HomeMy WebLinkAboutOrdinance 163 I
NOTICE OF ADOPTION OF CITY OF ATASCADERO
SUBDIVISxON ORDINANCE
(ORDINANCE NO. 163 - SUMMARY)
On February 9,1988 the City . Council of , Atascader•o adopted a
comprehensive new Subdivision Ordinance which replaced an
obsolete ordinance inherited by the City from the County upon
incorporation. The new ordinance was worked out in . cooperation
with local land surveyors and civil engineers and reflects the
latest -language mandated by the State Map Act ( Section 66410-
66499. 58) of the government code of the State of California . The
document is available for purchase in the Community Development
Department (for a price of $6 . 00) with a certified copy being
available for• review in the Office of the City Clerk . This new
Title 11 of the Municipal Code contains the following sections :
general provisions ; definitions ; general requirements for• maps;
tract maps , vesting tentative maps , and parcel map procedures ;
tentative tract , tentative parcel and vesting tentative maps-
preparation , form and other• requirements ; final map form,
preparation and other requirements ; lot line adjustments ;
subdivision design and improvements (most detailed requirements
will be adopted by resolution of the City Council ) ; dedications ;
subdivision improvement requirements ; subdivision exceptions ;
reversion to acreage ; lot merger ; fees ( set by separate
resolution of the City Council ) ; appeals ; and enforcement . The
-ordinance also provides more stringent standards for flag lot
development . The effective Date of the Ordinance is March 11 ,
1988 .
The foregoing ordinance was adopted on a 4 to 1 vote of the City
Council with Councilper.sons Borgeson , Bourbeau , Mackey and
Handshy voting yes and Mayor• Norris voting no.
HENRY ENGEN
Community Development Director
ORDINANCE NO. 163
AN ORDINANCE OF THE CITY OF ATASCADERO
SUPERCEDING COUNTY ORDINANCE, TITLE 21,
"SUBDIVISIONS AND PLATS ORDINANCE" , AND
REPLACING IT WITH A REVISED CITY OF ATASCADERO
SUBDIVISION ORDINANCE
WHEREAS, the City of Atascadero has been operating under a former
County ordinance dating back to February 16, 1970 known as Title 21,
Subdivision and Plats; and
WHEREAS, the Subdivision Map Act reflected in Section 66410 to
66499. 58 of the Government Code of the State of California has been
amended numerous times since that date; and
WHEREAS, the City Council is desirous of comprehensively updating
its subdivision regulations pursuant to Section 66411 of the State of
California Subdivision Map Act; and
WHEREAS, the City Council has held public hearing to consider
adoption of said subdivision regulations; and
WHEREAS, this amendment has been evaluated in accordance with the
California Environmental Quality Act and this City' s environmental
impact procedures guidelines and a negative declaration has been
granted by the City; and
WHEREAS, the proposed amendment promotes the public health, safety
and general welfare.
NOW, THEREFORE, the Council of the City of Atascadero does ordain
as follows:
Section 1.
Title 21, Subdivisions and Plats, carried over from County of San
Luis Obispo Ordinances upon incorporation is hereby repealed.
Section 2.
There is hereby added to the Municipal Code of Atascadero a new
Title 11 as contained in the attached Exhibit A, which is hereby made
a part of this ordinance by reference.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News, a
newspaper of general circulation, printed, published, and circulated
in the City in accordance with Section 36933 of the Government Code;
shall certify the adopting and posting of this ordinance and shall
cause this ordinance and this certification together with proof of
9 0
posting to be entered into the Book of Ordinances of this City.
Section 4. Effective Date.
This ordinance shall go into effect and be in full force and ef-
fect at 12:01 a.m. on the 31st day after its passage.
On motion by Councilmember Borg eson and seconded by Councilmember
Rail rbeau , the motion was approved by the following roll call
vote:
AYES: Councilmembers Borgeson , Bourbeau, Handshy , Mackey , and
Mayor Norris
NOES: None
ABSENT: None
DATE ADOPTED: February 9 , 1988
By:
BARBARA NOR S, Mayor
City of Atascadero, California
ATTEST:
BOYD C. S ARITZ, City
APPROVED AS TO CONTENT:
1A,
MICR L SHELTON, ity Manager
APPRO D AS 0 FORM:
7EB
J GEN EN, City Attorney
ZrRDY
4H N Y E N,
Communit Development Director
2
• EXHIBIT "All
TITLE 11
SUBDIVISIONS
CHAPTERS: PAGE
11- 1 General Provisions 1
11- 2 Definitions 4
11- 3 General Requirements for Maps 9
11- 4 Tract Maps, Vesting Tentative Maps, and Parcel Maps: 12
Procedures
11- 5 Tentative Tract, Tentative Parcel, and Vesting 20
Tentative Maps: Preparation, Form, and Other
Requirements
11- 6 Final Map Form, Preparation and Other Requirements 25
11- 7 Lot Line Adjustment 34
11- 8 Subdivision Design and Improvements 36
11- 9 Dedications 42
11-10 Subdivision Improvement Requirements 44
11-11 Subdivision Exceptions 50
11-12 Reversion to Acreage 52
11-13 Lot Merger 54
11-14 Fees 55
11-15 Appeals 56
11-16 Enforcement 57
Chapter 1
GENERAL PROVISIONS
11-1.001 Title.
11-1.002 Purpose.
11-1.003 Adoption authority--Conformance with other regulations.
11-1.004 Interpretation and application.
11-1.005 Conflict with public provisions.
11-1.006 Conflict with private provisions.
11-1.007 Actions by persons with interest.
11-1.008 Severability.
11-1.009 Procedure Summary.
11-1.001 Title.
This chapter shall be known and cited as the "Atascadero Subdivision
Ordinance" .
11-1.002 Purpose.
The regulations codified in this Title are adopted for the following
purposes:
A. To protect and provide for the public health, safety and general
welfare;
B. To guide the development of the City in accordance with the gen-
eral plan and specific. plans;
C. To ensure that real property which is to be divided can be used
without danger to inhabitants or property due to fire, flood, soil
instability, noise or other hazard;
D. To ensure that proper provision will be made for traffic circula-
tion, public utilities, facilities, and other improvements within
the subdivided land and within the City as a whole;
E. To protect and enhance the value of land and improvements and to
minimize conflicts among the uses of land and buildings;
F. To protect potential buyers and inhabitants by establishing stan-
dards of design, and by establishing procedures which ensure prop-
er legal description and monumenting of subdivided land;
G. To protect the natural resources of the community, including topo-
graphic and geologic features, solar exposure, watercourses, wild-
life habitats and scenic vistas, and to increase reasonable public
access to such resources;
-1-
• i
H. To enable innovations in subdivision procedures which facilitate
development that will best reflect the capability of the land to
support a desirable living environment.
11-1.003 Adoption Authority--Conformance with other regulations.
A. These regulations are adopted pursuant to the Subdivision Map Act,
as a "local ordinance" as that term is used in that act, and to
supplement the provisions of that act. All provisions of the Sub-
division Map Act and future amendments thereto not incorporated in
these regulations shall apply to all subdivisions, subdivision
maps and proceedings under these regulations.
B. Nothing in this section shall be read to limit the rights of the
City to enact additional provisions concerning the division of
land as are deemed necessary to protect the public health, safety
and general welfare.
C. Approval or conditional approval of a subdivision map shall not
excuse compliance with other applicable provisions of this code or
other applicable ordinances, rules, regulations and policies
adopted by the City.
11-1.004 Interpretation and application:
In their interpretation and application, these regulations shall
be held to be the minimum requirements for the promotion of the public
health, safety and general welfare.
11-1.005 Conflict with publicprovisions:
These regulations are not intended to annul any other law or regu-
lation. Where any provision of these regulations imposes restrictions
different from those imposed by any other provision of these regula-
tions or any other regulation or law, whichever provisions are more
restrictive or impose higher standards shall control.
11-1.006 Conflict with privateprovisions:
These regulations are not intended to abrogate any easement, cov-
enant or any other private agreement or restriction; provided, that
where the provisions of these regulations are more restrictive or
impose higher standards or regulations than such easements, covenants,
the requirements of these regulations shall govern. When the provi-
sions of the easement, covenant or private agreement or restriction
impose duties and obligations more restrictive, or higher standards
than the requirements of these regulations or the determinations of
the advisory agency or council in approving a subdivision or in en-
forcing these regulations, and such private provisions are not incon-
sistent with these regulations or determinations thereunder, then such
private provisions shall be operative and supplemental to these regu-
lations and determinations made thereunder.
-2-
11-1.007 Actions by persons with interest:
When any provisions of the Subdivision Map Act or of these regula-
tions require the execution of any certificate or affidavit or the
performance of any act of a person in his official capacity who is
also a subdivider or an agent or employee thereof, such certificate or
affidavit shall be executed or such act shall be performed by some
other person duly qualified therefor and designated so to act by the
council.
11.1008 Severability:
If any part or provisions of these regulations or application
thereof to any person or circumstances are adjudged invalid by any
court of competent jurisdiction, such judgment shall be confined in
its operation to the part, provision or application directly involved
in the controversy in which the judgment shall have been rendered and
shall not affect or impair the validity of the remainder of these reg-
ulations or the application thereof to other persons or circumstances.
The council declares that it would have enacted the remainder of these
regulations even without any such part, provision or application.
-3-
Chapter 2
DEFINITIONS
11-2.001 Generally.
11-2.002 Advisory agency.
11-2.003 Alley.
11-2.004 Applicant.
11-2.005 Average cross slope.
11-2.006 Community apartment.
11-2.007 Condominium.
11-2.008 Condominium conversion.
11-2.009 Day.
11-2.010 Distance.
11-2.011 Flag lot.
11-2.012 Flood hazard.
11-2.013 Future street.
11-2.014 General plan.
11-2.015 Geologic hazard.
11-2.016 Lot.
11-2.017 Lot width.
11-2.018 Lot depth.
11-2.019 Lot line, front.
11-2.020 Lot line, rear .
11-2.021 Lot line, side.
11-2.022 Nonresidential subdivision.
11-2.023 Path.
11-2.024 Private road easement.
11-2.025 Reversion to acreage.
11-2.026 Right-of-way.
11-2.027 Roadway.
11-2.028 Slope.
11-2.029 Specific plan.
11-2.030 Stock cooperative.
11-2.031 Street.
11-2.032 Street tree
11-2.033 Subdivider.
11-2.034 Subdivision.
11-2.035 Subdivision Map Act.
11-2.036 Subdivision standards.
11-2.037 Vesting tentative map.
11-2.001 Generally.
For the purposes of the regulations codified in this title, and to
supplement the definitions in the Subdivision Map Act, the following
words and phrases shall be construed as defined in this chapter.
11-2.002 Advisory apencV.
"Advisory agency" means the community development director or
planning commission, as the case may be, which recommends to the coun-
cil, action on certain types of map applications.
-4-
i
11-2.003 Alley.
"Alley" means a public or private way which provides vehicular ac-
cess to the side or rear of properties whose principal frontage is on
a street.
11-2.004 Applicant.
"Applicant" means the subdivider or his authorized representative.
11-2.005 Average cross slope.
"Average cross slope" means the ratio, expressed as a percentage,
of the difference in elevation to the horizontal distance between two
points on the perimeter of the area whose slope is being determined,
with the line along which the slope is being measured running essen-
tially perpendicular to the contours between the points.
11-2.006 Community apartment.
"Community apartment" means an apartment development in which an
undivided interest in real property is coupled with the right of ex-
clusive occupancy of an apartment located within the property. For
the purposes of these regulations, community apartments will be sub-
ject to the same requirements as condominiums.
11-2.007 Condominium.
"Condominium" means an estate in real property consisting of an
undivided interest in common in a portion of a parcel together with a
separate interest in space in a building on such real property.
11-2.008 Condominium conversion.
"Condominium conversion" means the conversion of property occupied
under tenancies or estates other than condominium to occupancy as con-
dominiums.
11-2.009 Day.
"Day" means calendar day. If the end of an interval specified in
days falls on a weekend or holiday, the interval shall be deemed to
end on the next business day.
11-2.010 Distance.
"Distance" means all distances are measured horizontally unless
noted otherwise.
11-2.011 Flag lot.
"Flag lot means a lot predominantly situated behind another lot
and having access to a street by means of a narrow portion of the flag
lot extending out to the street.
11-2.012 Flood hazard.
"Flood hazard" means a potential danger to life, property or nat-
ural resources due to storm water runoff or inundation, including dep-
osition of silt and debris, erosion, or the presence of standing wat-
er.
-5
11-2.013 Future street.
