Chapter 17.15 LAND DIVISION REGULATIONS

1. All land division shall conform to the general plan, with all applicable specific plans, and with the requirements of this title except as hereinafter provided.

2. The requirements set forth in this title are minimum standards and requirements, and the planning director may establish additional policies to implement said standards and requirements, which the planning director finds necessary for proper and effective division of property and necessary to implement applicable general plan policies.

3. Exceptions from the requirements of this title relating to the design or improvement of land divisions shall be granted only when it is determined that there are special circumstances applicable to the property, such as, but not limited to, size, shape or topographical conditions or existing road alignment and width, and that the granting of the modification will not be detrimental to the public health, safety or welfare or be damaging to other property in the vicinity.

4. Applications for such exceptions shall be made in writing, stating fully the reasons and justification for the requested exception, and shall be filed with the tentative map to be acted upon when the tentative map is considered for approval, conditional approval or denial.

5. A tentative map shall be required of all applications for all land divisions for which a parcel or map is required pursuant to Section 66428 of the Subdivision Map Act. The requirement for a tentative map may also be waived by the planning director where a request for a waiver of a parcel meets with approval pursuant to CMC 17.15.080(M).

6. All land divisions shall conform to the resource management element of the general plan and the hillside development regulations, and requirements of this title except as hereinafter provided.

B. General Street Design.

1. The street system in the proposed land division shall be related, in general, to the existing streets in the area adjoining the proposed land division and shall be consistent with the general plan.

2. The proposed street system shall give consideration to the future land division of adjoining undivided property.

3. All streets shall be designed to serve the proposed use of the abutting land.

4. When improvements are required, part-width boundary streets in a land division adjacent to undivided land shall have a minimum half-width that is either half of the maximum design right-of-way or a minimum of 24 feet of paving, whichever is greater.

5. When no improvements are required, part-width boundary streets shall have a minimum right-of-way width of 30 feet.

6. Design of streets shall make provision for railroads, parkways, expressways, grade separations, flood control channels, prevailing geological conditions and local drainage facilities.

7. Whenever lots of a proposed land division are located more than 1,320 feet, in any area, from a publicly maintained circulatory road, a secondary access shall be provided. Documentation and improvement for such access shall be established as part of the tentative map review.

8. Dead-end and part-width streets shall not be permitted if it is determined that adjacent land use or topographical features will not permit the extension or widening of such streets. Dead-end streets shall be so designed that access to abutting property shall be physically possible.

9. When a special design for a cul-de-sac, length of street terminating in a cul-de-sac, landscaped median, or any other improvement design is proposed and is not provided for in this title or in the city improvement standards, the design shall be submitted to the planning department and city engineer for approval.

10. Concrete rolled curbs, in conformance with city standards, shall be required in place of standard curbs on dedicated streets in rural land use designations of the city upon the determination of the city engineer that the streets are adequate to handle drainage.

C. Private Streets.

1. Private streets may be permitted when it is determined that there are adequate provisions for their construction and continued maintenance, that the welfare of the occupants of the development will be adequately served and that it will not be detrimental to the public health, safety and general welfare.

2. Private Street Requirements – Homeowners’ Association. Private streets shall not be offered for dedication to public use. All private streets shall meet the width requirements set by the city engineer and shall be constructed to city standards. Any new tract proposing private streets and/or modifications to public street standards shall be required to form a homeowners’ association to provide for maintenance of all on-site infrastructures.

3. All streets that are permitted to be private may provide for access control by land division design, posting or gates. Gates shall meet the approval of the fire department and the city of Calimesa.

4. Interior streets of a planned residential development shall be constructed to minimum widths as determined by the planning department, city engineer and in accordance with city improvement standards.

5. When a special design for a cul-de-sac, length of street terminating in a cul-de-sac, landscaped median, or any other improvement design is proposed and is not provided for in this title or in the city improvement standards, the design shall be submitted to the planning department and city engineer for approval.

6. Concrete rolled curbs, in conformance with city standards, may be permitted in place of standard curbs on nondedicated streets upon the determination of the city engineer that the streets are adequate to handle drainage, and that an adequate maintenance program is provided in the covenants, conditions and restrictions and/or otherwise assured to the satisfaction of the city engineer.

7. Sidewalks shall be required to be constructed in conjunction with private streets unless it is determined by the approving body to be unnecessary, considering the design of the development. Sidewalk construction shall be in accordance with the city improvement standards.

8. Improvement plans, agreements and bonds shall be required for private streets in accordance with the applicable provisions of this chapter.

D. Street Grade.

1. Street grades for local streets may exceed 12 percent only when engineering design shows that the grade proposed is safe and that the lesser grade would deny access to land appropriate for use, subject to the approval of the fire department.

2. Street grades of less than one percent may be approved only when engineering design shows that local drainage provisions are adequate and steeper gradients cannot be obtained. The minimum acceptable grade shall be one-half percent unless a written request is made of, and written approval is granted by, the city engineer. The utilization of combinations of steep and minimum grade lines as a means of generating embankment materials for on-site tract grading to the detriment of street maintenance and good engineering design will not be approved. Every effort shall be made to design street grades which will be in conformance with the existing terrain.

E. Street Alignment.

1. All street intersections shall be at right angles, plus or minus five degrees, unless otherwise approved by the city engineer.

2. Centerline offsets of less than 200 feet shall not be permitted, except that in special design cases offsets of less than five feet may be used when approved by the city engineer.

3. Curb Returns.

a. A minimum curb return radius of 25 feet shall be provided at intersecting streets designated as collector or local streets.

b. A minimum curb return radius of 35 feet shall be provided when one or both of the intersecting streets is designated as a secondary arterial street or greater.

c. In hillside areas, the curb return radius may be modified if required because of the topography.

d. For streets where traffic-calming devices are designed, the minimum curb return radius may be reduced to enhance and improve the overall design plan for the street improvements. The city engineer shall approve the design.

4. Corner cutbacks shall be established as provided in city standards.

5. Median openings or crossovers between opposing lanes of a divided highway shall be located only at approved intersections and other locations as approved by the city engineer and planning department.

F. Alleys.

1. Improved alleys not less than 20 feet in width may be approved at the rear of all lots intended for industrial, commercial and multiple-family uses, residential low-medium, residential medium and planned residential developments (PRD).

2. Alley intersections shall have minimum corner cutbacks of 25 feet.

3. Dead-end alleys shall provide an adequate turnaround for emergency vehicles as required by the municipal code.

G. Lots.

1. Lot size shall be not less than the minimum required by the zoning classification applicable to the subject property, and shall be consistent with the Calimesa general plan.

2. When lots are crossed by public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement.

3. Side lot line intersection angles to the street centerline shall be approved by the city engineer and planning department. In most normal cases, unless specifically approved by the city engineer and planning department, the intersection angle shall not to exceed a five-degree deviation to the street centerline, except where terrain or other restrictions make such design impractical.

4. No lot shall be divided by a city, county, school district or other taxing agency boundary line.

5. The minimum lot frontage on a knuckle or cul-de-sac street shall be 35 feet measured along the property line unless otherwise specified in the development standards of the zoning classification.

6. Lot frontage along curvilinear streets may be measured at the building setback line in accordance with development standards of the zoning classifications.

7. Flag lots shall be discouraged and only allowed with the approval of the planning department, city engineer and fire department.

H. Exclusions.

1. Any contiguous property that is owned by the land divider shall be included within the boundaries of a land division when necessary or desirable in the design or improvement of the land division.

2. Any contiguous property that is owned by the land divider, but not included within the boundaries of the land division, shall be of such size and shape as to conform to the provisions of this title, the general plan, or any applicable specific plan; otherwise it shall be included within the boundaries of the land division.

I. Required Access.

1. No final map or parcel map shall be recorded unless adequate access is provided from each parcel of the land division to a road maintained for public use by a city, county, county service area, community service district, state or federal government agency.

2. Public access from a road maintained by a property owner’s association may be considered as access if the planning commission determines that:

a. The association has the unqualified right and legal responsibility to maintain the road pursuant to recorded conditions, covenants and restrictions;

b. Such requirement cannot be amended or terminated without the consent of the city; and

c. No other feasible means of guaranteeing maintenance of the road for public use is available.

3. The requirement for public access may be waived by the planning commission under the following circumstance:

a. If a parcel map creates four or less parcels and public access over intervening lands cannot be offered for dedication, an appurtenant private easement for ingress, egress, roadway and public utility purposes may be approved, provided:

i. The land to be divided is not zoned for commercial, industrial or multiple-residential use; and

ii. No parcel under one acre in size is created unless only one additional parcel is being created; and

iii. If no improvements are required, the private easement is no less than 24 feet in width, and is duly recorded, is perpetual in duration, and is not subject to liens and encumbrances which might impair or defeat its purpose. If improvements are required, a minimum of 40 feet is required; and

iv. The access easement owned by the land divider is not an exclusive easement or specifically written to prohibit further division of the land.

b. If the subdivision map has been previously recorded that permitted private streets without the requirement of offering the streets for dedication, a private road easement may be approved provided said easement grants the new lots unrestricted access rights to the existing private streets.

4. Public access is not required if each parcel created is 40 acres or more or is a quarter of a quarter section.

J. Design of Subdivision to Provide for Future Passive or Natural Heating or Cooling Opportunities.

1. In order to provide for future passive or natural heating and/or cooling opportunities in a subdivision, the following considerations shall be taken into account: subdivision lot design, size, configuration or structure, orientation in an east-west direction, local climate, contour, configuration of the parcel to be divided and other design and improvement requirements. Such provision shall not result in reducing allowable densities or the percentage of lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

These requirements do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

K. Design of Subdivision to Provide for Pedestrian and Bicycle Linkages.

1. Subdivisions shall be encouraged and may be required by the planning commission in the conditions of approval to include designs for nonmotorized and pedestrian linkages between existing and future streets and cul-de-sacs in residential developments and for access to adjacent activity centers, open space, parks, schools, and transit facilities. These designs provide a shortcut for biking and walking; reduce air pollution, vehicle trips and congestion; and provide for interaction between neighbors. Open space facilities may be designed between the cul-de-sac bulbs and/or interior streets.

All new residential developments shall be encouraged, and may be required by the planning commission in the conditions of approval to include the following requirements, if applicable for design of the subdivision. Such required provisions shall not result in reducing allowable densities or applicable planning and zoning in force at the time the tentative map is filed. The ultimate design shall be approved by the city engineer and planning department.

a. A linkage shall be required to be provided between all interior cul-de-sacs of a proposed subdivision that are in excess of 300 feet in length, except where terrain or other restrictions make such design impractical. Linkage designs shall be approved by the planning commission and be of sufficient width as to provide safe and adequate passage from one cul-de-sac to another.

b. Linkages shall be provided to all open space areas, parks, activity centers, schools and transit facilities from cul-de-sacs, interior or circulatory streets of the development, except where terrain or other restrictions make such design impractical.

c. The linkages shall be designed and constructed of appropriate materials as approved by the city engineer, planning department and planning commission.

d. Linkages shall be illuminated by street lights at entries and may be internally illuminated and landscaped as approved by the planning commission. Linkages between residences shall have decorative block walls or barriers as approved by the planning commission.

e. Linkages shall be dedicated to the city, homeowners’ association or conservation and maintenance authority.

L. Open Space Design Policies. All new residential developments shall be encouraged to include the following requirements, if applicable for design of the subdivision. Open space design and clustering techniques will enhance developments and provide for a more rural atmosphere in the city as described in our general plan. Such required provisions shall not result in reducing allowable densities or applicable planning and zoning in force at the time the tentative map is filed. The ultimate design shall be approved by the city engineer and planning department.

1. Provide creative design ideas to ensure that cookie-cutter subdivision layouts do not prevail.

2. Orient golf courses and open space areas toward exterior of developments to give illusion of larger open space design.

3. Encourage the use of planned residential development overlays as described in Chapter 18.40 CMC which includes the provisions for density bonus, density transfers and clustering techniques.

4. Require dedication of sensitive areas classified from the resource management element of the general plan to form green ways and open space dedications in new developments.

5. Accommodate the use and design of wildlife corridors. Create open space corridors, linking open space areas with linear strips of land, in new developments to promote use of open space.

M. Enhanced Cul-de-Sac Street Design Standards.

1. Enhanced cul-de-sac street designs shall be permitted within proposed residential developments of the city of Calimesa with the approval of the city engineer and planning department. Examples of enhanced cul-de-sac street designs include:

a. Modified hammerhead or bulb orientations.

b. Diagonal lot orientation not to exceed 45 degrees.

c. Detached garages.

d. Narrower public right-of-way dedications and street improvements.

