City of Ojai, CA SUBDIVISION REGULATIONS

Advisory Agency. The Advisory Agency shall have the duty of reporting on the design and improvement of proposed divisions of real property and shall make recommendations to the Council as to its findings, requirements, conditions, approvals, and disapprovals but shall not be empowered to approve, conditionally approve, or disapprove proposed subdivisions.

Council. The Council shall make all findings required by this chapter and the Act and shall have final jurisdiction for the approval, conditional approval, or disapproval of proposed subdivisions.

The Council shall have final jurisdiction for hearing appeals from actions taken on tentative maps and parcel maps.

City Engineer. The City Engineer shall be responsible for:

Establishing design and construction details, standards, and specifications with the Director;

Determining whether proposed subdivision improvements comply with the provisions of this chapter and the Act and reviewing tentative maps with the Director in order to recommend the approval, conditional approval, or denial of tentative maps;

With the Director, processing and certifying final maps, reversion to acreage maps, and amended tentative maps and approving final parcel maps;

With the Director, processing and approving subdivision improvement plans, boundary line adjustments, and certificates of compliance;

Examining and certifying that final maps are in substantial conformance with the approved tentative map;

Inspecting and approving subdivision improvements;

Accepting dedications and improvements for subdivisions of less than five parcels; and

Certifying the completion of private improvements not to be maintained by the City.

Director. The Director shall be responsible for:

Investigating proposed subdivisions for conformity to the General Plan, Specific Plans, and the zoning regulations and reviewing tentative maps with the City Engineer in order to recommend the approval, conditional approval, or denial of tentative maps;

Conducting environmental analyses related to proposed subdivisions pursuant to the California Environmental Quality Act;

Accepting tentative maps for approval and distributing tentative maps to appropriate agencies and City divisions; and

With the City Engineer processing and certifying final maps, revisions to acreage maps, and amended tentative maps and approving final parcel maps and lot line adjustments.

(§ 2, Ord. 637, eff. January 9, 1986)

§ 10-3.06 Improvements and design.

Improvements. No subdivision shall be approved unless those on-site and off-site improvements which are found by the City Engineer to be reasonably necessary to service the lots being created are constructed or guaranteed, including, but not limited to, the following improvements:

An adequate domestic water distribution system designed and constructed to service each lot proposed to be created;

An adequate fire protection system for the proposed subdivision, including the fire hydrants, hose connections, and other fire protection facilities deemed necessary by the Ventura County Fire Protection District. All fire protection facilities shall be dedicated to the proposed water purveyor;

An adequate sewage system designed and constructed to serve each lot proposed to be created;

An adequate storm water drainage system designed and constructed to serve each lot proposed to be created;

An adequate system of public street lighting;

Adequate provisions for street trees and other parkway landscaping;

An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created;

Adequate systems designed and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television, and telephone services. Except as otherwise provided in this Code, all utility facilities set forth in this chapter shall be underground, and all utility facilities, including service laterals, shall be installed in the ground prior to the paving of streets. The City Engineer may authorize installations of utility facilities after street improvements are installed if the installation will not require the reconstruction or repair of the street improvements or if unusual circumstances warrant. All necessary arrangements for the installation of utilities shall be made with the operator of each proposed subdivision utility system pursuant to this section. At the time of the approval of the tentative map, the Advisory Agency or the Council may modify this requirement for all or a part of the subdivision where, due to physical conditions, this requirement would cause unreasonable hardship. This section shall not apply to utility lines which do not provide service to the area being subdivided;

(9)

An adequate traffic regulatory system, including the necessary traffic signs, street name and traffic control signs, and pavement markings and stripings;

(10)

Adequate provisions for fencing, either chain link or concrete block, where necessary for public safety, including on all lot lines of the subdivision which adjoin drainage channels or are adjacent to all controlled access highways, highway rights-of-way which abut or pass through the subdivision, and on all lot lines which separate the subdivision from unimproved or commercial property; and

(11)

Any and all other improvements necessary to provide all necessary services to each lot proposed to be created.

Limitation on improvements required for subdivisions of less than five parcels. Notwithstanding the requirements of subsection (a) of this section, improvements for a division of land which is not a subdivision of five or more lots shall be limited to the construction of reasonable off-site and on-site improvements for the parcels being created.

