this article.

(Ord. 744-NS, eff. April 17, 1980)

   Proceedings to revert subdivider property to acreage may be initiated by a petition of all of the owners of record of the real property within the subdivision. The petition shall be in a form prescribed by the Community Development Department and shall contain the following information:

   (a)   Adequate evidence of title to the real property within the subdivision;

   (b)   Sufficient data to make all of the determinations and findings required by this article;

   (c)   A final map or parcel map which delineates dedications which will not be vacated and dedications which are a condition to reversion; and

   (d)   Such other pertinent information as may be required by the Community Development Department.

(Ord. 744-NS, eff. April 17, 1980)

   The Council on its own motion, by resolution, may initiate proceedings to revert subdivision property acreage. The resolution shall direct the Community Development Department to obtain all the information necessary to accomplish the proposed reversion.

(Ord. 744-NS, eff. April 17, 1980)

   Petitioners for reversions to acreage shall file the following:

   (a)   Evidence of title to the real property; and

   (b)   Evidence of the consent of all of the owners of any interest in the property; or

   (c)   Evidence that none of the improvements required to be made have been made within two (2) years after the date the final map or parcel map was filed for record, or within the time allowed by agreement for the completion of the improvements, whichever is later; or

   (d)   Evidence that no lots shown on the final map or parcel map have been sold within five (5) years after the date such final map was filed for record; and

   (e)   A tentative map in a form prescribed by the Council; or

   (f)   A final map or parcel map in a form prescribed by the Council which map delineates dedications which will not be vacated and dedications which will be required as a condition or reversion.

(Ord. 744-NS, eff. April 17, 1980)

   Petitions to revert property to acreage shall be accompanied by the required fees prescribed by Council resolution. If the proceedings are initiated pursuant to Section 9-3.1203 of this article, the persons who request the Council to initiate the proceedings shall pay the required fees.

(Ord. 744-NS, eff. April 17, 1980)

   (a)   For reversions to acreage required to be processed by a final map, a public hearing shall be held by the City Council. Notice of the public hearing shall be given in the manner required by Chapter 12 of this title.

   (1)   The Council may approved a reversion to acreage only if the Council finds that:

   (i)   Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

   (ii)   Either:

   (aa)    All owners of an interest in the real property within the subdivision have consented to the reversion; or

   (ab)    None of the improvements required to be made have been made within two (2) years after the date the final map or parcel map was filed for record or within the time allowed by agreement for the completion of the improvements, whichever is later; or

   (ac)    No lots shown on the final map or parcel map have been sold within five (5) years after the date such map was filed for record.

   (2)   The Council may require as conditions of the reversion:

   (i)   That the property owners dedicate or offer to dedicate streets or other public easements as required and permitted by this Code or the Subdivision Map Act; and

   (ii)   That all or a portion of the previously paid subdivision fees, deposits, or improvement securities be retained if they are necessary to accomplish any of the provisions of this Code.

   (b)   Reversions to acreage permitted to be processed by parcel map shall be heard by the Planning Commission pursuant to subsection (a) of Section 9-3.702 of Article 7 of this chapter. The provisions of subsections (1) and (2) of subsection (a) of this section shall govern Planning Commission actions. Waivers of parcel maps shall be processed pursuant to subsection (b) of said Section 9-3.702.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 9, Ord. 1178-NS, eff. April 27, 1993)

   After the hearing before the Council or Planning Commission, the final map or parcel map for reversion shall be delivered to the City Engineer for review pursuant to Section 9-3.946 of Article 9 of this chapter and, after approval by the City Engineer, shall be delivered to the County Recorder for recordation. The final map or parcel map for reversion shall contain a certificate signed and acknowledged by all parties having any record title interest therein consenting to such final map or parcel map except as provided by State Government Code Section 66436 or 66499.20 1/4.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 27, Ord. 1250-NS, eff. January 9, 1996, as amended by part 22, Ord. 1437-NS, eff. July 7, 2005; § 5, Ord. 1637-NS, eff. January 12, 2018)

   Reversions shall be effective upon the final map or parcel map for reversion being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map or parcel map for reversion shall be of no further force and effect.

(Ord. 744-NS, eff. April 17, 1980)

   Except as otherwise provided in this chapter or in Section 66499.19 of the Subdivision Map Act, upon the filing of the final map or parcel map for reversion by the County Recorder, all original fees and deposits designated for refund by the Council shall be returned, and all original improvement securities shall be released. No interest shall accrue on behalf of depositors of cash placed with the City.

(Ord. 744-NS, eff. April 17, 1980)

   The City of Thousand Oaks may, as provided by Section 66451.11 of the Subdivision Map Act, provide for the merger of a parcel or unit with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform the standards for minimum parcel size, under the zoning ordinance of the City of Thousand Oaks applicable to the parcels or units of land and if all of the following requirements are satisfied:

   (a)   At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

   (b)   With respect to any affected parcel, one or more of the following conditions exists:

   (2)   Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

   (3)   Does not meet current standards for sewage disposal and domestic water supply.

   (4)   Does not meet slope stability standards.

   (5)   Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

   (6)   Its development would create health or safety hazards.

   (7)   Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

   (c)   For purpose of determining whether contiguous parcels are held for the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.

