City of Yucaipa, CA Article 2 TENTATIVE AND FINAL MAP

§ 83.040201 Filing criteria for Tentative and Final Maps.

The provisions of this section and the Subdivision Map Act shall govern the necessity for Tentative and Final Maps.

(a) Tentative and Final Maps shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the California Civil Code, a community apartment project containing five or more parcels, or for the conversion of a multiple dwelling containing five or more dwelling units to a stock cooperative except where any of the following conditions exist.

(1) A condominium is constructed or an existing structure is converted to a condominium on a single parcel shown on a Final Map or Parcel Map recorded after January 1, 1960, provided, however, that the City Planner may require a Tentative and Final Map for the purposes of obtaining improvements, additional easements and dedications, or for other circumstances which warrant the filing of a new map.

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

(3) Each lot created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway.

(4) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land with a land use district which allows for industrial or commercial development and which has the approval of the governing body as to street alignments and widths.

(5) Each lot created by the division has a gross area of 40 acres or more, or each of which is a quarter of a quarter section or larger.

(b) A Parcel Map shall be required for those subdivisions described in this Division as being exempt from the requirement for Tentative and Final Maps.

(c) Should the subdivider wish to file multiple Final Maps for a development project that will be phased, then one of the following shall be completed.

(1) The subdivider, at the time the Tentative Map is filed, shall inform the Planning Agency of the subdivider’s intention to file multiple Final Maps on such Tentative Map.

(2) After the filing of the Tentative Map, the Planning Agency and the subdivider concur in the filing of multiple Final Maps.

(3) A subdivider filing multiple Final Maps shall show the boundary limits of each phase and designate the sequence of filing to the satisfaction of the Development Review Committee.

(d) A Final Map shall be required for a cemetery and shall be recorded only with the approval of the City Engineer, subject to the requirements imposed by Division 3, Chapter 4 of this Code and Division 8 of the State of California Health and Safety Code.

(e) Notices of intention to convert residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be made as required by California Government Code Sections 66427.1, 66452.8, and 66452.9 prior to the filing of such map.

(f) At the time of filing a map for a subdivision to be created from the conversion of a mobilehome park to another use, the subdivider shall also file a report on the impact of the mobilehome park conversion pursuant to California Government Code Section 66427.4. At least 30 days prior to public hearing for such a conversion, the City shall inform the applicant in writing of the provisions of Section 798.56 of the California Civil Code and all applicable local requirements which impose upon the applicant a duty to notify residents and mobilehome owners of the mobilehome park of the proposed change in use.

(g) At the time of filing a map for the conversion of a stock cooperative or a community apartment project to a condominium, the subdivider shall submit documents showing that the requirements of California Government Code Section 66452.10 have been met.

§ 83.040205 Tentative Map format.

The content and form of Tentative Maps shall be governed by the provisions of this section.

(a) Standards and preparation. The Tentative Map shall be prepared by or under the direction of a registered Civil Engineer licensed to practice surveying or licensed Land Surveyor in accordance with the Subdivision Map Act, the Yucaipa City Code, and any other City ordinance, statute or law, or any amendments thereto, pertaining to the use, sale or lease of land. The Tentative Map shall be prepared in compliance with the officially adopted General Plan, and any applicable Specific Plan, or any amendments thereto adopted pursuant to the State Planning and Zoning Law and in accordance with the Standard Streets and Highways Plan adopted by the City Council, as amended. The Tentative Map shall show the location of streets and property lines bounding the property and shall conform to all of the following provisions and the standards found on record as prescribed by the Office of Planning.

(1) Each Tentative Map shall be drawn to an engineer’s scale and shall clearly show the details of the plan thereon. Wherever practicable, such scale shall be one inch to 100 feet or less, and in no case shall the scale be smaller than one inch to 200 feet.

(2) The tentative maps shall show or be accompanied by the following information.

(A) Development proposed on the subdivision (lot sale or building program).

(B) Source, name of supplier, quality, and an estimate of available quantity of water, or, if to be served by an established mutual water company or an established public utility, a letter shall be furnished to indicate that satisfactory arrangements have been made or can be made for water supply.

(C) Type of street improvements, utilities, and street lights which are proposed to be installed; pursuant to California Government Code Section 66473.3 and this Code, this information shall include the type of cable television systems to be installed, if any cable television system is available.