Design. The design of the subdivision shall conform to generally accepted engineering standards and to such standards as required by the City Engineer and Director, including, but not limited to, plans for grading and erosion control and such other physical requirements as may be necessary to ensure consistency with, or the implementation of, the General Plan, or any applicable Specific Plan, and the zoning regulations.

Improvement agreements. Prior to submitting a final map or parcel map of a proposed subdivision for approval pursuant to this chapter, the subdivider and all owners of land in the subdivision substantially interested in the subdivision shall execute an improvement agreement, in a form approved by the City Attorney, whereby each is bound to construct, within a reasonable time specified therein, the improvements required by this chapter. The same parties shall secure the execution of such agreement by a good and sufficient improvement security. In the event the improvements cannot be constructed by the expiration date specified in the agreement, the developer shall file a request for a time extension and pay the required fees prescribed by the Council. The Advisory Agency or the Council may deny the application for a time extension if the circumstances so warrant. No improvement will be accepted until all required fees have been paid.

Improvement plans. The subdivider shall prepare plans and specifications for the improvements required for the proposed subdivision pursuant to this chapter and the Act. The improvement plans shall be printed or drawn clearly and legibly or reproduced by a process which results in a permanent record which will permit direct reproductions. The improvement plans shall be prepared according to good engineering practices under the direction of, and shall be signed by, a registered civil engineer licensed by the State. The improvement plans shall show the complete plan, profiles, and details for all improvements to be placed in the proposed subdivision, including, but not limited to, all street work, drainage channels and structures, all underground utilities to be installed by the subdivider, including all appurtenances thereto located within the rights-of-way, retaining walls or other improvements to support cut slopes and embankment bridges if constructed in conjunction with subdivision improvements, the location of underground utilities not within the right-of-way which may control the location and elevation of storm drains and culverts, the location of fire hydrants, curbs, gutters, and sidewalks, fences which may be required, gates, structures and drainage facilities necessary to control slides, other improvements which may be required to complete the work, and complete grading and erosion control plans. Subsequent to the certification of the proposed subdivision by the City Engineer, no change shall be made in the improvement plans for the subdivision without the prior approval of the City Engineer.

(f)

Commencement of improvements. Except as otherwise provided in this chapter, the grading of the proposed subdivision and the construction of any improvements thereon shall not begin until the City Engineer has approved the improvement plans for the proposed construction.

(g)

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

(h)

Reimbursements for supplemental improvements. The City may require that improvements installed by a subdivider for the benefit of the subdivision shall contain supplemental size, capacity, or number for the benefit of property not within the subdivision and that such improvements be dedicated to the public. If improvements containing supplemental size, capacity, or number are installed, the City shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. Any such reimbursement agreement shall be funded exclusively in the manner described and contemplated in the Act.

Time for the construction of improvements for subdivisions of less than five parcels and designated remainder parcels. The time for the fulfillment of construction requirements for improvements for subdivisions of less than five parcels and on designated remainder parcels, as defined in Section 66424.6 of the Act, may be established by agreement between the City and the subdivider. In the absence of such an agreement, the fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development is issued by the City or within a reasonable time following the approval of the final parcel map or tract map and prior to the issuance of a permit and other grant of approval for development upon a finding by the City that fulfillment of the construction requirements is necessary for the public health and safety or is a necessary prerequisite to the orderly development of the surrounding area.

(§ 2, Ord. 637, eff. January 9, 1986, as amended by § 140, Ord. 941, eff. November 10, 2023)

§ 10-3.07 Tentative parcel maps and tract maps.

A tentative map shall be submitted for subdivisions of five parcels or more, including those subdivisions described in subsections (a) through (d) of Section 66426 of the Act and any other subdivision for which a parcel map is required by the Act. The following requirements shall apply to all applications for tentative parcel maps and tract maps:

Requirements.

Each tentative map shall be accompanied by a filing fee established by resolution of the Council. The minimum map scale shall be:

If the streets of the map do not exceed 42 inches along any side, the scale of the map shall be one inch equals 100 feet.

(ii)

Otherwise the scale shall be one inch equals 200 feet.