   (d)   This subdivision shall not apply if one of the following conditions exist:

   (1)   On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.

   (2)   On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in California Government Code subdivision (f) of Section 51104, or is land devoted to an agricultural use as defined in California Government Code subdivision (b) of Section 51201.

   (3)   On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand (2,000) feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency.

   (4)   On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand (2,000) feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency.

   (e)   For purposes of paragraphs (c) and (d) of this subdivision, “mineral resource extraction” means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells, or other similar commercial mining activity.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 1, Ord. 974-NS, eff. September 8, 1987, as amended by part 23, Ord. 1437-NS, eff. July 7, 2005)

   A merger of parcels becomes effective when the City of Thousand Oaks causes to be filed for record with the recorder of the county in which the real property is located, a notice of merger specifying the names of the record owner and particularly describing the real property.

(§ 1, Ord. 974-NS, eff. September 8, 1987)

   Prior to recording a notice of merger the City of Thousand Oaks shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in Section 9-3.1210 and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the recorder of the county in which the real property is located on the date that notice is mailed to the property owner.

(§ 1, Ord. 974-NS, eff. September 8, 1987)

   At any time within thirty (30) days after recording of the notice of intention to determine status, the owner of the affected property may file with the City of Thousand Oaks a request for hearing on determination of status.

(§ 1, Ord. 974-NS, eff. September 8, 1987)

   Upon receiving a request for hearing on determination of status from the owner of the affected property pursuant to Section 9-3.1213, the City of Thousand Oaks shall fix a time, date, and place for a hearing to be conducted by the Planning Commission, and shall notify the property owner of the time, date and place for the hearing by certified mail. The hearing shall be conducted no more than sixty (60) days following the City’s receipt of the property owner’s request for the hearing, but may be postponed or continued with the mutual consent of the City and the property owner.

(§ 1, Ord. 974-NS, eff. September 8, 1987)

   (a)   At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in Section 9-3.1210.

   (b)   At the conclusion of the hearing, the City shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 9-3.1210 of the Thousand Oaks Municipal Code. A determination of merger shall be recorded within thirty (30) days after conclusion of the hearing.

(§ 1, Ord. 974-NS, eff. September 8, 1987)

   If, within the thirty (30) day period specified in Section 9-3.1213, the owner does not file a request for a hearing in accordance with Section 9-3.1214 and Section 9-3.1215, the City may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 9-3.1211 no later than ninety (90) days following the mailing of the notice required by Section 9-3.1214.

(§ 1, Ord. 974-NS, eff. September 8, 1987)

   Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by this chapter. The filing of the final map or parcel map shall constitute the legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this chapter pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of the resubdivision. Any streets or easements to be left in effect after the resubdivision shall be adequately delineated on the map. After the approval of the merger and the resubdivision, the map shall be delivered to the County Recorder. The filing of the map shall consist of the legal merger and the resubdivision of the land affected thereby and shall also consist of the abandonment of all street and easements not shown on the map.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 1, Ord. 974-NS, eff. September 8, 1987)

   (a)   Intent and Purpose. Concurrent Processing with Discretionary Projects. The purpose of this Article is to establish ministerial procedures for processing voluntary merger applications to merge contiguous lots under common ownership into a single lot as authorized by California Government Code Section 66499.20.3. The approval of voluntary merger applications and subsequent review and approval of the certificate of merger and deeds are ministerial acts not subject to CEQA. In instances where a voluntary merger is requested in conjunction with a project involving an application for a development permit or other discretionary City land use approval involving some or all of the property subject to the voluntary merger, the voluntary merger application shall be processed concurrently with the application for the discretionary land use approval, including for purposes of evaluating the project’s potential environmental effects. Notwithstanding the foregoing, the City’s approval of a voluntary merger is, in and of itself, a ministerial act.

   (b)   Application. Applications for the approval of a Voluntary Merger shall be filed with the Community Development Department. No application shall be accepted for filing and processing if there is an open investigation pertaining to a documented violation of the TOMC on the subject lot(s) unless:

      (1)   The acceptance of the application is necessary to abate the existing violation and otherwise conforms to the requirements of this Chapter;

      (2)   Contains in a full, true, and correct manner, the required information prescribed by the forms supplied by the Community Development Department; and

      (3)   Is accompanied by the appropriate fees.

   (c)   Filing and Processing Requirements.

      (1)   The application for a Voluntary Merger shall be processed by the Community Development Department if all information and documents requested in the application, including each item listed below in Section 9-3.1218(c)(1)(i) through (c)(1)(vii), are submitted and concurrently reviewed to the satisfaction of the Community Development Department until deemed complete.

         (i)   A deposit of the required fees pursuant to the City's Fee Schedule to process and record a certificate of voluntary merger.

         (ii)   A current preliminary title report showing all parties with a legal or equitable interest in the lots and all easements, covenants, and other encumbrances and interests in the affected lots at the time of the filing of the application for the voluntary merger.

         (iii)   All parties having any record title interest in the lots subject to the voluntary merger application have consented in writing to the voluntary merger subject to the exceptions set forth in Government Code Section 66436.

         (iv)   If any of the existing lots are developed, a site plan prepared by the project surveyor that depicts the location of any buildings or structures with a notation of setback distances from the resulting adjusted lot lines.