(D) Proposed method of sewage disposal. If utilizing sewers, the applicant must furnish a letter from an authorized representative of the entity or agency which will provide such sanitary sewer service assuring that such entity or agency can and will accept for disposal sewage generated on the land under consideration after its improvement. The Office of Planning shall give written notice to the entity or agency which owns the related sewage treatment plant prior to issuance of the written determination of filing of the proposed subdivision. This filing requirement need not be met when, within 14 days from the date of providing the above requirement notice, the entity or agency which owns the related sewage treatment plant has submitted an independently certified engineering report to the Office of Planning which demonstrates that adequate sewage treatment plan capacity is not available.

(E) The drainage area tributary to the subdivision and a statement setting forth in detail the manner in which storm runoff will enter the subdivisions, the manner in which it will be carried through the subdivision, and the manner in which disposal beyond the subdivision boundaries will be accomplished.

(F) Topographical and contour data shall be shown pursuant to adopted City standards.

(G) The widths and locations of all recorded easements which are to remain.

(H) Names, addresses, and telephone numbers of utilities, school districts, fire protection agencies, and cable television services serving the tract.

(I) Remainder parcels shall be indicated as a “remainder parcel” and shall be subject to review for design access, water, and sewer availability and other such improvements as may be necessary to protect the public health, safety, and welfare that are consistent with the intent of this Division. Waiver of improvements may be granted for remainder parcels where the size exceeds five acres.

(J) When any change is made by the subdivider in the statement given in pursuance of this section, such change or changes shall be submitted in writing to the Planning Agency and approved prior to the recording of the Final Map.

(K) In the case of a subdivision to convert a mobilehome park to another use, the subdivider shall file a report on the impact of the conversion upon the displaced residents of the mobilehome park to be converted. The report shall discuss availability of adequate replacement space in mobilehome parks in determining the impact of the conversion on displaced mobilehome park residents. The subdivider shall make a copy of the report available to each resident of the mobilehome park 15 days prior to the date of the hearing on which the Planning Agency is to take action upon the Tentative Map. Except as provided herein, the report and all applicable procedures shall be governed by Article 3.5 (Conversion of Mobilehome Park to Other Issues) of this chapter.

(L) In the case of a Vesting Tentative Map, at the time it is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

(3) Tract number. Prior to filing a Tentative Map of a subdivision or Reversion to Acreage, a licensed engineer or surveyor shall obtain a tract number or numbers from the County Recorder. When a number has been assigned by the County Recorder for the subdivision of a particular parcel of land, the subdivider shall place this same number upon each Tentative Map of the subdivision, and the number issued shall not thereafter be changed or altered in any manner upon the Tentative Map of the subdivision unless and until a new number shall have been assigned by the County Recorder.

(Ord. 344 § 1, 2016)

§ 83.040210 Final Map format.

The content and form of Final Maps shall be governed by the provisions of this subsection.

(a) Standards and preparation. The Final Map shall be prepared by, or under the direction of, a registered Civil Engineer licensed to practice land surveying or licensed Land Surveyor; shall be based upon a survey; and shall conform to all of the following provisions, the California Subdivision Map Act and the County Surveyor’s standards as adopted by the City Council.

(1) It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester-base film. Certificates, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on a polyester-base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(2) The size of each sheet shall be 18" x 26". A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly, and 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.

(3) 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 shall be shown, including bearings and distances of straight lines, and radii and area length or chord bearings and length of 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 the subdivision boundaries.

(4) Each lot shall be numbered. Each street shall be named.

(5) The exterior boundary of the land included within the subdivision shall be indicated by an opaque ink line three times as wide as the widest line on the map, excluding the border line. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

(6) If the map includes a remainder parcel, and the gross area of the remainder parcel or similar named parcel is five acres or less, it shall be surveyed and mapped. If the remainder parcel or similar named parcel is more than five gross acres, that parcel shall show record information and parcel size only.

(7) Proposed public areas and drainage easements shall be shown.

(8) Additional notes which do not affect record title interests shall not be shown on the Final Map. Where a Composite Development Plan has been required, a prominent note shall be placed below the Surveyor’s Notes on the final map in one-quarter (1/4) inch high, bolded, block letters, stating the following.

COMPOSITE DEVELOPMENT PLAN NOTE

A Composite Development Plan (C.D.P.) affecting this map is on file in the City of Yucaipa, Office of Building and Safety.