"Future street" means real property subject to a yet unaccepted
offer of dedication, all or part of which may later be accepted for a
street by council resolution and without further action by the owner .
11-2.014 General plan.
"General plan" means the adopted general plan of the City of
Atascadero.
11-2.015 Geologic hazard.
"Geologic hazard" means a condition in the earth' s surface, either
natural or artifically created, which is potentially hazardous to
life, property or natural resources due to possible movement of rock
or soil.
11-2.016 Lot.
"Lot" means a parcel of land which is identified by a distinct
number or letter on a final map or parcel map recorded in the office
of the county recorder , or such parcel shown on a map or survey record
complying with approval requirements in effect when it was recorded.
11-2.017 Average lot width.
"Average lot width" means the sum of the lengths of the front and
rear lot lines, divided by two. For irregularly shaped lots or lots
having more than two side lot lines, lot width shall be determined by
drawing two lines perpendicular to one side lot line, one at the nar-
rowest and one at the widest parts of the lot; adding the lengths of
the two lines; and dividing by two.
11-2.018 Average lot depth.
"Average lot depth" means the distance between the front and rear
lot lines, measured in the mean direction of the side lot lines.
11-2.019 Lot line, front.
"Front lot line" means the line which separates the lot from the
street. For a corner lot, the line at the shortest street frontage
will be the front lot line, unless the latest tract deed restrictions
specify another line.
11-2.020 Lot line, rear .
"Rear lot line" means the lot line opposite and most distant from
the front lot line. In the case of an irregular or triangular lot,
the rear lot line is a line within the lot, parallel to and at a maxi-
mum distance from the front lot line, having a length of at least ten
feet.
11-2.021 Lot line, side.
"Side lot line" means any lot line other than a front or rear lot
line.
11-2.022 Nonresidential subdivision.
"Nonresidential subdivision" means a subdivision whose intended
use is other than residential. Such subdivision shall comply with
applicable provisions of these regulations. Subdivisions incorporat-
ing both residential and nonresidential uses, either upon the same
-6-
land area or within different portions of the subdivision, shall com-
ply with applicable provisions of these regulations.
11-2.023 Path.
"Path" means a way designed for use by pedestrians, bicycles or
animals and not designed or intended for use by motor vehicles.
11-2.024 Private road easement.
"Private road easement" means an easement, recorded in the office
of the county recorder, granted to owners of property adjacent to the
parcel covered by the easement, for access to the adjacent properties.
11-2.025 Reversion to acreage.
"Reversion to acreage" means the combining of two or more recorded
contiguous lots into a single parcel.
11-2.026 Right-of-way.
"Right-of-way" means a parcel of land occupied or intended to be
occupied by a street, path, railroad, electric transmission line, oil
or gas pipeline, water main, sewer main, storm drain or similar util-
ity or special use. Use of the term "right-of-way" , distinguished
from "easement" , shall mean that the area dedicated to the special use
shall be separate from adjoining lots and shall not be included in the
area or dimensions of such lots. Rights-of-way intended for a use in-
volving maintenance by a public agency shall be dedicated to public
use by the owner of the parcel (s) on which the right-of-way is
established.
11-2.027 Roadway.
"Roadway" means that portion of a street or alley used or intended
to accommodate the movement of vehicles.
11-2.028 Slope.
See Section 11-2.005 , Average cross slope.
11-2.029 Specific plan.
"Specific plan" means a plan for a designated area of the City,
based on the general plan but containing more detailed regulations and
programs, as provided in Section 65450, et. seq. of the California Gov-
ernment Code.
11-2.030 Stock cooperative.
"Stock cooperative" means an apartment development in which an un-
divided interest in the land is coupled with the right of exclusive
occupancy of an apartment in the development. For the purposes of
these regulations, stock cooperatives will be subject to the same re-
quirements as condominiums.
11-2.031 Street.
"Street" means a way for vehicular traffic, whether designated as
a street, highway, road, avenue, boulevard, lane, place, way or other
name. "Street" does not include a path or alley.
-7-
11-2.032 Street tree.
"Street tree" means a tree in a public place, street, special
easement or right-of-way adjoining a street.
11-2.033 Subdivider .
"Subdivider" means a person, firm, corporation, partnership or
association which proposes to divide, causes to be divided, or divides
real property for itself or for others, except employees or represen-
tatives of such persons or entities, acting in such capacity, are not
subdividers.
11-2.034 Subdivision.
"Subdivision" shall have the meaning as defined in the Subdivision
Map Act, including any division for gift or token consideration. Ac-
cording to the Subdivision Map Act:
"Subdivision" means the division, by any subdivider , of any unit
or units of improved or unimproved land, or any portion thereof,
shown on the latest equalized county assessment roll as a unit or
as contiguous units, for the purpose of sale, lease or financing,
whether immediate or future, except for leases of agricultural
land for agricultural purposes. Property shall be considered as
contiguous units, even if it is separated by roads, streets, util-
ity easements or railroad rights-of-way. "Subdivision" includes a
condominium project as defined in Section 1350 of the Civil Code,
a community apartment project as defined in Section 11004 of the
Business and Professions Code, or the conversion of five or more
existing dwelling units to a stock cooperative, as defined in Sec-
tion 11003.2 of the Business and Professions Code. Any conveyance
of land to a government agency, public entity or public utility
shall not be considered a division of land for purposes of com-
puting the number of parcels. As used in this section "agricul-
tural purposes" means the cultivation of food or fiber , or the
grazing or pasturing of livestock.
11-2.035 Subdivision Map Act
"Subdivision Map Act" means the Subdivision Map Act of the State
of California and such revisions as may be made by the California
legislature.
11-2.036 Subdivision standards.
"Subdivision standards" means the standards for design and con-
struction of subdivisions and the preparation of maps and documents,
adopted by resolution by the council.
11-2.037 Vesting tentative map.
"Vesting tentative map" means a "tentative map" for a residential
subdivision, as defined, that shall have printed conspicuously on its
face the words "Vesting Tentative Map" at the time it is filed in ac-
cordance with Section 11-4.301 and is thereafter processed in accor-
dance with the provisions thereof, and which will provide certain
statutorily vested rights to the subdivider.
-8-
i
Chapter 3
GENERAL REQUIREMENTS FOR MAPS
11-3.001 Tract maps.
11-3.002 Parcel maps.
11-3.003 Exclusions and exceptions.
11-3.004 Lot line adjustment.
11-3.005 Correcting or amending maps.
11-3.006 Lot combination.
11-3.007 Expansion of condominium projects.
11-3.001 Tract maps.
Except as provided in Section 11-3. 003 , the division of real prop-
erty into five or more parcels or creation of five or more condomin-
iums or a stock cooperative or community apartment project having five
or more parcels or units requires the filing, approval and recording
of tentative and final tract maps as provided in these regulations and
the Subdivision Map Act.
11-3.002 Parcel maps.
Except as provided in Section 11-3. 003 , the division of real prop-
erty into four or fewer parcels, or creation of four or fewer condo-
miniums or a stock cooperative or community apartment project having
four or fewer parcels or units requires the filing, approval and re-
cording of tentative and final parcel maps as provided in these regu-
lations and the Subdivision Map Act.
11-3.003 Exclusions and exceptions.
A. No maps shall be required for divisions of property which are ex-
cepted from the definition of subdivision within the Subdivision
Map Act.
B. Parcel maps, but not tentative and final tract maps, shall be
required for those land divisions enumerated under Section 66426
of the Subdivision Map Act.
C. No maps shall be required for :
1. The financing or leasing of apartments, offices, stores or
similar space within apartment buildings, industrial build-
ings, commercial buildings, mobile home parks or trailer
parks;
2. Mineral, oil or gas leases;
3. Land dedicated for cemetery purposes under the Health and
Safety Code of the State;
-9-
4. Boundary line or exchange agreements to which the State Land
Commission or a local agency holding a trust grant of tide
and submerged lands is a party;
5. Any separate assessment under Section 2188.7 of the Revenue
and Taxation Code;
6. The financing or leasing of any parcel of land, or portion of
a parcel, in conjunction with the construction of commercial
or industrial buildings on a single parcel, when the project
is subject to planned development or use permit approval pur-
suant to the Zoning Ordinance;
7. The financing or leasing of existing separate commercial or
industrial buildings on a single parcel.
D. Any conveyance of land to a governmental agency, public entity or
public utility shall not be considered a division of land for the
purpose of determining the number of parcels within a subdivision.
E. In spite of the requirements in Section 11-3.002, the Council may
waive the requirement for a parcel map. To waive the parcel map
requirement, the Council must find that the proposed land division
complies with all standards established by the City for design and
improvements, utilities and environmental protection. (See Chap-
ter 11-11, Subdivision Exceptions) .
F. Parcel maps shall not be required for those conveyances involving
government agencies or public utilities, as provided in the Subdi-
vision Map Act (Section 66428) .
11-3.004 Lot line adjustment.
The adjustment of a boundary line between two or more adjacent
parcels, which does not result in a greater number of buildable par-
cels than originally existed, does not require a tract or parcel map.
However, the Community Development Director must approve the lot line
adjustment as provided in Chapter 11-7.
11-3.005 Correcting or amending maps.
Recorded final tract maps and recorded final parcel maps may be
amended, corrected or modified, as provided in the Subdivision Map Act
(Sections 66469 through 66472.1) . Approved lot line adjustments may
be amended as provided for tract and parcel maps, with amending or
correcting documents to be filed with the community development de-
partment and the county recorder.
11-3.006 Lot combination.
Contiguous parcels under common ownership may be merged (interior
lot lines may be removed) by approval of a lot line adjustment, as
provided in Section 11-3.004, together with recordation of a certifi-
cate of compliance for the new parcel.
-10-
11-3.007 Expansion of condominium projects.
Notwithstanding Section 11-3.004 , the addition of floor area to a
condominium project shall require approval of the type of map prev-
iously approved. If the Community Development Director finds such a
map is not necessary for the purposes of these regulations, the Direc-
tor may waive the requirement for such a map.
-11-
Chapter 4
TRACT MAPS, VESTING TENTATIVE MAPS AND PARCEL MAPS: PROCEDURES
Sections:
Article I. Tentative Tract Maps
11-4.101 Preliminary plans.
11-4.102 Identification of tentative tract map.
11-4.103 Filing of tentative tract map--application.
11-4.104 Examination of application.
11-4.105 Distribution of tentative tract map.
11-4.106 Departmental reports on tentative tract map.
11-4.107 Notice of planning commission hearing on tentative tract
map.
11-4.108 Continuances of tentative tract map action.
11-4.109 Submission of revised tentative tract map.
11-4.110 Planning commission action on tentative tract map.
11-4.111 Council action on tentative tract map.
11-4.112 Withdrawal of tentative tract map. ,
11-4.113 Minor modification of tentative tract map after approval.
11-4.114 Extension of time to act.
Article II. Final Tract Maps
11-4. 201 Filing of final tract map.
11-4.202 Termination of proceedings.
11-4.203 Time extension.
11-4.204 Final tract map compliance.
11-4. 205 Submission of final tract map.
11-4.206 Action of city engineer .
11-4.207 Council action on final map.
11-4. 208 Council acceptance or rejection of offers of dedication.
11-4.209 Disposition after approval.
Article III. Vesting Tentative Maps
11-4.301 Application.
11-4.302 Filing and processing.
11-4.303 Vesting on approval of vesting tentative map.
11-4.304 Development inconsistent with zoning; denial or conditional
approval.
11-4.305 Applications inconsistent with current policy.
11-4.306 Expiration.
Article IV. Parcel Maps
11-4.401. Filing - Processing - Appeals - Dedication acceptance.
-12-
Article I. Tentative Tract Maps
11-4.101 Preliminary plans. .
Subdividers are encouraged to consult with the community develop-
ment department for technical advice and procedural guidance prior to
filing a tentative tract map. Prior to preparing and submitting a
tentative tract map, subdividers may present preliminary plans or
sketches of the proposed subdivision to the community development de-
partment. However, such preliminary plans shall not be construed as
tentative tract maps.
11-4.102 Identification of tentative tract map.
Before submitting a tentative tract map, the person preparing the
map shall obtain a tract number from the county planning department.
The number shall be placed upon each copy of the tentative tract map
and shall not be changed unless a new number is assigned to the subdi-
vision by the county planning department. The tract may also be given
a name.
11-4.103 Filing of tentative tract map - application.
The tentative tract map application shall be filed with the commu-
nity development department and shall be prepared in accordance with
the provisions of Chapter 5. The application shall be accompanied by
the number of map prints required by the community development depart-
ment. An eight-and-one-half inch by eleven inch reduced transparency
shall also be provided.