Each tentative map shall contain the following information:

A sufficient legal description of the land to describe the location of the proposed subdivision;

(ii)

A vicinity or area map at a scale of one inch equals 500 feet showing the major existing circulation pattern, all proposed major streets, and the existing major watercourses and existing Ventura County Flood Control District channels within one-half mile of the exterior boundaries of the subdivision;

(iii)

The tract number or parcel map number and the date the map was prepared;

(iv)

The name and address of the owner, together with evidence as to the ownership of the land proposed to be divided;

(v)

The name, address, and status of the subdivider, whether an individual, partnership, corporation, or otherwise;

(vi)

The names and addresses of all persons owning 25% or more interest shall be indicated;

(vii)

The name and address of the registered civil engineer or licensed surveyor who prepared the map;

(viii)

The appropriate acreage and boundary lines of the subdivision;

(ix)

The north point, scale, and date;

(x)

The location, width, grades, and proposed names of all streets within the boundaries of the subdivision and the approximate radii of curves;

(xi)

The proposed grading, including elevations, dimensions, locations, and extent of the proposed grading, both on-site and off-site, and a cross section view through the property to be graded demonstrating the relationship of the proposed cut as fill to the natural grade;

(xii)

The approximate grade of any street or part of a street within the subdivision;

(xiii)

The location and width of alleys, easements, and all necessary off-site accesses;

(xiv)

The total number of lots and lot lines and the approximate dimensions thereof;

(xv)

The approximate location of areas subject to inundation of storm water overflow and the location, width, and direction of flow of all watercourses which lie within the subdivision or lie without the subdivision but impose flood hazards thereto, together with a statement that all such watercourses will be improved for 50 year storm conditions prior to the construction of any facilities to be protected thereby and that the subdivider shall deed in fee to the City or to the Ventura County Flood Control District, if requested by the City, such parcels of land within or without the subdivision as are necessary for rights-of-way to accommodate the required improvement of such water courses, including provisions for the maintenance roads and safety fencing;

(xvi)

The location of all existing buildings, structures, and trees;

(xvii)

The location of the existing and proposed public utilities and the name and address of all operators of such proposed public utilities;

(xviii)

The disposition to be made of all existing structures, tree rows, wells, tanks, irrigation facilities, and public utilities;

(xix)

The proposed method of connecting to any existing sewer system, together with elevations; the subdivision;

(xx)

The contours or elevations extending 100 feet beyond the map boundary;

(xxi)

Any significant adjacent topographic features which can materially affect the design of the subdivision;

(xxii)

Any significant interference with the line of sight views of structures on immediately adjoining land caused by the proposed uses of the subdivision;

(xxiii)

The proposed source of water supply;

(xxiv)

The proposed methods of storm water drainage and a preliminary flood hazard report, including information concerning the tributary water shed, both upstream and downstream;

(xxv)

The proposed street lighting system;

(xxvi)

The proposed uses of all lots, for example, single-family, multi-family, commercial, industrial, school, park, or other;

(xxvii)

The proposed street tree planting;

(xxviii)

The proposed public areas, including parks and/or playgrounds;

(xxix)

The proposed name of the subdivision;

(xxx)

The existing uses within one-half mile of the proposed subdivision and the ownership immediately surrounding the subdivision; and

(xxxi)

The designation of the square foot area of each proposed lot in the subdivision.

Any of the data required by this subsection which it is impossible or impracticable to place upon the tentative map shall be submitted in writing with the map.

Soils engineers—Geologists. The name or names of any geologist or soils engineer whose services were utilized in the preparation of the design of the tentative map shall be shown on the map.

Accompanying data and reports. The tentative map shall be accompanied by the following data or reports:

A preliminary title report showing the legal owners as of the time of filing the tentative map;

The names and addresses of all property owners within a 300 foot radius of the map boundary;

The subdivider shall submit written verification that the legal owner or owners consent to the filing of the tentative map;

The preliminary soils report prepared by a civil engineer registered in the State and based upon adequate tests and borings; and

Any other data or reports deemed necessary by the Director or City Engineer.

Submission of tentative maps. Twelve copies of the tentative map shall be filed with the Director. The tentative map shall be clearly and legibly drawn, and the size of each sheet shall be at least 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. Enough sheets shall be used to accomplish this end. 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. The map shall show all survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon. Each lot shall be numbered, and each block shall be numbered or lettered. The map shall show the definite location of the division. Each serving utility shall be provided a copy of the tentative map. In addition, detailed notices of the filing of a tentative map shall be sent to all affected agencies for review and comment.

Environmental reviews. The Director, upon the receipt of a tentative map application, shall conduct an environmental analysis. If a draft environmental impact report is required, the application for tentative map approval shall not be considered completed until an environmental impact report is ready for presentation to the Advisory Agency.