(b) Title sheets. Prior to filing, those certificates and acknowledgements set forth in this Division shall appear on the title sheet of the Final Map and may be combined where appropriate. The title sheet shall also contain a certificate, signed and acknowledged by all parties having any record title interests in real property subdivided, consenting to the preparation and recordation of the Final Map, and is required except as provided by the Subdivision Map Act. Each sheet of the Final Map shall also contain a title, consisting of the number of the subdivision, and a subtitle, consisting of a description of all property being subdivided by reference to such map or maps of the property shown thereon, as shall have been previously recorded or filed with the City Clerk pursuant to a final judgment in any action in partition, or shall have been previously filed in the Office of the City or County Recorder, or by reference to the plat of any United States Survey. The title sheet shall also show, in a form acceptable to the City Engineer, such appropriate certificates and acknowledgements as required in the Subdivision Map Act, or any additional certificates as required by the City Engineer or City standards.

(c) Certificates on Final Maps. The certificates on Final Maps shall be governed by the provisions of the Subdivision Map Act and the Final and Parcel Map standards established by the City Engineering Department as adopted by the City Council.

(1) Dedications of or offers to dedicate interests in real property for specified public purposes shall be made by a certificate on the title page of the Final Map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of the Subdivision Map Act.

In the event that any street shown on a subdivision map is not offered for dedication, the certificate may contain a statement to this effect. If such statement appears on the map and if the map is approved by the City Council the use of any such street or streets by the public shall be permissive only.

Any offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such real property unless an intent to dedicate such facilities is expressly stated in the certificate, and then only to the extent so stated.

Any dedication or agreements required within the remainder parcel of a Final Map shall be executed by the legal owners of record and any holder in a beneficial interest in a trust deed.

(2) The Final Map shall contain a certificate for execution by the City Clerk stating that the City Council approved the map and accepted, subject to improvement, or rejected on behalf of the public, any real property offered for dedication or public use in conformity with the terms of the offer of dedication.

(3) A certificate is required indicating the engineer or surveyor responsible for the survey and Final Map. This certificate shall give the date of the survey, state that the survey and Final Map were made by the engineer or surveyor, and indicate that the survey is true and complete as shown.

The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

At least one exterior boundary line of the land being subdivided shall be adequately monumented or referenced before the map may be recorded.

(4) The County Surveyor shall issue a certificate if all of the following requirements have been met.

(A) The Surveyor has examined the map.

(B) The subdivision as shown is substantially the same as it appeared on the Tentative Map and any approved alterations thereof.

(C) All provisions of this article and any local ordinances applicable at the time of approval of the Tentative Map have been complied with.

(D) The County Surveyor is satisfied that the map is technically correct.

(5) The County Surveyor shall complete and file, with the City Clerk, the certificate as required by this section within 20 days from the time the Final Map is submitted to the County Surveyor by the subdivider for approval.

(6) At the time the subdivider presents the Final Map, there shall be presented releases executed by the various public utilities, including cable television services as to location of their facilities and that satisfactory arrangements have been made for the establishment of any easements required for such facilities. The failure of any said public utility to notify the County Surveyor of the need for such easements within 20 days of receipt of the advance copy of the Final Map shall be deemed notice that said provisions and arrangements have been made and no further release shall be required.

§ 83.040220 Tentative Map.

The following provisions shall govern the review of Tentative and Vesting Tentative Maps.

(a) Action on Tentative Map.

(1) The Planning Agency shall approve, conditionally approve, extend, or disapprove the map or maps of the proposed subdivision within 50 days after an application for a Tentative Map has been filed, deemed completed and accepted for filing, except as otherwise provided by the Subdivision Map Act. An official copy of the Planning Agency’s action shall be filed with the Tentative Map and be reported directly to the subdivider and to the Real Estate Commission of the State of California. If no action is taken upon a Tentative Map by the Planning Agency within the time limits specified in this division or any authorized extension thereof, the Tentative Map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of this division, other applicable ordinances of the City of Yucaipa, and all applicable State laws, and it shall be the duty of the City Clerk and the Planning Commission Secretary to certify such approval. This section shall be inapplicable to extensions of time which are reasonable and required in order to comply with any provision of State law, including the requirements for compliance with the California Environmental Quality Act of 1970. Provided, however, if an Environmental Impact Report (EIR) is prepared, the 50-day period specified in this section shall not be applicable, and the Planning Agency shall take action upon the Tentative Map within 45 days after certification of the EIR. Any revised Tentative Map or portion thereof filed with the Planning Agency shall comply with the requirements in effect at the time such revised map is considered by the Planning Agency.