11-4.104 Examination of application.
Community development and engineering department staff shall ex-
amine the map application upon presentation and shall not accept it
unless it is a complete application in compliance with the Subdivision
Map Act and these regulations. Subdivider shall be notified in writ-
ing within thirty days following submittal if the map application is
not complete. The tentative tract map application shall not be con-
sidered filed until stamped, signed and dated by the community devel-
opment department. Further , the map application shall not be deemed
received until an environmental determination has been made as provid-
ed in the City' s CEQA Guidelines.
11-4.105 Distribution of tentative tract map.
The community development staff shall, within five days after a
tentative tract map has been submitted and determined to be complete,
forward a copy of the map and accompanying data and reports to all
appropriate staff, departments and other agencies for review and re-
port.
11-4.106 Departmental reports on tentative tract map.
Within twenty days of forwarding, each staff member , department or
agency given a copy of the tentative tract map application shall send
the community development department its report, with recommendations,
if any, pertaining to the map. Failure to submit a report within the
time allowed shall be construed as indicating acceptance. Based on
staff analysis and the recommendations submitted to it, the community
-13-
development department shall prepare a report and recommendation for
transmittal with the application for filing with the planning commis-
sion.
11-4.107 Notice of planning commission hearing on tentative tract
map.
A. Notice of the time, date, place and purpose of the planning com-
mission hearing on tentative tract maps shall be given by:
1. Publication in a newspaper of general circulation not less
than ten days before the meeting;
2. First-class mail to all owners of property located within 300
feet of proposed tract, according to the latest county asses-
sment roll, and owners of other property which, as determined
by the Community Development Director, consistent with the
requirements of Section 66451.4 of the Government Code, may
be adversely affected by the proposed subdivision; and
B. The Community Development Director shall notify the subdivider and
provide copies of all reports and recommendations being submitted
to the planning commission from the community development depart-
ment not less than three days before the meeting.
11-4.108 Continuances of tentative tract map action.
A. Applicant-requested Continuances. A tentative tract map scheduled
for a planning commission agenda will be considered only when the
applicant is present. Prior to the scheduled date of planning
commission consideration, the applicant may request a continuance
to a future agenda date. Granting or denial of such request is at
the sole discretion of the planning commission.
B. Absentee Continuances. If the applicant does not appear at the
scheduled meeting, consideration of the tentative map may be con-
tinued to the next regular meeting of the planning commission.
If the applicant fails to appear at the second scheduled meeting,
the application may be denied by the planning commission. The
period of any such continuance shall be counted against the time
allowed the planning commission to consider the tentative map
application.
11-4.109 Submission of revised tentative tract map.
Prior to consideration of a tentative tract map by the planning
commission, a revised tentative tract map may be submitted for consid-
eration. A new application and fee shall be required prior to place-
ment on the planning commission's agenda. An updated title report may
be required. Changes required by the City shall not be considered map
revisions. A revised tentative tract map shall be considered as a new
application, and the date of filing shall be the date of filing the
revised tentative tract map. The first application shall be deemed
withdrawn upon the submission of the revised application.
-14-
11-4.110 Planning commission action on tentative tract map.
Within fifty days of the filing thereof, the planning commission
shall, after a hearing and consideration of the tentative tract map,
accompanying reports of applicant and staff, and public testimony,
recommend approval, conditional approval, or disapproval of the map,
and report its decisions to the council. If disapproval of the map is
recommended, the report shall contain statements of the reasons for
disapproval. If conditional approval of a map is recommended, the
report shall contain a complete statement of the conditions of approv-
al. The approval or conditional approval of any tentative tract map
shall not constitute an approval of any exception or deviation from
any zoning regulations of the City nor shall it be deemed as an ap-
proval to proceed with any development in violation of any applicable
provision of law.
11-4.111 Council action on tentative tract map.
Within thirty days of its receipt of the planning commission's
report, the council shall consider and approve, conditionally approve,
or disapprove the tentative tract map. If the map is disapproved, the
grounds for disapproval shall be stated.
11-4.112 Withdrawal of tentative tract map.
Once a date for council consideration of the tentative tract map
has been set, requests for withdrawal shall be submitted to the coun-
cil in writing, or orally if made at the meeting when the map is being
considered. No refund of the filing fee shall be made. Withdrawal
of the map shall be an effective denial of the application.
11-4.113 Minor modification of tentative tract map after approval.
Minor modifications of an approved or conditionally approved ten-
tative tract map may be made. However , they must be approved by the
Community Development Director before the final map is submitted.
11-4.114 Extension of time to act.
Any of the time limits for acting on tentative tract maps speci-
fied in these regulations may be extended by mutual consent of the
subdivider and the planning commission or council, as the case may be.
To do so, the subdivider must expressly waive, in writing or in the
record at a public hearing, his right to have the map considered with-
in those time limits.
Article II. Final Tract Maps
11-4.201 Filing of final tract map.
Within twenty-four months of the date of approval or conditional
approval of the tentative tract map, the subdivider may cause the
boundary of the proposed subdivision or any part thereof to be sur-
veyed and the required final tract map to be prepared and filed in
accordance with these regulations and the Subdivision Map Act. When
the final map is filed, a bond shall be posted guaranteeing that all
survey corners shall be placed prior to the acceptance of the public
improvements by the council.
-15-
1
11-4.202 Termination of proceedings.
Failure to file a final tract map within 24 months of the date of
approval or conditional approval of a tentative tract map, or within
any extended period of time granted in accordance with Section 11-4.
203, immediately following, shall terminate all proceedings. Before a
final map may thereafter be filed, a new tentative tract map shall be
submitted and approved hereunder.
11-4.203 Time extension.
A. The council may extend the time for filing the final tract map for
a period or periods not exceeding a total of twelve months.
B. Applications for extensions shall be made in writing to the coun-
cil prior to the date of tentative tract map expiration. Time
extension may be granted subject to the condition that the final
map shall be prepared and improvements shall be constructed and
installed in compliance with requirements in effect at the time
the request for extension is considered. The council may also
impose any other conditions which it was empowered to impose at
the time of the tentative map approval and it may revise or delete
conditions.
11-4.204 Final tract map compliance.
Final tract maps shall be prepared in accordance with the approved
tentative tract map.
11-4.205 Submission of final tract map.
When all the certificates appearing on the final tract map, except
the approval certificates of the City Clerk, City Engineer, Community
Development Director , the County Recorder ' s certificate, have been
signed, and where necessary, acknowledged, the final tract map, along
with copies of reference maps and other supporting data necessary to
verify the survey, may be submitted to the City for examination and
presentation to the council for final approval, provided it complies
with all other provisions of these regulations. The map shall be ac-
companied by as many prints as the Community Development Director
shall require. The subdivider shall provide the City with an eight-
and-one-half inch by eleven inch transparecy of the final map.
11-4.206 Action of City Engineer and Community Development Director.
A. Upon receipt of a final tract map and accompanying documents, fees
and materials for filing, the City Engineer and Community Develop-
ment Director shall determine if they are in substantial conform-
ity with the approved or conditionally approved tentative tract
map and modifications and conditions made or required by the coun-
cil. If they are found to be complete and in conformance with
these and other applicable regulations, the Community Development
Director shall transmit the map to the City Engineer who shall
transmit the map to the City Clerk after certification. No map
shall be certified until the required improvements have been in-
stalled or an agreement or bond for installation has been secured
in accordance with these regulations.
-16-
B. Should the map or accompanying documents, fees or materials be
found to be incomplete or incorrect in any respect, the City Eng-
ineer or Community Development Director shall advise the subdi-
vider by mail of the changes or additions that must be made before
the map may be certified.
C. If the City Engineer or Community Development Director determines
circumstances concerning the design and improvement of the subdi-
vision relating to the public health, safety and welfare have ma-
terially changed since the approval of the tentative tract map,
they need not certify the final map. In such instances, the City
Engineer and Community Development Director shall return the map
to the Council for further consideration.
D. The final tract map shall not be considered filed for action by
the Council until the City Engineer and Community Development Di-
rector have completed the actions required by them by subsections
A, B, and C of this section.
11-4.207 Council action on final map.
A. At the meeting at which it receives the map, or at the first reg-
ular meeting thereafter, the council shall approve the map if it
conforms with the approved tentative map and meets the require-
ments of the Subdivision Map Act, these regulations, and any rul-
ings made pursuant to them. If the map does not conform, the
council shall disapprove it.
B. If the council fails to act within the prescribed time, the final
map shall be deemed approved to the extent it meets the require-
ments enumerated above. Upon approval by either action or in-
action, the city clerk shall certify approval of the final map.
11-4.208 Council acceptance or rejection of offers of dedication.
Subject to exceptions in the Subdivision Map Act, at the time the
council approves a final tract map, it shall also accept, accept sub-
ject to improvement, reject without prejudice, or reject all offers of
didication. This action shall be certified on the map___. by the city
clerk.
11-4.209 Disposition after approval.
After the council approves a final tract map, the city clerk shall
transmit the map to the county recorder.
Article III. Vesting Tentative Maps
11-4.301 Application.
A. Whenever a provision of the Subdivision Map Act, as implemented
and supplemented by this Subdivision Ordinance, requires the fil-
ing of a tentative map or tentative parcel map for a residential
development, a vesting tentative map may instead be filed, in
accordance with the provisions hereof.
17
filed, in accordance with the provisions hereof.
B. 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 subdivi-
sion, permit for construction, or work preparatory to construc-
tion.
11-4.302 Filing and processing.
A vesting tentative map shall be filed in the same form and have
the same contents, accompanying data and reports, and shall be pro-
cessed in the same manner as set forth in this subdivision ordinance
for a tentative map except as provided in Section 11-5.003.
11-4.303 Vesting on approval of vesting tentative map.
A. The approval or conditional approval of a vesting tentative map
shall confer a vested right to proceed with development in sub-
stantial compliance with the ordinances, policies, and standards
described in Government Code Section 66474. 2. However, if Section
66474.2 of the Government Code is repealed, the approval or condi-
tional approval of a vesting tentative shall confer a vested right
to proceed with development in substantial compliance with the
ordinances, policies, and standards in effect at the time the
vesting tentative map is approved or conditionally approved.
B. Notwithstanding subsection A, a permit, approval, extension or
entitlement may be made conditional or denied if any of the fol-
lowing are determined:
1. A failure to do so would place the residents of the subdivi-
sion or the immediate community, or both, in a condition dan-
gerous to their health or safety, or both.
2. The condition or denial is required, in order to comply with
state or 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 11-4.306. If the final map is approved, these
rights shall last for the following periods of time: -
1. An initial time period of one (1) year. Where several final
maps are recorded on various phases of a project covered by a
single vesting tentative map, this initial time period shall
begin for each phase when the final map for that phase is
recorded.
2. The initial time period set forth in C.l. shall be automat-
ically extended by any time used for processing a complete
application for a grading permit or for design or architec-
tural review, if such processing exceeds 30 days, from the
date a complete application is filed.
-18-
3. A subdivider may apply to the Community Development Director
for a one-year extension at any time before the initial time
period set forth in C.l. expires. If the extension is
denied, the subdivider may appeal that denial to the city
council within 15 days.
4. If the subdivider submits a complete application for a build-
ing permit during the periods of time specified in subsec-
tions 1.-3. , the rights referred to herein shall continue
until the expiration of that permit, or any extension of that
permit.
11-4.304 Development inconsistent with zoning; denial or conditional
approval.
A. Whenever a subdivider files a vesting tentative map for a subdivi-
sion whose intended development is inconsistent with the zoning
ordinance in existence at that time, that inconsistency shall be
noted on the map. The city shall deny such a vesting tentative
map or approve it conditioned on the subdivider, or his or her
designee, obtaining the necessary change in the zoning ordinance
to eliminate the inconsistency. If the change in the zoning ord-
inance is obtained, the conditionally approved vesting tentative
map shall, notwithstanding Section 11-4.303A. , confer the vested
right to proceed with the development in substantial compliance
with the change in the zoning ordinance and the map, as approved.
B. The rights conferred by this section shall be for the time periods
set forth in Section 11-4.303C.
11-4.305 Applications inconsistent with current policy.
Notwithstanding any provision of this ordinance, a property owner
or his or her designee may seek approvals or permits for development
which depart from the ordinances, policies, and standards described in
Sections 11-4.303 and 11-4.304 , and local agencies may grant these
approvals or issue these permits to the extent that the departures are
authorized under applicable law.
11-4.306 Expiration.
The approval or conditional approval of a vesting tentative map
shall expire at the end of the same time period, and shall be subject
to the same extensions, established by Section 11-4. 203 for the expi-
ration of the approval or conditional approval of a tentative map.