(f)

Advisory Agency action. Within 50 days after the filing of the complete tentative map or, if an environmental impact report has been prepared for the tentative map, within 45 days after the certification of the environmental impact report, or within such longer period of time as may be agreed to by the subdivider, the Advisory Agency shall hold a public hearing on the map, recommend the content of the findings required by this chapter and the Act, recommend approval, conditional approval or disapproval of the tentative map, and report its actions in writing to the Council. Any person aggrieved by the decision of the Advisory Agency may appeal such decision to the City Council in accordance with Section 66452.5 of the Government Code of this State.

(g)

Council action. At the next regular meeting of the Council following the filing of the Advisory Agency's report with it, the Council shall fix the meeting date at which the tentative map will be considered by it at a public hearing, which date shall be within 30 days thereafter, and the Council shall approve, conditionally approve, or disapprove the tentative map within such 30 day period; provided, however, if legally sufficient notice thereof has been given, the Council may hold the required public hearing at its next regular meeting following the filing of the Advisory Agency's report, in which case the Council shall approve, conditionally approve, or disapprove the tentative map within 30 days thereafter.

(h)

Public hearings. Whenever a public hearing is to be held pursuant to this chapter, notice of the time and place thereof, including a general description of the location of the subdivision, shall be given in the manner required by Sections 65090 through 65095 of the Government Code of the State.

Findings and notices. Actions taken by the Advisory Agency and/or the Council shall comply with the provisions of Sections 66473, 66473.5, and 66474 of the Act. In addition to the findings required by said Sections 66473, 66473.5, and 66474, the Advisory Agency and/or the Council may make such additional findings deemed necessary to support its actions. Notice of such actions shall be given to the subdivider, interested persons, and any person who has requested such notice in writing.

(j)

Time limits. The time limits for acting on tentative maps and appeals, as specified in this chapter and by the Act, may be extended by the mutual consent of the subdivider and the City. A waiver of time limits may be required as a condition of accepting the application for, or processing of, tentative maps for the purpose of permitting the concurrent processing of related approvals or environmental analyses.

(k)

Term of tentative maps. An approved or conditionally approved tentative map shall expire 36 months after its approval or conditional approval.

(l)

Time extensions for approved tentative maps. Requests for time extensions relating to approved tentative maps shall be submitted to the Council not less than 30 days before the tentative map is due to expire. The Council shall review such requests and either approve or deny the extension. The additional period of time of all extensions shall not exceed 36 months.

(m)

Amendments to approved tentative maps. Minor changes in a tentative map may be approved by the Advisory Agency upon an application by the subdivider provided that:

No lots are added, deleted, or substantially altered thereby;

No proposed building locations are substantially altered;

Such changes are consistent with the intent and spirit of the original tentative map approved; and

There are no resulting violations of this chapter, the Act, or other applicable laws.

The amendment shall be indicated on the approved tentative map and certified by the Advisory Agency. Changes other than minor changes to tentative maps shall be processed according to the procedures set forth in this section. Any approved amendment shall not alter the expiration date of the tentative map approved. Minor change decisions which are objected to in writing by any interested person within 15 days after rendition shall be deemed to be recommendations only, and any request for a change shall thereafter be processed in the manner provided in this chapter and for the fee required for the initial processing of tentative maps.

(n)

Waivers of parcel maps. The Council may waive the requirement of a parcel map if the Council finds that the proposed subdivision complies with the requirements of this chapter and the Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements imposed by this chapter and the Act.

In any case where the requirement for a parcel map is waived by the Council, a tentative parcel map, at the discretion of the Council, may be required. A parcel map waiver may be conditioned to insure compliance with the provisions of this chapter.

(o)

Stays pending outcome of litigation. If a lawsuit has been filed and is pending in a court of competent jurisdiction affecting the validity of the approval or conditional approval of a tentative map, the subdivider may apply to the City within 10 days after the service of the initial petition or complaint upon the City for a stay of the time in which a tentative map will expire. Within 40 days after receiving the request, the Council shall stay the tentative map's expiration date until the final conclusion of the action if the action affects the validity of the tentative map approval.

(p)

Consistency. No land shall be subdivided and developed pursuant to a tentative map for any purpose which is inconsistent with the General Plan, and any applicable Specific Plan, or not permitted by the zoning regulations or other applicable provisions of this Code.