         (v)   Documentation, as required by the Community Development Department, to establish that each of the lots that are subject to the voluntary merger are legal lots. The applicant is encouraged to consult with the Community Development Department prior to submitting a voluntary merger application that involves illegally created lots to confirm compliance with Section 9-3.1218(g)(1)(2)(11).

         (vi)   Legal description and map, prepared by a person authorized to practice land surveying or land surveyor, of the new boundaries of the merged lot as adjusted by the voluntary merger. The map shall also include: (i) the boundaries of each of the existing lots at the time of application; and (ii) a north arrow and the bearings and distances for the merged lot lines. A record of survey may be voluntarily submitted as a substitute for a map.

         (vii)   Draft certificate of voluntary merger (see Section 9-3.1218(k) below) and deed(s) reflecting the adjusted property boundaries.

      (2)   Unless otherwise specified in this Article, the voluntary merger application shall be processed ministerially without a public notice or hearing.

   (d)   Community Development Department and City Engineer Review.

      (1)   The Community Development Department and City Engineer shall review the voluntary merger application. If additional information is needed, the applicant shall provide the documents and information requested by the Community Development Department and City Engineer in order to deem the application complete. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons therefor and informed of the information needed to make the application complete.

      (2)   The City Engineer or designee shall determine whether the documents required to effectuate the Voluntary Merger are technically correct, including the legal description and map. When the City Engineer or designee is satisfied that the documents to be recorded to complete the voluntary merger are technically correct, the City Engineer shall transmit the documents to the Community Development Department for recordation with the Office of the County Recorder upon final approval of the application by the advisory agency pursuant to Section 9-3.1218(j) of this Chapter.

   (e)   Termination of Incomplete Application. An incomplete voluntary merger application may be terminated in the same manner for terminating an incomplete land use permit application as set forth in Section 9-4.2817(a)(1), and (a)(2) "Applications incomplete for processing.”

   (f)   Designated Advisory Agency. The Community Development Director or designee is the designated advisory agency for ministerial voluntary merger applications under this Article.

   (g)   Standards for Approval. The Community Development Director, in consultation with the City Engineer, shall approve or conditionally approve a voluntary lot merger without public notice or hearing if, on the basis of the complete application that demonstrates the following:

      (1)   Each of the lots to be merged are legal lots. However, a legal lot that was illegally subdivided thus creating two or more illegal lots may be merged back into its original configuration as the legal lot existed prior to the illegal subdivision so long as the other criteria of approval set forth in this section are met;

      (2)   If one or more involved parcels is subject to a conditional certificate of compliance, the conditions of development must be fully satisfied by the merger. Notwithstanding the foregoing, if a condition of development that would not be satisfied relates to minimum parcel size, the merger shall be approved with the condition that the deed or deeds recorded to effectuate the merger contain an express statement that the resulting parcel remains subject to the conditional certificate of compliance, whose recording information shall be noted on the deed or deeds;

      (3)   The lots to be merged are contiguous to each other;

      (4)   The lots to be merged are under the same ownership;

      (5)   If there are any liens or deeds of trust, they shall encumber the entire merged lot. There cannot be any liens or deeds of trust encumbering only a portion of the merged lot;

      (6)   The voluntary merger will not adversely affect existing easements of record on any of the lots or any conditions of approval, dedications, offers to dedicate, or security arising from a previously recorded map that created any of the lots subject to the voluntary merger application;

      (7)   The lot merger shall not impair existing easements, or it shall include the relocation of existing easements, utilities, or infrastructure serving adjacent lots, parcels, or public lands and streets;

      (8)   The lot merger shall not impair existing access or create a need for access to adjacent lots or parcels;

      (9)   The lot merger will not alter the exterior boundary of the lots to be merged;

      (10)   The City Engineer or designee has approved the legal description as accurately representing the exterior boundaries of the resulting merged lot;

      (11)   The voluntary merger will not render any existing conforming structures or existing conforming uses on any of the involved lots to become a nonconforming structure or use. Existing legal nonconforming structures or uses on any of the lots subject to the application are not grounds to deny the voluntary merger; and

      (12)   The deed or deeds submitted to the Community Development to effectuate the merger shall contain an express statement of the grantor(s), pursuant to section 1093 of the California Civil Code, that the intent of the grantor(s) and the purpose of the deed(s) is to merge all of the property described in the deed(s) into a single lot.

   (h)   Conditional Approval:

      (1)   The only conditions the Advisory Agency may impose on the approval of a voluntary merger are those required:

         (i)   Conform the merged lot to all objective standards and requirements of the General Plan, Zoning Ordinances and City of Thousand Oaks Improvement Standards and Specifications; and

         (ii)   Facilitate the relocation of existing utilities, infrastructure, or easements.

      (2)   If the voluntary merger application is conditionally approved, the advisory agency shall send a letter of conditional approval notifying the applicant of the conditions to be fulfilled prior to recordation of the voluntary merger. If the conditions are not fulfilled within one year of the date of the letter, the voluntary merger shall expire and become null and void unless the applicant obtains a written extension from the Advisory Agency pursuant to Section 9-9-3.1218(i), "Extension of Conditional Approval" of this Chapter.