(2) A Tentative Map shall not be approved in the following cases.

(A) In the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative, the Planning Agency shall not approve the Tentative Map unless evidence is provided by the subdivider, as required by Section 66452.9 of the California Government Code, that proper notification has been given to each of the tenants of the proposed conversion notifying of the subdivider’s intent to convert.

(B) In the case of a conversion of a stock cooperative or a community apartment project to a condominium, the Planning Agency shall not approve a Tentative Map unless evidence is provided by the subdivider, as required by Section 66452.10 of the California Government Code, that the required number of owners in the cooperative or project, as specified in the bylaws or other organizational documents, have voted in favor of such conversion.

(C) The Planning Agency shall not approve a Tentative Map, or a Parcel Map for which a Tentative Map was not required, if it finds that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (California Government Code Section 51296) and that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use. For purposes of this section, land shall be presumed to be in parcels too small to sustain their agricultural use if the land is less than 10 acres in size in the case of prime agricultural land, or less than 40 acres in size in the case of land which is not prime agriculture land. For purposes of this section, agricultural land shall be presumed to be in parcels large enough to sustain their agricultural use if the land is at least 10 acres in size in the case of prime agricultural land, or at least 40 acres in size in the case of land which is not prime agricultural. The Planning Agency may approve a subdivision with parcels smaller than those listed above if the findings in Subsections 83.040115 (c) (8) (B) (i) and (ii), along with the other applicable findings listed in Section 83.040115, are made, or the land within the subdivision is subject to a contract when one of the following has occurred.

(I) The Local Agency Formation Commission has approved the annexation of the land to a City, and the City will not succeed to the contract as provided in California Government Code Sections 51243 and 51243.5.

(II) Written notice of nonrenewal of the contract has been served prior to March 7, 1985, as provided in California Government Code Section 51245.

(III) Written notice of nonrenewal of the contract has been served on or after March 7, 1985, as provided in California Government Code Section 51245, and, as a result of that notice, there are no more than three years remaining in the term of the contract.

(IV) The Council has granted tentative approval for cancellation of the contract as provided in California Government Code Section 51282.

(3) The approval or conditional approval by the Advisory Agency of any revised or new Tentative Map shall annul all previous designs and approvals thereof.

(4) When modifications in design are conditions of approval of a Tentative Map, the subdivider shall, at least 30 days prior to the submission of Final Maps, submit the 10 copies of the Tentative Map as modified to the Planning Agency for distribution to the Development Review Committee representatives.

(b) Community Development Director referral. When acting as the Planning Agency for subdivisions where a Tentative and Final Map are required, the Community Development Director shall determine, prior to taking an action to approve, conditionally approve, extend, or deny the application, that the project is noncontroversial. For the purpose of this section, “noncontroversial” shall mean that no member of the Development Review Committee objects to the project or any portion thereof, that no specific written request has been received requesting public hearing review of the project from person(s) notified in accordance with the provisions of Section 83.010330(b), and that in the opinion of the Community Development Director, there has been no substantial objection to the proposed project from members of the public. If the Community Development Director determines the project to be controversial, the project may be referred by the Community Development Director to the Planning Commission for action.

(c) Review of Tentative Maps by other agencies. When a Tentative Map has been properly filed and the subdivider has furnished the required number of copies, the Office of Planning shall, within three City business days of the filing and review cycle deadlines (Saturdays, Sundays, and holidays excluded), forward a copy or copies thereof to the following.

(1) County Fire Warden.

(2) Building Official.

(3) Director of the Department of Community Development.

(4) City Engineer.

(5) District Engineer of the California Department of Transportation, if a Federal or State highway is involved.

(6) Any municipality entitled thereto.

(7) Other public agencies or officers who, as determined by the Planning Agency, have an interest in the proposed subdivision.

(8) Any appropriate public utilities and cable television system.

(d) Reports on Tentative Map.

Any report or recommendation on a Tentative Map by the staff of the Planning Agency or the Development Review Committee to the Planning Agency shall be in writing and a copy thereof sent to the subdivider or any tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to any hearing or action on such map by such Planning Agency. In the event of the failure of any officer, department, municipality, district, or agency to report to the Planning Agency in writing within 20 days after the filing deadline of the Tentative Map, it shall be deemed that said officer, department, municipality, district, or agency has no objections to the proposed map.