2. The review of proposed enhanced cul-de-sac streets shall be completed on a case-by-case basis, establishing maximum number of units, street improvements and other requirements as determined by the planning department, city engineer and fire department. [Ord. 277 § 2, 2008; Ord. 96-8 § 2; Code 1990 § 13.3.01.]

17.15.020 Tentative maps – General.

A. Tract and Parcel Map Numbers.

1. Prior to the filing of a tentative map for a land division, a tract or parcel map number shall be obtained from the Riverside County transportation and land management department or other property authority.

2. When the tentative map is a parcel map division, this shall be indicated upon the face of the map.

3. The planning director shall maintain a permanent record of all tract numbers within the city limits.

4. When applying for a tract or parcel map number, the land divider shall certify that either the developer is the record owner of the property, or that the developer is the authorized legal agent for the record owner, or the land divider shall submit other such proof of ownership or consent of the owner as may be required by the city engineer.

5. When a tract or parcel map number has been assigned by the county for a particular parcel or contiguous parcels of land, the land divider shall place the tract or parcel map number upon each tentative map of the land division. Neither the tract or parcel map number nor the parcel(s) of land for which the number was issued shall thereafter be changed or altered in any manner upon the tentative map unless and until a new number has been assigned by the county.

B. Preliminary Corner Stakes. At the request of city staff, the land divider may be required to place a conspicuous stake identified with a number or corner description and flag at each approximate corner of the property to be divided. The stake shall extend at least three feet above ground and be identified with a number and owner description.

C. Application.

1. Prior to filing a tentative map, the land divider shall obtain and complete an application for land division, which form shall be furnished by the planning department and completed by the divider.

2. The application shall be for the purpose of:

a. Providing and clarifying the information required to be shown on, or to accompany, the tentative map;

b. Determining whether the land division conforms to all the requirements of this title and other city ordinances; and

c. Expediting the processing of the tentative map.

D. Division of Land.

1. No person shall make any land division, as herein defined, of real property located in the city, except in accordance with the provisions of the Subdivision Map Act, Land Surveyors Act, this title and other appropriate laws.

2. When a tentative map has been submitted, no grading or construction work shall be performed until the tentative map and the improvement plans for such work have been approved by the appropriate approving authority. [Ord. 96-8 § 2; Code 1990 § 13.3.02.]

17.15.030 Tentative maps – Required information.

A. Filing of Tentative Map.

1. Action Following Filing. For purposes of this section, the 50-day limitation for action after filing of the tentative map shall commence after certification of the environmental impact report, adoption of a negative declaration or determination that the project is exempt from the requirements of Division 13 (commencing with Section 21,000) of the Public Resources Code (CEQA).

2. Submittal Requirements. All tentative maps shall be submitted to the planning department and shall be accompanied by the appropriate fees as set by the city council and shall comply with this title.

3. Additional Information. Within 30 days of the date on which the map is submitted, the planning department shall determine whether any additional information is required, and the applicant or representative shall be so notified. Once the information required to complete the review of the tentative map is provided, the planning department shall accept the map as complete for filing. Additional information which may be required shall include, but is not limited to, data necessary to complete environmental review, flood and drainage studies, sewage disposal information, and circulation studies.

B. Fee for Flood Protection Study.

1. If required by the city engineer, a flood protection study shall be submitted. A flood protection study fee (as set forth by the city council) shall be paid upon the submittal of the tentative map if required by the city engineer.

2. No fee shall be imposed for a flood protection study on a revised tentative map filed within two years of the original filing.

3. There shall be no flood protection study or fee associated with the reversion of subdivided lands to acreage.

C. Map Distribution. Upon the submittal of the tentative map filing package to the planning department, one copy thereof shall be forwarded to each member of the appropriate planning commission and to each of the following, as necessary:

1. City engineer;

2. Public works department;

3. Fire department;

4. School district(s);

5. California Department of Transportation (if applicable);

6. Flood control district (if applicable);

7. Local sewer/water servers, as applicable to the property involved;

8. Riverside County health department (if applicable);

9. Police department;

10. Any other public agency, as appropriate.

D. Review by Project Review Committee (Optional or at Planning Director Discretion).

1. All tentative maps may be reviewed by the project review committee (PRC). The land divider and his representative shall be notified of the date and time of the meeting, at which time the land divider shall review the proposed map with the committee.

2. Upon completion of its review, the PRC shall prepare a report and recommendation and transmit a copy thereof to the land divider and his representative.

E. Consideration by the Planning Commission.

1. Tract Maps and Parcel Maps.

a. Except as described herein, a public hearing shall be held before the planning commission and its report thereon shall be made. Notice of the hearing shall be given as provided in CMC 17.15.200. After closing the hearing, the planning commission shall approve, conditionally approve or disapprove the proposed tentative map.

b. Notice of the decision shall be filed with the city clerk and a copy thereof mailed to the land divider or authorized agent and any interested party requesting a copy.

F. Consideration of Tentative Maps by the City Council.

1. The decision of the planning commission is final 11 days after the decision is rendered unless:

a. An appeal is filed within 10 days of the planning commission action; or

b. A member of the city council requests that the city council assume jurisdiction of the matter within 10 days of the planning commission action; or

c. The tentative map requires prior approval of a general plan amendment, zone change or other approval vested solely with the city council.

2. If the planning commission decision is appealed or the city council assumes jurisdiction, a public hearing on the matter shall be held not more than 30 days thereafter.

G. Approval of Tentative Maps Requiring a Zone Change by the City Council.

1. The city council shall have final approval of tentative maps when such maps require a zone change to be processed. The decision of the city council is final.

a. The application process shall be the same as the tentative map process described in this title.

H. Appeal of Actions.

1. Appeal of Action of the Planning Commission.

a. The land divider or any interested party may appeal the decision of the planning commission on a tentative subdivision or parcel map to the city council. Any such appeal shall be filed with the city clerk within 10 days after the decision of the planning commission. The appeal shall be filed in writing, stating the basis for the appeal, and shall be accompanied by the applicable fee as required by the city.

b. Upon the filing of the appeal, the city clerk shall set the matter for a public hearing on a date within 30 days after the date of the filing of the appeal and shall give notice of the public hearing in the same manner as was given for the original hearing or as otherwise required by law. Upon conclusion of the hearing, the city council shall render its decision on the appeal within seven days, declaring its findings therefor, and it may sustain, modify, reject or overrule any actions or rulings of the planning commission.

2. Appeal of the Action of the Planning Director.

a. The land divider or any interested party may appeal the decision of the planning director to the planning commission. Any such appeal shall be filed with the planning director within 10 days after the decision. The appeal shall be filed in writing, stating the basis for the appeal, and shall be accompanied by the applicable fee as required by the city.

b. Upon filing of the appeal, the planning director shall set the matter for a public hearing on a date within 30 days after the date of the filing of the appeal and shall give notice of the public hearing in the same manner as required by law. Upon conclusion of the hearing, the planning commission shall render its decision on the appeal within seven days.

I. Extension of Time for Processing. All time limits specified in this title for reporting and acting on tentative maps may be extended by the mutual consent of the land divider and the planning commission or city council, but in no event may the extensions exceed the maximum applicable period permitted by state law.

J. Failure to Receive Notice. Failure to receive notice of a hearing shall not invalidate the action taken by the planning commission or the city council.

K. Waiver of Final Parcel Map. Upon request of the land divider, the planning commission may waive the requirement that a final parcel map be prepared; provided, that the planning commission finds that the proposed land division complies with the following requirements contained in this title, and provided that a tentative parcel map has been prepared:

1. Required area;

2. Required improvements;

3. Flood water drainage control;

4. Appropriate improved public roads;

5. Sanitary disposal facilities;

6. Water supply availability;

7. Environmental protection;

8. Adequate existing survey control; and

All other provisions of this and other applicable ordinances of the city and the Subdivision Map Act. [Ord. 96-8 § 2; Code 1990 § 13.3.03.]

17.15.040 Processing of tentative maps.

Deleted during 2008 recodification. [Ord. 96-8 § 2; Code 1990 § 13.3.04.]

17.15.050 Vesting tentative maps.

A. Introduction.

1. It is the purpose of this section to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the Subdivision Map Act and this chapter (Land Division Regulations). Except as otherwise set forth in the provisions of this section, the provisions of this chapter shall apply to the processing of vesting tentative maps.

2. This section is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state of California (hereinafter referred to as the vesting tentative map statute), and may be cited as the vesting tentative map ordinance.

3. Development agreements shall be processed as described in Chapter 18.85 CMC.

B. General Provisions.

1. Consistency.

a. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by this title or other applicable ordinances.

2. Application.

a. This section shall apply both to residential and nonresidential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed in accordance with the provisions herein.

b. If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

3. Filing and Processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this chapter for a tentative map except as hereinafter provided:

a. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “vesting tentative map.”

b. At the time a vesting tentative map is filed, a subdivider shall also supply the following information unless waived by the planning director or city engineer, as appropriate:

i. Height, size, location and uses of all existing and proposed buildings;

ii. Existing and proposed sewer, water, storm drain and road details;

iii. Detailed grading plans, including soils information;

iv. Flood control information or engineer’s drainage study, as required and approved by the city’s engineer;

v. Plans to include roofs, materials, fences and walls, elevations, landscaping, signs and such other improvements as may be required for architectural or design review by city ordinances or regulations;

vi. A traffic study approved by the city engineer, unless waived by the city engineer;

vii. Archeological, geological, seismic and soils studies as found to be necessary by the planning director;

viii. An acoustical study approved by the planning director for properties requiring such study by city ordinance, regulations or policies;

ix. An application to rezone the property if the proposed use or density is not permitted in the current zone; and

x. Such other information as may be requested by the planning director or city engineer or other city department to permit a complete analysis and appraisal of the project.

c. The provisions of subsection (B)(3)(b) of this section shall be applied in a manner consistent with the provisions of Section 66498.8(d) of the vesting tentative map statute.

4. Fees.

a. Upon filing a vesting tentative map, the subdivider shall pay the fees as set forth by the city council for the filing and processing of a vesting tentative map.

5. Expiration.

a. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions established by this chapter for the expiration of the approval of a tentative map.

6. Approval of Vesting Tentative Map.

a. Subject to the provisions of the vesting tentative map statute, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances and policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

b. Notwithstanding subsection (B)(6)(a) of this section, any fees required to be paid after the tentative map is approved, such as park fees, school fees, drainage, improvement or other development impact fees, and the like, and landscape and maintenance requirements, shall be paid in the amount required or otherwise complied with at the time each is required to be paid or performed.

c. Notwithstanding subsection (B)(6)(a) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

i. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, and/or both;

ii. The condition or denial is required in order to comply with state or federal law.

d. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in this chapter. If the final map is recorded, these rights shall last for the following periods of time:

i. An initial time period of 36 months beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

ii. The initial time period set forth hereinabove shall be automatically extended by that time used by the city for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days from the date a complete application is filed.

iii. A subdivider may apply to the planning commission for a one-year extension at any time before the initial time period set forth hereinabove expires. If the extension is denied, the subdivider may appeal that denial to the city council by depositing a written notice of appeal with the city clerk within 10 days of the date of denial.

iv. If the subdivider submits a complete application for a building permit during the periods of time specified in this section, the rights conferred by the vesting tentative map statute shall continue until the expiration of that permit, or any extension of that permit granted by the city.

7. Development Inconsistent with Zoning – Conditional Approval.

a. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at the time, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it, conditioned on the subdivider, or his designee, obtaining the necessary change in the zoning to eliminate the inconsistency. If the change in the zoning is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection (B)(6) of this section, confer the vested right to proceed with the development in substantial compliance with the change in the zoning and the map, as approved.

b. The rights conferred by this section shall be for the time periods set forth in subsection (B)(6) of this section.

8. Applications Inconsistent with Current Policies.

a. As recognized under the provisions of Section 66498.4 of the vesting tentative map statute, notwithstanding any provision of this section, a property owner or his or her designee may seek approvals or permits for developments which depart from the ordinances, policies and standards described in subsections (B)(6) and (7) of this section, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable ordinances and other law. [Ord. 96-8 § 2; Code 1990 § 13.3.05.]

17.15.060 Urban lot splits.

A. The purpose of these standards is to establish procedures and standards for the urban lot splits pursuant to SB 9 in a manner that preserves the integrity of single-family residential areas, avoids adverse impacts on such areas, and provides additional housing opportunities consistent with state law.

B. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met. The community development director shall approve an exception to any of the standards specified in this section upon determining that complying with the standard would physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 square feet in floor area.

C. The city may deny an application for an urban lot split if the building official makes both of the following findings in writing based upon a preponderance of evidence:

1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2); and

2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D. The following standards shall apply to all urban lot splits:

1. Except as expressly provided in this section or SB 9, all other applicable regulations from the Calimesa Municipal Code shall apply, along with all applicable requirements of state law including the Subdivision Map Act.

2. Notwithstanding Government Code Section 66411.1, the city shall not require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split.

3. No lot resulting from an urban lot split shall be smaller than 1,200 square feet.

4. No lot resulting from an urban lot split shall have more than two residential units inclusive of any accessory dwelling unit or junior accessory dwelling unit.

5. The two lots resulting from an urban lot split shall be approximately equal in size, and no smaller than 40 percent or larger than 60 percent of the lot area of the original parcel.

6. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot.

7. The width of any lot resulting from an urban lot split shall not be less than 20 feet wide.

8. The proposed parcel map shall demonstrate the ability to access the public right-of-way in perpetuity.

E. Applicants are required to submit an application, including any maps, records, or other documents required by the community development director. Applicants must provide a sworn statement affirming eligibility with SB 9 regulations. The city may, at the applicant’s expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.

F. A property owner seeking approval of an urban lot split shall execute and record a covenant, supplied by the city and subject to the approval of the city attorney, that contains the following provisions:

1. Nonresidential uses on the site shall be prohibited;

2. The short term rental for periods less than 30 days of any units on the site shall be prohibited;

3. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited;

4. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split;

5. Ongoing compliance with all SB 9 requirements and restrictions shall be required;

6. Access to the public right-of-way shall be maintained in perpetuity; and

7. All required parking shall be maintained.

G. Urban lot splits shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and the MSHCP implementing agreement, and pay any applicable fees including any local development mitigation fee. [Ord. 388 § 4, 2023.]

17.15.070 General regulations.

A. Revised Tentative Maps.

1. Any revised tentative map shall comply with all of the provisions of the Subdivision Map Act and this chapter in effect at the time the revised map is approved.

2. A revised tentative map shall be processed in the same manner as for the original approval of the tentative map, as applicable. The approval or conditional approval of a revised tentative map shall annul the approval of the original tentative map, but shall not extend the time limit within which the final map must be filed.

B. Minor Changes.

1. A request for approval of a minor change to an approved tentative map shall be filed with the planning department, accompanied by the fee specified by the city council, and may be referred to the project review committee.

2. Minor changes to an approved tentative map shall be considered by the hearing body which approved the original tentative map. Therefore, the planning commission shall consider changes to an approved tentative map except where the original map was approved by the city council as a result of an appeal or referral by the planning commission.

3. The planning director shall make a written recommendation thereon to the hearing body that has jurisdiction of the map. The recommendation of the planning director shall thereafter be placed upon the regular agenda of the planning commission for its decision.

a. If the planning commission is the original approving hearing body, such decision shall be final unless appealed to the city council.

b. If the city council is the original approving hearing body, such decision shall be forwarded to the city council for final action.

4. The planning director shall provide a notice of hearing to the owner of the property, to the project applicant and to all the owners of real property which is located within 300 feet of the exterior boundaries of the property, as such owners are shown on the latest equalized assessment roll, and shall arrange for the required notice to appear once in a newspaper of general circulation in the area affected by the proposed project at least 10 days prior to the hearing. Said notice of public hearing shall be given only on those minor changes which the land division had previously required a notice of public hearing.

C. Division Into Phases – Multiple Final Maps.

1. Multiple final maps (phases) relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map provided:

a. The subdivider, at the time the tentative map is filed, informs the city of his intent to file multiple final maps on such tentative map; or

b. Prior to approval of the tentative map, the city and subdivider concur in the filing of multiple final maps.

2. No phased map shall be approved unless it is complete and in compliance with all of the provisions of this title, including fire protection, flood control, traffic circulation, access and environmental considerations. Each phased map shall comply with all conditions of approval of the tentative map, and shall be specifically approved by the planning commission.

3. Each phase shall be identified by the approved tentative map number with a dash number designating said phase. The phase number shall be designated by the city engineer upon payment of the fee specified by the city council. Phases shall be recorded in the order as indicated by the phase number. The last phase within a tentative map to be recorded will not bear a phase number.

4. No more than three unrecorded phase numbers may be issued or be effective on a tentative map at any time, unless otherwise approved by the planning commission during a public hearing.

5. The right of the subdivider to file multiple final maps shall not limit the authority of the city to impose reasonable conditions relating to the filing of multiple final maps.

D. Expiration of Approved Tentative Maps and Vesting Tentative Maps – Extension of Time.

1. Tentative Subdivision Maps. An approved or conditionally approved tentative subdivision map shall expire 24 months after such approval unless within that period of time a final map shall have been approved and filed with the county recorder.

a. Prior to the expiration date, the land divider may apply in writing for a discretionary extension of time to the duration of the tentative map. Each application shall be made to the planning director 30 days prior to the current expiration date of the tentative map and shall be accompanied by the fee set by the city council. The planning director shall forward to the planning commission a recommendation for approval or denial of the discretionary extension application. The planning commission may extend the date on which the map expires for incremental periods of one year but not to exceed a cumulative period of six years.

b. The decision of the planning commission shall be final unless the decision is appealed to the city council, or the city council or any council member elects to hear the matter when the notice of decision appears on the agenda.

c. Any appeal must be filed with the city clerk accompanied by the fee set by the city council within 10 calendar days of the date the notice of decision appears on the city council agenda.

2. Tentative Parcel Maps. Expiration of approved or conditionally approved tentative parcel maps shall be subject to the same provisions specified for tentative subdivision maps under subsection (D)(1) of this section.

3. An extension of time shall not be granted unless all incurred city fees have been paid; the land division conforms to the general plan; the land division is consistent with existing zoning and with applicable improvement standards; and the land division will not be detrimental to the public health, safety and welfare.

4. Vesting Tentative Maps. A vesting tentative map shall be subject to the same expiration and extension of time provisions as a tentative map; provided, however, that on recordation of a final map, the rights conferred on a vesting tentative map shall be as specified under CMC 17.15.050(B)(6)(d).

5. If the subdivider is required to construct, improve, or finance the construction or improvement of public improvements outside the boundaries of the tentative map, and said cost of improvements is equal to or exceeds the dollar amount as specified in the current edition of the State Subdivision Map Act, each filing of a final map as specified in CMC 17.15.080 shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date of its expiration or the date of the previously filed final map, whichever is later. The extension shall not extend the tentative map more than 10 years from its approval or conditional approval. For the purposes of this section, the number of phased final maps which may be filed shall be determined by the hearing body at the time of the approval or conditional approval of the tentative map.

6. The period of time specified in this section shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction if the stay of the time period is approved by the planning commission pursuant to this subsection. After service of the initial petition or complaint in the lawsuit upon the city the subdivider may apply to the planning department for a stay pursuant to this section.

a. Applications for a stay shall be made to the planning director by letter form and shall be accompanied by the filing fee set by the city council and shall include such information and documents as may be required by the planning director.

b. The planning director shall forward to the planning commission a recommendation for approval or denial of the request for a stay. The planning commission shall act on the requested stay within 40 days after the application is received by the planning director. The decision of the planning commission shall be forwarded to the city clerk.

c. The decision of the planning commission shall be final unless the decision is appealed to the city council, or the city council or any council member elects to hear the matter after the notice of decision appears on the agenda. Any appeal must be filed with the city clerk accompanied by the fee set by the city council within 10 days of the date the notice of decision appears on the city council agenda. [Ord. 366 § 1, 2019; Ord. 96-8 § 2; Code 1990 § 13.3.07.]

17.15.080 Final land division maps.

A. General. After the approval or conditional approval of the tentative map and prior to the expiration of such map, 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 current city standards and the approved or conditionally approved tentative map. Nothing in this section, nor in CMC Title 18, the official zoning ordinance, shall prevent the city from entering into an agreement with a developer for the purpose of allowing the construction of a model home complex, solely for the purpose of display and sale of similar dwelling units to be constructed within the project for a fixed period of time.

B. Subdivision Boundary Survey Plat Requirements.

1. Surveys made in preparation of final land division maps shall be in accordance with standard practices and principles of surveying and all applicable provisions of the Subdivision Map Act.

2. Before the final map of a subdivision will be accepted by the city engineer for checking, the land divider shall submit and obtain approval by the city engineer of a map showing:

a. A boundary survey of the land division, including all courses and distances necessary to compute a closure;

b. Sufficient data to prove the method by which the boundary was determined, including a description of all corners found or set, adjoining maps or property lines of record.

3. The city engineer may waive the boundary plat if sufficient survey information is of record.

4. Whenever the city engineer has established the centerline of a street, that data shall be considered in making the surveys and in preparing the final map. All monuments found shall be indicated and proper reference made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact shall be stated. The final map shall show city and county boundaries adjoining the division of land.

C. Preliminary Filing of Final Subdivision Map.

1. Following the approval or waiver of the boundary survey plat by the city engineer, the subdivider may file the final map for preliminary checking in the office of the city engineer. The quantity of the number of positive prints required for such preliminary checking shall be determined by the city engineer.

2. The final map shall be accompanied by:

a. A map checking fee as set by the city council;

b. Any additional data as determined by the city engineer.

3. The proposed improvement plans shall be submitted and accompanied with the plan checking fee as set by the city council.

4. Prior to the recordation of the final map, the following items shall be provided and approved:

a. A copy of the approved conditions, covenants and restrictions (CC&Rs), as applicable, which are to be recorded with the final map;

b. Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a final land division map, a subdivision guarantee shall be issued by a California title company. The consent of the owner or owners of any contingent reversionary interest in the lands to be subdivided is not necessary and need not be named in the guarantee of title;

c. All requests for waivers of signatures as provided in the Subdivision Map Act;

d. Utility Plans:

i. An original and three positive prints of each map showing the proposed water distribution and sewage collection systems, signed by a registered civil engineer and the water and sewer purveyors. Each system shall comply with all applicable state and county and city regulations. The fire department shall also sign the water plans when conditions include fire protection; and

ii. Letters from other utility purveyors that will serve the land division certifying that satisfactory provisions have been made with each of the said public utility purveyors as to location of their facilities and construction thereof.

D. Preliminary Filing of Final Parcel Map. Following the approval of a tentative parcel map, the land divider may cause a final parcel map to be prepared and submitted to the city engineer. The land divider shall submit the following along with the final parcel map:

1. The number of positive prints of the final parcel map as determined by the city engineer with plan checking fee as set by the city council;

2. All required improvement plans with plan checking fee as set by the city council; and

3. Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests herein. In the event that any dedication is to be made for public use of any property shown on a final parcel map, a subdivision guarantee shall be issued by a California title company.

E. Data Required – Final Land Division Maps.

1. Final subdivision and parcel maps shall conform to all of the following provisions:

a. Each map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or good quality polyester base film. Certificates may be legibly stamped or printed upon the map with opaque material when recommended by the city engineer and authorized by the county recorder. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch;

b. Each map, including each sheet of a multisheet map, shall bear the number as assigned by the county road department or other proper official which shall be followed by a subtitle consisting of a general description of all the property being divided by reference to record maps, and to section surveys or ranchos. References shall be spelled out and worded identically with original records, with complete reference to proper book and page of record;

c. All sheets shall be numbered, the relation of one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet. An adequate number of sheets shall be submitted to clearly present all pertinent data;

d. A location map shall be placed on the final map which indicates the location of the proposed land division and its relationship to existing streets and highways;

e. The certificates and acknowledgments required by the Subdivision Map Act and this title shall appear on the first sheet only. “Certificates” shall include the following:

i. Owner’s certificate;

ii. Trustee’s certificate;

iii. Recorder’s certificate;

iv. Surveyor’s/engineer’s certificate;

v. City engineer’s certificate;

vi. City clerk’s certificate;

vii. Tax collector’s certificate;

viii. Tax bond certificate (as appropriate);

f. The first sheet shall also include: (i) signature omissions (relating to oil, gas or mineral rights) and (ii) notice of election by land divider to defer payment of drainage fees. If needed, the second map sheet may be used for notary acknowledgments. In no case shall the certificates noted above be placed on the second sheet of a multisheet map;

g. The recorder’s certificate shall be placed in the upper right hand corner of the map or in the upper right hand corner of the first sheet only of multisheet maps;

h. The surveyor’s or engineer’s certificate shall state that the survey was made by him or under his direction, that the survey is true and complete as shown, that all monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retracted, that the map conforms to the approved tentative map and conditions of approval thereof, and that all provisions of the applicable state and local ordinances have been complied with;

i. The number, scale, north point and sheet number shall be shown on each sheet of the map. The map shall be drawn at a suitable engineer’s scale to identify and describe all essential details clearly. If more than two map sheets are used, an index showing the division of land, with lots numbered as shown on the map, shall be shown. A complete boundary survey shall be shown on one sheet of every phase of a unitized subdivision. Said boundary shall also reflect the original boundary as shown on the tentative map of said subdivision;

j. A land division name shall not be shown on the map;

k. The exterior boundary of the land shown on a land division map shall be indicated by a distinctive delineation and clearly designated;

l. A statement labeled “surveyor’s notes” or “engineer’s notes” shall be shown on the first map sheet after the signature sheet of a multisheet map. The statement shall include the basis of bearings; the monuments that were found; the monuments and points that were set, with reference to city standards; and a key to the symbols and abbreviations and such other information required by the city engineer;

m. Lots shall be numbered consecutively, commencing with the number “1” with no omissions or duplications. Each lot shall be shown in its entirety on one sheet. Lots used for streets, alleys, or barrier strips shall be lettered. Easements shall be clearly identified; and

n. Where a part-width street is shown on a map, the centerline of the improvements shall be shown correctly with monuments, as related to the full future width of the street.