      (3)   A conditionally approved voluntary merger shall be deemed ready for recordation when the advisory agency determines that the conditions have been fulfilled and is in receipt of the following:

         (i)   An up-to-date preliminary title report;

         (ii)   The voluntary merger documents approved by the City Engineer (e.g., legal description and a map); and

         (iii)   All deeds prepared for recordation as approved by the Community Development Director pursuant to Section 9-3.1218(c)(1)(vii) of this Chapter.

      (4)   Upon receipt of the documents required by Section 9-3.1218(h)(3) above, the Advisory Agency shall cause each of the Community Development Director-approved voluntary merger documents and deeds to be recorded in the Office of the County Recorder.

         (i)   Extension of Conditional Approval. Prior to the expiration of the conditional approval of the voluntary merger application pursuant to Section 9-3.1218(h)(2) above, the Advisory Agency may grant one extension of up to six (6) months if the applicant demonstrates good cause.

         (ii)   Certificate of Voluntary Merger. The recordation of a Certificate of Voluntary Merger and the deed(s) shall effectuate the voluntary merger of the separate lots into a single lot for the purposes of the Subdivision Map Act and this Chapter, and the lots shall thereafter be treated in all respects as a single lot. The Certificate of Voluntary Merger shall constitute a Certificate of Compliance for the merged lot.

         (iii)   Certificate of Voluntary Merger Requirements. A Certificate of Voluntary Merger shall include all the following:

      (5)   All parties having any record title interest in the merged lot shall execute the Certificate of Voluntary Merger before a Notary Public and submit it to the Community Development Department, excepting all those interests that are excepted pursuant to the provisions of Government Code Section 66436. The Community Development Director shall also execute the Certificate of Voluntary Merger, but the signature need not be notarized.

      (6)   The Certificate of Voluntary Merger shall include an express written statement that the consolidation of the legal descriptions of the lots is intended by the owner(s) to merge those lots into a single lot as set forth in the legal description of the merged lot.

      (7)   Either: (a) The deed or deeds that comprise the ownership interests of each lot subject to the voluntary merger shall be attached to the certificate of voluntary merger, or (b) the recorder number of each deed to each lot subject to the Voluntary Merger shall be referenced in the Certificate of Voluntary Merger.

      (8)   The legal description of the merged lot approved by the City Engineer shall be attached to the Certificate of Voluntary Merger.

(§ 1, Ord. 1734-NS, eff. January 10, 2025)

   At the time of making the survey of the final map or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 66495 of the Subdivision Map Act so that another engineer or surveyor may readily retrace the survey. One exterior boundary line of the land being subdivided shall be monumented or referenced before the map is recorded. The remaining monuments shall be set within one year following the recordation of the subdivision. The monuments shall be set as follows:

   (a)   Exterior boundary monuments shall be set at or near each boundary corner and at intermediate points approximately one thousand (1,000’) feet apart or at such lesser distances as may be necessary by topography to ensure accuracy in the reestablishment of any point or line without unreasonable difficulty.

   (b)   Center line monuments shall be set to mark the intersections of all public and private roads, streets, alleys, or ways. Center tine monuments shall also be set to mark either the beginning and ending of curves or the points of intersection of tangents thereof.

   (c)   Corner monuments shall be set at or near each lot corner, except that the City Engineer may waive certain corner monumenting where standard monumenting would not be feasible or beneficial in retracing a survey.

(Ord. 744-NS, eff. April 17, 1980)

   All exterior boundary monuments set shall be of new galvanized iron pipe not less than one and one-half (1-1/2") inches inside diameter and eighteen (18") inches long. All lot corner monuments shall be new galvanized iron pipe not less than one-half (1/2") inch inside diameter and fifteen (15") inches long, a cross (+) cut in concrete, a lead and tack, or steel pin. Center line monuments shall be of new galvanized iron pipe not less than one and one-half (1-1/2") inches inside diameter and fifteen (15") inches long. At locations designated by the City Engineer, not exceeding four (4) per one hundred (100) lots or fraction thereof, monuments constructed to the requirements of the County Improvement Standards and Specifications shall be placed in lieu of monuments constructed to the standards otherwise specified in this section. The subdivider shall also provide proper ties to the location of the center line monuments, and such ties shall be shown on a tie sheet of a form approved by the City Engineer. A minimum of three (3) such ties shall be required for each monument. All monuments set shall be permanently marked or tagged with the engineer's or surveyor's registration number.

(Ord. 744-NS, eff. April 17, 1980)

   If the monuments are to be set following the submission of the final map or parcel map to the City Engineer for his certificate a bond meeting the requirements set forth in Sections 66441 and 66495 through 66498 of the Subdivision Map Act shall be filed. In determining the amount of the bond, the City Engineer shall make the necessary estimate of the cost to set monuments not already existing.

(Ord. 744-NS, eff. April 17, 1980)

   Within five (5) days after the final setting of all monuments, the surveyor or engineer shall give written notice to the subdivider and to the City Engineer that the final monuments have been set.

   Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the Council evidence of payment to and receipt by the engineer or surveyor.