Wherever possible, the reports and recommendations of City departments shall be uniform in content and form and shall be presented to the Planning Agency by the Chairperson of the Development Review Committee or designee.

(1) Required action in the case of waste discharge violations. The Development Review Committee shall report to the Planning Agency as to whether the discharge of waste from the proposed subdivision into an existing community sewer system will result in the violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the California Water Code. In the event that the Planning Agency finds that the proposed waste discharge would result in or add to violation of the requirements of such Board, it may disapprove the Tentative Map or maps of the subdivision or take such other action as may be permitted by the policies of the City Council.

(e) Expiration of approval.

The initial approval period of an approved or conditionally approved Tentative Map and any associated development application shall expire 36 months after its approval or conditional approval unless an extension is granted as hereinafter provided or as otherwise provided by the Development Code. The expiration of the approved or conditionally approved Tentative Map shall terminate all proceedings, and no Final or Parcel Map of all or any portion of the real property included within such Tentative Map shall be filed without first processing a new Tentative Map.

This initial approval period may be extended in the following circumstances.

(1) If the subdivider is subject to a requirement of $125,000 or more to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the Tentative Map in order to obtain a Final Map, each filing of a Final Map that is part of a series of multiple Final Maps authorized by Section 83.040201(c) of this Code and California Government Code Section 66456.1 shall extend the expiration of the approved or conditionally approved Tentative Map and any associated development project by 36 months from the date of its expiration as provided in this section, or the date of the previously filed Final Map, whichever is later. Such extensions shall not extend the Tentative Map more than 10 years from its approval or conditional approval. However, a Tentative Map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Article 4 of Division 1 of the California Government Code may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased Final Maps which may be filed shall be determined by the Planning Agency at the time of the approval or conditional approval of the Tentative Map. It shall be the responsibility of the developer to notify the Office of Planning of the filing of the Final Map so that appropriate arrangements may be made to document such extension.

“Public improvements,” as used in this section, include traffic controls, streets, roads, highways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

(2) This period of time shall not include any period of time during which a moratorium, imposed after approval of the tentative map, is in existence, provided, however, that the length of the moratorium does not exceed five years.

Once a moratorium is terminated, the map shall be valid for the same period of time as that which remained of the map approval period at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.

(3) In addition, this period of time, including any extension granted pursuant to subsection (f), shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of the time period is approved by the city pursuant to this section. Within 10 days of the service of the initial petition or complaint in the lawsuit upon the city, the subdivider may apply to the city for a stay pursuant to the city’s adopted procedures. Within 40 days after receiving the application, the city shall either stay the time period for up to five years or deny the requested stay.

(f) Time extensions on approved Tentative Maps and/or any related development applications. The community development director may approve extensions of time for a period or periods not exceeding a total of 36 months, unless otherwise provided by the development code. Additional extensions of time, for a period or periods not exceeding a total of twenty-four (24) months, may be approved by the city council. Any application of a subdivider for such extension of time shall be made in writing to the community development director not less than 30 days prior to the expiration date. Such extension of time is subject to an extension fee as found in the city schedule of fees. If the final map is not recorded within the approved extension, then the subdivision must be refiled in accordance with all provisions of this Division.

(g) Withdrawal of Tentative Maps. Any subdivider or record owner of property upon which a tentative map has been filed may withdraw such map at any time until the recordation of the appropriate final map. Notice of such withdrawal shall be made in writing to the planning agency. Refund in filing fees for any such map withdrawn shall be made in accordance with the city schedule of fees.

(h) Appeal by subdivider.

The subdivider, or any tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, may appeal any action of the planning agency with respect to a tentative map. Any such appeal shall be filed with the office of planning for an action taken by the community development director, or with the city clerk for an action taken by the planning commission. Such appeals shall be filed within 10 days after the action of the planning agency to deny a request for extension of time for an approved or conditionally approved tentative map.