2. The following data shall be shown on each final subdivision and parcel map:

a. Dates of survey and the name and registration number of the person authorized to practice land surveying by the state of California and who is responsible for the preparation of the map;

b. Locations and names (without abbreviations) of all adjoining, existing and proposed streets and the location of alleys. Proposed public areas and easements shall also be identified;

c. Gross area of land division, and the net acreage, computed to the nearest 0.01 acres, on all lots containing one acre or more. Lot lines shall be shown by solid lines;

d. The centerline of all streets and lengths, tangent, radius and central angle or radial bearings on all points on curves and the bearings of radial lines to each lot corner on a curve; the width of each street, the width of the portion being dedicated and the width of existing dedications; and the widths of right-of-way of railroads, flood control or drainage channels and other easements appearing on the map;

e. Sufficient data to determine readily the bearing and length of each line. Recorded survey data as required by the city engineer;

f. Ties to and recording references to adjacent record maps and to section corners, quarter-section corners and also to section lines and quarter-section lines when adjacent or within the map;

g. Centerline data and width of all easements to which the division of land is subject. If the easements are not definitely located by record, a statement as to the easement shall appear on the title sheet of the land division. Distances and bearings on the side lines of lots which are cut by an easement shall be so shown as to indicate clearly the actual location. Alignment data alongside lot lines of easements shall be provided when not controlled by paralleling lines or centerline. The easement shall be clearly labeled and identified and, if already on record, proper reference to the records given. Easements dedicated in land divisions shall be included in the owner’s certificate of dedication. Easements shall be shown on the map by broken lines;

h. Clear indication of stakes, monuments or other evidence found on the ground to determine the boundaries of the tract, data to determine physical description, size, ground position, tag number and record reference of survey markers; untagged monuments accepted as control shall be tagged or replaced by the surveyor or engineer making the survey;

i. No setback lines shall appear on the final map;

j. New street names shown on a land division map must be approved by the city council;

k. When an environmental constraint sheet is required, a note shall be placed below the surveyor’s notes on the final map in one-fourth-inch-high bold block letters stating: “Environmental Constraint Note: Environmental constraint sheet affecting this map is on file in the planning department. This affects Lot Nos. __ or Parcel No. __”; and

l. The basis of bearings must be between two found monuments of one record map survey plat or right-of-way map on file and approved by the county surveyor or the city engineer. Replacement monuments may be used if the position of the original monuments has been preserved by cross-ties or swing ties acceptable to the city engineer. The bearing and distance of the reference line shall be shown on the map and if the distance is also of record it shall be so stated. If a basis of bearing is not available from a record map then a basis will be as determined by the city engineer.

F. Composite Development Plan.

1. Filing Criteria for Composite Development Plans.

a. The city engineer may require the filing of a composite development plan at the time a final or parcel map is accepted for recordation. These maps will reflect the information required by the city engineer and planning department and shall be filed with the city engineer and planning department concurrent with the recordation of the final or parcel map. Wherever a composite development plan is required, these plans shall be submitted prior to recordation of the final or parcel map.

2. Content. The content and form of composite development plans shall be governed by the provisions of this section.

a. Standards and Preparation. A reproduction shall be made on linen or Mylar of the map sheets of the final or parcel map which shall conform to the following provisions and adopted city standards:

i. In the top margin of all the map sheets, there shall be prominently labeled “composite development plan.” Advance copies shall be submitted for approval by the city engineer prior to submittal of the linen or Mylar of the final or parcel map.

ii. Notes on composite development plans.

(A) The plan shall contain a section titled “composite development plan notes.” The city may list here any conditions or mitigating measures stipulated for the development of the subject property. Any explanatory notes related to criteria delineated on the map shall also be listed within this section. In addition, any related reports regarding development criteria shall be listed, including the following information:

(1) Title and date of the report.

(2) Name and credentials of the person or firm preparing the report.

(3) The location where the reports are on file.

b. The plan may delineate and note applicable criteria to the development of the subject property. These criteria are limited to:

i. Building criteria (e.g., building setback lines). Any yard setback lines that are delineated on composite development plans shall be the street and yard setback distances required on the property within said composite development plan.

ii. Geological and seismic criteria.

iii. Grading criteria.

iv. Flood control criteria (e.g., setbacks).

v. Environmental criteria.

c. The following statement shall be prominently displayed on each map sheet:

Composite Development Plan Notes on this plan are for informational purposes, to indicate conditions and criteria that exist on this property that were known and identified as of the date this plan was filed. This information is derived from public records or reports and is not intended to affect record title interest.

3. Procedures. This subsection shall govern the procedures for the processing, approval or disapproval of a composite development plan.

a. Filing Advance Copy.

i. At least three weeks prior to the recordation of the final or parcel map, the composite development plan shall be submitted for coordination of review to the city engineer.

b. Filing Official Copy of Composite Development Plan.

i. Concurrent with the filing for recordation of the final or parcel map, the composite development plan shall be filed with the city engineer.

4. Amendment to Composite Development Plan.

a. Should any correction and amendment to a final or parcel map be made that affects the composite development plan, as authorized by this section, then the applicant shall file with the city engineer a corrected composite development plan that is reviewed by the planning director. The city engineer is authorized to approve amended maps when they do not adversely impact the conditions of other departments and the amendment is in substantial compliance with the conditions of approval of the tentative or parcel map.

G. Parcel Maps Compiled from Recorded Data. A parcel map of four or less parcels may be compiled from recorded or filed data, if such data is acceptable to the city engineer.

H. Filing of Final Land Division Maps.

1. After the preliminary final land division map is determined to be correct, the city engineer shall notify the land divider to prepare and submit the original and duplicate original of the final map together with all required agreements for improvements and securities and all other required documents as may be necessary for consideration of the final map. If the final land division map or documents are not determined complete by the city engineer, they shall be returned to the land divider for corrections.

2. The original and duplicate original map shall be inscribed on polyester base film, including the required signatures, and shall meet the requirements of the city engineer.

3. The original map and all other pertinent materials shall also be submitted on an electronic media in geographical information system (GIS) form. This electronic media submittal shall meet the requirements of the city of Calimesa planning department and city GIS standards.

I. Action by the City Engineer. When a final land division map and all agreements, securities and other required documents have been submitted and found to be in correct form, the city engineer shall, within 20 days thereafter, file the final map and documents with the city clerk and certify that:

1. The map has been examined by the city engineer;

2. The land division as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof;

3. All provisions of the Subdivision Map Act and all city ordinances applicable at the time of approval of the tentative map have been complied with;

4. The map is technically correct; and

5. In the certificate, the city engineer shall state the date of approval of the tentative map and the date of expiration.

J. Action by the City Council.

1. The city council, upon filing of a final land division map, shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of the Subdivision Map Act and this title 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; provided, however, that the final map shall not be disapproved due to technical or inadvertent errors which in the opinion of the city engineer do not materially affect the validity of the map.

K. Surveys and Monuments.

1. At the time of making the survey for a final land division map, the engineer or surveyor shall set sufficient durable monuments to conform to the standards described in Section 8771 of the Business and Professions Code and also comply with city standards.

2. All monuments for final land division maps containing five or more lots shall be set prior to the recordation of the map unless the land divider executes a secured agreement guaranteeing the setting of the monuments.

3. All monuments for final land division maps containing four or less lots shall be set prior to the recordation of the map.

L. Delivery of Final Map to the Recorder.

1. Upon approval by the city council, the city clerk shall certify that all required certificates, security and deposits have been filed and shall transmit the final map to the recorder.

2. The land developer shall present to the recorder evidence that, at the time of the filing of a final map, the parties consenting to the filing are all of the parties having a record title interest in the real property being divided whose signatures are required, as shown by the records in the office of the recorder. Failure to provide such evidence shall be cause for the recorder to refuse to accept the map for filing.

3. The recorder shall have not more than 10 days within which to examine the final land division map and either accept or reject it for filing.

4. If the recorder accepts the map for filing, such acceptance shall be certified on the face thereof.

5. The recorder, upon filing the final subdivision map or parcel map, shall attach the recording data to the polyester type film duplicate original and thereupon deliver the same to the city engineer who shall retain custody thereof.

M. Waived Maps.

1. The waiver of the final parcel map by the city engineer indicates that the city engineer has determined that adequate information is available, and the necessary conditions of the tentative map have been met, and therefore, that a final map is not required.

2. The city engineer may waive a final parcel map according to the provisions set forth herein.

3. When a final parcel map has been waived, the city engineer shall distribute copies of the certificate of compliance and waiver of the parcel map to the planning department and file a certificate of compliance with the recorder’s office upon payment of the fee by the subdivider as set per the city council.

N. Certificate of Correction of Final Maps. After a final map or parcel map is filed in the office of the county recorder, the recorded final map may be modified by a certificate of correction.

1. Application. The land divider may apply for a certificate of correction upon finding that one or more of the following conditions apply:

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

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

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

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

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

f. To correct any other type of map error or omission as approved by the city engineer which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. As used in this section, “error” does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

2. The application for a certificate of correction shall be made to the planning department upon payment of fees set by the city council and on the forms provided by the planning department and shall include such information as required by the city engineer in addition to the following:

a. The certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor and shall show in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.

3. Recordation of Certificate of Correction. Once the certificate of correction has been certified by the city engineer, the certificate of correction shall be filed in the office of the county recorder in which the original map was filed. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate tract designation shown on the amended map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to give notice of all such corrections in the same manner as though set forth upon the original map.

O. Amendment of Final Maps.

1. In addition to the amendments authorized by subsection (N) of this section, after a final map or parcel map is filed in the office of the county recorder, the recorded final map may be modified by an amendment of final map.

2. Application. The land divider may apply for an amendment of final map on the forms provided by the planning department upon payment of fees as set by the city council and shall include such information as required by the city engineer.

3. No amendment of final map shall be approved unless it complies with the following standards:

a. There are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary;

b. The modifications do not impose any additional burden on the present fee owner of the property;

c. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and

d. The city engineer finds that the map as modified conforms to the provisions of this title.

4. Notice of Hearing. The planning director shall set the matter for public hearing in accordance with CMC 17.15.200. The hearing shall be confined to consideration of and action on the proposed modification.

5. Recordation of Amendment of Final Map. When the changes to a final map are in conformance with the adopted city standards, the city engineer shall certify to this fact on the amended map. [Ord. 255 § 2, 2006; Ord. 96-8 § 2; Code 1990 § 13.3.08.]

17.15.090 Land division dedications and improvements.

A. Dedication Requirements.

1. General Requirements. The dedication requirements as specified by this section are imposed as provided by Section 66475 of the Subdivision Map Act, and shall apply to all final tract and parcel maps, parcel map waivers, lot line adjustments and lot mergers unless exempted from specific dedication requirements by the Subdivision Map Act. In addition, the provisions of this section may be imposed as necessary on projects not involving a subdivision in order to implement the provisions of the general plan.