(Ord. 744-NS, eff. April 17, 1980)

   No map filed pursuant to the provisions of this Code, except preliminary maps filed pursuant to Section 9-3.501 of Article 5 of this chapter, shall be approved until an environmental impact evaluation is prepared, processed, and considered in accordance with the provisions of the California Environmental Quality Act of 1970 (Public Resources Code, Sections 21000, et seq). The subdivider shall provide such data and information and deposit and pay such fees as may be required to reimburse the City for costs for the preparation and/or processing of environmental review documents as specified by Council resolution.

(Ord. 744-NS, eff. April 17, 1980)

   Every map approved pursuant to this Code shall comply with the requirements for grading and erosion control, including the prevention of sedimentation or damages to off-site property, as set forth in the City of Thousand Oaks Development Standards, Chapter 3 of Title 7 of this Code, and the Land Development Manual.

(Ord. 744-NS, eff. April 17, 1980)

   As a condition of the approval of the final map or parcel map or as a condition of the issuance of a building permit, the subdivider may be required to pay fees or other considerations in lieu thereof pursuant to this section and Section 66484 of the Subdivision Map Act in order to defray the actual or estimated costs of constructing such bridges over waterways, freeways, and canyons and for constructing such major thoroughfares, including any necessary signalization, as may be identified as necessary in the transportation of flood control or other provisions of the Circulation Element and other elements of the General Plan of the City or applicable Specific Plans.

(Ord. 744-NS, eff. April 17, 1980)

   As a condition of the approval of any subdivision, the tentative map of which is filed subsequent to the adoption of a Specific Plan or a General Plan Community Facilities Element, a General Plan Recreation and Parks Element, or a General Plan Public Building Element containing definite principles and standards regarding the determination of the need for and location of public uses of land, the subdivider may be required to reserve areas of real property within the subdivision for schools, parks, recreational facilities, open space, fire stations, libraries, or other public uses pursuant to the provisions and subject to the powers and obligations set forth in Sections 66479, et seq, of the Subdivision Map Act. Nothing in this section shall be construed to limit the authority of the City to levy fees pursuant to this Code, including, but not limited to, Section 9-3.1504 of this article.

(Ord. 744-NS, eff. April 17, 1980)

   As a condition of the approval of any subdivision, the tentative map of which is filed no sooner than thirty (30) days after the adoption of any applicable drainage or wastewater plan for a particular drainage or wastewater area, the subdivider may be required to pay fees or considerations in lieu thereof for the purpose of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and stormwaters from local or neighborhood drainage areas and of constructing planned wastewater facilities for local wastewater areas pursuant to the provisions of, and subject to the conditions, powers, and obligations set forth in Section 66483 of the Subdivision Map Act.

(Ord. 744-NS, eff. April 17, 1980)

   As a condition of the approval of any map, the subdivider may be required to construct improvements or to pay fees or other considerations in lieu thereof in order to resolve or mitigate problems identified in environmental impact review documents or to comply with the requirements of the General Plan and Specific Plans of the City and laws and standards adopted pursuant thereto.

(Ord. 744-NS, eff. April 17, 1980)

   (a)   The subdivider may be 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 and thereafter to dedicate such improvements to the public.

   (b)   The City or appropriate entity shall enter into an agreement for reimbursement to the subdivider of the costs of the supplement capacity, size, or number. However, the subdivider shall be reimbursed only for that portion of the costs of such improvements equal to the difference between the amount it would cost the subdivider to install improvements to serve the subdivision only and the actual costs of oversized improvements.

   (c)   To pay the costs of such a reimbursement, the Council, at its discretion, may:

   (1)   Immediately reimburse the subdivider for the entire cost of oversizing and thereafter levy a charge upon the real property benefitted thereby; or

   (2)   Collect a reasonable use charge for the account of the subdividers from persons not within the subdivision using the oversized improvements; or

   (3)   Establish and maintain local benefit districts for the levy and collection of the charge attributable to the property benefitted by the supplemental capacity.

   (d)   If the City has adopted a local drainage or wastewater plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this chapter, the City may impose a reasonable charge on property within the area benefitted and may provide for the collection of such charge as set forth in this chapter. The City may enter into reimbursement agreements with a subdivider who constructs such facilities, bridges, or thoroughfares, and the charges collected by the City therefor may be utilized to reimburse the subdivider as set forth in this section.

(Ord. 744-NS, eff. April 17, 1980)

   The requirements and provisions of Chapter 8 of Title 9 of this Code shall be applied to maps processed under this chapter.

(Ord. 744-NS, eff. April 17, 1980)

   The Council does hereby find, determine, and declare as follows:

   (a)   In 1965, the Legislature of the State amended the Subdivision Map Act (formerly Sections 11500, et seq., of the Business and Professions Code of the State) to enable counties to require either the dedication of land, the payment of fees, or a combination of both for park or recreational purposes as a condition of the approval of a subdivision map; and

   (b)   In 1972, the Legislature of the State amended the Subdivision Map Act (formerly Section 11596 of the Business and Professions Code of the State), to enable cities and counties to also require either the dedication of land, the payment of fees, or a combination of both for park or recreational purposes as a condition of the approval of a parcel map for a division of land not a subdivision; and

   (c)   Before a city or county may avail itself of said Act, it shall have a General Plan containing a recreational element with definite principles and standards for park and recreational facilities to serve the residents of the city or county; and

   (d)   The Council has amended the General Plan of the City to include such recreational element; and

   (e)   The revised Subdivision Map Act continues the earlier substantive provision as Section 66477 of the Government Code of the State.

