Chapter 18.64 SUBDIVISIONS

The ordinance codified in this code is adopted to supplement and implement the Subdivision Map Act set forth in Division 2, Title 7 of the California Government Code and may be cited as the “subdivision ordinance” of the City.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.010.02 Exceptions.

This chapter shall not apply to:

A. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;

B. Mineral, oil or gas leases;

C. Land dedicated for cemetery purposes under the state Health and Safety Code;

D. A lot line adjustment between two (2) or more existing adjacent parcels, where the land taken from one (1) parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created; provided, that subject to the provisions of Section 66412(d) of the Subdivision Map Act, the lot line adjustment is approved by the City Engineer pursuant to Section 18.64.030.05;

E. Any separate assessment under Section 2188.7 of the state Revenue and Taxation Code;

F. Subject to the requirements of Sections 66412(g) and 66412(h) of the Subdivision Map Act, the conversion of a community apartment project or a stock cooperative to a condominium;

G. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a windpowered electrical generation device on the land, if the project is subject to discretionary action by the City;

H. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other City ordinances regulating design and improvements;

I. The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

J. The construction, financing or leasing of dwelling units pursuant to Section 65852.1 or second units pursuant to Section 65852.2 of the Government Code; but this chapter shall apply to the sale or transfer, but not leasing of those units;

K. Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock;

L. Subdivisions of four (4) parcels or less for construction of removable commercial buildings having a floor area of less than one hundred (100) square feet; and

M. Any other mandatory exceptions to the applicability of the Subdivision Map Act as provided in the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.010.03 Purpose.

The City Council has, in the interest of protecting the health, safety and general welfare of the people of the City, adopted the ordinance codified in this chapter to carry out the following purposes:

A. To implement the provisions of the Subdivision Map Act;

B. To provide policies, standards, requirements and procedures to regulate and control the design and improvement of all subdivisions within the City;

C. To implement the programs, policies and objectives of the General Plan of the City; and

D. To promote the orderly growth and development of the City and to promote open space, conservation, protection and proper use of land, and to ensure provision for adequate traffic circulation, utilities and services.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.010.04 Conformity to General Plan and Development Code.

No land shall be subdivided and developed for any purpose which is not in conformity with the General Plan and any specific plan of the City or specifically authorized by the Development Code or other applicable provisions of this chapter. The type and intensity of land use as shown on the General Plan shall determine, together with the requirements of the Subdivision Map Act and this chapter, the type of streets, roads, highways, utilities and public services that shall be provided by the subdivider. Neither the approval nor conditional approval of a subdivision or parcel map pursuant to this chapter shall constitute or waive compliance with any other applicable provision of any ordinance of the City or other regulation adopted by the City, nor shall any such approval authorize or be deemed to authorize a violation or failure to comply with other applicable ordinances or regulations of the City.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.010.05 Application.

The regulations set forth in this chapter shall apply to all subdivisions or parts thereof within the City and to the preparation of subdivision maps thereof and to all other maps provided for by the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.010.06 Advisory agency designations.

A. Tentative Maps. The Planning Commission is designated as advisory agency, as that term is used in the Subdivision Map Act, for subdivisions, and shall be charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property. Investigations and reports shall be forwarded to the City Council for its review of final maps. The Planning Commission is charged with the duty of imposing any requirements or conditions on proposed divisions of real property or denying the division, and to approve, conditionally approve or disapprove tentative maps.

B. The Community Development Director is charged with the duty of imposing any requirements or conditions on proposed divisions of real property or denying the division, and to approve, conditionally approve or disapprove parcel maps.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.010.07 Subdivision required to be annexed.

Map applications shall be processed only if the proposed subdivisions are located within the incorporated area of the City.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.010.08 Property owner consent.

No final map or parcel map required by this title shall be filed with the City without the written consent of all parties having any record title interest in real property proposed to be subdivided.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.010.09 Environmental review.

A. All tentative maps and tentative parcel maps shall be subject to environmental review in accordance with the rules and procedures adopted by the City Council pursuant to the California Environmental Quality Act of 1970 as set forth in Division 13 of the California Resources Code.

B. An application for approval of a subdivision shall not be complete until after the environmental review for such subdivision has been accomplished.

C. With respect to any map for which an Environmental Impact Report is required, the Planning Commission and City Council shall consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.010.10 Fees and deposits.

All persons submitting maps as required by this chapter shall pay all application fees and/or deposits as provided by City Council resolution establishing such fees and deposits.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.010.11 Notice.

Whenever a public hearing is held pursuant to this chapter, a notice of the time and place thereof, including a general description of the location of the subdivision or proposed subdivision, shall be given as specified in Section 66451.3 of the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.010.12 Violations.

A. No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final map is required by this chapter, until such map thereof, in full compliance with the provisions of this chapter and the Subdivision Map Act, has been filed for record by the county recorder.

B. No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by this chapter, until such map thereof, in full compliance with the provisions of this chapter and the Subdivision Map Act has been filed for record by the county recorder.

C. Conveyances of any part of a division of real property for which a final or parcel map is required by this chapter shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record by the county recorder.

D. This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any City ordinance regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

E. Nothing contained in subsections A and B of this section shall be deemed to prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where such sale, lease or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final subdivision map or parcel map, as required under this chapter.

F. The violation of any provision of this title which has not been exempted is unlawful and an offense. Each day that such violation continues is deemed a separate and distinct offense.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.010.13 Modification of requirements.

Whenever the land involved in any subdivision is of a size or shape, or is subject to title limitations of record, or is affected by topographical location or conditions, or is to be devoted to a use that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this chapter, the Community Development Director, Planning Commission, or City Council may make modifications of the requirements of this chapter, that are reasonably necessary or expedient and in conformity with the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.010.14 Payment of fees and compliance with construction and improvement standards.

A. For all projects which are approved pursuant to this chapter, the applicants, subdividers, or the successors thereof shall pay fees in accordance with approved schedules of the City, and shall pay fees which may be imposed subsequent to project approval, at the time of building permit issuance, certificate of occupancy or other prescribed time, including but not limited to sewer, water, traffic, fire, police, administration, library, child care, open space acquisition, schools, parks, or other fees established in accordance with law.

B. All development shall comply with and occur under the City’s adopted building and construction standards that are in effect at the time of construction or improvement.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.020 Definitions.

Except as otherwise set forth in this chapter, words and phrases used in this Development Code shall be deemed to have the same meaning attributed to them in the Subdivision Map Act and additional definitions contained in the Subdivision Map Act are incorporated in this chapter and shall be deemed to apply as though set forth in this Development Code.

A. “Advisory agency” means the Community Development Director or Planning Commission, which is charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, with imposing of requirements or conditions thereon, and of approving, conditionally approving, or disapproving tentative parcel maps and tentative maps, respectively.

B. “Approved access” means the right of vehicular travel to a public street, as shown on a final subdivision map or final parcel map or as approved by the City Council.

C. “City” means the City of Galt.

D. “City Engineer” means the City Engineer for the City of Galt or his authorized representative. The City Engineer’s responsibilities shall include:

1. Establishing design and construction details, standards and specifications;

2. Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this chapter;

3. The processing and certification of final maps, parcel maps, reversion to acreage maps, and amended maps and the processing and approval of subdivision improvement plans;

4. Examining and certifying that final maps and parcel maps are in substantial compliance with the approved tentative map;

5. The approval as to form of subdivision improvement agreements;

6. The inspection, approval and acceptance of subdivision improvements;

7. Approval of lot line adjustments.

E. “Community Development Director” means the Community Development Director of the City or his authorized representative.

F. “Commission” means the Planning Commission of the City.

G. “Council” means the City Council of the City.

H. “County” means the county of Sacramento.

I. “Design” means:

1. Street alignments, grades and widths;

2. Drainage, water, sewer and sanitary facilities and utilities, including alignments and grades;

3. Location and size of all required easements and rights-of-way;

4. Fire roads and firebreaks;

5. Lot size and configuration;

6. Vehicular and bicycle traffic access;

7. Grading;

8. Land to be dedicated for park or recreational purposes; and

9. Such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan.

J. “Design and improvement standards” means any standards or specifications that have been adopted by the City Council for the design of subdivisions and the public improvements therein.

K. “Development Code” means Title 18 and all amendments thereto.

L. “Final map” or “final subdivision map” means a map prepared by a registered civil engineer or licensed land surveyor and presented for recording, which conforms to an approved tentative subdivision map, the Subdivision Map Act and the provisions of this chapter.

M. “Flood hazard” means a hazard to land or improvements due to seasonal inundation or to overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses.

N. “Floodplain” or “floodprone area” means any land area susceptible to being inundated by water from any source.

O. “Front lot line,” in the case of an interior lot, means a line separating the lot from the street, and in the case of a corner lot, “front lot line” means a line separating the narrowest street frontage of the lot from the street.

P. “General Plan” means the General Plan of the City.

Q. “Geological hazard” means any hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements due to the movement, failure or shifting of earth.

R. “Improvement” means streets, sidewalks, storm drainage facilities, water and sewer facilities, utilities, landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and acceptance of the final map thereof. “Improvement” also means other specific improvements or types of improvements, the installation of which, either by, or by a combination of, the subdivider, public agencies, private utilities, or any other entity approved by the City, is necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan. Improvements shall be constructed in accordance with standard engineering specifications, where applicable.

S. “Lot” means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision, parcel, or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use.

T. “Lot area” or “lot size” means the total horizontal area included within lot lines, including one-half, but not exceeding ten (10) feet, of the width of any alley or portion thereof abutting upon such lot. The terms “lot width” and “lot depth” mean the average horizontal distances measured between the side lines of the lot, or from the front lot line to the rear lot line, as the case may be. “Lot lines” are the lines bounding a lot as defined in this chapter; provided, that in case of doubt, the front, side and rear lot lines shall be determined by the advisory agency.