2. Public Streets, Highways, Alleys, and Easements.

a. All streets, highways, alleys, ways, easements, rights-of-way, and parcels of land which are shown on the final tract map, parcel map, or development plan, and which are intended for public use, shall be offered for dedication for public use by appropriate certificate unless required otherwise by the city engineer. If a subdivision is involved, the certificate shall be on the title page.

b. When vehicular access rights from any lot or parcel to any highway or street are to be restricted as a requirement of a subdivision, such rights shall be offered for dedication to the city by the appropriate certificate. A note stating: “Vehicular Access Rights Dedicated to the City of Calimesa” shall be placed on the final map along the highway or street adjacent to the lots or parcels affected. If a subdivision is not involved, equivalent certificates and notes dedicating such vehicular access rights shall be required in a form approved by the city engineer.

3. Utility and Landscape Easements. Any public or private utility and/or landscape easements required by any utility agency or by the city shall be shown on the final tract map, parcel map, or by the equivalent documentation if a subdivision is not involved. Said easements shall be dedicated to the appropriate party by separate document.

4. Drainage Facilities.

a. In the event that a subdivision or development, or any part thereof, is determined by the city engineer to be traversed by a major watercourse, channel, stream, or creek, the subdivider or developer shall dedicate an adequate right-of-way for storm drainage purposes if, in the opinion of the city engineer, such dedication is necessary. In the event that the natural watercourse does not lie entirely within such dedication, the subdivider or developer may, as approved by the city engineer, either construct an adequate channel within such dedication or delineate the course of such watercourse, upon the final map or upon an equivalent document if a subdivision is not involved.

b. If an artificial drainage facility is necessary for the general use of lot or parcel owners in a subdivision or other development, and is necessary for adequate drainage as may result from the development and its improvements, the subdivider or developer may be required to provide such improvements. If required, an adequate right-of-way for the construction and maintenance of such drainage channel shall be dedicated on the final map, if applicable, or granted by separate instrument.

c. When storm drains are necessary for the general use of lot or parcel owners in a subdivision or other development, and such storm drains are not to be installed in the streets, alleys, or ways of such subdivision or development, then the subdivider or developer shall offer to dedicate upon the final tract map, parcel map, or by separate instrument, the necessary rights-of-way for such facilities.

d. When a property or any portion thereof being subdivided or developed is within the natural drainage path of adjoining unsubdivided or undeveloped property, and no street, alley, or way within the subdivision or development is designed to provide for the drainage of such adjoining property, the subdivider shall dedicate drainage rights-of-way which are adequate to accommodate the flows calculated for such adjoining property based on the full development of said adjoining property.

5. Bike Lanes and Trails. All bike lanes, trails, and pedestrian links which are required by the general plan or required as a condition of approval shall be shown on the final tract map, parcel map, or development plan, and which are intended for public use shall be offered for dedication for public use by appropriate certificate unless required otherwise by the city engineer. If a subdivision is involved, the certificate shall be on the title page.

B. Dedication Requirements – Green Ways.

1. Whenever land that is proposed to be divided for residential, commercial or industrial use lies within the boundaries of the city, the dedication of land may be required as a condition of approval of the division of land, as herein provided. The city shall have the option of requiring dedication of land for green ways as a condition of approval of the division of land, as herein provided.

2. The city shall have the option of requiring dedication of land for green way purposes and for mitigation of noise receptive uses, visual/aesthetic harm and/or scenic highway classifications as a condition of approval of subdivisions adjacent to an interstate highway and/or any public road classified as a secondary arterial or larger. Such dedication shall be according to the following provisions:

a. All subdivisions which abut an interstate highway shall dedicate a 30-foot strip of land adjacent to the highway right-of-way for the purpose of green way landscaping. Landscaping shall conform to the provisions of Chapter 18.70 CMC.

b. All subdivisions which abut an public road classified as a secondary arterial or larger shall dedicate a 20-foot strip of land adjacent to the public right-of-way for the purpose of green way landscaping. Landscaping shall conform to the provisions of Chapter 18.70 CMC, Landscape Requirements.

C. Improvement Standards – General.

1. Standards for the design and improvements of subdivisions and other developments shall be in accordance with the applicable sections of this title, the city’s general plan and any specific plans adopted by the city of Calimesa, and such other standards as may, from time to time, be adopted by the city council, and incorporated herein by reference.

2. In the absence of a standard for an improvement, the city engineer may establish a standard in keeping with good construction and engineering practices.

3. When asphalt-concrete dikes are permitted and drainage is required to cross at intersecting streets, concrete curb returns and cross-gutters shall be installed.

4. Structural roadbed sections shall be designed using recognized design methods, employing engineering soils analysis and determination of traffic evaluations.

5. Streets shall be constructed of asphalt, concrete, stamped and/or colored concrete or pavers as approved by the city engineer.

6. The street pattern in the land development shall not land-lock adjacent property or preclude access to public land.

7. When located under the pavement, utility mains and utility services shall be installed before the final street surfacing is installed.

8. When an existing underground utility or pipeline crosses a proposed land division or an access to a land division, the land divider shall adequately protect the utility or pipeline as directed by the utility owner as part of the conditional approval of the land division.

D. General Improvement Standards – Streets. Determination of actual improvements shall be based on a traffic engineering study and/or recommendation by the city engineer based on city standards. The minimum improvements for streets are established as follows:

1. Major arterial: 100 feet of public right-of-way in width, 84 feet of pavement designed and constructed in conformance with city standards. Limited access shall be maintained on major arterial streets. No private residential access shall be provided.

2. Secondary arterial: 80 feet of public right-of-way in width, 64 feet of pavement designed and constructed in conformance with city standards. Limited access shall be maintained on secondary arterial streets. No private residential access shall be provided.

3. Collector streets: 66 feet of public right-of-way in width, 44 feet of pavement designed and constructed in conformance with city standards. Limited access shall be maintained on collector streets. Minimum distance between access points off public collector streets shall be 200 feet. Access points shall include individual and common driveways, private streets and on-site public roads.

4. Residential collector and commercial/industrial streets: 60 feet of public right-of-way in width, 40 feet of pavement designed and constructed in conformance with city standards.

5. Minor residential streets shall be designed in conformance with city standards. Special provisions shall be allowed for street design if approved by the city engineer and planning department.

6. Cul-de-sac streets shall be designed in conformance with city standards.

7. Specific plan streets: these are defined as streets in an area covered by a specific plan. The exact alignment, right-of-way, width and design shall be governed by the approved specific plan.

8. Traffic rounds shall be allowed or required with approval of the city engineer, public works director and planning department. Design standards shall be reviewed at the time of submittal.

9. Traffic-calming devices such as chicane/staggering, gateway/threshold, narrowing/throttle, speed table/plateau and neck down/choker shall be allowed or required with approval of the city engineer, public works director and planning department. Design standards shall be reviewed at the time of submittal.

10. Street name signs: type and placement shall conform with city standards.

11. Sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalks may be deleted in areas where no residential or public access is required. Sidewalks shall always be required in commercial/industrial areas and shall be located adjacent to the curb unless parkway, meandering or other special designs are approved. Residential sidewalks shall be located adjacent to the curb with incorporated tree planters placed next to the curb with sidewalks located behind planters, unless parkway, meandering or other special designs are approved. Sidewalk construction, orientation, planter spacing and width shall be in accordance with city standards.

12. Curb and gutters shall be required of every subdivision. Construction shall be of concrete with asphalt only being permitted where the city engineer, planning and public works determine acceptance. Rolled curbs may be permitted within the rural areas of the city as identified by the general plan. Curb and gutter construction shall be in accordance with city standards.

13. Gang Mailbox Requirements. Gang mailboxes shall be placed behind the sidewalk and oriented on a concrete pad that enables a person or handicapped individual complete access.

E. Specific Improvement Standards – Residential Streets. The specific minimum improvements for residential streets are established as follows:

1. Residential collector streets: 40 feet of pavement, 60 feet of right-of-way in width, designed and constructed in conformance with city standards. This improvement standard shall be implemented when the following criteria is attained:

a. Primary access for, and/or serving more than 100 dwelling units.

2. Minor residential streets shall be designed in conformance with city standards. Special provisions shall be allowed for street design if approved by the city engineer and planning department. This improvement standard shall be implemented when the following criteria are attained and determined on the circulation pattern of traffic within the subdivision:

a. The requirement for serving 100 dwelling units or less shall be 36 feet of pavement within a 60-foot right-of-way. Conjugated sidewalks shall be installed in accordance with subsection (E)(4) of this section.

b. The requirement for serving 50 dwelling units or less shall be 32 feet of pavement within a 60-foot right-of-way. Conjugated sidewalks shall be installed in accordance with subsection (E)(4) of this section.

c. The requirement for serving 25 dwelling units or less shall be 28 feet of pavement within a 50-foot right-of-way. Conjugated sidewalks shall be installed in accordance with subsection (E)(4) of this section.

3. Cul-de-sac and enhanced cul-de-sac streets shall not exceed 660 feet in length and shall be designed in conformance with city standards. This improvement standard shall be implemented when the following criteria are attained and shall be determined on the circulation pattern of traffic within the subdivision:

b. The requirement for serving 25 dwelling units or less shall be 32 feet of pavement within a 60-foot right-of-way. Conjugated sidewalks shall be installed in accordance with subsection (E)(4) of this section.

c. The requirement for serving 15 dwelling units or less shall be 28 feet of pavement within a 50-foot right-of-way. Conjugated sidewalks shall be installed in accordance with subsection (E)(4) of this section.

4. Conjugated sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalks may be deleted in areas where no residential or public access is required. Residential sidewalks shall be located adjacent to the curb with incorporated tree planters placed next to the curb with sidewalks located behind planters unless parkway, meandering or other special designs are approved. Sidewalk construction, orientation, planter spacing and width shall be in accordance with city standards and the following:

a. A conjugated sidewalk pattern shall be constructed that maintains a minimum five-foot width, as specified by CMC Title 18, Zoning, Land Use and Development Regulations. A conjugated sidewalk with integral planter design of several possible geometric shapes including, but not limited to, arcs, triangles, and squares shall be constructed. These shapes will form the landscape or street tree planters. The planter shape will consist of a configuration such as a triangle, square, or arc next to the curb with the sidewalk traversing the ground behind the planter within public right-of-way. The sidewalk planter shall be constructed with a minimum spacing and size as regulated in Chapter 18.70 CMC, Landscape Requirements.

5. Curb and gutters shall be required of every residential street. Construction shall be of concrete with asphalt only being permitted where the city engineer, planning and public works determine acceptance. Rolled concrete curbs shall be required in rural residential, estate residential and open space land use areas of the city as identified by the general plan. Curb and gutter construction shall be in accordance with city standards.

F. Improvement Standards – Domestic Water. The minimum requirements for domestic water supply and distribution systems are as follows:

1. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards).

2. Piped water systems.

G. Improvement Standards – Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:

1. Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load or, if an existing collection system is not available, by the development of individual subsurface disposal systems that meet building and safety department and the Regional Water Quality Control Board standards and requirements.

2. Improvement plans for sewage collection shall be reviewed as required by this chapter.

3. Dry sewers may be required as set forth in CMC 17.15.120 when subsurface sewage disposal is approved.

H. Improvement Standards – Fire Protection. The minimum requirements for fire protection facilities shall be as follows:

1. Type of fire hydrant and connection as approved by the fire department.

2. Approved fire hydrants shall be located on all city streets and spaced as approved by the fire department.

3. The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site.

I. Improvement Plans Required.

1. All improvements constructed or installed in a land division shall be in accordance with detailed plans and specifications as approved in writing by the city engineer prior to commencement of said improvement work.

2. All plans shall be submitted to and approved by the city engineer prior to submitting a final subdivision map to the city council, or, if no final subdivision map is required, prior to commencement of construction. Upon approval of said plans, they shall become the property of the city.

3. All improvements constructed or installed in subdivisions shall be in accordance with plans and specifications as approved by the city engineer.

4. Contractors shall secure an encroachment permit for all work done in connection with subdivisions within public right-of-way prior to commencing said work.

5. Required improvement plans shall show the location of all existing improvements, including, but not limited to, electrical, natural gas, telephone and any other service facilities adjacent to or potentially affected by the proposed improvements.

6. All improvements shall be prepared by a registered civil engineer. Said improvements shall be completed or shall be bonded for, in accordance with adopted city bonding requirements, by each subdivider or developer, as required by the conditions of approval, prior to acceptance of the final tract map, or the equivalent, if a final subdivision map is not required.

7. Improvements proposed or required on state highway right-of-way shall be located in the improvement plans and designed to Department of Transportation standards. Prior to approval by the city engineer, the subdivider or developer shall obtain the Department of Transportation’s approval for such improvements. [Ord. 96-8 § 2; Code 1990 § 13.3.09.]