(Ord. 744-NS, eff. April 17, 1980, as amended by part 24, Ord. 1437-NS, eff. July 7, 2005)

   Every subdivider who subdivides land requiring either a final map or a parcel map shall dedicate a portion of such land, pay a fee, or do both, as set forth in this article, for the purpose of providing park and recreational facilities to serve the future residents of such divided property.

(Ord. 744-NS, eff. April 17, 1980)

   The provisions of this article shall apply to all subdivisions, as that term is defined in Section 66424 of the Government Code of the State, and to time extensions with regard to any map; provided, however, the provisions of this article shall not apply to industrial subdivisions or to condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added (see paragraph (d)of Section 66477 of the Government Code of the State). Furthermore, the provisions of this article shall only apply to a subdivision not requiring a final map if the subdivision is to be made by or on behalf of a person engaged in the business of developing and selling real estate as distinguished from a private owner making an occasional sale. A person shall not be deemed to be engaged in the developing and selling of real estate if he has made no more than four (4) sales in either of the last two (2) preceding years. Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this article; provided, however, a condition may be placed on the approval of the parcel map for such a division of land to the effect that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within two (2) years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. (See subsection(a)(8) of Section 66477 of the Government Code of the State.)

(Ord. 744-NS, eff. April 17, 1980, as amended by part 25, Ord. 1437-NS, eff. July 7, 2005)

   It is hereby found and determined:

   (a)   That the public interest, convenience, health, welfare, and safety require that the following acreage for each 1,000 persons residing within the City be devoted to park and recreational purposes:

   (1)   Five (5) acres of neighborhood park lands;

   (2)   Two (2) acres of playfields; and

   (3)   Two (2) acres of community park lands;

   (b)   That one-half (1/2) of such requirements will be satisfied in part by the City, the Conejo Recreation and Park District, and local school districts; and

   (c)   That the remaining one-half (1/2) of such requirements amounting to two and one-half (2-1/2) acres of neighborhood park lands, one acre of playfields, and one acre of community park lands shall be supplied by subdividers under the requirements of this article.

(Ord. 744-NS, eff. April 17, 1980)

   Population density, for the purposes of this article, shall be determined in accordance with the following standards, to wit:

   (a)   Single-family detached dwellings = 3.8 persons per dwelling unit;

   (b)   Single-family attached dwellings less than, or equal to, seven (7) units per net acre density = 2.8 persons per dwelling unit;

   (d)   Apartments = 2.0 persons per dwelling unit; and

   (e)   Mobile homes = 1.75 persons per dwelling unit.

   The basis for determining the total number of dwelling units shall be the number of such units permitted by the City on the property included in the subdivision at the time the tentative subdivision tract map or parcel map is approved by the City.

(Ord. 744-NS, eff. April 17, 1980)

   The amount of land to be dedicated by a subdivider pursuant to this article shall be based on the following formula:

   (a)   A = 4.5 (D.F. ( D.U.)

   1000

   (b)   Definitions of terms:

   (1)   A shall mean the area in acres required to be dedicated as park sites or to be approved for a fee payment in lieu of dedication.

   (2)   D.F. shall mean the density factor obtained from Section 9-3.1606 of this article as applicable to the proposed development.

   (3)   D.U. shall mean the number of dwelling units in the subdivision.

   (4)   4.5 shall mean the number of acres per one thousand (1,000) persons to be provided by the developer.

   (5)   1,000 shall mean the number of persons.

(Ord. 744-NS, eff. April 17, 1980)

   Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to the provisions of Section 9-3.1607 of this article. The amount of such fee shall be a sum equal to the fair market value of the amount of land, including full street improvements, either dedicated or to be maintained by a property owner, that would otherwise be required to be dedicated pursuant to the provisions of Section 9-3.1607 of this article. The fee shall be calculated by multiplying “A,” as derived from said Section 9-3.1607, by the fair market value per acre and including the actual cost for the full street improvements; however, where a subdivision includes a Primary or controlled access Secondary Highway as designated on the Circulation Element of the General Plan, the land area and actual costs for street improvements in excess of the design standards for a collector street shall not be included in such fee calculation.

   The fair market value shall be determined prior to the approval of the final map or parcel map in accordance with the following:

   (a)   The fair market value shall be determined by the application of accepted assessment practices, and the initial determination may be based upon the current assessed value, modified equal to market value, in accordance with the standards established by the current practices of the County Assessor; or

   (b)   If either the City, the Conejo Parks and Recreation District, or the developer objects to such evaluation, either party, at the developer’s expense, may obtain an appraisal of the property by a neutral qualified real estate appraiser approved by the City, which appraisal shall be considered in addition to the provision of subsection (a) of this section by the Council in reaching its decision as to fair market value; or

   (c)    The City, Conejo Parks and Recreational District, and the developer may agree to the fair market value.