U. “Parcel” means a piece of real property, including lots and any real property which, though appearing as separate entities on a map filed for record, or on the maps of the county assessor, has never been legally divided or merged.

V. “Parcel map” or “final parcel map” means a map prepared by a registered civil engineer or licensed land surveyor and presented for recording which conforms to an approved parcel map, the Subdivision Map Act, and the provisions of this chapter. A parcel map is appropriate when four (4) or fewer lots are created and where:

1. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or

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

3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City Council as to street alignments and widths; or

4. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section.

W. “Private road easement” means a parcel of land not dedicated as a public street, over which a private easement for road purposes is proposed to be or has been granted to the owners of property that is contiguous or adjacent to such private road easement, which intersects or connects with a public street or a private street. In each instance, the instrument creating such easement shall be or shall have been duly recorded or filed in the office of the county recorder.

X. “Public way” means any street, highway, alley, pedestrian way, equestrian or hiking trail, bicycle path, channel, viaduct, subway, tunnel, bridge, easement, right-of-way, or other way which the public has a right of use.

Y. “Rear lot line” means a line which is opposite and most distant from the front lot line or, in case of an irregular or triangular lot, a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Z. “Side lot line” means any lot boundary line not a front lot line or a rear lot line.

AA. “Structure” means anything constructed or erected and the use of which requires permanent location on the ground, but not including walls or fences less than six (6) feet high, or pergolas, or lath houses, or other minor improvements.

BB. “Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.”

CC. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 1350 of the California Civil Code, a community apartment project, as defined in Section 11004 of the California Business and Professions Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the California Business and Professions Code. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock.

DD. “Subdivision Map Act” means the Subdivision Map Act of the state of California (California Government Code, Title 7, Division 2, commencing with Section 66410) and all amendments or additions thereto.

EE. “Tentative map,” “tentative subdivision map,” or “tentative parcel map” means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.

FF. “Vesting tentative map” means a tentative subdivision map or a tentative parcel map for a residential subdivision that has printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with Section 18.64.040.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.030 Regulations generally.

18.64.030.01 Access and size required to build - zoning conformance.

A. No building or structure shall be constructed on any lot or parcel, and no permit shall be issued to permit such construction unless:

1. Such lot or parcel has an approved access to a public way or private road easement;

2. Such lot or parcel conforms to the minimum size required by the Development Code for the zone in which the lot or parcel is located.

B. A parcel of land which is shown as a separate lot on a subdivision map, parcel map, record of survey, or other map filed for record, or on the maps of the county assessor, shall not be deemed to be a buildable lot unless it meets the size and configuration requirements of the Development Code.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.030.02 One (1) building per lot or parcel.

Except where expressly permitted by the City Council, only one (1) main building or structure (exclusive of permitted accessory buildings) shall be constructed on a lot or parcel.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.030.03 Divisions creating less than five (5) parcels.

A tentative parcel map and final parcel map shall be required for all subdivisions creating four (4) or fewer parcels and for all subdivisions described in Sections 18.64.030.04(A) through (D), except when the parcel map requirement is waived pursuant to Section 18.64.060.02.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.030.04 Divisions creating more than five (5) parcels.

A tentative subdivision map and final subdivision map shall be required for all subdivisions creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the California Civil Code, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where:

A. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or

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

C. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City Council as to street alignments and widths; or

D. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.030.05 Lot line adjustment.

The provisions of Sections 18.64.030.03 and 18.64.040.04 shall not apply to lot line adjustments. A lot line adjustment is an adjustment of the property line or lines between two (2) or more existing adjacent parcels, where the land taken from one (1) parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.

A. A request for a lot line adjustment shall be submitted to the Public Works Department on forms provided by the City.

B. Upon determination that the application is complete, the lot line adjustment shall be reviewed and approved based on the following:

1. The lot line adjustment shall conform to this title and Title 15, Buildings and Construction.

2. The lot line adjustment may be subject to conditions of approval. These include conditions related to:

a. The zoning and building codes;

b. Prepayment of real property taxes prior to the approval of the lot line adjustment, and/or payment of all delinquent taxes;

c. Facilitating the relocation of existing utilities, infrastructure or easements.

C. The complete application shall be reviewed by the City Engineer, the Community Development Director and the Building Official or their respective designees.

1. The City Engineer may approve, conditionally approve, deny or deny without prejudice any application reviewed pursuant to this section based on whether the proposed lot line adjustment complies with all applicable requirements of this chapter. Such decision shall include findings in accordance with the provisions of this chapter.

2. Written notice of the decision shall be given by mail within five (5) calendar days after the date of the decision to the applicant, the property owner and any person filing a written request for notice of the decision.

3. The decision of the City Engineer shall be final on expiration of fourteen (14) calendar days from and including the date of decision unless an appeal is filed in accordance with subsection (C)(4) of this section within such time.

4. Any decision of the City Engineer made pursuant to this section shall be subject to appeal to the Planning Commission. An appeal can be made by filing a written notice of appeal with the Community Development Director prior to the time the decision becomes final. Such appeal shall be accompanied by the filing fee established by resolution of the City Council.

5. No permit shall be issued prior to the expiration of any appeal period.

D. Appeal. When an appeal has been filed pursuant to this chapter, notice shall be given and a hearing shall be conducted as provided by this chapter.

1. Notice of Appeal Hearing. Notice of an appeal hearing shall be published in a newspaper ten (10) days in advance of the hearing in accordance with Government Code Section 65090.

2. Conduct of Hearings. The Planning Commission and the City Council, in the event of an appeal of the decision of the Planning Commission, may establish rules for the conduct of hearings. Evidence shall be offered or presented, and the name and address of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess the presiding officer shall announce the time and place to which the hearing will be continued.

3. The Planning Commission and the City Council, in the event of an appeal of the decision to the Planning Commission, may approve, conditionally approve, deny or deny without prejudice any application reviewed pursuant to this section based on whether the proposed project complies with all applicable requirements of this chapter. Such decision shall include findings in accordance with the provisions of this chapter.

4. The decision of the Planning Commission shall be final on expiration of fourteen (14) calendar days from and including the date of decision, unless an appeal is filed in accordance with subsection (D)(5) of this section within such time.

5. Any decision of the Planning Commission made pursuant to this section shall be subject to appeal to the City Council. An appeal can be made by filing a written notice of appeal with the Community Development Director prior to the time the decision becomes final. Such appeal shall be accompanied by the filing fee established by resolution of the City Council. The decision of the City Council shall be final. Judicial review of the decision of the City Council must be initiated pursuant to Section 1094.6 of the California Code of Civil Procedure.

6. No permit shall be issued prior to the expiration of an appeal period.

E. If the request for a lot line adjustment is approved, the applicant shall arrange to have the following documents prepared:

1. Revised deeds for each of the affected parcels or lots;

2. One (1) eight-and-one-half (8.5) inch by eleven (11) inch exhibit plot plan for each parcel affected;

3. Any offers of dedication;

4. Street improvement plans or deferred street improvement agreements, if applicable;

5. Applicable fees, including recordation fees and plan check fees;

6. Additional information as may be required by the City Engineer;

7. Signatures of all parties having interest in affected parcels.

F. The documents described in subsection E of this section shall be submitted to the City Engineer. The City Engineer shall review the documents for consistency with the approved lot line adjustment and shall then forward the documents to the applicant for recording.

G. A lot line adjustment approval shall be valid for one (1) year from the date of approval and if the adjusted parcels or lots are not a matter of record within that one (1) year period, the approval shall expire.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040 Tentative maps.

18.64.040.01 Application for approval.

An application for approval of a tentative map shall be filed with the Community Development Director on forms provided by the City. The application shall be signed by all owners of the property to be subdivided or their representative pursuant to written authorization.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040.02 Form of tentative map.

Tentative subdivision maps shall be drawn to a size of eighteen (18) inches by twenty-six (26) inches and a scale of not more than one hundred (100) feet to one (1) inch. Tentative maps shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor and shall contain the information and accompanying data identified on the City forms.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040.03 Filing.

A. The subdivider shall, at the time of making application for approval of a tentative map, pay an application and processing fee in the amount established by resolution of the City Council.

B. The Community Development Director shall examine the tentative map upon presentation of the same and shall not accept such map filing as complete unless the same is in full compliance with the provisions of the law and of this chapter as to form and as to the data and information required to be shown thereon or furnished therewith.

C. The filing of the tentative map with the Community Development Director shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the tentative map nor shall it ensure that the map complies with all laws and with this chapter.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040.04 Transmittal and review.

A. The Community Development Director shall transmit copies of the tentative map to the Public Works Department, the City Engineer and any other affected City departments and agencies for review. Such agencies and departments shall be allowed to make a report and recommendation to the Planning Commission.

B. Within ten (10) days of the filing of a tentative map, the Community Development Director shall send a notice of the filing of the tentative map to the Galt Joint Union High School District and the Galt Joint Union Elementary School District. Such notice shall also contain information about the location of the proposed subdivision, the number and size of proposed residential units, density, and any other information which may be relevant to the school districts. The board of each school district may review the notice and may send a written report thereon to the Community Development Director. The report shall indicate the impact of the proposed subdivision on the school districts and shall make such recommendations as the school boards deem appropriate. In the event the school districts fail to respond within a twenty (20) day period from receipt of notice of the tentative map, such failure shall be deemed approval of the proposed subdivision by the school districts. The Planning Commission shall consider the reports from the school districts in approving, conditionally approving or denying the tentative map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040.05 Public hearing - notice.