After the filing of an appeal, the appeal body shall set the matter for public hearing. Such hearing shall be held within 30 days after the date of a request filed by the subdivider or the appellant. Notice of the public hearing shall be provided. Within 10 days following the conclusion of the hearing, the appeal hearing body shall render its decision. The decision of the appeal hearing body shall comply with the provisions of this division and shall include all findings required by this division. If the appeal hearing body fails to act upon an appeal within the time limit specified in this division, the action of the planning agency shall be deemed to be upheld, and it shall be the duty of the secretary of the planning commission or the city clerk, whichever body has heard the appeal, to certify such action. The fee for filing of an appeal shall be established in the city schedule of fees.

(i) Complaint by interested person.

Any interested person adversely affected by a decision of the planning agency may file a complaint with the appropriate appeal body concerning any decision of the planning agency. Any such complaint shall be filed with the secretary of the planning commission or city clerk, depending upon the reviewing authority taking action. Such appeals shall be filed within 10 days after the action of the planning agency which is the subject of the complaint. Upon the filing of the complaint, the appeal hearing body shall set the matter for public hearing. Such hearing shall be held within 30 days after the filing of the complaint. Notice of the public hearing shall be provided.

Upon conclusion of the hearing, the appeal body shall within 10 days declare its findings based upon the testimony and documents produced before it, or sustain, modify, reject, or overrule any recommendations or rulings of the planning agency and make such findings as are consistent with the provisions of this division.

The fee for filing of a complaint shall be the same as that required for an appeal of a subdivision.

(Ord. 186 § 12, 1998)

§ 83.040225 Final Map.

The following provisions shall govern the filing and recording of the Final Map.

(a) Filing the advance copy of the Final Map. After receipt of the report of the Planning Agency approving or conditionally approving the tentative map, and at least 50 days prior to the expiration of the approval or conditional approval or any approved extension of time as provided by this Division, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a Final Map thereof prepared in accordance with the approved or conditionally approved Tentative Map, and an advance copy of the Final Map to be submitted to the County Surveyor. The advance copy of the Final Map shall be accompanied by the following information.

(1) Traverse sheets showing closures with allowable limits of exterior boundary and of irregular blocks and lots in subdivision.

(2) Preliminary title report.

(3) Fees for examining Final Map in the amount specified in the City Schedule of Fees adopted by the City Council.

(4) In the case of the conversion of residential property to a condominium, community apartment, or stock cooperative, evidence shall be submitted that the notices of intention to convert to prospective tenants, as required by California Government Code Section 66427.1, have been given.

(5) Composite Development Plan as subject to the provisions of Article 5 of this division.

(6) Any additional information as may be required by the Planning Agency or City standards shall be submitted to the appropriate City department.

(b) The Community Development Director shall be the primary coordinator in seeing that the conditions of approval of the Tentative Map have been fulfilled. The Community Development Director shall transmit maps to and request written reports from the City departments and public utilities, including any cable television systems, which have submitted recommendations on the Tentative Map. Within 20 days after receipt of such an advance copy of the Final Map, said Department or utility shall issue a preliminary written report as to the compliance or noncompliance of the advance Final Map as to the matters under its jurisdiction.

(c) Filing official copy of the Final Map. If the advance copy of the Final Map has been found satisfactory by the County Surveyor, the subdivider shall cause the Final Map to be officially filed with the City Engineer at least 20 days prior to expiration of the approval or conditional approval or any approved extension of time as provided by this division. Delays that occur from the County Surveyor review of a "timely filed" map may extend the expiration date by no more than one year. The Final Map shall not be officially filed until the engineer or surveyor has received notification from the City Engineer that all provisions of the Tentative Map approval, the Subdivision Map Act, City Code and City standards have been complied with. The official filing of the Final Map with the City Engineer will constitute the Final Map filing date.

(d) Checking and reports to the City Council.

After the issuance of a receipt for the official filing of the Final Map, the City Engineer shall examine it as to sufficiency of affidavits and acknowledgements, correctness of surveying data, mathematical data and computations, and other matters which may require checking to insure compliance with the provisions of the Subdivision Map Act and this division.

If the Final Map is found to be in substantial compliance with the Tentative Map and is in correct form and the matters shown thereon are sufficient and the Community Development Director is satisfied that all of the conditions of approval have been met, the City Engineer shall endorse approval thereon. The City Engineer shall combine with the Final Map the agreements, easements, and securities as required by this Division. Such material shall be transmitted by the Public Works Department to the City Council for its consideration of the Final Map.

(e) Approval of Final Map by the City Council.