(Ord. 744-NS, eff. April 17, 1980)

   Where private open space for park and recreation purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the property, such areas may be credited against the requirement of dedication for park and recreation purposes, as set forth in Section 9-3.1607 of this article, or the payment of fees in lieu thereof, as set forth in Section 9-3.1608 of this article, provided the Planning Commission finds it is in the public interests to do so and the following standards are met:

   (a)   That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building provisions of this Code shall not be included in the computation of such private open spaces; and

   (b)   That the private ownership and maintenance of the open space is adequately provided for by written agreement; and

   (c)   That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the Planning Commission; and

   (d)   That the proposed private open space is reasonably adaptable for the use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and the location of the private open space land, and

   (e)   That the facilities proposed for the open space are in substantial accordance with the provisions of the Recreation Element of the General Plan and are approved by the Planning Commission.

   The Council, upon a recommendation by the Planning Commission, may adopt more specific guidelines and standards to be utilized in determining the actual percentage of credit that may be given for private park and recreational facilities in any proposed subdivision. Such guidelines and standards shall be adopted as a resolution by the Council, upon a recommendation by the Planning Commission, only after a public hearing, noticed and conducted in the manner required for zone changes, in accordance with the provisions of Article 29 of Chapter 4 of this title.

(Ord. 744-NS, eff. April 17, 1980)

   (a)   Procedure. The procedure for determining whether the subdivider shall dedicate land, pay a fee, or both shall be as follows:

   (1)   Determination by the subdivider. At the time of filing a tentative tract map for approval, the owner of the property, as a part of the filing, shall indicate whether he desires to dedicate property for park and recreational purposes or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for such purposes, he shall designate the area thereof on the tentative tract map as submitted.

   (2)   Action of the City. At the time of the tentative tract map approval, the Planning Commission, upon the advice of the Conejo Recreation and Park District, shall determine as a part of such approval, whether to require a dedication of land within the subdivision, the payment of a fee in lieu thereof, or a combination of both.

   (3)   Prerequisites for acceptance of final maps. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act and conveyed to the Conejo Recreation and Park District, or to the City if the District does not have any jurisdiction within the subdivision. Where fees are required, they shall be deposited with the Conejo Recreation and Park District, or with the City if the District does not have any jurisdiction within the subdivision, prior to the acceptance of the final tract map. If the Conejo Recreation and Park District refuses to accept either the park dedication or the fees, such dedication shall be conveyed to the City or its assignees and/or the fees will be held by the city in a trust fund for the Conejo Recreation and Park District. Open space covenants for private park or recreational facilities shall be submitted in a form approved by the City Attorney and Community Development Director prior to the Council accepting the final tract map and shall be recorded contemporaneously with the final tract map.

   (1)   The Recreation Element of the General Plan;

   (2)   The topography, geology, access, and location of the land in the subdivision available for dedication;

   (3)   The size and shape of the subdivision and the land available for dedication;

   (4)   The location of existing or proposed park sites and trailways; and

   (5)   The desirability of developing the land proposed for dedication for park and recreational purposes as determined by a schematic site plan submitted by the subdivider.

   The determination of the Planning Commission as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof shall be final and conclusive, unless appealed to the Council. On subdivisions involving fifty (50) lots or less, only the payment of fees shall be required.

(Ord. 744-NS, eff. April 17, 1980)

   Prior to the acceptance of the final tract map, the Council, upon the advice of and written agreement with the Conejo Recreation and Park District, shall develop a schedule specifying how and when it will use the land or fees, or both, to develop park or recreational facilities. Any fees collected shall be committed within five (5) years after the payment of such fees or the issuance of building permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

(Ord. 744-NS, eff. April 17, 1980)

   The land and fees received pursuant to the provisions of this article shall be used only for the purpose of providing park and recreational facilities to serve the residences of the development for which received, and the location of the land and the amount of the fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the property.

(Ord. 744-NS, eff. April 17, 1980)

   After a final map or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of corrections or an amending map:

   (a)   To correct an error in any course or distance shown thereon;

   (b)   To show any course or distance that was omitted therefrom;

   (c)   To correct an error in the description of the real property shown on the map;

   (d)   To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

   (e)   To show the proper location of any monument which has been changed in location or character, originally was shown at the location or incorrectly as to its character; and

   (f)    To correct any other type of map error or omission as approved by the City Engineer which does not affect any property right. Such errors and omissions may include, but shall not be limited to, lot numbers, acreage, street names, and the identification of adjacent record maps.

   As used in this section, “error” shall not include changes in course or distance from which an error is not ascertainable from the data shown on the final or parcel map.

(Ord. 744-NS, eff. April 17, 1980)

   The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of this chapter for a final map or parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.

(Ord. 744-NS, eff. April 17, 1980)

   The amending map or certificate of correction, complete as to final form, shall be submitted to the City Engineer for his review and approval.

   The City Engineer shall examine the amending map or certificate of correction and if the only changes made are those set forth in Section 9-3.1701 of this article, he shall certify to this fact on the amending map or certificate of correction.

(Ord. 744-NS, eff. April 17, 1980)

   The amending map or certificate of correction certified by the City Engineer shall be filed in the office of the County Recorder in which the original map was filed. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate tract designation shown on the amending map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

(Ord. 744-NS, eff. April 17, 1980)

   The fees for checking, processing, and recording the amended map or certificate of correction shall be in accordance with the City’s resolution establishing fees and charges. A deposit to be applied toward such fee may be required by the City Engineer upon the submittal of the amended map or certificate of correction for his review.