The Community Development Director shall give notice of the public hearing as required by Section 66451.3 of the California Government Code. In addition, mailed notice of the time and place of the hearing, and a general description of the location of the subdivision, shall be given to the owners of real property lying within three hundred (300) feet of the exterior boundaries of the subdivision, as their names appear on the last equalized assessment roll.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040.06 Planning Commission action.

A. The Planning Commission shall hold a public hearing to consider the tentative map and reports after the application has been filed and deemed complete. The Community Development Department shall prepare a written report of its findings for approval, conditional approval or denial. At least three (3) days prior to the public hearing, a copy of any City staff report on the tentative map shall be delivered to the subdivider. The time limits referred to in Section 21151.5 of the Public Resources Code shall be complied with by the City. However, if an environmental impact report, negative declaration or a determination of exemption is prepared for a tentative map, the fifty (50) day period specified in this section shall not be applicable and the Planning Commission shall render its report or decision within fifty (50) days after certification of the environmental impact report, adoption of a negative declaration or a determination that this project is exempt from the requirements of Division 13 of the Public Resources Code, pursuant to Government Code Section 66452.1(c).

B. Any decision to approve or conditionally approve a tentative map shall include a description of the nature, type and extent of any improvement required to be constructed or installed by the subdivider.

C. The Planning Commission may impose conditions for approval of the tentative map which bear a reasonable relationship to the public need created by the proposed subdivision and may, in its discretion, deny approval of the map if, in its opinion, such conditions cannot be met.

D. Copies of the approved tentative map shall remain on file in the office of the City Clerk.

E. If no action is taken by the Planning Commission to approve, conditionally approve or disapprove the tentative map, within the time limits specified, the tentative map, as filed, shall be deemed approved insofar as it complies with the Subdivision Map Act and this Development Code. It shall be the duty of the City Clerk to certify the deemed approval of this tentative map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040.07 Interested person appeals to City Council.

A. The subdivider, interested party, or any tenant, of the real property in issue, in the case of a proposed conversion of the residential real property to a condominium project, community apartment project, or stock cooperative, may appeal from any action of the Planning Commission with respect to a tentative map to the City Council.

B. The appeal shall be filed in writing with the City Clerk within ten (10) days after the action of the Planning Commission from which the appeal is being taken.

C. The City Council shall set the matter for a hearing date within thirty (30) days of the appeal filing. Within ten (10) days after the conclusion of the hearing, the City Council shall render its decision on the appeal. Decisions on appeal issued by the City Council must comply with Government Code Sections 66473, 66473.5, and 66474, as amended from time to time, of the Subdivision Map Act.

D. If the City Council fails to act on an appeal, the tentative map insofar that it complies with the Subdivision Map Act and this Development Code shall be deemed to be approved or conditionally approved as last approved or conditionally approved. It is the duty of the City Clerk to certify the deemed approval.

E. Notice of the appeal hearing shall be sent by United States mail to each tenant of real property in issue in the case of conversion to a condominium project, community apartment project, or stock cooperative project, at least three (3) days before the appeal hearing.

F. The City Council may establish reasonable fees which are necessary to process the appeal of the Planning Commission’s action on a tentative map by resolution.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040.08 Findings.

A. The following findings shall be made before the Planning Commission approves or conditionally approves a tentative map:

1. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and any applicable specific plan;

2. That the housing needs of the surrounding region have been balanced against the public service needs of the City’s residents and available fiscal and environmental resources pursuant to Section 66412.3 of the California Government Code;

3. Except for condominium conversion projects where no new structures are added, that the design of the proposed subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as described in Section 66473.1 of the Subdivision Map Act and any guidelines promulgated by the City Council.

B. The Planning Commission shall deny approval of a tentative map if any of the following findings are made:

1. That the proposed map is not consistent with the General Plan and applicable specific plans;

2. That the design or improvement of the proposed subdivision is not consistent with the General Plan and applicable specific plans;

3. That the site is not physically suitable for the type of development;

4. That the site is not physically suitable for the proposed density of development;

5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

7. That the design of the subdivision or the type of improvements will conflict with easements of record or assessments established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the Planning Commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public;

8. That all requirements of the California Environmental Quality Act and the rules and procedures adopted by the City Council pursuant thereto have not been met;

9. That the proposed map fails to meet or perform any of the requirements or conditions of this chapter or the Subdivision Map Act, unless upon appeal the City Council finds and determines that such failure is a result of a technical and inadvertent error which does not materially affect the validity of the map;

10. That the discharge of waste from the proposed subdivision into an existing community sewer system would result in, or add to, violation of existing requirements prescribed by the state Regional Water Quality Control Board.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040.09 Waiver of statutory time by subdivider.

Whenever a tentative map is subject to environmental review under the California Environmental Quality Act (CEQA), and/or when the subdivider concurrently applies for an entitlement under the Development Code, or an amendment to the General Plan on the same development project, the subdivider shall be requested to waive the statutory time for the consideration of and action upon the tentative map. If the subdivider declines to waive the statutory time, the tentative map shall not be accepted for filing until the requirements of CEQA are complied with and/or consideration of all other pending applications are first acted upon.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040.10 Soils investigation.

A preliminary soils report, prepared by a civil engineer registered in this state, and based upon adequate test borings, shall be required for every subdivision for which a tentative and final map is required under the Subdivision Map Act. The preliminary soils report may be waived if the City Engineer determines that, due to the knowledge he or she has of the qualities of the soils of the subdivision, no preliminary analysis is necessary. If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the City Engineer as a condition precedent to consideration of the tentative map by the Planning Commission. The soils investigation shall be done in the manner provided in Section 66491(b) of the California Government Code.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040.11 Incomplete or incorrect data.

If at any time during the processing of the tentative map, the map or accompanying data are found to be incomplete or incorrect with respect to pertinent required information, the subdivider shall be promptly advised of the changes or additions that must be made before further action may be taken on the tentative map. Failure to provide the omitted or inaccurate information shall be cause for disapproval of the tentative map, unless an extension of time for acting upon said map is mutually agreed upon by the subdivider and the Community Development Director.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040.12 Withdrawal.

A request for withdrawal of a tentative map shall be submitted to the Community Development Director in writing in advance of the hearing unless the request is made at the public hearing on the tentative map. On the receipt of any such request, the Community Development Director shall notify all concerned City departments and agencies of the withdrawal. No refund of the filing fee shall be made for any such withdrawn map unless such request is made prior to the distribution of copies of the tentative map to the City departments and other agencies.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040.13 Expiration.

A. An approved or conditionally approved tentative map shall expire twenty-four (24) months after its approval or conditional approval, unless an extension is approved as provided in subsection B of this section.

B. Upon written request of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the Planning Commission in its sole discretion for a period or periods not exceeding a total of three (3) years. The fee for processing any such extension of time shall be required in an amount to be determined by resolution of the City Council, and shall be submitted prior to the expiration date described herein.

C. The period of time specified in subsection A of this section, including any extension thereof granted pursuant to subsection B of 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. After service of the initial petition or complaint in the lawsuit upon the City, the subdivider may apply in writing to the Community Development Director for a stay of the time period pursuant to this subsection. Within forty (40) days after receiving the application, the Planning Commission shall hold a public hearing to consider whether to stay the time period for up to five (5) years or deny the requested stay.

D. No final subdivision map or parcel map of all or any portion of the property included within an expired tentative map shall be filed without first processing a new tentative map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.040.14 Amendments to approved tentative maps.

An approved tentative map may be amended by filing an application in map form and in writing with the Community Development Director. Such application shall be processed in the same manner as an original application for tentative map approval.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.050 Vesting tentative maps.

18.64.050.01 Consistency.

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 the Development Code.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.050.02 Application.

A. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative subdivision map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter.

B. If a subdivider does not seek the rights conferred by Chapter 4.5 of the Subdivision Map Act (commencing with Section 66498.1 of the California Government Code), 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.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.050.03 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 tentative maps, except as provided in this section:

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

B. At the time a vesting tentative map is filed a subdivider shall also supply the following information:

1. Height, size, and location of buildings;

2. Plans for drainage and sanitary facilities and utilities, including alignments and grades thereof;

3. Location and size of all required easements and rights-of-way;

4. Lot size, configurations and area;

5. Traffic access and detailed street plans;

6. Detailed grading plans;

7. Land to be dedicated for park or recreational purposes;

8. Geological studies, including seismic zone designations;

9. Flood control information, including flood control zone designations;

10. Architectural plans;

11. Soil studies;

12. Any other required materials or information as determined by the Community Development Director or City Engineer.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.050.04 Fees.

Upon filing a vesting tentative map, the subdivider shall pay the fees as determined by resolution of the City Council for the filing and processing of a vesting tentative map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.050.05 Expiration.

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

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.050.06 Vesting on approval of vesting tentative map.

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

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

1. 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, or both;

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

C. The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 18.64.050.05. If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of one (1) year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded;

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

3. A subdivider may apply for a one (1) year extension at any time before the initial time period set forth in subsection (C)(1) of this section expires;

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

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.050.07 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 Development Code in existence at that time, that inconsistency shall be noted on the map. The Planning Commission may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the Development Code to eliminate the inconsistency. If the change in the Development Code is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 18.64.050.06(A), confer the vested right to proceed with the development in substantial compliance with the change in the Development Code and the map, as approved.

B. The rights conferred by this section shall be for the time periods set forth in Section 18.64.050.06(C).

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.050.08 Applications inconsistent with current policies.

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Sections 18.64.050.06 and 18.64.050.07, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.050.09 Other provisions apply.

Except as otherwise set forth in this chapter, all other provisions of this chapter shall apply to vesting tentative maps.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.050.10 Amendment to approved vesting tentative map.