Article IV. Parcel Maps
11-4.401 Filing - Processing - Appeals - Dedication acceptance.
The procedures for filing, processing, public notice and actions
on tentative and final parcel maps shall be the same as provided in
these regulations for tentative and final tract maps.
-19-
t
Chapter 5
TENTATIVE TRACT, TENTATIVE PARCEL, AND VESTING TENTATIVE MAP:
PREPARATION, FORM AND OTHER REQUIREMENTS
Sections:
11-5.001 Preparation and form of tentative map.
11-5.002 Information on tentative map.
11-5.003 Additional information on vesting tentative map.
11-5.004 Other material to accompany tentative map.
11-5.005 Application requirement.
11-5.001 Preparation and form of tentative map.
A. The tentative map shall be clearly and legibly drawn to an engi-
neer 's scale of not less than one inch equals one hundred feet.
If necessary to provide the proper scale, more than one sheet may
be used, but the relation of the several sheets shall be clearly
shown on each. Each sheet shall be eighteen inches by twenty-six
inches.
B. Tentative tract maps shall be prepared by or under the supervision
of a registered civil engineer, licensed land surveyor or archi-
tect. Tentative parcel maps may be prepared by anyone.
11-5.002 Information on tentative map.
The tentative map shall contain the following information, in ad-
dition to any other information which may be required by the Subdivi-
sion Map Act:
A. The map number , name if any, date of preparation, north point,
scale, and if based on a survey, the date and official record of
the survey;
B. Name and address of the person or entity which prepared the map
and the applicable registration or license number and expiration
date thereof;
C. Names and addresses of the subdivider and all parties having a
record title interest in the property being subdivided;
D. The boundaries of the subdivision, defined by legal description,
with sufficient information to locate the property and to deter-
mine its position with respect to adjacent named or numbered sub-
divisions, if any;
E. Topographic information with a reference to the source of the in-
formation. Contour lines shall have the following intervals:
1. Five-foot contour interval for undeveloped acres and two-foot
-20-
intervals for building sites within the Urban Services Line;
2. Ten-foot contour interval for undeveloped areas and two-foot
intervals for building sites and paved or graded areas out-
side the Urban Services Line. Contours of adjacent land
shall also be shown whenever the surface features of such
land affect the design or development of the proposed sub-
division;
F. The approximate location and general description of any trees over
eight inches in diameter 4 feet above grade - or the general canopy
cover of clusters of trees- -- with notations as to their proposed
retention or destruction; notations as to general type of vegeta-
tion in areas not occupied by trees ;
G. The location and outline to scale of all structures which are to
be retained within the subdivision and all structures outside the
subdivision and within ten feet of the boundary lines; the dis-
tances between structures to be retained, and existing or proposed
street and lot lines; notations concerning all structures which
are to be removed;
H. The locations, widths and purposes of all existing and proposed
easements for utilities, drainage and other public purposes shown
by dashed lines, within and adjacent to the subdivision (including
proposed building setback lines, if known) ; all existing and pro-
posed utilities including size of water lines and size and grade
of sewer lines, locations of manholes, fire hydrants, street trees
and street lights;
I. The location, width and directions of flow of all watercourses and
flood-control areas within and adjacent to the property involved;
the proposed method of providing stormwater drainage and erosion
control;
J. The location of all potentially dangerous areas, including areas
subject to inundation, landslide, or settlement, or excessive
noise, and the means of mitigating the hazards;
K. The locations, widths and names or designations of all existing or
proposed streets, alleys, paths and other rights-of-way, whether
public or private; private easements within and adjacent to the
subdivision; the radius of each centerline curve; a cross section
of each street; any planned line for street widening or for any
other public project in and adjacent to the subdivision; private
streets shall be clearly indicated;
L. The lines and approximate dimensions of all lots, and the number
assigned to each lot; the total number of lots; the approximate
areas of the average lot; lots shall be numbered consecutively;
M. The boundaries, acreage and use of existing and proposed public
areas in and adjacent to the subdivision. If land is to be
offered for dedication for park or recreation purposes or for pur-
pose of providing public access to any public waterway, river or
stream, it shall be so designated;
-21-
• s
N. Any exception being requested in accordance with the requirements
of Chapter 11-11 (Subdivision Exceptions) of these regulations
shall be clearly labeled and identified as to nature and purpose;
O. The location of all railroad rights-of-way and grade crossings;
P. The locations of any existing or abandoned wells, septic leaching
fields, springs, water impoundments and similar features to the
extent they affect the proposed use of the property;
Q. When it is known that separate final maps are to be filed on por-
tions of the property shown on the tentative map, the subdivision
boundaries which will appear on the final maps and the sequence in
which the final maps will be filed;
R. Maps for condominium projects shall indicate the address of the
property and the number , size and location of proposed dwelling
units, parking spaces and private or public open spaces. For all
condominium projects, the floor area of each floor shall be shown
in proper scale and location together with the plan view of each
ownership unit.
S. The location of proposed building sites and septic system leach
fields shall be shown for any proposed lot having an average cross
slope of 20% or greater .
11-5.003 Additional information on vesting tentative maps.
A. At the time a vesting tentative map is filed, it shall have
printed conspicuously on its face the words "Vesting Tentative
Map" .
B. At the time a vesting tentative map is filed, a subdivider shall
also supply the following information:
1. Site plans for each lot or parcel indicating proposed loca-
tions for all improvements (e.g. , utilities, structures, sep-
tic systems, driveways, etc. ) ;
2. Preliminary floor plans for all structural uses;
3. Architectural elevations of all structures identifying all
exterior finish and roofing materials;
4. Septic system design details including design of a replace-
ment leach field located in the 100% expansion area;
5. Detailed grading plans for each lot or parcel as provided in
Chapter 9-4.138 of this code;
6. Road improvement plans for all adjacent and interior roads;
and
-22
7. For other than single family residential projects, land-
scaping plans for each lot or parcel as provided in Chapter
9-4. 124 of this code.
115.004 Other material to accompany tentative map.
The following supplementary material shall be filed with the ten-
tative map:
A. A vicinity map of appropriate scale and showing sufficient ad-
joining territory to clearly indicate surrounding streets, other
land in the subdivider ' s ownership, and other features which have
a bearing on the proposed subdivision;
B. A statement of existing and proposed zoning and land use;
C. A statement of proposed improvements and landscape modifications,
including the estimated time of completion in relation to subdivi-
sion of the property;
D. A description of proposed public or commonly held areas and draft
open space easement agreements, if applicable;
E. Draft covenants, conditions and restrictions if they are integral
to the development concept or proposed atypical requirements;
F. A description of requested exceptions from the subdivision design
standards for such items as dimensions , street sections or util
ity. eas"ements
G. Proposed building setbacks and yards if different from those in
the zoning regulations;
H. If required by the Community Development Director , a preliminary
grading plan as provided in the grading ordinance as codified in
Chapter 9-4.138 of this code;
I. An engineering geology report, prepared by a registered geologist,
may be required in areas of moderate, high and very high landslide
risks, and in areas of high and high + liquefaction potential and
subsidence potential as noted in the general plan, seismic safety
element. The engineering geology report shall include definite
statements, conclusions and recommendations concerning the follow-
ing, as applicable:
1. Location of major geologic features;
2. Topography and drainage in the subject areas;
3. Distribution and general nature of rock and soils;
4. A reasonable evaluation and prediction of the performance of
any proposed cut or fill in relation to geologic conditions;
5. An evaluation of existing and anticipated surface and subsur-
face water in relation to proposed development;
-23-
•
6. Recommendations concerning future detailed subsurface samp-
ling and testing that may be required prior to building;
7. Capability of soils and substrata to support structures;
J. A soils engineering report, prepared by a civil engineer regis-
tered in the state and based upon adequate test borings, may be
required for every subdivision. The City Engineer may determine
that, due to existing information available on the soils of
the subdivision, no analysis is necessary. If the soils engine-
ering report indicates soil problems which, if not corrected,
could lead to structural defects, a soils investigation of each
lot in the subdivision may be required. The soils engineering
report shall include data regarding the nature, distribution and
strength of existing soils, conclusions and recommendations for
grading procedures and design criteria for corrective measures,
when necessary, and opinions and recommendations covering adequacy
of sites for development;
(A subdivision where soil or geologic problems exist may be ap-
proved if the City determines recommended corrective measures are
sufficient to prevent damage to structures or public improvements
within or adjacent to the area to be subdivided. Recommended cor-
rective measures may be required conditions of improvement plans
and building permits. )
K. In potential noise problem areas identified in the noise element
of the general plan, specific site analysis by an acoustical en-
gineer or other approved professional with qualifications in
acoustic design may be required by the Community Development
Director . Such study shall define the noise exposure problems,
conclusions and recommendations for corrective or mitigating mea-
sures, when necessary, and opinions and recommendations covering
the suitability of the site for development;
L. Preliminary title report (current within six months) ;
M. An authorization consenting to the proposed subdivision signed by
all parties having a fee title interest in the property to be
subdivided;
N. In areas where septic systems will be utilized for waste disposal,
a percolation test for each lot.
O. Any other information which the Community Development Director
determines is necessary for full evaluation of the proposed subdi-
vision.
11-5.005 Application requirement
The subdivider shall provide the community development department
with as many copies of the tentative map and supplementary material as
requested by the Community Development Director , plus one transparent
copy of the tentative map reduced to eight and one-half inches by ele-
ven inches.
-24-
am&I i
• r
Chapter 6
FINAL MAP FORM, PREPARATION AND OTHER REQUIREMENTS
Sections:
11-6.001 General preparation requirements.
11-6.002 Form and contents.
11-6.003 Title sheet of final tract map.
11-6.004 Statements, documents and other data to accompany final
tract map.
11-6.005 Separated property.
11-6.006 Final parcel maps - preparation.
11-6.001 General preparation requirements.
Final tract maps shall be prepared by or under the direction of a
registered civil engineer or licensed land surveyor , shall be based on
survey, and shall substantially conform to the approved or condition-
ally approved tentative tract map. They shall be prepared in accor-
dance with the Subdivision Map Act and the provisions set forth in
Sections 11-6.002 through 11-6.005.
11-6.002 Form and contents.
A. The final tract map shall be legibly drawn, printed or reproduced
by a process assuring a permanent record in black on durable,
transparent material. All lines, letters, figures, certificates,
affidavits and acknowledgments shall be legibly stamped or printed
upon the map with waterproof opaque ink. If ink is used on poly-
ester base film, the ink surface shall be in such condition when
filed so that legible prints may be made from it. An eight-
and-one-half inch by eleven inch reduced transparency of each
sheet shall be delivered to the City Engineer.
B. Each sheet of the final tract map shall be eighteen inches by
twenty-six inches, with a marginal line drawn on all sides, leav-
ing a one-inch blank margin. The map shall be to a minimum scale
of one inch equals one hundred feet unless otherwise approved by
the City Engineer. Drafting symbols shall be as shown in the
standard details adopted by the City.
C. The particular number of the sheet and the total number of sheets
comprising the map shall be stated on each of the sheets, and its
relation to each adjoining sheet shall be clearly shown. A map
containing more than four (4) sheets shall have a key map.
D. Each sheet of the final tract map shall state the number and name,
if any, of the tract, the scale and north point.
E. The map shall show all survey data necessary to locate all monu-
ments and to locate or retrace all interior and exterior boundary
-25-
lines, lot lines, and block lines appearing on the final tract
map, including bearings and distances, to the nearest one-hun-
dredth foot, of straight lines, and radii and arc length or chord
bearings and length for all curves, and such information as may be
necessary to determine the location of the centers of curves and
ties to existing monuments used to establish subdivision boun-
daries. When bearings or lengths of lot lines in any series of
lots are the same, those bearings or lengths may be omitted from
each interior parallel lot line of the series. Any nontangent
curve shall have either a bearing on the radial at the beginning
of curve
or end of curve or on the true tangent. Each re-
quired bearing and length shall be shown in full; no ditto marks
or other designation of repetition shall be used.
F. The final tract map shall show monuments found or set in the man-
ner described in subsection E of this section. If monument set-
ting has been deferred, the map shall note which monuments are in
place and which are to be set noting a specific date. Securities
shall be posted with the City Engineer insuring the monuments will
be set.
G. The final tract map shall show the definite location of the sub-
division, particularly in relation to surrounding surveys.
H. Lots shall be numbered consecutively beginning with the numeral
"1" and continuing without omission or duplication throughout the
entire subdivision. No prefix or suffix or combination of letter
and number shall be used. Each lot shall be shown entirely on one
sheet.