(§ 2, Ord. 637, eff. January 9, 1986, as amended by § 16, Ord. 708, eff. April 27, 1995)

§ 10-3.08 Final parcel maps and tract maps.

Preparation. The form and content of final parcel maps and tract maps shall be as required by the Act and Title 10, Chapter 3 (Subdivision Regulations). Such maps shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. A final parcel map shall be based upon a field survey made in conformity with the Land Surveyors Act and as required by Title 10, Chapter 3 (Subdivision Regulations).

Certificates and acknowledgements. Prior to filing, the certificates and acknowledgements required by the Act and Title 10, Chapter 3 (Subdivision Regulations). shall appear on the final map and may be combined where appropriate. Such certificates and acknowledgements shall appear on the face of the map, unless the City Engineer advises the subdivider that such certificates and acknowledgements are to be made by separate instrument. If a certificate or acknowledgement is made by separate instrument, there shall appear on the final map a reference to the separately-recorded document.

Monuments. The number, type, and location of monuments shall be as set forth in the Act and this chapter and shall conform to the standards prescribed by Section 8771 of the Business and Professions Code of the State. At least one exterior boundary line of the land being subdivided shall be adequately monumented or referenced before a map is recorded.

Additional information. The final parcel map and tract map shall also contain the following information:

The date of preparation, north point, and scale;

The location and names, without abbreviations, of all existing and proposed streets and alleys and adjoining streets;

The dimensions in feet and hundredths of a foot;

The dimensions of all lots or parcels;

The center line data, including bearings and distances;

The radius, tangent, arc, and central angle of all curves;

Suitable primary survey control points, including the basis of bearing;

The precise location of all permanent monuments;

(9)

Ties to and names of all adjacent subdivisions;

(10)

Ties to any City or County boundary lines involved;

(11)

The gross area and net area of all lots or parcels of one gross acre or more to the nearest one hundredth of an acre;

(12)

References to maps previously recorded relative to the property;

(13)

The monuments, shown and identified sufficiently to readily retrace the survey; and

(14)

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

Submittal for City approval. The subdivider shall submit prints of the final map to the City Engineer and the Director for checking. The preliminary prints shall be accompanied by the following plans, reports, and documents in a form approved by the City Engineer:

Improvement plans as required by Title 10, Chapter 3 (Subdivision Regulations);

A preliminary soils report, based upon test borings and prepared in conformance with the requirements of Chapter 70 of the Uniform Building Code, shall be required for all final tract maps and for those parcels maps which involve commercial or industrial development. The soils report shall be prepared in the State.

A preliminary soils report may be waived or reduced in scope by the City Engineer if the soil characteristics of the area in the vicinity of the proposed subdivision have been established by previous analyses.

Parcel maps involving the construction of single-family dwellings shall require the preparation of a report which includes the subsurface soil classification as well as the results of an expansive index test;

A preliminary subdivision title guarantee and a title report prepared within one month prior to the submittal of the final map;

An improvement bond estimate which shall include the cost of all improvements within public rights-of-way, easements or common areas, on-site and off-site drainage improvements, and utility trench backfill as provided by the developer, except for those utility facilities installed by a utility company under the jurisdiction of the Public Utilities Commission of the State;

Deeds for easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map;

Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility;

Agreements acceptable to the City Engineer executed by all owners of all utility and other easements within the proposed rights-of-way consenting to the dedication of the road or consenting to the joint use of the rights-of-way as may be required by the City for public use and convenience of the road shall be required. Such owners shall join in the dedication and subordinate their rights to the right of the public in the road;

Traverse closures for the boundary blocks, lots, easements, street center lines, and monument lines;

(9)

Complete hydrology and hydraulic calculations;

(10)

Proposed declarations of covenants, conditions, and restrictions and all other organizational documents for the subdivision in a form as prescribed by Section 1355 of the Civil Code of the State and applicable regulations of the Department of Real Estate of the State. All such documents shall be subject to review and approval by the Director and City Attorney;

(11)

Written certification from the affected water and sewer districts that adequate water and sewage facilities are or will be available to serve the proposed project and that all necessary financial arrangements have been made to insure the construction of such facilities; and

(12)

Any additional data, reports, or information as required by the City Engineer.

(f)

Council approval of final tract maps. The final tract map, together with any improvement agreements, shall be filed with the Council for approval after all required certificates on such map have been signed and, where necessary, acknowledged.