(1) The City Council shall, within a period of 10 days after the filing of the Final Map for approval or at its next regular meeting after the meeting at which it receives the map, whichever is later, approve the map if it conforms to all the requirements of the Subdivision Map Act and this division applicable at the time of approval or conditional approval of the Tentative Map and any rulings made thereunder or, if it does not so conform, disapprove the map.

(2) If the Council does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved, and the City Clerk shall certify its approval thereon.

(f) Time limit for filing Final Map. If the subdivider fails to file the Final Map with the County Recorder and the required accompanying data with the appropriate City departments within 36 months after the date of first approval by the Planning Agency or within any authorized extension of time, the Tentative Map approval or conditional approval shall become void. In such a case, a new filing fee shall be paid, and a new Tentative Map approval shall be obtained.

(g) Improvement agreement. If at the time of approval of the Final Map by the City Council, any improvements required by local ordinance or as a condition of the approval of the Tentative Map have not been completed in accordance with City standards applicable at the time of the approval or conditional approval of the Tentative Map, the City Council, as a condition precedent to approval of the Final Map, shall require the subdivider to enter into an agreement with the City Council upon mutually agreeable terms to thereafter complete such improvements at the subdivider’s expense. The City Council shall require that performance of such agreement is guaranteed by appropriate securities.

(h) If 60 days prior to the submittal of a Final or Parcel Map, the subdivider has failed to comply with the Tentative Map or minor subdivision plot plan conditions which require the subdivider to construct or install off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest, including an easement or license, then at the time the Parcel or Final Map is filed with the local agency, to permit the improvements to be made, the subdivider shall enter into an agreement with the City to pay all costs of the City in acquiring such property. The City shall have 120 days from the filing of the Final Map or Parcel Map, pursuant to Section 66457 of the Subdivision Map Act, to obtain interest in the land to permit the improvement(s) to be made by negotiation or proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the California Code of Civil Procedure, including proceedings for immediate possession of the property under Article 3 (commencing with Section 1255.410) of Article 6 of such Title. In the event the City fails to meet the 120-day time limitation, the condition for construction of off-site improvements shall be conclusively deemed to be waived. Prior to approval of the Final Map, the City may require the subdivider to enter into an agreement to complete the improvements, pursuant to subsection (6) above at such time as the City acquires an interest in the land which will permit the improvements to be made.

“Off-site improvements,” as used in this subsection, do not include improvements which are necessary to assure replacement or construction of housing for persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code.

(Ord. 465 § 17, 2025)

§ 83.040230 Conditions of Map approval.

The conditions of map approval shall be as follows.

(a) Subdivisions for which a Tentative and Final Map are required. As a condition of approval of a map of five or more parcels, the Planning Agency may require such dedications and improvements as are necessary to insure that the lots to be created are provided with adequate public services and utilities, possibly including any appropriate cable television services, to meet the needs of future residents or users; are of adequate design in all respects; act to mitigate any potential environmental impacts identified in the Environmental Impact Report or by other means; and provide for proper grading and erosion control, including the prevention of sedimentation or damage to off-site property. All improvements shall be in accordance with adopted City standards.

(b) Access.

(1) Except as provided below, lots created by a subdivision of land shall abut upon a recorded dedicated public right-of-way of a width as established by the City Master Plan of Highways or City Highway Right-of-Way Standards, or shall be assured of access to the City road system by an approved access which connects a lot or lots to a maintained public street or state highway.

(2) The Planning Agency may waive the requirements for approved access to subdivisions having lot sizes of 40 gross acres or more when all of the following findings are made.

(A) The applicant is or will be subject to severe hardship unless the waiver is approved.

(B) There is an existing traveled roadway which has been in existence for at least five years, which roadway is at least 20 feet in width at all points.

(C) The roadway has capability for normal passenger car use to each lot in the subdivision.

(3) Private road easements may be approved for access to each lot if it is determined that public street access cannot be provided due to certain title limitations or topographical conditions.

(4) Road easements of record established prior to the effective date of this article shall be recognized as legal access to each lot of the subdivision.

(5) Existing traveled roads for which a court has determined that a prescriptive right by users exists for public use shall be recognized as legal access to each lot of the subdivision.

(c) In determining whether to approve or disapprove an application for a Tentative Map, the City shall apply only those ordinances, policies, and standards in effect at the date the proposal for the subdivision was accepted as complete, as provided in California Government Code Section 66474.2.