Amendments to the approved or conditionally approved vesting tentative map shall be made in accordance with Section 18.64.040.14 or 18.64.060.12, as the case may be.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060 Parcel maps.

18.64.060.01 Required when.

Except as provided in this chapter, a parcel map shall be filed and recorded for any subdivision for which a final subdivision map is not required by the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.02 Exceptions.

A. The Community Development Director may waive the requirement for a parcel map if he or she determines such map is not required because the proposed division of land complies with all provisions of the Subdivision Map Act and this title, and makes the finding set forth in Section 66428 of the Subdivision Map Act.

B. If the Community Development Director determines that a parcel map is not required, he or she shall prepare written findings that the proposed division of land complies with the provisions of this chapter and record such findings with the county recorder.

C. Waiver of Parcel Map Requirements and Waiver of Tentative and Final Maps for Condominium Project on Single Parcel. The City Engineer may, in his or her discretion, waive all or part of the requirements for a tentative and parcel map for the following:

1. Division of real property or interests therein created by probate, eminent domain procedures, partition or other civil judgments or decrees;

2. Division of real property resulting from the conveyance of land or any interest therein to or from the City, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.;

3. Division of real property which has been merged pursuant to this chapter, the Subdivision Map Act or any prior ordinance of the City;

4. Construction of a condominium project on a single parcel. The City Engineer may, in his or her discretion, waive the requirement for a tentative and final map for construction of a condominium project on a single parcel;

5. Any other division of real property which would otherwise require a parcel map. The City Engineer shall make a finding that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, this chapter, the Development Code, and the General Plan or applicable specific plan.

Upon the waiver of the parcel map requirement, or the tentative and final map requirement, pursuant to this section, the City Engineer shall file with the county recorder a certificate of compliance for the land to be divided, in accordance with Section 18.64.110A, and a plat map showing the division. The certificate shall include a certificate by the county tax collector in accordance with Section 18.64.070.07(M)(7).

A waiver by the City Engineer may be conditioned to provide for, among other things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted by law.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.03 Application for approval.

An application for approval of a tentative parcel map shall be filed with the Community Development Director on forms provided by the City. The application shall be signed by all owners of the property to be subdivided or their representative pursuant to written authorization.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.04 Form of tentative parcel map.

Tentative parcel maps shall be drawn to a size of eighteen (18) inches by twenty-six (26) inches and a scale of not more than one hundred (100) feet to one (1) inch. Tentative maps shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor and shall contain the information and accompanying data identified on the City forms.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.05 Filing.

A. The subdivider shall, at the time of making application for approval of a tentative parcel map, pay an application and processing fee in the amount established by resolution of the City Council.

B. The Community Development Director shall examine the tentative parcel map upon presentation of the same and shall not accept such map filing as complete unless the same is in full compliance with the provisions of the law and of this chapter as to form and as to the data and information required to be shown thereon or furnished therewith.

C. The filing of the tentative parcel map with the Community Development Director shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the tentative parcel map nor shall it ensure that the map complies with the law and with this chapter.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.06 Transmittal and review.

The Community Development Department shall transmit copies of the tentative parcel to the Public Works Department, the City Engineer and any other affected City departments and agencies for review. Such agencies and departments shall be allowed to make a report and recommendation to the Community Development Director.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.07 Public hearing - notice.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.08 Community Development Director action on tentative parcel map.

A. The Community Development Director shall hold a public hearing to consider the tentative parcel map and reports after the application has been filed and deemed complete. The Community Development Department shall prepare a written report of its findings for approval, conditional approval or denial.

C. The Community Development Director may impose conditions for approval of the tentative map which bear a reasonable relationship to the public need created by the proposed subdivision and may, in its discretion, deny approval of the map if, in his or her opinion, such conditions cannot be met.

D. Copies of the approved tentative map shall remain on file in the office of the City Clerk.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.09 Interested person appeals to Planning Commission.

A. The subdivider, interested party, or any tenant of the real property in issue, may appeal any action of the Community Development Director with respect to the tentative parcel map to the Planning Commission.

B. The appeal shall be filed in writing with the Community Development Department within ten (10) days after the action of the Community Development Director.

C. The Planning Commission shall set the matter for a hearing date within thirty (30) days of the appeal filing. Within ten (10) days after the conclusion of the hearing, the Planning Commission shall render its decision on the appeal. Decisions on appeals issued by the Planning Commission must comply with the Subdivision Map Act.

D. If the Planning Commission fails to act on an appeal, the tentative parcel map insofar that it complies with the Subdivision Map Act and this Development Code shall be deemed to be approved or conditionally approved as last approved or conditionally approved. It is the duty of the City Clerk to certify that deemed approval.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.10 Findings.

A. The following findings shall be made before the Community Development Director approves or conditionally approves a parcel map:

1. That the proposed parcel map, together with the provisions for its design and improvement, is consistent with the General Plan and any applicable specific plan;

B. The Community Development Director shall deny approval of a parcel map if any of the following findings are made:

1. That the proposed map is not consistent with the General Plan and applicable specific plans;

2. That the design or improvement of the proposed map is not consistent with the General Plan and applicable specific plans;

3. That the site is not physically suitable for the type of development;

4. That the site is not physically suitable for the proposed density of development;

5. That the design of the map or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

6. That the design of the map or the type of improvements is likely to cause serious public health problems;

7. That the design of the map or the type of improvements will conflict with easements of record or assessments established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the Community Development Director may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public;

8. That all requirements of the California Environmental Quality Act and the rules and procedures adopted by the City Council pursuant thereto have not been met;

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.11 Expiration of tentative parcel map.

A. An approved or conditionally approved tentative parcel map shall expire twenty-four (24) months after its approval or conditional approval, unless an extension is approved as provided in subsection B of this section.

B. Upon written request of the subdivider filed prior to the expiration of the approved or conditionally approved tentative parcel map, the time at which such map expires may be extended by the Community Development Director at his or her discretion for a period or periods not exceeding a total of three (3) years. Prior to the expiration of an approved or conditionally approved tentative parcel map, and upon application and payment of applicable fees by the subdivider to extend the map, the map shall automatically be extended for sixty (60) days or until the application is approved, conditionally approved or denied, whichever occurs first. If the Community Development Director denies a subdivider’s application for extension, the subdivider may appeal to the Planning Commission within ten (10) days after the Community Development Director has denied the extension. A fee for processing any such extension of time shall be required in an amount to be determined by resolution of the City Council.

C. The period of time specified in subsection A of this section, including any extension thereof granted pursuant to subsection B of this section, shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative parcel map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the Community Development Director. After service of the initial petition or complaint in the lawsuit upon the City, the subdivider may apply in writing to the Community Development Director for a stay of the time period pursuant to this subsection. Within forty (40) days after receiving the application, the Community Development Director shall determine whether to stay the time period for up to five (5) years or deny the requested stay.

D. No parcel map of all or any portion of the property included within an expired tentative parcel map shall be filed without first processing a new tentative parcel map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.12 Amendments to tentative parcel map.

An approved tentative parcel map may be amended by filing an application in map form and in writing with the Community Development Director. Such application shall be processed in the same manner as an original application for tentative parcel map approval.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.13 Filing of parcel map.

A. After approval or conditional approval of the tentative parcel map, the subdivider shall submit to the City Engineer the following information and materials:

1. Two (2) prints of the parcel map;

2. Traverse sheets of the boundary of the subdivision and the lots therein;

3. A guarantee of title issued by a reputable title insurance company showing the names of all persons having any right, title or interest in the lands proposed to be subdivided and whose consent is necessary to convey clear title to the lands;

4. Complete construction drawings for all of the required improvements if applicable;

5. A nonrefundable plan checking fee in an amount as established by resolution of the City Council.

B. The City Engineer shall examine the parcel map and construction drawings upon presentation of same to him or her and shall not accept such map filing as complete unless the same is in full compliance with the provisions of the Subdivision Map Act and of this chapter as to form and as to data and information required to be shown thereon or furnished therewith.

C. The filing of the parcel map with the City Engineer shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the parcel map nor shall it ensure that the map complies with all laws and with this chapter.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.14 Review and transmittal by City Engineer.

The City Engineer shall review the final parcel map and accompanying documents for compliance with the provisions of the Subdivision Map Act and of this chapter as to form and as to data, certificates, acknowledgments and other information required to be shown thereon or furnished therewith. The subdivider shall make corrections and/or additions until acceptable to the City Engineer. The City Engineer shall not accept the parcel map for certification and transmittal prior to such compliance. After approval of the final map by the City Engineer, he or she shall transmit it and all accompanying documents to the Community Development Director for review.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.15 Review by Community Development Director - requirement for revised maps.

The Community Development Director shall evaluate parcel map submissions and provide a written finding of substantial conformance or a written finding of nonconformance with the approved tentative parcel map for the subject project. If a finding of nonconformance is made, the Community Development Director shall specify whether a new application for tentative parcel map approval is required or if the subdivider qualifies to submit an application for revised tentative parcel map approval.

A. A finding of nonconformance with the approved tentative parcel map will be based on the determination that there are any significant changes with regard to, but not limited to, the following criteria:

1. The number, size, configuration and/or orientation of proposed lots, and their relationship to surrounding land uses or the proposed circulation pattern;

2. The proposed circulation system and overall traffic pattern;

3. The effects of the revised project on surrounding land uses including, but not limited to, noise, air quality, public services and utilities, traffic and land use impacts;

4. Environmental impacts associated with the revised project that may not have been adequately addressed with the approved tentative map.

B. If the Community Development Director determines that the parcel map is in substantial conformance with the approved tentative parcel map for the project, he or she shall sign the certificate acknowledging such and return it to the City Engineer for action in accordance with the provisions of this chapter.

