Editor's note: Sections 10-3.01 through 10-3.23 added
by Ord. No. 209, amended by Ord. Nos. 221, 302, 331, 335 and 339,
amended in their entirety by Ord. No. 384. Sections 10-3.101 through
10-3.106, 10-3.201 through 10-3.216 and 10-3.301 through 10-3.315
added by Ord. No. 384, amended by Ord. Nos. 402, 453, 483, 512, 551,
567, 624 and 629, repealed by Ord. No. 637, effective January 9, 1986.
Sections 10-3.101 through 10-3.113 added by Ord. No. 637 renumbered
to be Sections 10-3.01 through 10-3.13.
The provisions of Title
10, Chapter
3 (Subdivision Regulations) are intended to supplement and implement the Subdivision Map Act Title
7, Division
2 of the California
Government Code, Sections 66410-66499.40, as amended for the purpose of regulating the design and improvement of subdivisions.
(§ 2, Ord. 637, eff. January 9, 1986, as amended by § 138, Ord. 941, eff. November 10, 2023)
This chapter shall be referred to as the City's subdivision
regulations.
(§ 2, Ord. 637, eff. January 9, 1986)
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
"Advisory Agency"
shall mean a designated official or an official body charged
with the duty of making investigations and reports on the design and
improvement of proposed divisions of real property, or imposing or
suggesting requirements or conditions thereon, or having the authority
to approve, conditionally approve, or disapprove maps, or having the
authority to conduct hearings relating to notices of violation as
set forth in Section 66499.36 of the Subdivision Map Act.
The Planning Commission shall constitute the Advisory Agency
for divisions of real property pursuant to this chapter and the Subdivision
Map Act. In such capacity, the Planning Commission shall make recommendations
as to findings, requirements, conditions, approvals, and disapprovals
but shall not be empowered to approve, conditionally approve, or disapprove
proposed subdivisions.
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The Planning Commission shall further be responsible for hearing
appeals from decisions of the City Engineer and Planning Director
taken in the time and manner set forth in this chapter.
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"Council"
shall mean the City Council of the City of Ojai.
"Director"
shall mean the Planning Director of the City of Ojai.
"Final map"
shall mean a final map showing a subdivision of five or more
parcels prepared in accordance with the provisions of this chapter
and the Subdivision Map Act and in a manner to be filed in the office
of the County Recorder.
"Lot."
Lot shall have the same meaning as the word "parcel,"and
the two words shall be synonymous.
"Lot line adjustment"
shall mean any boundary line adjustment between four or fewer
existing adjoining lots, where the land taken from one lot is added
to an adjoining lot, and where a greater number of lots than originally
existed is not thereby created.
"Parcel."
Parcel shall have the same meaning as the word "lot,"and
the two words shall be synonymous.
"Parcel map"
shall mean a map showing a subdivision of less than five
parcels prepared in accordance with the provisions of this chapter
and the Subdivision Map Act and in a manner to be recorded in the
office of the County Recorder.
"Tentative map"
shall mean a map showing the design and improvements of a
proposed division of land and the existing conditions in and around
it.
(§ 2, Ord. 637, eff. January 9, 1986, as amended by § 2, Ord.
783, eff. November 11, 2005)
Title
10, Chapter
3 (Subdivision Regulations) shall apply to all divisions of land, except those specifically exempted by Sections 66412, 66412.1, 66412.2, and 66412.5 of the Act (California
Government Code Title
7, Division
2); provided, however, lot line adjustments shall be subject to the provisions of Title
10, Chapter
3 (Subdivision Regulations) to the extent permitted by subsection (d) of Section 66412 of the CA Subdivision Map Act (hereinafter "Act," California
Government Code Sections 66410-66413.5). In the event of divisions of land which are not subject to Title
10, Chapter
3 (Subdivision Regulations) and the Act, a certificate of compliance shall be processed therefor in a form prescribed by the Director.
(§ 2, Ord. 637, eff. January 9, 1986, as amended by § 139, Ord. 941, eff. November 10, 2023)
(a) 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.
(b) 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.
(c) City Engineer. The City Engineer shall be responsible
for:
(1) Establishing design and construction details, standards, and specifications
with the Director;
(2) 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;
(3) With the Director, processing and certifying final maps, reversion
to acreage maps, and amended tentative maps and approving final parcel
maps;
(4) With the Director, processing and approving subdivision improvement
plans, boundary line adjustments, and certificates of compliance;
(5) Examining and certifying that final maps are in substantial conformance
with the approved tentative map;
(6) Inspecting and approving subdivision improvements;
(7) Accepting dedications and improvements for subdivisions of less than
five parcels; and
(8) Certifying the completion of private improvements not to be maintained
by the City.