17.15.100 Flood control and drainage.

A. General Provisions.

1. The minimum design for facilities which control drainage water generated within a subdivision or flood water flowing into or crossing a subdivision shall be based on the 100-year flood, as defined in this title.

2. Hydrologic and hydraulic calculations for the design of drainage facilities which control drainage water generated within a subdivision shall be submitted to the city engineer for review and approval.

3. Hydrologic and hydraulic calculations for the design of flood control facilities to control flood water flowing into or crossing a subdivision shall be submitted to the city engineer for review and approval.

4. The use of streets for flood control and drainage purposes may be prohibited by the city engineer if the use thereof is not in the interest of the public health, safety and welfare.

5. When the city engineer permits the use of streets for flood control and drainage purposes for collectors or local streets, the 10-year frequency design discharge shall be contained between the tops of curbs or asphalt concrete dikes. For secondary arterial roads and major arterial roads, two dry travel lanes shall be provided during a 10-year frequency storm. The 100-year frequency design discharge shall be contained within the street right-of-way. If either of these conditions is exceeded, in the opinion of the city engineer, additional flood control facilities shall be provided to the satisfaction of the city engineer.

6. Where new flood control or drainage facilities are to be constructed, adequate provision for continued maintenance of the facilities shall be provided, as approved by the city engineer.

B. Flood Control.

1. The city engineer shall review the hydrologic calculations submitted by the subdivider or developer, and shall determine the adequacy of peak discharges of off-site flood water impinging upon the subdivision from which protection must be provided.

2. Improvement plans for flood control facilities to control flood water flowing into or crossing a subdivision shall be subject to approval by the city engineer.

3. After receipt of an acceptable tentative map, the city engineer shall recommend conditions to be imposed. The city engineer may require that a flood hazard report be furnished by the subdivider or developer. A flood hazard report review fee as established by city council resolution shall be paid upon the submittal of the flood hazard report or hydrology study to the planning director.

4. There shall be no flood hazard study required by the city engineer for reverting subdivided lands to acreage.

C. Drainage.

1. Improvement plans for drainage facilities to control drainage or stormwater generated within a subdivision shall be subject to approval by the city engineer.

a. Streets crossing improved channels shall be provided with culverts of adequate size to permit passage of the channel design flow or such other type of crossing as approved by the appropriate flood control agency and the city engineer.

b. When a subdivision changes, concentrates or increases the natural flow of surface water onto adjacent property, one of the following shall be required:

i. The water shall be directed to an adequate outlet which is either existing or will be constructed as part of the subdivision;

ii. The subdivider or developer shall obtain a recordable easement or written agreement for drainage purposes across the affected property, and the city engineer may require drainage improvements be constructed across the affected property; or

iii. The subdivider or developer shall, at a minimum, be required to provide on-site retention facilities for the incremental increase in runoff which will be created by the subdivision or development.

2. Proposed developments shall be designed to allow for drainage from adjacent undeveloped properties, and provide oversized drainage facilities as needed to accommodate flow from adjacent property upon its development.

3. When a proposed development encroaches into the 100-year floodplain, the developer shall submit design plans and other engineering data to FEMA and request FEMA to revise the FEMA map accordingly. Prior to map approval of a subdivision, the developer shall obtain positive response from FEMA that the 100-year floodplain boundary will be revised to reflect the project to be outside the 100-year floodplain areas.

D. Area Drainage Plans and Drainage Fees.

1. Area drainage plans which are determined to be necessary by the city council shall be adopted by resolution of the city council pursuant to the provisions of Government Code Section 66483 et seq. Such area drainage plans shall cover a particular drainage area, contain an estimate of the total cost of constructing the drainage facilities required by the plan, shall include a map of the area that shows the boundaries of the drainage area, the location of the required facilities serving the drainage area, and shall specify the resulting drainage fee for that area drainage plan. As a part of the adoption of a plan, the city council shall find and determine the following:

a. That the subdivision and/or development of land within the plan area will require construction of the facilities described in the plan.

b. That the drainage fees are fairly apportioned within the local drainage area on the basis of benefits conferred on property proposed for subdivision or development, or on the need for local drainage facilities created by the proposed subdivision and development of other properties within the adopted drainage area.

2. Drainage fees, pursuant to Section 66483 et seq. of the Government Code, may be imposed as a condition to the division of land. Whenever land that is proposed to be divided or developed lies within the boundaries of an area drainage plan, a drainage fee in the amount required by the plan for the area, as adopted or thereafter amended, shall be required as a condition of approval of the division or development of land in that drainage area.

3. Area drainage plans may provide for varying fees; provided, however, the fee as to any property proposed for subdivision or development within a drainage area shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within the area which would be assessable on such property if the costs were apportioned uniformly on a per acre basis.

4. Drainage fees shall be paid at the time of the filing of the final map or parcel map, as a condition of the waiver of the filing of a parcel, or at an equivalent time if a subdivision is not involved; provided, however, at the option of the subdivider or developer, the fee may be paid in pro rata amounts at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular area drainage plan at the time of actual payment of the fee.

a. If the subdivider or developer elects to have payment made at the time of issuance of a grading or building permit, the recorded final map, parcel map, or certificate of compliance evidencing the waiver of the filing of a parcel map shall specifically state that payment of a drainage fee is required to be paid prior to issuance of a grading permit or building permit. In addition, a separate instrument shall be recorded by the subdivider or developer in the office of the county recorder, at the time of the filing of the final map, parcel map, or certificate of compliance evidencing the waiver of the parcel map, which gives notice that a drainage fee is required to be paid by any person that owns such parcels prior to issuance of a grading or building permit.

b. If the drainage fee is paid at the time of the filing of the final map, parcel map, or certificate of compliance evidencing the waiver of the parcel map, it shall be paid to the planning department. If the drainage fee is paid at the time of issuance of a grading or building permit, it shall be paid to the building department. A separate fund shall be established by the city for each adopted local drainage area. Money in such funds shall be expended for construction or reimbursement for construction, including the acquisition of right-of-way necessary for construction of the drainage facilities serving the drainage area for which the fees are collected, or to reimburse the city for the cost of engineering and administrative services to design, construct and acquire any necessary right-of-way for the facilities.

5. At the discretion of the city council, nonmonetary considerations, such as dedications of right-of-way, actual construction, or design work by a civil engineer, may be accepted in lieu of the payment of drainage fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.

6. Money may be advanced by the city to design or construct drainage facilities or to acquire necessary right-of-way within an adopted drainage area; therefore, money so advanced shall be reimbursed to the city from the fund for the local drainage area in which the facilities are located.

7. When required for the implementation of an adopted area drainage plan, an agreement may be entered into between a developer and the city, whereby the developer may advance money for the construction of facilities, or to design or to construct facilities within a local drainage area; provided, that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing to the local drainage facilities fund for the drainage area in which the facilities are located. Reimbursement shall be for the amount agreed upon in advance only, and shall not include interest or other charges. The agreement shall expire 15 years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

8. The drainage plan area, the required facilities, and the drainage fee in an adopted area drainage plan may be amended by the city council at any time upon a determination that it is necessary to do so in order to correctly reflect the drainage area, the required facilities, or estimated cost of the facilities. [Ord. 96-8 § 2; Code 1990 § 13.3.10.]

17.15.110 Park and recreation fees and dedications.

A. This section is adopted pursuant to Section 66477 of the Government Code which provides for the dedication of land for park and recreational facilities as a condition of approval of a tentative map or parcel map.

B. Whenever land that is proposed to be divided for residential use lies within the boundaries of the city, the dedication of land may be required as a condition of approval of the division of land, as herein provided. The city shall have the option of requiring dedication of land for park purposes as a condition of approval of the division of land, as herein provided. The city shall have the option of requiring dedication of land for park purposes as a condition of approval of subdivisions of 50 parcels or more. Such dedication shall be in lieu of park land impact mitigation fees.

C. It is hereby found and determined by the city council that the public interest, convenience, health, welfare and safety requires that five acres of land for each 1,000 persons residing within the city shall be devoted to children’s play lots, neighborhood and community parks and recreational facilities, based upon the determination by the city council that the amount of existing neighborhood and community park areas, as calculated pursuant to Government Code Section 66477, exceeds the limit set forth therein, and the calculated amount of five acres per 1,000 persons residing within a subdivision subject to this section is hereby established. No credit shall be given to a subdivider for provision of natural or private open space, private parks, private recreational areas, landscaped setbacks or landscaped road dividers within or adjacent to the proposed subdivision.

D. Exemptions.

1. Commercial or industrial developments;

2. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old and as to which no new dwelling units have been added by the subdivision;

3. Subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition of approval shall be placed on those maps that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four years after recordation of the subdivision map, the park land impact mitigation fees shall be required to be paid by the owner of each parcel as a condition to issuance of such permit.

E. Dedication Requirements.

1. Whenever a tentative tract map or other residential approval which is subject to the provisions of this section is submitted to the planning director, the submittal shall be accompanied by a written statement from the applicant stating whether the applicant intends to dedicate land, pay fees in lieu thereof, or a combination of both, for park and recreational purposes. If the applicant intends to dedicate land for this purpose, the planning director shall be consulted as to the appropriate area to be dedicated, and such area shall be shown on the proposed tentative tract map as submitted. Dedications of park land shall be approved and accepted by the city council.

2. The conditions of approval of a tentative tract map subject to the provisions of this section shall require the dedication of land, the payment of a fee in lieu thereof, or a combination of both for park and recreational purposes. If land is to be dedicated, the proposed dedication shall be shown on the approved tentative map. If fees are to be paid, the conditions of approval shall specify the amount of fees to be paid to the city, and the timing for such payments.

3. All dedications of land shall be in accordance with the Subdivision Map Act. Land shall be conveyed in fee simple to the city by grant deed, free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the city agrees to accept. All deeds shall be delivered to the city prior to the approval of the final map. If the final map is disapproved, or if it is withdrawn by the subdivider, the deeds shall be returned to the subdivider. If the final map is approved, the deeds shall be recorded by the city at the time the final map is recorded. No deed for the dedication of land shall be accepted unless it is accompanied by a policy of title insurance, secured by and at the expense of the subdivider, in an amount equal to the value of the land dedicated.

4. Deeds for park land dedications shall be returned to the subdivider, project applicant or developer, as applicable, upon:

a. Disapproval of a final map, if a final map is required; or

b. Withdrawal of a final map, if a final map is required.

Deeds shall be returned under the circumstances described above within a reasonable time period, not to exceed 90 days from the date of withdrawal or disapproval, or as established by city ordinance. [Ord. 96-8 § 2; Code 1990 § 13.3.11.]

17.15.120 Dry sewers.

If a subdivision is submitted and connection to a wet sewerage system is not required, the installation of a dry sewer system may be required in accordance with the following:

A. The agency that provides sewage collection and treatment services has a plan that includes the area being subdivided and an implementation program for the wet sewer system that would serve the area within a reasonable period of time, and the serving agency has agreed to serve the subdivision.

B. The subdivider has contacted and has secured a letter of approval from the agency that will have the ultimate responsibility for acceptance of the sewage treatment and disposal thereof and the maintenance of the proposed dry and wet sewer lines. The approval letter shall be submitted to the city as required by the conditions of approval.

C. Installation of the sewer mains, laterals and connections shall be completed prior to the installation of street improvements. [Ord. 96-8 § 2; Code 1990 § 13.3.12.]

17.15.130 Reclaimed water.

If a subdivision is submitted and connection to a reclaimed water system for public landscaping is not required, the installation of a dry system may be required in accordance with the following:

A. The agency that provides reclaimed water connection has a plan that includes the area being subdivided and an implementation program for the reclaimed water system that would serve the area within a reasonable period of time, and the serving agency has agreed to serve the subdivision.

B. The subdivider has contacted and has secured a letter of approval from the agency that will have the ultimate responsibility for deliverance of the reclaimed water and the maintenance of the main distribution lines. The approval letter shall be submitted to the city as required by the conditions of approval.

C. Installation of the reclaimed water mains, laterals and connections shall be completed prior to the installation of street improvements. [Ord. 96-8 § 2; Code 1990 § 13.3.13.]