C. If the Community Development Director determines that the parcel map is not in substantial conformance with the approved tentative parcel map and will require significant reanalysis of the project and/or environmental impacts, the subdivider will be required to submit a new application for tentative parcel map approval. Such application shall be processed in the same manner as an original application for tentative parcel map approval.

D. If the Community Development Director determines that the parcel map is not in substantial conformance with the approved tentative parcel map but is similar enough not to warrant a complete reevaluation of the project and its related environmental impacts, the subdivider shall submit an application for revised tentative parcel map approval.

E. The decision of the Community Development Director is final unless an interested party files a written appeal and accompanying fee with the City Clerk within ten (10) days of receipt of the Community Development Director’s written finding of conformance or nonconformance.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.16 Instrument of dedications and improvements.

When dedications, offers of dedication, or off-site and on-site improvements are required, they shall be made by a separate instrument which is recorded concurrently with or prior to the parcel map being filed for record.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.17 Examination by City Engineer.

Within twenty (20) days after receiving the parcel map, the City Engineer and Community Development Director shall examine it for the survey information shown thereon, and for compliance with other requirements of this Development Code and the Subdivision Map Act, and if satisfied that it is technically correct, shall state that the map conformed to the requirements of the Subdivision Map Act and local ordinance by signing the certificate on the map that is required by Section 18.64.060.04.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.18 Filing with county.

Upon approval of the construction drawings and the parcel map and receipt of the improvement security, the City Engineer shall forward the parcel map to the City Clerk. The City Clerk shall transmit the parcel map to either the county recorder or to an approved title company for final filing.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.19 Waiver of form and content requirements.

The City Engineer may waive any of this chapter’s requirements which are supplemental to those set forth in the Subdivision Map Act as to form and content of a tentative parcel map or parcel map upon finding that the location or nature of the proposed subdivision is such as not to necessitate compliance with those requirements.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.20 Incomplete or incorrect data.

If at any time during the processing of the parcel map, the map or accompanying data are found to be incomplete or incorrect with respect to pertinent required information, the subdivider shall be promptly advised of the changes or additions that must be made before further action may be taken on the tentative map. Failure to provide the omitted or inaccurate information shall be cause for disapproval of the tentative map, unless an extension of time for acting upon said map is mutually agreed upon by the subdivider and the Community Development Director.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.060.21 Withdrawal.

A request for withdrawal of a tentative parcel map shall be submitted to the Community Development Director in writing in advance of the approval. On the receipt of any such request, the Community Development Director shall notify all concerned City departments and agencies of the withdrawal. No refund of the filing fee shall be made for any such withdrawn map unless such request is made prior to the distribution of copies of the tentative parcel map to the City departments and other agencies.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070 Final maps.

18.64.070.01 Final map.

A final map shall be required for all subdivisions for which a tentative map has been filed except for those subdivisions for which a parcel map has been filed in accordance with Section 18.64.060.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070.02 Condominiums and community apartment projects.

Approval of a final map for a subdivision resulting from the conversion of residential real property into a condominium project, a community apartment project or a stock cooperative project shall be subject to the provision of Section 66427.1 of the California Government Code.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070.03 Deadline to file.

Within twenty-four (24) months of the date of approval or conditional approval of the tentative map, or within such additional time as may be granted by the approving body, the subdivider may cause the proposed subdivision or any part thereof to be surveyed and a final map to be prepared and filed as provided in this chapter and Section 66546.1 of the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070.04 Failure to file.

Failure to file a final map within the time specified in Section 18.64.070.03 shall terminate all proceedings.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070.05 Preparation - specifications generally.

The final map shall be based upon a survey and shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor in the manner required by the Subdivision Map Act and this chapter.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070.06 Content of map - tentative map conformance.

The final map shall substantially conform to the tentative map approved or conditionally approved by the hearing body, including any approved modifications.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070.07 Form of final map.

A. Final subdivision maps shall be clearly and legibly drawn, printed or reproduced by a process guaranteeing a permanent record. The size of the sheet shall be eighteen (18) inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch on all sides.

B. The title sheet shall contain the title consisting of the subdivision number and the name of the tract and such name shall not be the same as the name of any existing tract or subdivision of land into lots, for which a map or plot has been previously recorded, or so nearly the same as to mislead the public or cause confusion as to the identity thereof, and a subtitle or general description of all the property being subdivided by reference to maps which have been previously recorded. In case the property included within the subdivision lies wholly within the corporate limits of the City, the following words shall appear before the title: “In the City of Galt”; if partly within the City limits, the following words shall be used: “Lying within and adjoining the City of Galt.” Reference to tracts and subdivisions in the description must be worded identically with original records and reference to book and page or record must be complete. Every sheet comprising the map shall bear the number, name, scale, north point, legend, sheet number and number of sheets comprising the map. Below the title shall be clearly noted the basis of bearing for the survey.

C. When the final map consists of more than two (2) sheets, a key map showing the relationship of the sheets to each other shall be placed on sheet 1.

D. The scale of the final map shall be one (1) inch equals one hundred (100) feet, unless otherwise approved by the City Engineer.

E. The map shall show clearly what stakes, monuments or other evidences were found on the ground to determine the boundaries of the tract. The adjoining corners of all adjoining subdivisions shall be identified by lot and block numbers, tract name and place or record, or by section, township and range, or other proper designation.

F. Sufficient data must be shown to determine readily the bearing and length of every lot line, block line and boundary line. Dimensions of lots shall be given as to net dimensions to the boundaries of adjoining streets and shall be shown in feet and hundreds of feet. No ditto marks shall be used. Lots containing one (1) acre or more shall show net acreage to the nearest hundredths. Bearings and distances of straight lines and such radii and arc lengths for all curves as may be necessary to determine the location of the centers of curves shall be shown.

G. The map shall show the line of highest high water in case the subdivision is adjacent to a stream or body of water or if areas therein are subject to periodic inundation by floodwaters.

H. The exterior boundary of the land included in the subdivision shall be designated by a colored border applied to the tracing. Such border shall not interfere with the legibility of figures or other data.

I. In any subdivision, all lots shall be numbered consecutively with no omission or duplication throughout the entire subdivision and for future units of any subdivision which has the same tract name but is designated by different units. No block division or numbering is required, but if desired by the subdivider, then each block shall be numbered consecutively. Circles or other geometric figures shall not be drawn around numbers. Each lot must be shown entirely on one sheet.

J. The map shall show the center and side lines of all streets appearing on the map and shall include the total width of all such streets, the width of any street portions being dedicated, the width of existing street dedications, the width of each street half, and the width of any railroad rights-of-way. All streets shall be named.

K. The map shall show the center and/or side lines of all easements to which the lots are subject. Each easement must be clearly labeled and identified and, if already of record, its recorded reference given. If any easement is not of record, a statement of such easement must appear on the title sheet. Easements for storm drains, sewers and other purposes shall be denoted by dotted lines that are of the same size and width as the lines used to denote street boundaries. Distances and bearing on the side lines of lots which are cut by an easement must be arrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The width of the easement and lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly set out in the owner’s certificate of dedication. All notes or figures pertaining to easements shall be considerably smaller and lighter than those relating to the subdivision itself.

L. The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes and all parcels offered for dedication for any purpose, with all dimensions, boundaries and courses clearly shown and defined in every case. Any or all of the parcels of land intended for any public use, except those parcels, other than streets, intended for exclusive use of the lot owners, their licensees, visitors, tenants and servants, in the subdivision shall be offered for dedication for public use. Parcels offered for dedication but not accepted shall be clearly designated as such on the map. Remainder parcels shall be designated when required by Section 66434 of the Subdivision Map Act.

M. The following certificates and acknowledgments and all others now or hereafter required by law shall appear on the final map. Such certificates may be combined where appropriate:

1. A certificate signed and acknowledged by all parties having any record title interest in the real property being subdivided consenting to the preparation and recordation of said map; provided, however, that the signatures of parties owning the following types of interest may be omitted if their names and the nature of their respective interests are stated on the map.

a. Exception as provided in Section 66436(a)(1) of the Subdivision Map Act, rights-of-way, easements or other interests, none of which can ripen into a fee;

b. Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and a signature impossible or impractical to obtain. In such cases, statement of the circumstances preventing the procurement of the signatures shall be stated on the map;

c. Interest in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances, if:

i. The ownership of such interest or rights does not include the right of entry on the surface of the land;

ii. The use of the land, or the surface thereof, in connection with the ownership of such interest or rights is prohibited by zoning or other governmental regulations;

2. A certificate signed and acknowledged by all parties having any record title interest in the land being subdivided, not including those parties excluded by Section 66436 of the Subdivision Map Act, offering to dedicate interests in real property for specified public purposes;

3. A certificate signed by the engineer or surveyor responsible for the survey and final map. The certificate shall include the date of the survey and shall state that the survey and final map were made by him or her or under his or her direction, that the survey is true and complete as shown, that all the monuments are of the character and occupy the positions indicated or that they will be set in such positions on or before a specified later date, and that the monuments are, or will be, sufficient to enable the survey to be retraced;

4. A certificate for execution by the City Engineer which states that he or she has examined the map, that the subdivision as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof, that all provisions of Chapter 2 of the Subdivision Map Act and of this chapter applicable at the time of approval of the tentative map have been complied with, and that he or she is satisfied that the map is technically correct. The City Engineer shall complete and file the certificate with the City Council within twenty (20) days from the time the final map is submitted to him or her by the subdivider for approval;

5. A certificate for execution by the Community Development Director which states that he or she has examined the map, and that the subdivision as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof. The Community Development Director shall complete and file the certificate with the City Council or issue a written determination to the subdivider that the final map is not in substantial compliance with the approved tentative map within twenty (20) days from the time the final map is submitted to him or her by the subdivider for approval;

6. A certificate of acceptance for execution by the office of the county recorder;

7. Certificates for execution by the City and county auditors stating that there are no liens against the subdivision or any part thereof for unpaid state, county, municipal or local taxes or special assessments;

8. A certificate attesting that a tax bond, cash or other securities guaranteed in payment have been filed with the county clerk to cover taxes and assessments against the property which are a lien but are not yet payable;

9. A certificate for execution by the Mayor and the City Clerk stating that the City Council approved the map and accepted, accepted subject to improvement, or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication;

10. When a soil report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070.08 Filing.

A final map conforming to the approved or conditionally approved tentative map may be filed with the City Council for approval by filing the final map with the City Clerk for submission to the City Council on the agenda for the next available regular meeting of the City Council, after all required certificates including, but not limited to, those required by Sections 18.64.070.10 and 18.64.070.11 on such map have been signed and, where necessary, acknowledged. The date the map shall be deemed filed with the City Council is the date of the regular meeting at which the City Council first receives the map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070.09 Review by City Engineer and Community Development Director.