I. Blocks shall not be designated by number or letter .
J. The area of each lot containing one acre or more shall be shown to
the nearest one-hundredth acre; the area of each lot containing
less than one acre shall be shown to the nearest square foot.
K. The boundary lines of the subdivision shall be clearly identified
and emphasized by a distinctive ink border, approximately one-
eighth inch wide, applied on the reverse side of the tracing and
outside the boundary line. The line shall be of such density that
it can be transferred to a blue line print without obliterating
any line, figure or other data appearing on the map. The tract
boundary shall be based on record data on file at the office of
the county recorder and must be re-established by methods common-
ly accepted in the field of surveying and in accordance with state
law. The method of survey and basis of bearing shall be clearly
indicated on the final map.
L. The centerline or side lines of each easement to which the lots in
the subdivision are subject shall be shown upon the final tract
I'R map. If such easement cannot be definitely located from the rec-
ords, a statement showing the existence of such easement shall be
placed on the title sheet of the final tract map and the approxi-
mate location shall be shown. All easements shall be designated
-26-
on the final tract map Y b fine dashed lines. Distances and bear-
ings on the side lines of lots which are cut by easements shall be
so arrowed or shown that the final tract map will indicate clearly
the actual length and bearing of each lot line. The width of such
easement or the lengths and bearings of the side lines and suffic-
ient ties thereto to locate it definitely with respect to the sub-
division shall be shown. Each easement shall be clearly labeled,
identified and marked as to nature and purpose, and if already of
record, its record reference shall be shown; if not of record, a
statement of such easement shall be placed on the title sheet of
the final tract map. If such easement is being dedicated by the
final tract map, it shall be properly set out in the owner ' s cer-
tificate and dedication on the title sheet of the map. All notes
or figures pertaining to existing easements shall be smaller and
lighter than those relating to the subdivision itself. Figures
pertaining to easements shall be subordinated in form and appear-
ance to those relating to the subdivision.
M. Each street, or other public way or public utility right-of-way
within the boundaries of the subdivision shall be shown on the
final tract map. The centerline and width of each street shall be
shown, and, in the case of a proposed street or way, the width of
that portion to be dedicated, if any, shall also be shown. On
each centerline, the bearing and length of each tangent and ra-
dius, central angle and length of each curve shall be indicated.
N. In the event the City Engineer, State Highway Engineer , or County
Engineer shall have established the centerline of any street in or
adjoining the subdivision, such centerline shall be shown and the
monuments which determine its position indicated with reference to
a field book or map showing such centerline. If such position is
determined by ties, that fact shall also be indicated on the map.
O. The location, width and extent of future streets and alleys shall
be shown on the final tract map and shall be offered for dedica-
tion as public streets by a dedicatory clause conforming to the
requirements of the Subdivision Map Act.
P. Any street or way which is intended to be kept physically closed
to public travel or posted as a private street at all times may be
shown as a private street. Sufficient data shall be shown on each
private street to define its boundaries and to show clearly the
portion of each lot within such street. In order to provide for
utility service to individual lots, such streets may be offered
and accepted as public utility easements.
Q. The names of all streets and highways within and/or adjacent to
the subdivision shall be shown on the final map, spelled out in
full and including suffixes such as "road" , "street" , "avenue" ,
"place" , "court" or other designation.
R. All watercourses, storm drains and areas subject to inundation
during a one-hundred-year storm shall be outlined and marked on
the final tract map and shall be covered by easements for access
and maintenance. Elevations of floodwater based on City datum
-27-
f
shall be noted on the map. All other natural watercourses or bod-
ies of water shall also be delineated. The City Engineer may re-
quire that a benchmark monument or monuments be set and shown on
the final map.
S. All areas shown on the final tract map which do not constitute a
part of the subdivision shall be labeled "not a part" or "N.A.P. "
All lines delineating those areas shall be dashed.
T. Any City boundary crossing or adjoining the subdivision shall be
shown on the final tract map.
U. The total acreage within the subdivision shall be stated on the
final tract map.
V. When a subdivision is of a portion of any unit or units of im-
proved or unimproved land, the map may designate as a remainder
that portion which is not divided for the purpose of sale, lease
or financing. Such designated remainder parcel need not be indi-
cated as a matter of survey, but only by deed reference to exist-
ing boundaries of such remainder if such remainder has a gross
area of five acres or more. If so designated, such remainder par-
cel shall be treated as set out in Section 66424.6 of the Cali-
fornia Government Code, or its successor section, as it may be
amended from time to time.
11-6.003 Title sheet of final tract ma
The title sheet of each final tract map shall contain:
A. A title consisting of the number and name of the tract, if any,
and the words "in the City of Atascadero" ;
B. A description of all of the real property being subdivided, refer-
ring to such map(s) as have been previously recorded or filed with
the County Recorder pursuant to a final judgment in any action in
partition. When necessary for greater clarity or definiteness,
supplemental reference may be made to any other map on file in the
office of the county recorder. Each reference to any tract or
subdivision shall be so noted as to be a unique description and
must show a complete reference to the book and page records of the
county;
C. A certificate signed and acknowldged by all parties having any
record title interest in the real property subdivided, consenting
to the preparation and recordation of the final tract map, subject
to the exceptions and under the conditions set out in Section
66436 of the California Government Code.
D. In the case of final maps filed for reverting subdivided land to
acreage, the title sheet shall carry a subtitle consisting of the
words "a reversion to acreage of (description as required) " ;
E. A basis of bearing shall be shown on every map containing a field
survey. A basis of bearing is a line or record which has been
re-establishe-d based on points found on the line. The points
-28-
shall be the same points used to identify the line on the map of
record which shows the line' s bearing;
F. In case of dedication or offer of dedication, a certificate signed
and acknowledged by those parties having any record title interest
in the real property subdivided, offering certain parcels of real
property for dedication for certain specified public use, subject
to such reservations as may be contained in any such offer, as
required by the Subdivision Map Act. If the offer includes dedica-
tion for street or highway purposes, and the council has so re-
quired, the certificate shall include a waiver of direct access
rights from any property shown on the final map as abutting on the
street or highway;
If any street shown on the final map is not offered for dedica-
tion, the map certificate shall contain a statement to that ef-
fect. If such a statement appears on a map approved by the coun-
cil, public use of such street shall be permissive only but shall
include use by emergency vehicles. Map certificates shall state
the extent to which any street not offered for dedication is of-
fered as a public utility easement.
An offer of dedication for utility or street purposes shall be
deemed not to include any public facilities located within the
area being dedicated unless, and only to the extent, the intent to
dedicate such facilities is expressly stated in the certificate;
G. The following certificates for execution as specified and as re-
quired by the State Subdivision Map Act.
1. "CITY COUNCIL' S CERTIFICATE`
I hereby certify that this subdivision was duly adopted and
approved and (the dedication of all streets and easements
shown hereon were accepted, accepted subject to improvement,
rejected without prejudice) was accepted by the Council of
the City of Atascadero on , 19 ,
and that the City Clerk was duly authorized and directed to
endorse hereon its approval of the same.
Dated:
Boyd C Sharitz, City Clerk
• 2. ' CITY PLANNING COMMISSION CERTIFICATE -
Tfi s is o cer i y that I have examined this map and have
determined that said map substantially conforms to the tenta-
tive map as approved by the Planning Commission of the City
of Atascadero on , 19 and the con-
,ditions imposed thereon.
Date:
Henry- Engen
Secretary of the Planning
Commission
-29-
3. TRACT MAP NO. /OR
PARCEL MAP AT
Being a subdivision of (or : adjustment of the lines between)
. . . .brief legal. . . . , in the City of Atascadero, County of San
Luis Obispo, State of California. (If applicable add "of the
Atascadero Colony" after legal description but before "in the
City of Atascadero) .
4. OWNER' S CERTIFICATE
(I, We) , the undersigned, hereby certify that (I , We) (are,
am) (all) the owner (s) of, and all recordholder (s) of securi-
ty interest in, and all parties having any record title in
the real property included within the subdivision and project
shown on this map, and that each of us does hereby consent to
the filing and/or recordation of this map as shown within the
colored border lines. And we hereby (add dedications or
easement reservations or relinquishment of access rights.
Must be specific as to type of dedication/easement and
whether public or private) .
We hereby dedicate to the public for public use and the bene-
fit of the several public utility companies which are author-
ized to serve in said subdivision, easements for public util-
ity purposes, delineated on said map as "Public Utility Ease-
ment" or P.U.E. .
(owner) (owner)
5. ACKNOWLEDGEMENT
State of
County of
On , 19 , before me, the undersigned
a notary public in and for said state, personally appeared
(owners name (s) ) personally known to me, or proved to me on
the basis of satisfactory evidence, to be the person(s) whose
name (s) (is, are) subscribed to the within instrument and
acknowledged to me that (he, she, they) executed the same as
owner (s) .
Witness my hand and official seal.
(notary signature) SEAL
6. ENGINEER' S/SURVEYOR'S STATEMENT
This map was prepared by me or under my direction (and is
based upon a field survey) (and was compiled from record
data) in conformance with the Subdivision Map Act and local
ordinances, at the request of (name) on
(date) I hereby state that it conforms to the ap-
proved or conditionally approved tentative map, if any.
(signature) (expiration date)
R.C.E. (No. ) SEAL
(name) (or L.S. )
-30-
i r
7. MONUMENT STATEMENT
I, (engineer/surveyor ' s name) hereby state that all monu-
ments are of the character and occupy the positions shown,
(or that they will be set in such positions on or before
(date) ) . The monuments shown hereon are (or will be)
sufficient to enable the survey to be retraced.
Engineer/Surveyor signature SEAL
8. COUNTY RECORDER'S CERTIFICATE
Filed this day of 19 at
, M. in Book of (Parcel) Maps, at page
at the request of
Document No. :
Fee:
By:
County Recorder Deputy
9. UNPLOTTABLE EASEMENTS
There are certain unplottable easements affecting this
property.
(name) (document #)
10. CITY ENGINEER' S CERTIFICATE (TRACT MAPS ONLY)
I hereby certify that I have examined this Subdivision Map,
that the subdivision as shown hereon is substantially the
same as it appeared on the tentative map, that all provisions
of the Subdivision Map Act and the Subdivision Ordinance of
the City of Atascadero have been complied with and that I am
satisfied that this map is technically correct.
Dated:
(name) or City Engineer R.C.E. #
11. CITY ENGINEER'S CERTIFICATE (PARCEL MAPS)
This map conforms to the requirements of the Subdivision Map
Act and local ordinances.
Date:
(name)
City Engineer R.C.E. #
11-6.004 Statements, documents and other data to accompany final_
tract map.
A. If any part of an area to be subdivided, lot or parcel, is subject
to flood hazard, inundation, or geological hazard, it shall be
clearly shown on the final tract map by a prominent note on each
sheet whereon such conditions exist. Benchmark location shall be
shown on the final map if required by the City Engineer .
B. When a soils or geological report has been prepared, this fact
shall be noted on the final tract map, together with the date of
the report and the name and address of the soils engineer or ge-
ologist making the report and the name and address of the person
making the report. The note shall indicate any soil problems that
-31-
exist. The City shall keep those reports on file for public in-
spection in the office of the Community Development Director.
C. If a noise analysis has been prepared, as provided in these regula-
tions, this fact shall be noted on the final tract map, together
with the date of the report. The City shall keep these reports on
file for public inspection in the office of the City Engineer.
D. A copy of the required covenants, conditions and restrictions
shall be submitted with the final tract map.
E. Copies of reference maps, deeds, traverses of the boundaries or of
the parcels being created and whatever other information is re-
quired by the City Engineer to verify the accuracy of the survey.
F. If all required improvements have not been accepted by the City
prior to filing of the final map, an agreement and bond, as pro-
vided by these regulations, shall be submitted.
G. No final tract map shall be accepted by the City Engineer unless
it is accompanied by a certification of the county tax collector
that there are no liens for unpaid state, county, municipal or
local taxes or special assessments collected as taxes, except
taxes or special assessments not yet payable, against any of the
land to be subdivided.
H. No final tract map shall be accepted unless it is accompanied by a
preliminary title report and subdivision guarantee issued by a
title company authorized by the laws of the state to write such
insurance, showing the names of all persons having any record ti-
tle interest in the land to be subdivided and the nature of their
respective interest. The title report or subdivision guarantee
shall be less than ten (10) days old.
I. A nonrefundable filing fee in the amount prescribed by resolution
of the council shall accompany the final tract map.
1.1-6.005 Separated property.