(Ord. 744-NS, eff. April 17, 1980)

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

   (b)   No person shall sell, lease, or finance any parcel of real property or commence the construction of any building for sale, lease, or financing thereon, except for model homes, or allow the occupancy thereof, for which a parcel map is required by this chapter or the Subdivision Map Act, 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.

   (c)   The conveyance of any part of a division of real property for which a final or parcel map is required by this chapter shall not be made by parcel or block number, initial, or other designation unless and until such map has been filed for record by the County Recorder.

   (d)   This section shall not apply to any parcel of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law (including a local ordinance) regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

(Ord. 744-NS, eff. April 17, 1980)

   (a)   Any deed of conveyance, sale, or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or the Subdivision Map Act shall be voidable at the sole option of the grantee, buyer, or person contracting to purchase, or his heirs, personal representative, or trustee in insolvency or bankruptcy, within one year after the date of the discovery of the violation, but the deed of conveyance, sale, or contract to sell shall be binding upon any successor in interest of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or his assignee, heir, or devisee.

   (b)   Any grantee, or his successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or the Subdivision Map Act, within one year of the date of the discovery of such violation, may bring an action in the Superior Court to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property.

   (c)   The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to this Code and Section 66499.35 of the Subdivision Map Act, or identified in a recorded final map or parcel map, from and after the date of recording. The provisions of this section shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provision of law.

   (d)   This section shall not bar any legal, equitable, or summary remedy to which the City or other public agency, or any person, firm, or corporation, may otherwise be entitled, and the City or other public agency, or such person, firm, or corporation, may file a suit in the Superior Court to restrain or enjoin any attempted or proposed subdivision for sale, lease, or financing in violation of this chapter.

   (e)   The City shall not issue a permit or any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or the Subdivision Map Act if the City finds that the development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee of the current owner of record pursuant to a contract of sale of the real property, with or without actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property.

   The City, in issuing a permit or granting approval for the development of any such real property, may impose such additional conditions as would have been applicable to the division of the property at the time the applicant acquired his interest in the property.

   (f)   Whenever any construction activity, including grading or earth moving, is being done on any property for which an approved final map exists contrary to the provisions of this chapter or any approval of the map, the Community Development Director may order the activity stopped by notice in writing served on any person engaged in doing or causing such activity to be carried out, and any such person shall forthwith stop the activity until authorized by the Community Development Director to proceed.

(Ord. 744-NS, eff. April 17, 1980)

   (a)   Any person owning real property within the City, or a purchaser under a contract of sale of such property, may request the Community Development Director to determine whether such real property complies with the provisions of this chapter and the Subdivision Map Act.

   (b)   Upon making such determination, the Community Development Director shall cause a certificate of compliance to be filed for record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with the applicable provisions of this Code and the Subdivision Map Act.

   (c)   If the Community Development Director determines that such real property does not comply with the provisions of this Code or the Subdivision Map Act, he may, as a condition to granting a certificate of compliance, impose any of the conditions permitted by this Code or the Subdivision Map Act. The condition shall be set out in and recorded with the certificate. Such conditions may be fulfilled and implemented by the property owner who has applied for a certificate of compliance pursuant to this section or by a purchaser of such property owner. If such conditions are not fulfilled or implemented by the applicant property owner or the purchaser, the certificate of compliance shall have no force or effect upon any subsequent transfer of the property, and any subsequent transferee or assignee shall make a new application for a certificate of compliance pursuant to this section, and the City may impose such conditions as would have been applicable at the time such assignee or transferee acquired the property.

   (d)   A validly recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. It shall be at the discretion of the Community Development Director as to whether a conditional certificate of compliance or subdivision map is appropriate.

   (e)   A fee in the amount of the actual cost to the City shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required by the Community Development Director to be applied toward such fee.

(Ord. 744-NS, eff. April 17, 1980)

   (a)   Whenever the Community Development Director or City Engineer has knowledge that real property has been divided in violation of the provisions of this chapter or the Subdivision Map Act, he shall cause to be filed for record with the County Recorder a notice of intention to record a notice of violation (certificate of noncompliance), describing the real property in detail, naming the owners thereof, describing, the violation, and stating that an opportunity will be given to the owner to present evidence.

   (b)   The notice, specifying a time, date, and place at which the owner may present evidence to the Community Development Director and why the notice of violation should not be recorded, shall be mailed to the owner.

   (c)   If, after the owner has presented evidence, the Community Development Director determines there has been no violation, a release of the notice of intention to record a notice of violation shall be recorded with the County Recorder. If, however, the Community Development Director determines that there has been a violation, or if, within sixty (60) days after the receipt of such copy, the owner of real property fails to inform the Community Development Director of his objection to recording the notice of violation, the notice of violation shall be recorded with the County Recorder.

   (d)   The notice described in this section shall be deemed to be constructive notice, when recorded, of the violation to all successors in interest of the property.

(Ord. 744-NS, eff. April 17, 1980)

   In accordance with the provisions and time limitations set forth in subsection (b) of Section 9-3.702 of Article 7 of this chapter, any interested person may appeal any decision of the Community Development Director to the Planning Commission and may appeal any decision of the Planning Commission to the Council.

(Ord. 744-NS, eff. April 17, 1980)