Prior to filing the final map with the City Clerk, the subdivider shall submit the map to the City Engineer for review by the City Engineer and Community Development Director. The subdivider shall, at the time of making application for approval of the final map, submit the following information and materials:

A. Two (2) prints of the final map;

B. Traverse sheets of the boundary of the subdivision and the lots within;

C. A guarantee of title issued by a reputable title insurance company showing the names of all persons having any right, title or interest in the lands proposed to be subdivided and whose consent is necessary to convey clear title to the lands;

D. Complete construction drawings for all of the required subdivision improvements;

E. A nonrefundable application and processing fee in an amount as established by resolution of the City Council; and

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

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070.10 Review and transmittal by City Engineer.

The City Engineer shall review the final map and accompanying documents for compliance with the provisions of the Subdivision Map Act and of this chapter as to form and as to data, certificates, acknowledgments and other information required to be shown thereon or furnished therewith. The subdivider shall make corrections and/or additions until acceptable to the City Engineer. The City Engineer shall not accept the final map prior to such compliance. After approval of the final map by the City Engineer, he or she shall transmit it and all accompanying documents to the Community Development Director for review.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070.11 Review by Community Development Director - requirement for revised map.

The Community Development Director shall evaluate final map submissions and provide a written finding of substantial conformance or a written finding of nonconformance with the approved tentative map for the subject project within twenty (20) days from receipt of the final map submittal. If the final map is found to be in substantial conformance, the Community Development Director shall sign the certificate acknowledging such. If a finding of nonconformance is made, the Community Development Director shall specify whether a new application for tentative map approval is required or if the subdivider qualifies to submit an application for revised tentative map approval.

A. A finding of nonconformance with the approved tentative map will be based on the determination that there are significant changes with regard to, but not limited to, the following criteria:

1. The number, size, configuration and/or orientation of proposed lots, and their relationship to surrounding land uses or the proposed circulation pattern;

2. The proposed circulation system and overall traffic pattern;

3. The effects of the revised project on surrounding land uses including, but not limited to, noise, air quality, public services and utilities, traffic and land use impacts;

4. Environmental impacts associated with the revised project that may not have been adequately addressed with the approved tentative map.

B. If the Community Development Director determines that the final map is in substantial conformance with the approved tentative map for the project and the City Engineer has approved the final map, the subdivider may file the final map submittal package with the City Clerk in accordance with the provisions of this chapter.

C. If the Community Development Director determines that the final map is not in substantial conformance with the approved tentative map and will require significant reanalysis of the project and/or environmental impacts, the subdivider will be required to submit a new application for tentative map approval. Such application shall be processed in the same manner as an original application for tentative map approval.

D. If the Community Development Director determines that the final map is not in substantial conformance with the approved tentative map but is similar enough not to warrant a complete reevaluation of the project and its related environmental impacts, the subdivider shall submit an application for revised tentative map approval.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070.12 Filing of revised tentative maps.

The filing of a revised tentative map shall be processed in the same manner as an original application for tentative map approval except that the application fee may be reduced, by the Community Development Director, to a minimum of sixty percent (60%) of the required tentative map fee established in the City fee schedule. The fees required for environmental review and analysis shall be determined on an individual project basis and charged in accordance with the established fee schedule of the City.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070.13 Council action.

A. The City Council 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 Chapter 2 of the Subdivision Map Act and this chapter 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. Any disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The City Council may approve a nonconforming map if it determines that the nonconformity is the result of a technical and inadvertent error that does not materially affect the validity of the map, provided the City Council and the subdivider agree that a conforming map shall be prepared by the subdivider before the certificate of approval described in Section 18.64.070.07(M)(9) is executed by the Mayor and the City Clerk.

B. At the time the City Council approves the final map, the City Council shall accept, accept subject to improvements, or reject any offers of dedication. Acceptance of offers of dedication on a final map shall not be effective until the final map is filed in the office of the county recorder. As permitted by Section 66477.2 of the Subdivision Map Act, the offers of dedication shall not be effective until the City Council files a resolution of acceptance in the office of the county recorder.

C. If, at the time of approval of the final map by the City Council, any public improvements required by the City pursuant to the provisions of this chapter or the Subdivision Map Act have not been completed and accepted in accordance with City standards applicable at the time of approval or conditional approval of tentative map, the City Council, as a condition precedent to the approval of the final map, shall require the subdivider to enter into an agreement as provided in Section 18.64.080E.11.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.070.14 Filing with county recorder.

Upon approval of the final map by the City Council and receipt of the improvement security, the City Engineer shall forward the final map to the City Clerk for transmittal to either the county recorder or to an approved title company for final filing.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080 Improvements and dedications.

18.64.080A General provisions.

18.64.080A.01 Intent.

It is the intent of this chapter to take advantage, to the fullest extent permitted by law, of those provisions of the Subdivision Map Act which permit local agencies to prescribe by ordinance the dedication of land for specified public purposes.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080A.02 Statutorily required ordinance - provisions deemed.

This chapter shall be deemed to be the requisite local ordinance required by the Subdivision Map Act for the imposition of the dedication of land for all purposes therein prescribed, including, but not limited to, the following: streets, alleys, drainage, public utilities and other easements; bicycle paths; transit facilities; parks and recreation facilities; elementary schools and high schools; public access to rivers and streams.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080A.03 Legal conformity - development restriction basis.

A. The size, design, character, grade, location, orientation and configuration of lots within the proposed subdivision and all public improvements required in connection therewith shall be consistent with the density and uses authorized for the area by the General Plan and Development Code of the City, and any applicable design and improvement standards.

B. The density, timing or sequence of development may be restricted by considerations of safety, traffic access or circulation, the slope of the terrain, the physical suitability of the site (including soil conditions), the nature and extent of existing development, the availability of public utilities, or other provisions of this chapter.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080A.04 Lots - zoning conformity.

All subdivision shall result in lots which comply with the requirements set forth for the zoning districts in which the property is located as set forth in the Development Code.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080A.05 Dedication of streets, alleys and other public rights-of-way or easements.

As a condition of approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters’ rights, drainage, public greenways, bicycle paths, trails, scenic easements, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters’ rights, drainage, public greenways, bicycle paths, trails, public utility easements and other public easements.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080A.06 Waiver of direct access rights.

The City may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such streets from any property within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080A.07 Dedications.

All dedications of property to the City for public purposes shall be made in fee title, except that, in the City’s discretion, a grant of an easement may be taken for the following purposes: open space easements, scenic easements or public utility easements. All dedications in fee and grants of easement shall be free of liens and encumbrances except for those which the City, in its discretion, determines would not conflict with the intended ownership and use. The City may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B Parkland dedication and in-lieu fees.

18.64.080B.01 Purpose.

This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the City and is for the purpose of providing such additional park and recreational facilities and open space as appropriate pursuant to the General Plan of the City. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this article are in accordance with the policies, principles and standards for park and recreational facilities contained in the General Plan.

For purposes of this article, “park and recreational purposes” shall include land and facilities for the activity of “recreational community gardening,” which activity consists of the cultivation by persons other than, or in addition to, the owner of such land, of plant material not for sale.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.02 Requirements.

As a condition of approval of a tentative map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this chapter. The land dedicated or the fees paid, or both, shall be used for community and neighborhood parks and facilities in such a manner that the locations of such parks and facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees, or both.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.03 Park acreage standard - population per type of dwelling unit.

It is found and determined as follows:

A. In accordance with Government Code Section 66477, the public interest, convenience, health, safety and welfare therefore require that five (5) acres of property for each one thousand (1,000) persons residing within the City be devoted to local park and recreation purposes.

B. The 2010 federal census for the City found the average population per household within the City to be 3.24.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.04 Formula for dedication of land.

A. Where a park or recreation facility has been designated in the General Plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future need of the residents of the subdivision, the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following formula:

# Households Proposed × # of Persons per DU (see chart below for average number of persons per household per dwelling unit type)/Unit ÷ 1,000 × 5 acres = Minimum Acreage Dedicated

Dwelling Unit Type	Average Number of Persons Per Household
Single-family detached	3.24
Duplex/townhome (2 to 4 units)	2.81
High density (5 or more)	3.27
Mobile home	2.06
Senior housing age 55 and above	1.97

B. Dedication of land pursuant to this section shall be made in accordance with the procedures contained in Section 18.64.080B.11.