When property is separated or divided by any parcel of land other
than a public right-of-way and when the property is not contiguous
(exclusive of such rights-of-way) , each portion of the property so
separated or divided shall be divided as a separate parcel and shall
be shown on a separate map.
11-6.006 Final 2arcel maps - Preparation.
Final parcel maps shall be prepared by or under the direction of
licensed land surveyor or registered civil engineer , shall substan-
tially conform to the approved or conditionally approved tentative
parcel map, shall be prepared in the manner required by the Subdivi-
sion Map Act and with the following exceptions, shall comply with the
requirements of Sections 11-6.001 through 11-6.004:
-32-
I � �
1
A. Normally, a final parcel map shall be labeled by number (s) only;
B. The certificate dedicating or offering dedication may be combined
with the owner ' s certificate;
C. There shall be a certificate for execution by the Community Devel-
opment Director instead of those of the city clerk and planning
commission certifying to the information of the sort contained in
those certificates;
D. The final parcel map shall be based upon a field survey made in
conformity with the Land Surveyor ' s Act.
-33-
4�..
Chapter 7
LOT LINE ADJUSTMENT
Sections:
11-7.001 Application for lot line adjustment.
11-7 .002 Criteria for lot line adjustment.
11-7.003 Procedures for lot line adjustment.
11-7.001 Application for lot line adjustment.
Application for lot line adjustment shall be in the same form as
prescribed for tentative parcel maps (see Section 11-5.001) , except
that a record of survey may be filed in place of a tentative map.
11-7.002 Criteria for lot line adjustment.
A. A lot line adjustment shall be limited to the movement of a lot
line roughly parallel to its existing location.
B. The overall orientation of the lots shall remain unchanged.
11-7.003 Procedures for lot line adjustment.
A. The procedures for staff review, and Community Development Direc-
tor ' s action on lot line adjustments shall be as provided in Chap-
ter 11-5 for tentative parcel maps.
B. Upon a determination by the Community Development Director that
the parcels resulting from the lot line adjustment will conform to
the City' s zoning ordinance and building regulations, that the
environmental protection measures established by the City will be
complied with, and that the lot line adjustment will not result in
a greater number of buildable parcels than originally existed, the
lot line adjustment shall be approved.
C. Conditions or exactions imposed on the approval of a lot line ad-
justment shall be limited to those necessary to insure conformance
with the City' s zoning ordinance and building regulations, facili-
tate the relocation of existing utilities, infrastructure, and/or
easements.
D. Upon acceptance of all certificates, guarantees, and other docu-
ments which are required in conjunction with the lot line adjust-
ment, the Community Development Director may file a certificate of
compliance, which shall refer to the approved lot line adjustment
map, for each parcel affected by the change and shall cause a rec-
ord of survey, deed, or a final map to be recorded in the office
of the county recorder .
-34-
E. The Director ' s action may be appealed as provided in Chapter
11-15.
-35-
Chapter 8
SUBDIVISION DESIGN AND IMPROVEMENTS
Section:
Article I. General Considerations
11-8.101 General considerations.
Article II. Lots
11-8 .201 General requirements.
11-8.202 Lot dimensions.
11-8. 203 Solar orientation.
11-8.204 Reserved.
11-8.205 Multiple frontages.
11-8.206 Depth-width relationship.
11-8.207 Lot lines.
11-8.208 Taxing district boundary.
11-8 .209 Flag lots (deep lot subdivision) .
Article III. Streets
11-8. 301 General requirements.
11-8.302 Access restrictions.
11-8 .303 Street names.
11-8.304 Slope easements.
11-8 .305 Street types and requirements.
Article IV. Design Criteria and Improvement Standards
11-8. 401 General requirements.
11-8.402 Improvements.
Article I. General Considerations
11-8 .101 General considerations'
The layout of streets and lots within a subdivision shall be con-
sistent with the densities and types of uses authorized by the general
plan, specific plans and zoning. The subdivision design shall also
recognize the physical conditions of the site, such as slope, soil
types, and adjacent land use, which may further limit uses of the
property. The subdivider must simultaneously consider such factors as
terrain, solar exposure, development objectives, and options available
under these regulations in order to design a subdivision which best
meets the needs of those who will occupy it as well as the community
as a whole.
-36-
Article II. Lots
11-8 . 201 General requirements .
The design of lots should be based on intended use, topography and
access requirements. Lots which are impractical for intended uses due
to terrain, location of natural features, inadequate access, frontage,
or buildable area, or other physical limitations will not be approved.
11-8.202 Lot dimensions .
Each lot shall have the minimum area and dimensions indicated in
the zoning ordinance for the zone in which it is located, unless
otherwise increased by the provisions of this article. Each lot shall
front on a street, or approved ingress and egress easement.
11-8.203 Solar orientation .
The Iongest dimension o -each lot shall be oriented within thirty
degrees of south, unless the subdivider demonstrates that for certain
lots:
A. The lots are large enough to allow proper building orientation and
maximum feasible control of solar exposure by the lot owner, re-
gardless of lot orientation;
B. Buildings will be constructed as part of the subdivision project
(as in condominium or planned development) , and the buildings
themselves will be properly oriented, with adequate solar expo-
sure;
C. Topography makes variations from the prescribed orientation desir-
able to reduce grading or tree removal or to take advantage of a
setting which favors early morning or late afternoon exposure, or
where topographical conditions make solar energy infeasible;
D. The size of the subdivision in relation to surrounding streets and
lots precludes desirable lot orientation.
11-8.204 Reserved .
11-8.205 Multiple frontages .
Single family residential lots with frontage on more than one
street are discouraged, except for corner lots or where topography
makes a single frontage impractical. The City may require the release
of access rights on one frontage which shall be noted on the subdivi-
sion map.
11-8.206 Depth-width relationship .
Lots with a ratio of depth to width greater than three shall not
be permitted unless there is adequate assurance that deep lot subdivi-
sion will not occur or that deep lot subdivision and subsequent devel-
opment will be accomplished without detriment to adjacent properties.
11-8.207 Lot lines.
-37-
i 0
A. Lot lines should be at the top of slope banks.
B. Side lot lines should be perpendicular to the street on straight
streets, or radial to the street on curved streets, unless another
angle would provide better building orientation for solar exposure
or more lot area to the south of the likely building site.
C. On corner lots, the intersection lot lines adjacent to streets
shall be rounded with a twenty-foot radius.
11-8.208 Taxing district boundary.
No lot shall be divided by a taxing district boundary.
11-8.209 Flag lots (deep lot subdivisions) .
Flag lots may be approved for subdividing deep lots subject to the
following findings: (1) the subdivision is consistent with the char-
acter of the immediate neighborhood; (2) the installation of a stan-
dard street, either alone or in conjunction with neighboring proper-
ties is not feasible; and (3) the flag lot is justified by topograph-
ical conditions. Such subdivisions shall conform with the following.
A. The accessway serving the flag lot (s) shall not be included in the
determination of required lot area for any lot.
B. The original lot shall have frontage on a dedicated street of at
least the minimum length required by these regulations for the
zone in which it is located, plus the accessway required to poten-
tial rear lots.
C. The accessway to the rear shall be at least twenty feet wide (de-
veloped to City standards) for residential zones, except where the
accessway is more than one hundred fifty feet long, it shall be at
least twenty-four feet wide with twenty feet of pavement. For all
other zones, the accessway shall be at least thirty feet wide with
a paved roadway at least twenty-four feet wide.
D. Each lot shall have yards as required by the zoning regulations,
including a ten (10) foot setback along any accessway, whether
easement or lot line.
E. The lot farthest from the street shall own the accessway in fee.
Other lots using the accessway shall have an access and utility
easement over it.
F. Lots utilizing the accessway of a flag lot may be required to en-
ter into a road maintenance agreement to insure perpetual mainten-
ance and repair of the accessway.
G. A reflectorized house number master sign shall be located at the
intersection of the street and accessway and individual reflector-
ized address signs shall be placed on the right hand side of the
driveway to each individual lot.
Article III. Streets
-38-
11-8.301 General requirements.
A. The design of a subdivision street system should result from an
evaluation of topographical conditions, the traffic likely to be
generated by the types and numbers of planned uses, and the pur-
pose of each street. The street system must allow an acceptable
pattern of lots.
11-8.302 Access restrictions.
Reserve strips of land to control access from adjoining property
to public streets may be required by the City. Such reserve strips
shall be at least one foot wide. They shall be shown and clearly la-
beled on the final map. Access restrictions may also be incorporated
by note on the map.
11-8.303 Street names.
Streets which are continuations of existing streets shall have the
same names. Streets which are not continuations or which have signif-
icantly changed alignments shall have names which do not duplicate or
closely resemble any other street names. Names for proposed streets
shall be submitted on the tentative map for approval by the City.
Street names shall be of Spanish origin or shall honor a nonliving
individual of historic significance to the community.
11-8.304 Slope easements.
Where excavation or fill slopes extend beyond the street right-of-
way, easements for the slopes may be required by the City.
11-8.305 Street types and requirements.
Requirements (i.e. , travel lane width, right-of-way width, etc. )
for various types of streets shall be as established by the City Eng-
ineer and Director of Public Works.
Article IV. Design Criteria and Improvement Standards
11-8.401 General requirement.
The design criteria for subdivisions and the required physical
improvements for them shall be in compliance with the City' s grading
ordinance, zoning regulations, subdivision standards and other appli-
cable regulations or standards.
11-8.402 Improvements.
Improvement work, including grading, shall not be commenced until
plans for all such work have been approved by the City Engineer . All
improvements shall be constructed under the inspection of and to the
satisfaction of the City. Improvements to be installed by the subdi-
vider, in accordance with the subdivision standards established by the
Public Works Department, include the following:
A. Streets, curb, gutters, and sidewalks as required by the City
Engineer.
B. The subdivider shall make provisions for any railroad crossing
necessary for the subdivision, including application to the Cali-
-39-
fornia Public Utilities Commission.
C. Separate bicycle paths or bicycle areas may be required.
D. Storm drainage, erosion and flood-control facilities shall be con-
structed for the collection and transmission of stormwater from
the subdivision to the nearest point of disposal which is satis-
factory to the City Engineer . The subdivider shall be responsible
for proper drainage of all stormwater which runs onto his property
from adjacent properties.
Storm runoff shall not be discharged into the public sanitary sew-
er system. Perennial creeks should not be culverted or enclosed
and intermittent streams shall be kept open unless there is no
feasible alternative for development of the property. When water-
ways are bridged, such bridging shall be accomplished by a clear-
span structure, if feasible.
E. Durable boundary monuments shall be installed and shown on the
final map.
F. Street name signs and traffic control and warning signs shall be
installed as specified by the City Engineer. Traffic signals and
traffic signal control conduits may be required by the City Engi-
neer.
G. Utilities to be installed by the subdivider shall include those
listed in this subsection. The development of these facilities
may require financial contribution for previous improvements to
the systems, as provided in the most recent council resolution on
utility connection charges, or in any agreement affecting a par-
ticular portion of a system, or applicable easement.
1. Sanitary sewer laterals shall be stubbed to the front prop-
erty line of each lot if sanitary sewers are available. All
facilities for the transmission of sewage from each of the
lots to the nearest adequate point of connection to the
City' s sewer system shall be installed as acceptable to the
City Engineer.
Sewer lines need not be provided to lots which will be in perpet-
ual open space use.
All sewer mains shall be located within a dedicated City street or
alley or within a recorded easement. (The City may make available
its powers of condemnation, if needed, to acquire a sewer easement
for development of a subdivision. All costs shall be borne by the
subdivider. ) All manholes not within a street or paved drive
shall be within an easement to the City and accessible by an all-
weather dust-free road.
2. A water system for domestic service and fire protection shall
be provided, including all facilities necessary for the
transmission of water to each lot of the proposed subdivision
from the nearest point of adequate supply, satisfactory to
-40-
0
the City Engineer and Fire Marshall. Water service shall be
stubbed to a meter vault at the front of each lot. Pumping
and storage equipment to provide sufficient volume and dura-
tion of flow of water shall be provided as determined by the
Atascadero Mutual Water Company and City Fire Marshall. Fire
hydrants shall be installed according to the City fire code
and to the satisfaction of the Fire Marshall and City Engi-
neer. Water lines need not be provided to lots which will be
in perpetual open space use and which will not require irri-
gation or fire suppression. The Fire Marshall may determine,
however , that fire hydrants are required.
3. Electric power, gas and telephone services shall be stubbed
to each lot and all facilities to distribute such services
shall be provided according to the requirements of the re-
sponsible utility companies.