The Council, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, shall approve the map if it conforms to all the requirements of the Act and Title 10, Chapter 3 (Subdivision Regulations), applicable at the time of the approval or conditional approval of the tentative map or, if the map does not so conform, disapprove the map.

(g)

City Engineer and Director approval of final parcel maps. The City Engineer and Director shall each review final parcel maps and require any corrections or additions as required by Title 10, Chapter 3 (Subdivision Regulations) or the Act. When the map is acceptable in form to the City Engineer and the Director, and all certificates have been signed and, if necessary, acknowledged, the map shall be deemed approved by the City Engineer and the Director.

(h)

Disapproval of final parcel maps and tract maps. If a final map or tract map is disapproved for failure to meet or perform any of the requirements for conditions imposed by the Act or Title 10, Chapter 3 (Subdivision Regulations), such disapproval shall be accompanied by findings identifying the requirements or conditions which have not been met or performed. The approval of a final parcel map or tract map shall not be withheld when the failure of the map is the result of a technical and inadvertent error which, in the determination of the Council with respect to final tract maps, or in the determination of the City Engineer and/or Director with respect to final parcel maps, does not materially affect the validity of the map.

Any interested person dissatisfied with the decision of the City Engineer and/or Director with respect to a final parcel map may appeal such decision to the City Council. Any such appeal shall be filed with the City Clerk not later than 15 days after the effective date of the action of the City Engineer or Director. Except as otherwise provided herein, appeals taken pursuant to this subsection shall be controlled by the provisions of Section 10-2.3002 (Appeal of action), subsection (d)(5).

The subdivider, City Engineer, Director, or any interested person may appeal from the action of the Advisory Agency. Any such appeal shall be filed with the City Clerk not later than 15 days after the effective date of the action of the Advisory Agency. Upon the filing of an appeal, a noticed public hearing before the Council shall be held expeditiously. The Council's decision shall be final and conclusive.

Recording. After a final parcel map or tract map has been approved as provided in this section, the map shall be transmitted to the County Recorder.

(j)

Amendments and corrections. After a final parcel map or tract map has been recorded in the office of the County Recorder, the map may be amended by a certificate of correction or an amending map as provided in Section 66469 of the Act. In addition to the amendments authorized by said Section 66469, a recorded final map may be modified by a certificate of correction or an amending map if, after a notice and a public hearing as provided in Section 66541.3 of the Act, the Advisory Agency makes the findings prescribed in Section 66472.1 of the Act.

(§ 2, Ord. 637, eff. January 9, 1986, as amended by § 17, Ord. 708, eff. April 27, 1995, and § 141, Ord. 941, eff. November 10, 2023)

§ 10-3.09 Dedications.

As a condition of the approval of a final parcel map or tract map, the subdivider shall dedicate or make an irrevocable offer of dedication of real property within the subdivision for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements.

Acceptance or rejection of offers of dedication on tract maps. At the time the Council approves a final tract map, the Council may accept, subject to improvements, or reject dedications or offers of dedication. Notwithstanding the provisions of this subsection, an irrevocable offer of dedication shall continue in existence until it is expressly rejected by the Council. The City Clerk shall certify on the final map the action of the Council.

Acceptance or rejection of offers of dedication on parcel maps. At the time the City Engineer approves a final parcel map, he shall accept or reject the offers of dedication made by certificate on such map.

(§ 2, Ord. 637, eff. January 9, 1986)

§ 10-3.10 Reversions to acreage.

Subdivisions consisting of four or less contiguous parcels under the same ownership may revert to acreage by the filing of a parcel map in accordance with the provisions of Title 10, Chapter 3 (Subdivision Regulations). and Section 66499.20-1/4 of the Act.

(§ 2, Ord. 637, eff. January 9, 1986, as amended by § 142, Ord. 941, eff. November 10, 2023)

§ 10-3.11 Lot line adjustments.