C. For the purposes of this section, the number of new dwelling units shall be determined as follows:

1. In areas of the subdivision zoned for one dwelling unit per parcel, the number of new dwelling units in the area so zoned shall equal the number of parcels indicated on the tentative map;

2. In areas of the subdivision zoned for multiple dwelling units per parcel, the number of new dwelling units in the area so zoned shall equal the maximum number of dwelling units allowed under that zone;

3. For residential condominium units, the number of dwelling units shall equal the number of condominium units indicated on the tentative map; and

4. For planned development projects, the number of new dwelling units shall equal the number of dwelling units indicated on the approved final development plan. The term “new dwelling unit” shall not include dwelling units lawfully in place prior to the date on which the tentative map is approved.

D. The subdivider shall, without credit:

1. Provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic-control devices, street trees and sidewalks to land which is dedicated pursuant to this section;

2. Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

3. Provide improved drainage through the site; and

4. Provide other minimal improvements which the City Council determines to be essential to the acceptance of the land for recreational purposes.

E. Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Community Development Director and the City Engineer in location, topography, environmental characteristics and development potential as related to the intended use. The primary intent of this section shall be construed to provide the land for functional recreation units of local or neighborhood service, including but not limited to: tot lots, play lots, playgrounds, neighborhood parks, playfields, community or district parks and other specialized recreational facilities that may serve the family group and also senior citizen activities. Principal consideration shall be given therefore to lands that offer:

1. A variety of recreational potential for all age groups;

2. Recreational opportunities within walking distance from residents’ homes;

3. Possibility for expansion or connection with school grounds;

4. Integration with hiking, riding and bicycle trails, natural stream reserves and other open space;

5. Coordination with all other park systems; and

6. Access to at least one (1) existing or proposed public street.

(Ord. 2017-03, Amended, 02/21/2017; Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.05 Formulas for fees in lieu of land dedication.

A. General Formula. If there is no park or recreation facility designated in the General Plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in the City’s discretion, either dedicate land in the amount provided in Section 18.64.080B.04 or pay a fee in lieu of dedication equal to the land value, plus twenty percent (20%) toward costs of off-site improvements, prescribed for dedication in Section 18.64.080B.04 and in an amount determined in accordance with the provisions of Section 18.64.080B.07.

For the purposes of this article, “off-site improvements” are defined as those improvements which would have been required if land had been dedicated using the provisions of Section 18.64.080B.04.

B. Fees in Lieu of Land - Fifty (50) Parcels or Less. If the proposed subdivision contains fifty (50) parcels or less, the subdivider shall pay a fee equal to the land value, plus twenty percent (20%) toward costs of off-site improvements, of the portion of the park or recreational facilities required to serve the needs of residents of the proposed subdivision as prescribed in Section 18.64.080B.04 and in an amount determined in accordance with the provisions of Section 18.64.080B.07.

However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the City.

C. Use of Money. The money collected hereunder shall be used, in accordance with the schedule developed pursuant to Section 18.64.080B.13, solely for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land for park or recreational purposes.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.06 Criteria for requiring both dedication and fee.

In subdivisions of more than fifty (50) parcels, the subdivider shall both dedicate land and pay a fee in lieu in accordance with the following:

A. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park or recreation purposes and a fee computed pursuant to the provision of Section 18.64.080B.07 shall be paid for the value of any additional land, plus twenty percent (20%) toward costs of off-site improvements, that would have been required to be dedicated pursuant to Section 18.64.080B.04.

B. When a major part of the local park or recreation site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated and a fee computed pursuant to Section 18.64.080B.07 shall be paid in an amount equal to the value, plus twenty percent (20%) toward costs of off-site improvements, which would otherwise have been required to be dedicated pursuant to Section 18.64.080B.04. Such fees shall be used for the improvement of the existing park or recreation facility or for the improvement of other neighborhood or community parks and recreation facilities reasonably related to serving the subdivision.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.07 Amount of fee in lieu of land dedication.

When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the estimated fair market value at the time of final map approval of the land which would otherwise be required for dedication pursuant to Section 18.64.080B.03, plus twenty percent (20%) toward costs of off-site improvements, such as, but not limited to, the extension of utility lines. Fees to be collected pursuant to this section shall be approved by the Community Development Director based upon a current appraisal prepared by a qualified firm. All costs associated with the appraisal shall be the responsibility of the applicant.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.08 Determination of fair market value.

The fair market value shall be determined by the City with a written appraisal prepared and signed by a qualified real estate appraiser acceptable to the City. The appraisal shall be made immediately prior to the filing of the final map. The subdivider shall notify the City of the expected filing date at least two (2) months prior to the filing of the final map. If more than one (1) year elapses between the preparation of the appraisal and the filing of the final map, the City shall cause a new appraisal to be prepared. All costs associated with obtaining the appraisal and the reappraisal, if necessary, shall be borne by the subdivider. For the purposes of determining fair market value pursuant to this article, the appraiser shall consider but not be limited to the following:

A. Conditions of approval of the tentative map;

B. The General Plan and zoning requirements for the area;

C. The location and site characteristics of the property;

D. Off-site and on-site improvements facilitating use of the property.

If the subdivider objects to the determined fair market value, he or she may appeal to the City Council, who shall hear the appeal under the same rules and obligations current for local board of equalization hearings, except that the burden of proof shall lie with the subdivider.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.09 Determination of land or fee.

Whether the City accepts land dedication or elects to require the payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

A. Policies, standards and principles for park and recreation facilities in the General Plan;

B. Topography, geology, access and location of land in the subdivision available for dedication;

C. Size and shape of the subdivision and land available for dedication;

D. Feasibility of dedication;

E. Compatibility of dedication with the General Plan;

F. Availability of previously acquired park property.

The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.10 Credit for improvements and private open space.

If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this section.

No credit shall be given for private open space in any subdivision, except as hereinafter provided. Where private open space usable for active recreational purposes is provided for within any proposed planned development, real estate development, stock cooperative, or community apartment project, as defined in Sections 11003, 11003.1, 11003.2, 11003.4 and 11004 respectively of the Business and Professions Code, or within any proposed condominium project, as defined in Section 783 of the Civil Code, partial credit, not to exceed fifty percent (50%), shall be given for the value of such private open space against the amount of land required to be dedicated, or the amount of the fees imposed in lieu thereof, if the City finds and determines that it is in the public interest to do so and that all of the following standards are met:

A. Yards, court areas, setbacks and other open areas required by the Development Code and building ordinances and regulations shall not be included in the computation of such private open space; and

B. Private park and recreation facilities shall be owned by a homeowners’ association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a one hundred percent (100%) affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities; and

C. Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City or its successor; and

D. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

E. Facilities proposed for the open space are in substantial accordance with the provisions of the General Plan; and

F. The open space for which credit is given is generally a minimum of three (3) acres and provides all of the local park basic elements listed in this section, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:

1. Recreational open spaces, which are generally defined as parks areas for active recreation pursuits such as soccer, golf, baseball, softball and football and have at least one (1) acre of maintained turf with less than five percent (5%) slope;

2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games;

3. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving or both. They must also include decks, lawned area, bathhouses or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet of water surface area for each three percent (3%) of the population of the subdivision with a minimum of eight hundred (800) square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool;

4. Recreation buildings and facilities designed and primarily used for the recreational need of residents of the development.

The determination of the City as to whether credit shall be given and the amount of credit shall be final and conclusive.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.11 Procedure.

A. At the time of approval or conditional approval of the tentative subdivision map or parcel map, the Planning Commission shall determine whether land, in-lieu fees, or a combination of land and fees, shall be dedicated and/or paid by the subdivider. If the Planning Commission requires the payment of in-lieu fee payment by the subdivider, the Planning Commission shall set the amount of land upon which the in-lieu fee shall be based at the time of final map approval.

B. At the time of the recording of the final subdivision map or parcel map, the subdivider shall dedicate the land and/or pay fees as set in Section 18.64.080B.05. At the direction of the City, fees shall be paid prior to issuance of any building permit for any structure in the subdivision.

C. Open space covenants, conditions and restrictions for private park or recreation facilities shall be recorded concurrently with the final subdivision map or final parcel map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.12 Disposition of fees.

A. Fees determined pursuant to Section 18.64.080B.07 shall be paid to the City Treasurer and shall be deposited into the subdivision park trust fund, or its successor. Money in said fund, including accrued interest, shall be expended solely for the acquisition or development of park land or improvements related thereto in accordance with this chapter.

B. Collected fees shall be committed within five (5) years after payment thereof or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.

C. The City Treasurer shall report to the City Council at least once annually on the income, expenditures and status of the subdivision park trust fund.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.13 Schedule of use.

At the time of the approval of the final map or parcel map, the City shall develop a schedule specifying how, when and where it will use the land or fees, or both, to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.14 Exemptions.

The provisions of this chapter shall not apply to any of the following:

A. Subdivisions containing less than five (5) parcels and not used for residential purposes. However, a condition shall be placed on the approval of any such parcel map that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee otherwise due pursuant to this chapter shall be required to be paid by the owner of such parcel as a condition to the issuance of such permit;

B. Commercial or industrial subdivisions;

C. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing department building which is more than five (5) years old when no new dwelling units are added.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.15 Access.

All land offered for dedication to local park or recreational purposes shall have access to at least one (1) existing or proposed public street. This requirement may be waived by the Planning Commission if the Planning Commission determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080B.16 Sale of dedicated land.

If during the time period between the dedication of land for park purposes and the commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the City Council with the resultant funds being used for the purchase of a more suitable site.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080C Bridge and thoroughfare fees.

18.64.080C.01 Intent.

It is the intent of the City Council in enacting this section to take advantage, to the fullest extent permitted by law, of those provisions of the Subdivision Map Act which permit the collection of a fee for the construction of bridges and major thoroughfares.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080C.02 Statutorily required ordinance - considerations in lieu of fees.