4. Cable television service may be required.
5. Fire alarm conduit may be required by the Fire Marshall.
H. All new utility distribution facilities shall be placed under-
ground, except accessory facilities such as terminal boxes, meter
cabinets and transformers may be installed above ground. The sub-
divider shall make all necessary arrangements with the utility
companies for these facilities.
I. The subdivider shall carry out protective measures as required by
the City to assure the proper functioning and maintenance of other
required improvements and properties adjacent to the subdivision.
Temporary protective improvements may be required prior to or con-
current with the construction of permanent improvements.
-41-
Chapter 9
DEDICATIONS
Sections:
11-9.001 General requirements.
11-9.002 Offer to dedicate easements to remain open.
11-9.003 Waiver of direct street access.
11-9.004 Title insurance for dedication.
11-9.001 General requirements.
All parcels of land intended or needed for public use shall be of-
fered for dedication to the City before any subdivision is approved-
typically, when the final map is filed. The subdivider shall grant
whatever land or easements the City determines are necessary to ful-
fill the purposes of these regulations. Such dedication of parcels or
easements and improvements may be required for the following uses:
A. Streets and alleys, including future streets;
B. Private streets (conditional dedication) for emergency services;
C. Pedestrian and bicycle paths, or sidewalks;
D. Bus stops;
E. Public utilities;
F. Natural watercourses, storm drains and flood-control channels;
G. Public access, including access for maintenance or fire
protection;
H. Protection of scenic and environmentally sensitive lands;
I. Street trees;
J. Parks and recreation facilities;
R. Protection of slope banks, areas subject to flooding, and other
potentially hazardous areas;
L. School sites as may be necessary in accordance with the Subdivi-
sion Map Act;
M. Sites to be preserved for public use as provided in the Subdivi-
sion Map Act;
-42-
i •
N. Such other public purposes as the City may deem necessary, pro-
vided the amount of property required to be dedicated bears a
reasonable relationship to the increased need for public facili-
ties created by the subdivision.
11-9.002 Offer to dedicate easements to remain open.
If, at the time the final tract map or parcel map is approved, any
of the easements set out in Section 66477 .2 of the California Govern-
ment Code are rejected, the offers of dedication shall be irrevocable
and the council may, by resolution at any later date and without fur-
ther action by the subdivider, rescind its action and accept and open
any of these easements for public use. The acceptance shall be re-
corded in the office of the County Recorder.
11-9 .003 Waiver of direct street access.
The City may require that any dedication or offer of dedication of
a street shall include a waiver of direct access rights to such street
from any property shown on a final tract map or parcel map as abutting
thereon, and that if the dedication is accepted, such waiver shall
become effective in accordance with the provisions of the waiver of
direct access.
11-9.004 Title insurance for dedication.
Before a final map is recorded, or if dedication and offers of
dedication are supplemented by separate instrument, before such in-
strument or instruments are recorded, a policy of title insurance
shall be issued for the benefit and protection of the City. Any ex-
pense involved in complying with the provisions of this section shall
borne by the subdivider.
-43-
Chapter 10
SUBDIVISION IMPROVEMENT REQUIREMENTS
Sections:
11-10.001 General requirements.
11-10.002 Preparation and form of improvement plans.
11-10.003 Grading plan.
11-10.004 004 Plan check fees.
11-10.005 Commencement of improvement work.
11-10.006 Inspection of improvement work.
11-10.007 Coordination of improvement work.
11-10.008 Improvements waived.
11-10.009 Oversizing improvements reimbursements.
11-10.010 Improvement agreement.
11-10.011 Form, filing and term of improvement agreement.
11-10.012 Minimum agreement provisions.
11-10.013 Additional agreement provisions.
11-10.014 Improvement security required.
11-10.015 Form, filing and term of improvement security.
11-10.016 Labor and materials.
11-10.017 Liability for alterations or changes.
11-10.018 Release of improvement security - Assessment district
proceedings.
11-10.019 Release of improvement security - Completion of work.
11-10. 020 Withholding building permits.
11-10.021 Acceptance of improvements.
11-10.022 Deferral of improvements for parcel maps.
11-10.001 General requirements.
All improvements shall conform to these regulations and the sub-
division standards. Improvement plans shall be completed by the sub-
divider ' s engineer prior to the acceptance of the final map for fil-
ing. Improvements not completed shall be guaranteed or bonded for, at
the option of the City, prior to filing the final map.
11-10.002 Preparation and form of improvement plans.
A. Improvement plans shall be prepared by a registered civil engineer
and shall show full details of all improvements required to be
installed by the provisions of these regulations, and of all other
improvements proposed to be installed by the subdivider within any
street, alley, pedestrian way, easement or other public area or
right-of-way. Full details shall include cross sections, plans,
profiles, estimated costs and specifications. Preliminary plans
may be submitted prior to the final plans to allow time for check-
ing and correction.
-44-
0 0
B. The form, layout, scale and other particulars of the plans, and
the number of copies .to be provided, shall be in accordance with
the requirements of the City Engineer.
11-10.003 Grading plan.
A grading plan and specifications prepared substantially in accor-
dance with the preliminary grading plan approved as part of the ap-
proved or conditionally approved tentative map shall be submitted as
part of the improvement plans. A permit must be obtained in accord-
ance with the provisions of the City' s grading regulations.
11-10.004 Plan check fees.
At the time of the submission of the final improvement plans, the
subdivider shall pay a fee for plan checking, in an amount established
by resolution of the council.
11-10.005 Commencement of improvement work.
Prior to the commencement of construction or installation of any
improvements within any street, alley, path, easement or other public
area or right-of-way, improvement plans shall have been approved by
the City Engineer and Encroachment Permits issued.
11-10.006 Inspection of improvement work.
All improvements shall be constructed under the inspection of the
City Engineer and the subdivider shall cause all such improvement work
to be inspected at all times as the City Engineer may establish. The
subdivider shall pay an inspection fee, in an amount established by
resolution of the City Council, and enter into an Inspection Agree-
ment, prior to the commencement of construction of the improvements.
11-10.007 Coordination of improvement work.
All work and improvements contemplated by and performed under the
provisions of these regulations shall be accomplished so as to coordi-
nate and minimize interference with other private or public develop-
ment and to minimize its threat to public safety.
11-10.008 Improvements deferred or waived.
The council may defer or waive all or a portion of the improve-
ments which would otherwise be required if the subdivision map is for
the purpose of consolidating existing lots and unsubdivided parcels,
eliminating abandoned streets or alleys, or adjusting boundaries, when
there is not public need for such improvements, or such improvements
are not immediately necessary.
11-10.009 Oversizing improvements reimbursements.
As a condition of approval of a tentative map, it may be required
that improvements installed by the subdivider for the benefit of the
subdivision be of a supplemental size, capacity or number for the ben-
efit of property not within the subdivision, and that the improvement
be dedicated to the public. If such condition is imposed, provision
for reimbursement to the subdivider , in the manner provided by the
Subdivision Map Act, shall be contained in the subdivision improvement
agreement entered into pursuant to these regulations, prior to any
work being undertaken.
-45-
• •
11-10.010 Improvement agreement.
If the required improvements are not satisfactorily completed
before a final map is filed, the subdivider shall enter into an agree-
ment with the City to make all improvements as may be required upon
approval of such map.
11-10.011 Form, filing and term of improvement agreement.
A. The improvement agreement shall be in writing, shall be approved
as to form by the City Attorney, and shall be secured and condi-
tioned as provided in this chapter . The agreement shall be re-
corded prior to or simultaneously with the final map.
B. The improvement agreement shall be complete, subject to council
approval, and on file with the City Engineer before the final map
is filed for recording. The term of each improvement agreement
filed pursuant to the provisions of this section shall begin on
the date of recording and end upon the date of completion of ful-
fillment of all terms and conditions contained therein, to the
satisfaction of the council.
11-10.012 Minimum agreement provisions.
The agreement shall include the following provisions as minimum
terms and conditions:
A. Mutually agreeable terms to complete all required improvements at
the subdivider ' s expense;
B. A provision that the subdivider shall comply with all requirements
of these regulations, of this code, and of other applicable laws,
and with all terms and conditions of required improvement permits;
C. A statement indicating a period of time within which the subdi-
vider shall complete all improvement work;
D. A provision that, if the subdivider fails to complete the work
within the specified period of time, or any extended period of
time that may have lawfully been granted to the subdivider, the
City may, at its option, complete the required improvement work
and the subdivider and his surety shall be firmly bound, under a
continuing obligation, for payment of the full cost and expense
incurred or expended by the City in completing such work;
E. Provision for the repair and replacement of defective material and
workmanship of the improvements by the subdivider for a period of
twelve months after the improvements have been accepted by the
council;
F. A provision guaranteeing payment to the City for all engineering
and inspection costs and fees not previously paid and all other
incidental costs incurred by the City in enforcing the agreement.
11-10.013 Additional agreement provisions.
The improvement agreement may also include the following provi-
sions and such other additional terms and conditions as may be re-
-46-
0 •
quired upon approval of the tentative map, or as are determined neces-
sary by the council to carry out the intent and purposes of these reg-
ulations:
A. Provision for the repair, at the subdivider ' s expense, of any dam-
age to public streets which may reasonably be expected to result
from hauling operations necessary for subdivision improvements
required by these regulations, including the importing or export-
ing of earth for grading purposes;
B. Mutually agreeable terms to acquire public easements which are
outside the boundaries of the subdivision, at the subdivider ' s
expense;
C. Mutually agreeable terms to improve, at some undetermined future
date, easements offered and reserved for future public use at the
subdivider 's expense; and providing that such improvements shall
be secured by separate security in the manner prescribed in Sec-
tion 11-11.014, and further providing that the requirements of
this provision shall not delay the release of any other improve-
ment security provided pursuant to Section 11-10.014;
D. Provision for reimbursement to be paid the subdivider under the
provisions of the Subdivision Map Act;
E. A provision that the subdivider shall provide to the City, prior
to the filing of the final map, letters from each utility company
indicating that such companies have agreed to install, and will so
install, the public utilities necessary to serve the subdivision.
11-10.014 Improvement security required.
The subdivider shall secure the foregoing improvement agreement in
an amount determined by the City Engineer to be one hundred percent of
the total estimated cost of the improvements and any additional act to
be performed by the subdivider under the agreement, and such addi-
tional amounts as the council may determine necessary to cover the
costs, reasonable expenses and fees, including reasonable attorney' s
fees, which may be incurred by the City in successfully enforcing the
agreement. The requirement of the improvement security shall not be
waived under any circumstances.
11-10.015 Form, filing and term of improvement security.
A. The improvement security shall be conditioned upon the faithful
performance of the improvement agreement and shall be in one of
the forms provided in the Subdivision Map Act. The form shall be
the choice of the City -in- each improvement agreement. (Improve-
ment security for public utility improvements may be in the form
of a letter of assurance from the utility.)
B. Improvement security shall be filed with the City Engineer, to-
gether with the improvement agreement, before the City accepts the
final map for filing. The form of the improvement security shall
be subject to the approval of the City Attorney.
-47-
i r
C. The term of the improvement security, filed pursuant to the provi-
sions of this section to secure the faithful performance of the
agreement, shall begin on the date of filing and end upon the date
of completion or fulfillment of all terms and conditions of the
improvement agreement, to the satisfaction of the council.
11-10.016 Labor and materials.
When the improvement security provided pursuant to Section 11-10 .
014 is a surety bond, it shall be accompanied by a bond for the secur-
ity of laborers and materialmen in an amount not less than fifty per-
cent of the estimated cost of the improvements. When the improvement
security is a cash deposit or instrument of credit, such security
shall include an additional amount necessary for the protection of
laborers and materialmen, but in no event less than fifty percent of
the estimated cost of the improvements. Security for one hundred per-
cent of the estimated costs, including a factor for inflationary cost
increases, may be required.
11-10.017 Liability for alterations or changes_.
The liability upon the security given for the faithful performance
of the agreement shall include the performance of any changes or al-
terations in the work; provided, however , that all such changes or
alterations do not exceed ten percent of the original estimated cost
of the improvement.
11-10.018 Release of improvement security Assessment district
proceedings.
If the required subdivision improvements are financed and in-
stalled pursuant to special assessment proceedings, upon the furnish-
ing of the contractor of the faithful performance and payment bond
required by the special assessment act being used, the improvement
security of the subdivider may be reduced by the council by an amount
corresponding to the amount of such bonds furnished by the contractor.
11-10.019 Release of improvement security -Completion of work.
A. Improvement security may be released upon the final completion and
acceptance of the work; provided, however , such release shall not
apply to the amount of security deemed necessary by the City Engi-
neer for the guarantee and warranty period, nor to costs and rea-
sonable expense fees, including reasonable attorney' s fees, in-
curred by the City in enforcing the improvement agreement.