17.15.140 Underground utilities.

A. Requirement for the Underground Installation of Utility Lines. Except as provided in this title, the following utility lines, existing and proposed, shall be installed underground in conjunction with new development projects. Said undergrounding of utility lines shall include, but not be limited to, all new electrical distribution lines, existing electrical distribution lines of 34,500 volts (V) or less, telephone, street light service lines, cable television and similar service wires or cable which:

1. Provide new service to the property being developed;

2. Are existing and located within the boundaries of property being developed;

3. Are existing between the property line and the centerline of the peripheral streets of the property being developed; or

4. Are along the project perimeter boundary.

B. Responsibility for Compliance. Arrangements, including payment of all costs, for undergrounding utility lines shall be made by the developer or owner of the property to be developed with the serving utility company(s). Undergrounding of utility lines and structures may be done by the developer or owner, with permission from the serving utility.

C. Timing of Compliance. Undergrounding shall be completed:

1. Prior to the inspection approval of related street improvements; or

2. Prior to building occupancy if no related street improvements are required.

D. Street Lights.

1. Street lights shall be fed by underground utilities. Street lights shall be placed behind the sidewalk where the sidewalk is adjacent to the curb. Pole spacing shall be 100 feet on center in commercial/industrial areas, 200 feet on center in residential areas and 300 feet on center in rural areas. Where appropriate, poles shall be placed alternately on each side of the street at required spacing.

2. Each cul-de-sac street bulb or other restricted outlet street shall have a street light at the appropriate end of the roadway.

3. Each intersection within a subdivision shall have a street light.

4. Nonmotorized linkages shall have a street light at the entry and exit points.

5. Street light poles, light fixtures, arms and lumen requirements shall conform to city standards. For street lights within the Calimesa Boulevard Corridor, refer to CMC 18.120.130.

E. General Exceptions. The following exceptions shall apply:

1. Utility service poles may be placed in the area within six feet of the rear lot line of the property to be developed for the sole purpose of terminating underground facilities.

2. Temporary utilities, along with the necessary service poles, wires and cables, may be permitted for the period during which authorized construction is continuing for which valid building permits have been issued or for temporary uses which comply with requirements of this title, the building code and other applicable regulation.

3. Appurtenances and associated equipment including, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts for an underground system, may be placed above ground.

F. Exceptions Approved by the City Engineer. The following further exceptions may apply, subject in each case to the specific written approval of the city engineer, and then only on the basis of a formal request detailing the reasons therefor:

1. On developments consisting of three lots or less that do not in total exceed 150 feet of frontage for residential, commercial, office professional, business park, public/quasi-public, or industrial development, the city engineer may waive construction of underground utility lines along the peripheral streets or property lines; but all on-site utility service lines shall be installed underground. However, in such a situation, the developer or property owner shall deposit the cost, as determined by the city engineer, for undergrounding utility lines along the peripheral streets or property lines with the city for future under-grounding work to be done by the city.

2. New single-lot family residences constructed in rural undeveloped areas where there are no existing utility lines within a quarter-mile radius. However, in such a situation, the developer or property owner shall deposit the cost as determined by the city engineer for undergrounding utility lines along the peripheral streets or property lines with the city for future undergrounding work to be done by the city.

G. Responsibility for Compliance. The developer or owner is responsible for complying with the requirements of this section, and shall make all necessary arrangements with the utility company for the installation of such facilities.

H. Nonconforming Structures. Buildings and structures which on the effective date of this title, or any subsequent amendments thereto, are nonconforming in regard to above-ground utilities may continue to be used, altered or enlarged in the same manner, as if such nonconforming utility lines did not exist. However, when said buildings or structures are enlarged over 2,500 square feet in area, said utility lines shall comply with the requirements of this chapter. [Ord. 294 § 5, 2009; Ord. 96-8 § 2; Code 1990 § 13.3.14.]

17.15.150 Street trees.

A. Street trees shall be installed in accordance with the provisions of Chapter 18.70 CMC, Landscape Requirements.

B. The proposed location of all street trees shall be indicated on the street improvement plans and street landscape plans submitted to the planning department for final approval.

C. Exemptions. Any person may be exempted from any applicable requirement to plant street trees if any of the following conditions are found to exist:

1. Tree planting is impractical due to unsatisfactory soil, rock, grade or other topographical conditions that cannot readily be corrected;

2. A satisfactory water supply is not available;

3. Tree planting will create conditions hazardous to traffic;

4. The street is planned to be widened within a reasonable period of time and trees cannot now be set in their ultimate right-of-way; or

5. Trees are already planted in the substantially correct location.

6. Any request for an exemption shall be approved by the planning director. The decision on any request for an exemption under this section shall be made prior to the issuance of any grading or building permits. [Ord. 96-8 § 2; Code 1990 § 13.3.15.]

17.15.160 Lot line adjustments.

A. General Provisions. A lot line adjustment is a modification of a boundary line between two or more adjacent legal parcels where the modification complies with the following criteria:

1. No new parcels are created, and no existing parcels are deleted;

2. No parcel is reduced below the minimum lot area required by the zoning designation set forth in this title and the general plan;

3. The proposed adjustment is exempt from the Subdivision Map Act, and no tentative map, or final map, shall be required as a condition to the approval of a lot line adjustment; and

4. Public rights-of-way are not altered in any way unless approved by the city engineer.

B. Filing Requirements. Applications for lot line adjustment, as defined in this section, shall be made to the planning director on forms provided by the planning department. The applications shall be accompanied by the fee set by the city council.

C. Procedure. Upon receipt of a completed application, the planning department shall transmit the material to the city engineer. The applicant or a designated representative shall be notified of any concerns set forth by the reviewing agencies which may delay approval of the application. The city engineer shall limit review and approval to a determination of whether or not the parcels resulting from the adjustment will conform to state law and city ordinances, and shall not impose conditions or exactions on the approval except to conform to city ordinances, or to facilitate the relocation of existing utilities, infrastructure, easements, or improvements. When special circumstances apply to a parcel of property, including, but not limited to, topographic constraints, parcel orientation, access restrictions, methods of circulation, existing improvements, and/or urbanization of the property under a requested permit, the city engineer may, upon sufficient documentation and justification, approve a lot line adjustment so long as the proposed adjustment is not in conflict with state law, city ordinances, and requirements set by other city departments or agencies. Within 30 days of the lot line adjustment application being accepted as complete, the city engineer, with the consent of the planning director, shall conditionally approve, disapprove, or notify the applicant and his representative that the request does not meet the requirements of a lot line adjustment. Applications for lot line adjustment shall not be considered final until the application documents and new legal description(s) reflecting the adjustment have been received.

D. Recordation. Upon approval of the lot line adjustment, the city engineer, within six months or as agreed to by the city engineer and applicant not to exceed one year, shall receive proof of the recordation of the deed or record of survey and the “notice of lot line adjustment” with the county recorder. Said notice shall contain the following: “This document is being recorded pursuant to Lot Line Adjustment No. ___, approved by the planning department on __________.”

E. Record of Survey. A record of survey or other records shall be required pursuant to Section 8762 of the Business and Professions Code if monuments are set at the new lot lines, unless the boundary is shown with monuments as part of a land division with a recorded map. [Ord. 96-8 § 2; Code 1990 § 13.3.16.]

17.15.170 Certificate of compliance.

A. Classification of Certificate of Compliance. The following classifications of certificate of compliance are provided for by the provisions of this section:

1. Certificate of Compliance. A certificate of compliance is issued when the real property is in compliance with the Subdivision Map Act and this chapter.

2. Conditional Certificate of Compliance. A conditional certificate of compliance is issued when the city engineer determines that the property was divided in violation of the Subdivision Map Act or this chapter.

3. Certificate of Compliance and a Waiver of a Parcel Map. A certificate of compliance is required on all parcel maps which have the final map waived. Since there is no final map to record, a certificate is necessary to record a legal description of the property which has been divided.

B. Application. Any owner of real property, including an owner denied a permit, may file an application for a certificate of compliance. A separate application shall be made to the planning director, accompanied by the fees set by the city council for each parcel to be certified. No certificate of compliance application proposing the certification of multiple lots will be accepted unless submitted in conjunction with a waived final parcel map. Each completed application shall be accompanied by the following:

1. A map shall be submitted, drawn on a form provided by the planning department. The map shall be legibly drawn, in ink, to an engineer’s scale, with the scale shown on the map. It shall show the subject property with dimensions and the gross and net area, and it shall show the location, width and names of all streets and roads adjacent to and providing access to the property.

2. The map shall show the location and use of all structures on the property, with the distances from the structures to the parcel boundaries and distances between structures, and all existing utilities and easements.

3. A small-scale vicinity map shall be shown with distances (in feet or tenths of a mile) to the nearest street intersection.

4. The map shall show the name, address, telephone number and signature of the current owner of the property, and the name, address and telephone number of the person preparing the map, if different from the owner.

5. The map shall show the current zoning on the property and the current assessor’s parcel number.

6. The application shall also include:

a. A legible copy of the current owner’s grant deed or contract of sale;

b. A map and copies of deeds of all other property owned by the applicant that is contiguous to the subject real property;

c. Documentation of recorded access to the subject property unless abutting a public street;

d. A legal description for the subject property to be typed on plain white paper, eight and one-half inches by 11 inches in size, with one-inch margins at the top, sides and bottom. This legal description shall be reproducible so as to yield a legible copy that can be used as a part of a recorded certificate of compliance.

C. Processing and Issuance.

1. Certificate of Compliance.

a. Upon receipt of and acceptance of a completed application, the planning director shall review the matter and within 50 days after acceptance make a final determination as to whether or not the real property complies with the applicable provisions of the Subdivision Map Act and this title, or whether the proposed development of the real property can be approved as not contrary to or detrimental to the public health, welfare and safety.

b. If the city engineer, with the consent of the planning director, determines that the real property was divided in compliance with the provisions of the Subdivision Map Act and this title that were applicable at the time the property was divided, he shall cause a certificate of compliance to be filed for record with the county recorder.

2. Conditional Certificate of Compliance.

a. If upon receipt of a completed application the city engineer, as concurred with by the planning director, determines that the property was divided in violation of the Subdivision Map Act or this title, but that a proposed development may be approved as being not contrary to or detrimental to the public health, welfare or safety, a certificate of compliance may be issued by the city engineer contingent upon the completion of specified conditions.

b. The city engineer and planning director may impose such conditions as would have been applicable to the division of the property at the time that the current owner of record acquired the property, except that where the applicant was the owner of record at the time of the initial violation, who by a grant of the real property created a parcel or parcels in violation, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation, then the city engineer and planning director may impose such conditions as would be applicable to a current division of the property or the requirement of filing on a tentative parcel or tract map.

i. When the city engineer and planning director impose conditions, they shall be filed for recordation with the county recorder as a conditional certificate of compliance.

ii. The conditions may be fulfilled and implemented by the owner who has applied for the certificate of compliance or any subsequent owner.

iii. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for the development or use of the property is issued by the city or any other subsequent jurisdiction, unless the property is thereafter included as part of a legal division of said real property pursuant to the provisions of this chapter.

iv. Upon completion of the conditions, the owner shall notify the city engineer and planning director. If the conditions are satisfactorily completed, the city engineer shall then issue and record a final certificate of compliance.

3. Certificate of Compliance and Waiver of Parcel Map.

a. A certificate of compliance is required on all parcel maps which have the final map waived.

b. The city engineer shall distribute the final copy of the certificate of compliance and waiver of parcel map to the department of building and safety and county recorder’s office upon payment of the fee set by the city council.

D. Appeal to Planning Commission. The decision of the city engineer and planning director regarding a certificate of compliance may be appealed to the planning commission within 15 calendar days after notice of the decision is deposited in the United States Mail. Upon receipt of a completed appeal, the planning director shall set the matter for hearing before the planning commission, not less than 10 days nor more than 60 days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The planning commission shall render its decision within 30 days following the close of the hearing on the appeal and a copy thereof shall be mailed to the applicant. [Ord. 96-8 § 2; Code 1990 § 13.3.17.]

17.15.180 Merger of parcels.

A. Purpose and Intent. This section establishes criteria and procedures for parcel mergers required to achieve conformance with other provisions of this title or voluntarily requested on the part of any property owner.

B. Applicability and Filing.

1. Any lot, parcel or unit of land may be merged with a contiguous lot, parcel or unit held by the same owner if any one of the contiguous lots, units or parcels does not conform to current standards for minimum lot area or dimensions under the regulations of the zoning district applicable to the property without reverting to acreage if all of the following requirements are satisfied:

a. At least one of the affected parcels is:

i. Undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction.

ii. Developed only with an accessory structure or accessory structures.

iii. Developed with a single structure, other than an accessory structure, that is also partially situated on a contiguous parcel or unit.

b. With respect to any affected parcel, one or more of the following conditions exist:

i. Comprises less than 5,000 square feet in area at the time of the determination of the merger.