(d) Director. The Director shall be responsible for:
(1) 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;
(2) Conducting environmental analyses related to proposed subdivisions
pursuant to the California Environmental Quality Act;
(3) Accepting tentative maps for approval and distributing tentative
maps to appropriate agencies and City divisions; and
(4) 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)
(a) 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:
(1) An adequate domestic water distribution system designed and constructed
to service each lot proposed to be created;
(2) 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;
(3) An adequate sewage system designed and constructed to serve each
lot proposed to be created;
(4) An adequate storm water drainage system designed and constructed
to serve each lot proposed to be created;
(5) An adequate system of public street lighting;
(6) Adequate provisions for street trees and other parkway landscaping;
(7) An adequate public and/or private street and/or alley system designed
and constructed to serve each lot proposed to be created;
(8) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(i) 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)
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:
(a) Requirements.
(1) Each tentative map shall be accompanied by a filing fee established
by resolution of the Council. The minimum map scale shall be:
(i) 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.
(2) Each tentative map shall contain the following information:
(i) 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.
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(b) 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.
(c) Accompanying data and reports. The tentative map
shall be accompanied by the following data or reports:
(1) A preliminary title report showing the legal owners as of the time
of filing the tentative map;
(2) The names and addresses of all property owners within a 300 foot
radius of the map boundary;
(3) The subdivider shall submit written verification that the legal owner
or owners consent to the filing of the tentative map;
(4) The preliminary soils report prepared by a civil engineer registered
in the State and based upon adequate tests and borings; and
(5) Any other data or reports deemed necessary by the Director or City
Engineer.
(d) 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.
(e) 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.
(i) 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:
(1) No lots are added, deleted, or substantially altered thereby;
(2) No proposed building locations are substantially altered;
(3) Such changes are consistent with the intent and spirit of the original
tentative map approved; and
(4) 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.
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(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)
(a) 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).
(b) 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.
(c) 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.
(d) Additional information. The final parcel map and
tract map shall also contain the following information:
(1) The date of preparation, north point, and scale;
(2) The location and names, without abbreviations, of all existing and
proposed streets and alleys and adjoining streets;
(3) The dimensions in feet and hundredths of a foot;
(4) The dimensions of all lots or parcels;
(5) The center line data, including bearings and distances;
(6) The radius, tangent, arc, and central angle of all curves;
(7) Suitable primary survey control points, including the basis of bearing;
(8) 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.
(e) 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:
(1) Improvement plans as required by Title
10, Chapter
3 (Subdivision Regulations);
(2) 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;
(3) A preliminary subdivision title guarantee and a title report prepared
within one month prior to the submittal of the final map;
(4) 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;
(5) Deeds for easements or rights-of-way required for road or drainage
purposes which have not been dedicated on the final map;
(6) 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;
(7) 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;
(8) 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.
(1) 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).
(2) 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.
(i) 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)
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.
(a) 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.
(b) 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)
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)
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:
(a) 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:
(1) 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.
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(2) The lot line adjustment will not increase or make more onerous any
violation of the City's existing zoning regulations.
(b) 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.
(c) 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.
(d) 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.
(e) 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)
(a) 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.
(b) 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:
(1) At the time a vesting tentative map is filed, it shall have printed
conspicuously on its face the words "Vesting Tentative Map."
(2) Whenever a provision of this chapter requires that a tentative map
be filed, a vesting tentative map may instead be filed.
(3) 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.
(4) 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.
(c) 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:
(1) 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;
(2) 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;
(3) 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
(4) 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.
(d) 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.
(e) This section shall apply only to residential developments until January
1, 1988, at which time this section shall apply to all subdivisions.
(§ 2, Ord. 637, eff. January 9, 1986)
The Council, by resolution, shall set reasonable fees in connection
with subdivision-related activities, including fees for processing
tentative maps, final maps, and parcel maps, fees for giving notice
of public hearings, fees for copying and distributing written reports
on tentative maps, and fees for processing mergers, reversions to
acreage, and minor lot line adjustments.
(§ 2, Ord. 637, eff. January 9, 1986, as amended by § 144, Ord. 941, eff. November 10, 2023)