B. The council shall, upon report by the City Engineer , accept and
certify the satisfactory completion of improvement work prior to
any release of improvement security covering such work. -
11-10. 020 Withholding building permits.
No building permit or similar entitlement of use shall be issued
for the development of any lot within a subdivision until all required
improvements are substantially completed or bonded for at the discre-
tion of and to the satisfaction of the Community Development Director ;
provided, however, building permits and entitlements may be issued for
the development of a lot designated as a model home site when the Com-
munity Development Director determines:
-48-
A. The construction of all required improvements has progressed to
the extent that completion of and acceptance of the work seems
assured to occur within a reasonable period of time; and
B. The development of the model home sites will not conflict with
work in progress on the construction of therequired Improvements .
11-10.021 Acceptance of improvements.
After the final parcel map or final tract map has been recorded,
all subdivision improvements properly installed in accordance with
previously approved plans and specifications shall be accepted by the
council and the subdivider and any other person having an interest in
such completion shall be notified in writing by the city clerk of ac-
ceptance by the council. At the time of acceptance, the City shall
assume maintenance of the improvements except as otherwise provided in
this chapter. Parcel map improvements may be accepted by the Public
Works and Community Development Directors; tract map improvements will
be accepted by the Council.
11-10.022 Deferral of improvements for parcel maps.
Improvements required for parcel maps may be deferred until a
building permit or other entitlement for development of the parcel (s)
is granted by the City, unless the City Engineer and Community Devel-
opment Director find that completion of improvements is necessary to
protect the public health and safety or is a necessary prerequisite to
the orderly development of the surrounding area. If these findings
are made, the City may require completion of the improvement require-
ments within a reasonable time following approval of the parcel map
and prior to the issuance of permits for development.
-49-
Chapter 11
SUBDIVISION EXCEPTIONS
Sections:
11-11.001 Exception authority.
11-11.002 Required findings and conditions.
11-11.003 Filing applications - Timing of action upon.
11-11.004 Filing applications - Form and content.
11-11.005 Planning Commission or Community Development Director ac-
tion.
11-11.006 Council action
11-11.001 Exception Authority.
Upon the recommendation of the Planning Commission or Community
Development Director , or upon its sole determination, the Council may
authorize exceptions to the requirements or standards imposed by these
regulations; provided, however , that no exceptions may be made to any
requirements imposed by the Subdivision Map Act; and further provided
that nothing in this chapter shall be construed as altering or con-
flicting with the powers and duties of the City to approve variances
from the Zoning Regulations.
11-11.002 Required findings and conditions.
A. Before any exception is authorized, all of the following findings
shall be made:
1. That the property to be divided is of such size or shape, or
is affected by such topographic conditions, that it is im-
possible, impractical or undesirable, in the particular case,
to conform to the strict application of the regulations codi-
fied in this title; and
2. That the cost to the subdivider of strict or literal compli-
ance with the regulations is not the sole reason for granting
the modification; and
3. That the modification will not be detrimental to the public
health, safety and welfare, or be injurious to other prop-
erties in the vicinity; and
4. That granting the modification is in accord with the intent
and purposes of these regulations, and is consistent with the
General Plan and with all applicable specific plans or other
plans of the City.
-50-
B. In granting any exception, the council shall impose such condi-
tions as are necessary to protect the public health, safety and
welfare, and assure compliance with the General Plan, with all
applicable specific plans, and with the intent and purposes of
these regulations.
11-11.003 Filing applications - Timing of action upon.
Exception requests shall be filed with the tentative map and shall
be processed with the map and acted upon concurrently.
11-11.004 Filing applications - Form and content.
A. Applications for exceptions shall be filed, in writing, by the
subdivider with the Community Development Director, upon a form
and in the number of copies required for that purpose.
B. Each application shall state fully the nature and extent of the
exception requested, the specific reasons for it, and the facts
relied upon to reach those conclusions.
11-11.005 Planning Commission or Community Development Director
action.
The Planning Commission (tract map) or Community Development
Director (parcel map) shall separately consider any request for an
exception and shall recommend approval or conditional approval only
after determining that findings can be made which substantiate the
criteria set out in section 11-8 .101.
11-11.006 Council action.
The Council shall consider any request for exceptions, and the
recommendation on such request, at the same time as the council con-
siders the tentative map and shall grant, conditionally grant, or deny
the request.
-51-
Chapter 12
REVERSION TO ACREAGE
Sections:
11-12.001 Purpose.
11-12.002 Initiation of proceedings.
11-12.003 Public hearing.
11-12.004 Required findings.
11-12.005 Required conditions.
11-12.006 Delivery of reversion map to county recorder.
11-12.007 Effect of filing reversion map with the county recorder .
11-12.008 Tax bond not required.
11-12.001 Purpose.
This section is intended to enable the aggregation of subdivided
real property.
11-12.002 Initiation of proceedings.
Proceedings for reversion to acreage may be initiated by the
Council on its own motion or by petition of all of the owners of rec-
ord of the real property within the area to be reverted. The petition
shall contain the following:
A. Adequate evidence of title to the real property within the subdi-
vision;
B. A statement outlining the use, nonuse, viability or lack of neces-
sity for existing easements, offers of dedication or similar
attachments which are to be vacated or abandoned or maintained;
C. Sufficient data to enable the council to make all of the determin-
ations and findings required by this chapter;
D. A final map which delineates dedications which will not be vacated
and dedications which are a condition to reversion, and the bound-
ary of the area to be reverted to acreage;
E. Any other pertinent information as may be required by the Com-
munity Development Director.
11-12.003 Public hearing.
After giving notice as provided in Section 11-4.111, the council
shall hold a public hearing on the proposed reversion to acreage.
11-12.004 Required findings.
Before approving the map, the council shall find that:
A. Dedications or offers of dedication to be vacated or abandoned by
the reversion to acreage are unnecessary for present or prospec-
-52-
tive public purposes; and
B. Either :
1. All owners having an interest in the real property to be re-
verted to acreage have consented to reversion; or
2. None of the improvements required to be made have been made
within two years from the date the final tract or parcel map
was filed for record, or within the time allowed by agreement
for completion of the improvements, whichever is the later;
or
3. No lots shown on the final tract or parcel map have been sold
within five years from the date such map was filed for rec-
ord.
11-12.005 Required conditions.
As conditions of reversion, the council shall require:
A. Dedications or offers of dedication necessary for the purposes
specified by the regulations set out in this title;
B. Retention of all previously paid fees if necessary to accomplish
the purposes of the regulations set out in this ti+-le;
C. Retention of any portion of required improvement security or de-
posits if necessary to accomplish the purposes of this chapter .
11-12.006 Delivery of reversion map to county recorder .
After the hearing and approval of the final reversion to acreage
map by the council, the City Clerk shall transmit the map to the
County recorder for recordation.
11-12.007 Effect of filing reversion map with the county recorder .
A. The filing of the map with the county recorder shall constitute
reversion to acreage of the real property affected, and thereupon
all dedications and offers of dedication not shown thereon shall
be of no further force or effect.
B. When a reversion is effective, all fees and deposits shall be re-
turned and all improvement security released, except those re-
tained pursuant to Section 11-14.001.
11-12.008 Tax bond not required.
A tax bond shall not be required in reversion proceedings.
-53-
Chapter 13
LOT MERGER
Sections:
11-13.101 Purpose.
11-13.102 Application.
11-13.103 Procedures for lot merger.
11-13.101 Purpose.
This section is intended to enable the merger of contiguous par-
cels where the Community Development Director and City Engineer have
determined that requirements for on-site and off-site improvements
have been satisfied or will be imposed as a condition of a future en-
titlement for use of the subject parcel (s) .
11-13.102 Application.
Application for lot merger shall be made in a form prescribed by
the Community Development Director.
11-13.103 Procedures for lot merger.
A. Upon a determination by the Community Development Director and
City Engineer that the lots proposed for merger are legal lots,
that the owners of the subject lots consent to the proposed mer-
ger, and that all public improvements normally required for parcel
-map-appx�ovaDave-_either been---t-nsst-a-1led and--accepted ---r----wi11---be- -
required as part of a future entitlement for use or development of
the subject lot (s) , a certificate of lot merger shall be prepared.
Said certificate shall describe the new exterior boundary of the
lot after merger and shall be recorded in the Office of the County
Recorder.
B. Action of the Community Development Department may be appealed to
the Planning Commission. Appeals must be filed in writing, with
the Community Development Director , within fourteen (14) calendar
days of the action being appealed.
-54-
A i
Chapter 14
FEES
Section:
11-14.001 Council' s authority.
11-14.001 Council's authority.
The Council shall, by resolution, establish fees to be charged of
subdividers, and procedures for collection and refunds for any activi-
ties authorized or required by this title, including appeals and re-
quests for continuance or time extension.
-55-
i
Chapter 15
APPEALS
Sections:
11-15.001 Right to appeal--controlling provisions.
11-15.002 Method and form of appeal.
11-15.001 Right to appeal--Controlling provisions.
Any person may appeal decisions of the Planning Commission or Com-
munity Development Director made pursuant to this title.
11-15.002 Method and form of appeal.
A. Appeals of the decisions of the Community Development Director
shall be made to the Planning Commission in the form prescribed in
Section 9-2.111 of this code.
B. Appeals of the decisions of the Planning Commission shall be made
to the City Council in the form prescribed in Section 971.111 et
seq., of this code.
-56-
Chapter 16
ENFORCEMENT
Sections:
11-16.001 Generally.
11-16.002 Illegal subdivisions--Notification of Community Development
it C or equ red.
11-16.003 �er 1 ica e o compliance--Application--Fee.
11-16.004 Certificate of compliance--Application--Determination.
11-16.005 Certificate of compliance--Recordation.
11-16.006 Illegal subdivisions--Permit issuance prohibited.
11-16.001 Generiklly,
ZxQuyt ab ise provided in this title, the Community Develop-
ment Director is authorized and directed to enforce the regulations
set out in this title and the Subdivision Map Act for subdivisions
within the City.
11-16.002 Illegal subdivisions--Notification of Community Develop-
ment Director required.
Any officer or employee of the City who has knowledge that real
property has been divided in violation of the Subdivision Map Act or
the regulations set out in this title, shall immediately so notify the
Community Development Director. Upon receipt of the information, the
Community Development Director shall file the notices required by the
Subdivision Map Act.
11-16.003 Certificate of compliance--Application--Fee.
A. Any person owning real property, or the agent or representative of
such person, may file an application for a certificate of compli-
ance to determine whether such real property complies with the
provisions of the Subdivision Map Act and of this ordinance. Such
applications shall be filed with the Community Development Direc-
tor, who shall be responsible for the issuance and recordation of
the same. The form of the application shall be prescribed by the
Community Development Director.
B. A nonrefundable fee in an amount specified by resolution of the
Council for each lot or parcel for which a certificate is sought,
shall accompany the application.
11-16.004 Certificate of compliance--Application--Determination.
A. Within fifteen days after the filing of the application for a cer-
tificate of compliance, the Community Development Director shall
grant, conditionally grant, or deny such application.
B. If at any time during the processing of the application for a cer-
-57-
tificate of compliance, the Community Development Director deter-
mines that additional information or data is required, the appli-
cant shall be promptly advised in writing, by mail, of the ad-
ditional material to be supplied before further action will be
taken on the application.
C. If the application for a certificate of compliance is to be con-
ditionally granted, the Community Development Director shall im-
pose all conditions reasonably necessary to protect the public
health, safety and welfare.
D. The applicant shall be notified, in writing, of the action taken
on the application and of the findings of fact supporting the de-
cision. If the application for certificate of compliance is de-
nied, notices shall be recorded as required by Section 11-16. 002.
11-16.005 Certificate of compliance--Recordation.
A. The certificate of compliance shall be filed for recording with
the County Recorder by the Community Development Director. Such
certificate shall identify the real property and shall state that
the configuration thereof complies with applicable provisions of
these regulations and all other provisions of this code regulating
the division of land within the City.
B. A certificate of compliance granted with conditions shall not be
recorded until all conditions have been met, or until assurance
that such conditions will be met, in a form approved by the City
Attorney and accepted by the Community Development Director.
11-16.006 Illegal subdivisions--Permit issuance prohibited.
No board, commission, officer or employee of the City shall issue
any certificate or permit, or grant any approval necessary to develop
any real property within the City which has been divided, or which
resulted from a division, in violation of the provisions of the Subdi-
vision Map Act or of this title.
-58-