The Director shall be the decision maker for lot line adjustments, except that the Planning Commission shall be the decision maker for lot line adjustments that exceed a 10% increase or decrease in the area of any affected parcel. The Director or the Planning Commission, as the case may be, shall approve, conditionally approve, or disapprove applications for lot line adjustments, subject, however, to the following:

The Director's or Planning Commission's, as the case may be, review and approval determination of a lot line adjustment shall be limited to a determination of whether or not the applicant has complied with the provisions of this section and that the parcels resulting from the lot line adjustment will conform to the City's General Plan, zoning regulations, and building laws; provided, however, that, if the lot line adjustment results in parcels that do not conform to the City's existing zoning regulations, the Director or Planning Commission, as the case may be, may, in his, her or its discretion, nevertheless determine to approve the application for lot line adjustment, provided that all of the following conditions are satisfied:

The lot line adjustment shall not result in a greater number of residential developable parcels that existed prior to the adjustment. For purposes of this subsection only, a parcel shall not be deemed a residential developable parcel if the documents reflecting its approval and/or creation identify that:

(A)

The parcel is not a building site; or

(B)

The parcel is designated for a nonresidential purpose, including, but not limited to, well sites, reservoirs, and roads.

To be deemed a residential developable parcel for purposes of this subsection, existing or proposed parcels shall satisfy all of the criteria set forth in the City's zoning regulations and the City's building laws.

The lot line adjustment will not increase or make more onerous any violation of the City's existing zoning regulations.

No condition or exaction may be imposed on the approval of a lot line adjustment, except to cause the resulting parcels to conform to the City's General Plan, zoning regulations, and building laws, or except to facilitate the relocation of existing utilities, infrastructures, or easements.

No tentative map, parcel map, or final map may be required as a condition of approval; provided, however, the applicant may be required to submit as a part of his application a map or sketch setting forth the proposed lot line adjustment, all pertinent dimensions of all lots or parcels affected by the adjustment, and the locations of existing easements, utilities, and public roads and streets in the vicinity.

The applicant shall submit a deed or record of survey for recordation upon approval which sufficiently describes each lot or parcel or portion thereof affected by the adjustment.

Any interested person dissatisfied with the decision of the Director or the Planning Commission, as the case may be, with respect to the proposed lot line adjustment may appeal such decision in accordance with the procedures set forth in Title 10, Chapter 2, Article 30 (Appeals).

(§ 1, Ord. 750, eff. July 24, 2001, as amended by § 2, Ord. 637, eff. January 9, 1986, § 18, Ord. 708, eff. April 27, 1995, § 1, Ord. 783, eff. November 11, 2005, and § 143, Ord. 941, eff. November 10, 2023)

§ 10-3.12 Vesting tentative maps.

This section shall be applicable beginning January 1, 1986. For the purposes of this section, a vesting tentative map shall refer to a map which meets the requirements of subsection (n) of Section 10-3.03 of this chapter and Section 66452 of the Act.

A vesting tentative map shall be filed in the same form, and have the same contents, accompanying data, and reports, and shall be processed in the same manner as a tentative map, except as otherwise provided as follows:

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

Whenever a provision of this chapter requires that a tentative map be filed, a vesting tentative map may instead be filed.

If the vesting tentative map is approved or conditionally approved, such approval shall confer a vested right to proceed with development in substantial compliance with the laws, policies, and standards in effect at the time the subdivider filed a completed application for a subdivision with the City.

Notwithstanding paragraphs (2) and (3) of this subsection, the City may conditionally approve or deny a permit, approval, extension, or entitlement for a subdivision if the City determines that proceeding with the development would (i) endanger the public health or safety; or (ii) violate State or Federal laws.

The right to proceed with the development referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in subsections (k) and (1) of Section 10-3.07 of this chapter. If the final map is approved, such rights shall last for the following periods of time:

An initial time period of 12 months. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, such initial time period shall begin for each phase when the final map for such phase is recorded;

The initial time period set forth in paragraph (1) of this subsection shall be automatically extended by any time used for processing a complete application for a grading permit, or for architectural review, if such processing exceeds 30 days from the date a complete application is filed;

A subdivider may apply to the Council for a one-year extension at any time before the initial time period set forth in paragraph (1) of this subsection expires; and

If the subdivider submits a complete application for a building permit during the periods of time specified in paragraphs (1) and (2) of this subsection, the rights referred to in this section shall continue until the expiration of such permit or any extension of such permit.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning regulations in existence at that time, such inconsistency shall be noted on the map. The City may deny such a vesting tentative map or approve it conditionally on the subdivider, or his or her designee, obtaining the necessary change in the zoning regulations to eliminate the inconsistency. If the change in the zoning regulations is obtained, the approved or conditionally approved vesting tentative map, notwithstanding subsection (p) of Section 10-3.07 of this chapter, shall confer the vested right to proceed with the development in substantial compliance with the change in the zoning regulations and the map, as approved.