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

iii. Does not meet current standards for sewage disposal and domestic water supply.

iv. Does not meet slope stability standards.

v. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

vi. Its development would create health or safety hazards.

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

2. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.

3. This section shall not apply in the event of existence of any of the conditions delineated in subparagraphs (A) through (E) of Subdivision Map Act Section 66451.11.

C. Authority. Authority for approval of mergers of parcels shall be vested in the planning director. Whenever the planning director believes that real property should be merged pursuant to this section, then the planning director shall cause to be mailed by certified mail to the then-current owner of the real property affected by the merger a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to the standards specified in this section, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall also be filed for record with the county recorder on the date the notice is mailed to the property owner, and shall advise the owner that he has 30 days to request a hearing before the planning commission on determination of status (why the notice of merger should not be recorded).

D. Hearing and Determination. At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the planning director a request for hearing by the planning commission on determination of status. Upon receiving such request for hearing, the planning director shall cause to be fixed the time, date and place for hearing, and shall cause the property owner to be notified of that time, date and place for hearing by certified mail. The planning commission shall hold a public hearing on any merger pursuant to CMC 17.15.200 no later than 60 days following receipt of such property owner’s request. At the hearing the property owner shall be given the opportunity to state his objection and present the evidence upon which he relies. The hearing may be postponed or continued with the mutual consent of the city and the property owner. If the planning commission finds that the conditions constituting merger have not occurred, or that the findings required to maintain the lots, parcels or units of land as unmerged can be made, then it shall determine that no merger has occurred and the commission shall instruct the planning director not to file the notice of merger. Otherwise, the planning commission shall determine that the affected parcels are to be merged. The planning director shall notify the property owner of the planning commission’s decision. The planning director shall record the determination of merger with the county recorder within 30 days after conclusion of the hearing, as provided in Section 66451.12 of the Subdivision Map Act.

E. Determination Without Hearing. If within the 30-day period specified in subsection (C) of this section the owner does not file a request for a hearing in accordance with subsections (C) and (D) of this section, the planning director may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 66451.12 of the Subdivision Map Act no later than 90 days following the mailing of notice required by subsection (C) of this section.

F. Recording and Mailing Notification Not to Merge. If it is determined that the parcels shall not be merged, the planning director shall cause to be recorded with the county recorder, in the manner specified in Section 66451.12 of the Subdivision Map Act, a release of the notice of intention to determine status, and shall mail a clearance letter to the then-current owner of record. [Ord. 96-8 § 2; Code 1990 § 13.3.18.]

17.15.190 Reversion to acreage.

A. Purpose and Intent. This section establishes procedures for processing reversions to acreage pursuant to Article 1 of Chapter 6 of the State Subdivision Map Act.

B. Applicability and Filing. Divided real property may be reverted to acreage pursuant to the provisions of this title and the Subdivision Map Act. Reversion to acreage proceedings may be initiated by the city council on its own motion, or by petition of all owners of record of real property that is proposed to be reverted to acreage.

1. Procedures for Filing.

a. To revert divided lands to acreage, a tentative map or tentative parcel map, as appropriate, shall be prepared and filed as required by this chapter, and the processing fee set by the city council shall be paid by the applicant(s) with the initial petition for reversion to acreage or by the person(s) requesting the city council to initiate the proceedings, if initiated by the city council, before initiation of proceedings.

C. Authority. Authority for approval of reversions to acreage shall be vested in the city council. The planning director shall provide a written recommendation to the planning commission who shall hold a noticed public hearing in accordance with CMC 17.15.200. Planning commission and city council hearings shall be conducted pursuant to applicable public hearing requirements set forth in this title.

D. Findings. Divided real property may be revered to acreage only if the city council finds that:

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

2. Either:

a. All owners of an interest in the real property within the subdivision have consented to the reversion; or

b. None of the improvements required as a condition of the previous subdivision have been made within two years from the date the final subdivision map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or

c. No lots shown on the final subdivision map have been sold within five years from the date such map was filed for record.

E. Conditions. The following shall be required as conditions of approval for a reversion:

1. Dedications or offers of dedication necessary for a logical street pattern for access to any lands not proposed for reversion or as may be necessary for drainage or utilities;

2. Retention of all previously paid fees as necessary to accomplish the purposes of this chapter; and

3. Retention of any required improvement security or deposit(s) necessary to accomplish the purposes of this chapter.

F. Final Map Procedures.

1. After approval of the reversion to acreage, the applicant may cause a final map to be prepared in accordance with the applicable provisions of this chapter. Reversions shall be effective upon the final map being filed for record by the county recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect. [Ord. 96-8 § 2; Code 1990 § 13.3.19.]

17.15.200 Hearings and appeals.

A. Purpose. These provisions specify procedures for hearings before the city council, planning commission and planning director and appeals of any requirement, decision or determination made by the planning director or the planning commission.

B. Application Processing. A public hearing upon an application shall be set before the appropriate body when:

1. The planning director has determined that the application complies with all applicable ordinance requirements; and

2. All procedures required by the city’s local guidelines for implementing the California Environmental Quality Act to hear a matter have been completed.

C. Notice of Hearing. Hearing notices shall be processed in a manner consistent with the provisions of the California Government Code Sections 65090, 65091 and 66451.3. Unless otherwise required by law, notice of time, date and place of the hearing, the identity of the hearing body, a general explanation of the matter to be considered and a general description, in text or by diagram, of the location of real property which is the subject of the hearing shall be given at least 10 days prior to the hearing by all of the following procedures:

1. By publication once in a newspaper of general circulation within the city.

2. By mailing or delivering to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant.

3. By mailing or delivering to each local agency expected to provide water, sewage, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

4. By mailing or delivering to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (C)(2) of this section is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city.

5. By mailing to any person who has filed a written request with the planning department and has provided that department with a self-addressed stamped envelope for that purpose.

6. Posted in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

7. The planning director may require that additional notice of the hearing be given in any other manner he deems necessary or desirable.

D. Hearing Procedure. Hearings as provided for in this section shall be held at the date, time and place for which notice has been given pursuant to this section. The meeting minutes shall be prepared and filed in the planning department. Any hearing may be continued; provided, that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time and place to which said hearing will be continued.

E. Notice of Decision.

1. Planning Director. The planning director shall announce and record his respective decision at the conclusion of each required hearing. The decision shall set forth applicable findings and any conditions of approval. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

2. Planning Commission. The planning commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community.

Following the hearing, a notice of the decision of the commission and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

3. City Council. The city council shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the city council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community.

Following the hearing, a notice of the decision of the city council and any conditions of approval shall be mailed by the city clerk to the applicant at the address shown upon the application.

The decision of the city council shall be final.

F. Effective Date. Tentative maps shall become effective 10 days following the final date of action (i.e., approval) by the appropriate review authority.

G. Appeal of Action. Any determination or action taken by the planning director may only be appealed to the planning commission. Any action taken by the planning commission to approve or disapprove an application may be appealed to the city council.

H. Filing of Appeals. All appeals shall be submitted to the planning department in writing on forms supplied by the planning director, and shall specifically state the basis of the appeal. A written appeal of an action of the planning director or planning commission shall be filed with the planning department within 10 days following the final date of action for which an appeal is made. Appeals shall be accompanied by a filing fee as set forth by resolution of the city council.

I. Notice of Appeal Hearings. Notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all noticing materials required in the original application.

J. Effective Date of Appealed Actions. An action of the planning director appealed to the planning commission shall not become final until upheld by the commission. An action of the planning commission appealed to the city council shall not become final unless and until upheld by the city council.

K. Reapplication. When an application for a land division or amendment is denied, no application for the same or substantially same land division or amendment shall be filed in whole, or in part, for the ensuing 12 months, except as otherwise specified at the time of denial. The planning director shall determine whether the new application is for a land division or amendment which is the same or substantially the same as a previously denied land division or amendment. No decision of the planning director shall be effective until a period of 10 days has elapsed following the written notice of decision.

L. Reconsideration. If more complete or additional facts or information which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the planning department within 10 days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in subsection (C) of this section shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant. [Ord. 96-8 § 2; Code 1990 § 13.3.20.]

17.15.210 Enforcement and penalties.

A. Denial of Permits.

1. No building permit, grading permit or any other permit or approval necessary to develop real property shall be granted or issued for any parcel of real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this chapter that were applicable at the time such division occurred, unless the planning director, as hereinafter provided, finds that development of such real property is not contrary to the public health, welfare or safety. A permit or approval shall be denied whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property, with, or without, actual or constructive knowledge of the violation at the time of acquisition of the real property.

Whenever a permit or approval is sought to develop such real property, the department from which the permit is sought shall notify the applicant that the permit cannot be granted because of the illegal division of land, and shall advise the person that he may file an application with the city engineer for a determination as to whether the development of the property would not be contrary to public health or safety and for the possible issuance of a certificate of compliance or a conditional certificate of compliance, as applicable, pursuant to the provisions of this chapter. [Ord. 96-8 § 2; Code 1990 § 13.3.21.]

17.15.220 Supplemental improvement reimbursement agreement.

Where the subdivider or developer is required to install supplemental improvements in addition to those required for the needs of the subdivision, pursuant to the provisions of this title, the city shall at the subdivider’s request enter into an agreement with the subdivider to reimburse the subdivider or developer, pursuant to Section 66486 of the Subdivision Map Act, for that portion of the cost of those improvements in excess of the construction required for the subdivision, to be reimbursed from sums collected for that purpose from future developments benefitting therefrom. [Ord. 96-8 § 2; Code 1990 § 13.3.22.]

17.15.230 Improvement security.

A. Improvement securities shall be required to be submitted as a guarantee of the completion of improvements under an agreement with the city to complete the improvements required as a condition of approval of any final map, parcel map, parcel map waiver, lot line adjustment or lot merger, and not completed or otherwise satisfied prior to recordation of the map. Acceptable forms of security, if approved by the planning director, are limited to the following:

1. A bond or bonds by one or more duly authorized corporate sureties approved by and in the form required by the city;

2. A deposit of cash with the city;

3. An irrevocable instrument of credit from one or more financial institutions subject to regulation by the state or federal government and approved by the city, pledging that the funds necessary to carry out the agreements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by the city;

4. An irrevocable letter of credit issued by an approved financial institution subject to regulation by the state or federal government, guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid upon the written demand of the planning director, and that such written demand need not present documentation of any type as a condition of payment, including proof of loss;

5. An irrevocable assignment and delivery of a passbook account, together with the entitlement to insurance of the account, in a financial institution subject to regulation by the state or federal government and approved by the city, pledging, agreeing and covenanting that the city may redeem, collect and withdraw the full amount of the account at any time and without notice, and further pledging, agreeing and covenanting that the funds stated or shown to be in the assigned account are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor or the depository;

6. An adequate lien or security interest in and recorded against the property to be divided or in other real property approved by the city, created by or referenced in a contract between the city and the property owner, in the form required by the city. The property owner shall pay the costs associated therewith, including, without limitation, appraisals, title policies and legal fees.

B. The agreement and the improvement security for all schedule maps shall be executed by the city council only upon forms and terms approved by the planning director and the city attorney. The original period of the agreement and security shall be 24 months.

C. Extensions of time may be granted at any time by the city council, either at its own option, with or without notice to the subdivider and surety, or at the written request of the subdivider. [Ord. 96-8 § 2; Code 1990 § 13.3.23.]

17.15.240 Amount of security.

A. Security to guarantee the performance of any act or agreement shall be in the following amounts except as otherwise provided by subsection (c) of Section 66499.3 of the Subdivision Map Act.

1. An amount determined by the planning director equal to 100 percent of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement. The total estimated cost of the improvement shall provide for increase for projected inflation computed to the estimated mid-point of construction;

2. An additional amount determined by the planning director equal to 50 percent of the total estimated cost of the improvement, or the performance of the required act, securing payment to the contractor, his subcontractors and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act;

3. Ten percent of the estimated cost of the improvements for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

B. As part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees incurred by the city in successfully enforcing the obligation, all to be taxed as costs and included in any judgement. [Ord. 96-8 § 2; Code 1990 § 13.3.24.]

17.15.250 Improvement security release.

Improvement security may be released upon the final completion and acceptance of the act or work; provided, however, such release shall not apply to the amount of security as determined in CMC 17.15.240(A)(3) for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorneys’ fees, incurred by the city in enforcing any improvement agreement. When appropriate, such release shall be recorded in the office of the county recorder. [Ord. 96-8 § 2; Code 1990 § 13.3.25.]