A. There are adopted by reference, as though set out in full, the provisions of Subsections (a)(1) through (a)(6) of Section 66484 of the Subdivision Map Act, and the provisions so adopted shall constitute the local ordinance required for the imposition of fees for bridges and major thoroughfares.

B. As required by Subsection (a) of Section 66484, reference is made to the circulation element of the General Plan and the appropriate provisions thereof.

C. As permitted by Subsection (f) of Section 66484, considerations, as determined appropriate by the City Council, may be accepted in lieu of the payment of fees under this chapter.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080D Reimbursement for work outside subdivision.

18.64.080D.01 Intent.

It is the intent of the City Council in enacting this chapter to take advantage, to the fullest extent permitted by law, of those provisions of the Subdivision Map Act which permit the City to require a subdivider to install and dedicate to the public improvements with supplemental size, capacity, number or length for the benefit of property not within the subdivision.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080D.02 Statutorily required ordinance.

This chapter shall be deemed to be the requisite local ordinance required by Section 66485 of the Subdivision Map Act for the imposition on a subdivider of the requirement to install and dedicate to the public improvements with supplemental size, capacity, number or length for the benefit of property not within the subdivision.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080D.03 Governing provisions.

Reimbursement to the subdivider for the installation of supplemental improvements shall be governed by the provisions of Sections 66486, 66487, 66488 and 66489 of the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080E Reservations.

18.64.080E.01 Intent.

It is the intent of the City Council in enacting this section to take advantage, to the fullest extent permitted by law, of those provisions of the Subdivision Map Act which permit the City to require the subdivider to reserve real property for parks, recreational facilities, fire stations, libraries or other public uses.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080E.02 Statutorily required ordinance.

This chapter shall be deemed to be the requisite local ordinance required by Section 66479 of the Subdivision Map Act for the imposition on a subdivider of the requirement to reserve certain real property for public uses.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080E.03 Principles and standards.

Where a facility or use specified in Section 66479 of the Subdivision Map Act is shown in an adopted element of the General Plan, the subdivider may be required by the City Council to reserve sites as so determined by the City in accordance with the principles and standards contained in the General Plan, subject to the limitations set forth in Section 66479 of the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080E.04 Agreement.

If the City requires a developer to reserve real property pursuant to this chapter, the City shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be determined in accordance with the provisions of Section 66480 of the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080E.05 Required - conformity.

The subdivider shall construct or install all public improvements as may be required within the subdivision in accordance with the provisions of this chapter.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080E.06 Plan - preparation - fees.

A. Improvement plans shall be prepared by or under the supervision of a registered civil engineer and shall conform to this chapter and any other applicable improvement standards adopted by the City Council. The form, layout, scale and other particulars of the plans and the number of copies to be provided, shall be in accordance with the requirements of the City Engineer.

B. The final map shall not be deemed to be submitted for approval until the preparation of the plans is completed and the plans have been accepted by the City Engineer.

C. Standard engineering fees to be charged by the City for the checking of plans by the City Engineer shall be determined by resolution of the City Council.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080E.07 Plans - approval - work beginning.

The improvement plan shall have been approved by the City Engineer prior to the commencement of any construction work or improvement.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080E.08 Utility line undergrounding.

Utility lines, including but not limited to electrical, natural gas, telephone, cable television, and street lighting service lines, shall be placed underground. Pertinent equipment such as transformers, terminal boxes and meter cabinets may be placed aboveground when in the opinion of the Community Development Director or City Engineer it is impractical under the circumstances to place the same underground.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080E.09 Temporary improvements.

In addition to permanent improvements, temporary improvements may be required to be made prior to or concurrent with permanent improvements.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080E.10 Inspections.

All improvements shall be subject to inspection by the City Engineer. The subdivider shall pay the City a fee to defray the cost of making such inspections. The applicable inspection fees shall be determined by resolution of the City Council.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080E.11 Improvement agreement.

A. If the required improvements are not completed to the satisfaction of the City Engineer before a final map or parcel map is filed, the subdivider shall enter into one (1) of the following agreements with the City:

1. An agreement with the City upon mutually agreeable terms to thereafter complete such improvements at the subdivider’s expense;

2. An agreement with the City to thereafter:

a. Initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements, or

b. If not completed under such special assessment act, to complete such improvements at the subdivider’s expense;

3. Any agreement entered into pursuant to Section 18.64.080D.01 shall be secured by an improvement security in accordance with Section 66499 of the Subdivision Map Act in writing and shall be approved as to form by the City Attorney. The agreement shall also be secured in a manner approved by the City Attorney, subject to the provisions of Section 66499 of the Subdivision Map Act. The improvement agreement to be executed by the subdivider shall be in writing, and shall be approved as to form by the City Attorney. The same shall be secured in a manner approved by the City Attorney, subject to the provisions of Section 66499 of the Subdivision Map Act.

B. This section shall be deemed the local ordinance regarding an agreement to install improvements pursuant to Section 66411.1 of the Subdivision Map Act for subdivisions of five (5) or less parcels and the agreement executed pursuant hereto shall be the applicable agreement.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080E.12 Security - amount.

The improvement security shall be provided in the amount of:

A. One hundred percent (100%) of the total estimated cost of the improvement or act to be performed conditioned upon the faithful performance of the act or agreement;

B. One hundred percent (100%) of the total estimated cost of the improvement or act to be performed, securing payment to the contractor, the subcontractors, and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act;

C. The amount determined by the City Council to be necessary to guarantee and warrant the work for a period of one (1) year following completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080E.13 Security - release.

The security furnished by the subdivider shall be released in whole or in part in the manner prescribed in Section 66499.7 of the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080F Local transit facilities.

18.64.080F.01 Required conformity.

As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable offer of dedication of, land within the subdivision for local transit facilities such as shelters, benches, bus turnouts, landing pads, park-and-ride facilities and similar items which directly benefit the residents of the subdivision, if:

A. The subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if developed to the maximum density shown on the General Plan or contains one hundred (100) acres or more; and

B. The City finds that transit services are or will, within a reasonable time period, be made available to the subdivision.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080G Solar access easements.

18.64.080G.01 Purpose.

As a condition of approval of a tentative map, there may be imposed, in accordance with the provisions of Section 66475.3 of the Subdivision Map Act, a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system, as defined in Section 801.5 of the state Civil Code. In establishing such easements, consideration shall be given to feasibility, contour, configuration of the parcel to be divided and cost. Required easements shall not result in reducing allowable densities or the percentage of a lot which may be occupied by the building or a structure under applicable planning and zoning in force at the time such tentative map is filed.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080H School site dedication.

18.64.080H.01 General.

As a condition of approval of a tentative map, a subdivider who develops or completes the development of one (1) or more subdivisions within the Galt Joint Union Elementary or High School Districts shall dedicate to the school districts such lands as the City shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate public school service.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080H.02 Procedure.

The requirements of dedication shall be imposed at the time of approval of the tentative map. If within thirty (30) days after the requirement of dedication is imposed by the City, a school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map or parcel map on any portion of the subdivision.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080H.03 Payments to subdivider for school site dedication.

The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

A. The cost of any improvements to the dedicated land since acquisition by the subdivider;

B. The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept the dedication;

C. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080H.04 School district failure to use land.

Should land not be used by a school district, as a school site, within ten (10) years after dedication, the subdivision shall have the option to repurchase the property from the district for the amount paid.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.080H.05 Exemptions.

The provisions of this article shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.090 Monuments.

18.64.090.01 Requirement generally.

At the time of making the survey for the final map or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards prescribed by Section 66495 of the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.090.02 Boundary monuments.

Monuments shall be set on the exterior boundary of the subdivision at all corners, angle points, beginnings and endings of curves, and at intermediate points as determined by the City Engineer to be reasonably necessary to establish the exterior boundaries. The locations of inaccessible points may be established by ties and shall be so noted on the final or parcel map. At least one (1) extension boundary line shall be adequately monumented or referenced prior to recordation of the final map or parcel map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.090.03 Interior monuments.

Interior monuments shall be set at all block and lot corners and angle points and at the beginnings and ends of curves, and along street and alley centerlines at the beginnings and ends of curves, at points of intersection with centerlines of other existing and proposed streets and alleys, and at the points of intersection with the exterior boundary lines. Interior property line and centerline monuments and ties may be set after the final map is recorded.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.090.04 Deferral - agreement - City installation.

A. In the event any or all of the required monuments are to be set after recordation of the final map or parcel map, the engineer or surveyor certificate shall specify the date established by the City Engineer by which the monuments will be set. The subdivider shall, prior to the time the final or parcel map is approved by the City, furnish to the City an agreement to install the monuments together with security approved by the City Attorney in an amount equal to the estimated cost of setting such deferred monuments.

B. In the event the deferred monuments are not set within the period of time specified, or within the approved extended period of time; and provided, that all improvement work has been completed, the City Engineer shall give written notice directing the engineer or surveyor of record to set such monuments within sixty (60) days.

C. If the engineer or surveyor of record fails to set the monuments within the time specified, the City Engineer shall take action to have a substitute engineer or surveyor set the monuments required. The City Engineer shall pay the substitute engineer or surveyor from the security provided by the subdivider.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.090.05 Type - setting - marking.

All monuments set in the course of the survey as required by this chapter shall be of the type specified by the City Engineer and shall be set to the depth and in the manner prescribed therefor. Further, all monuments shall be visibly marked or agreed as required by the City Engineer.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.090.06 Survey data on maps.

The City Engineer shall specify the survey data and information to be shown on each final map or parcel map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.100 Modifications.

18.64.100.01 Authority limit - minor change.

The original approving authority may grant, conditionally grant or deny requests by a subdivider for modifications to the requirements or standards imposed by this chapter; provided, however, that no modifications may be made to any requirements expressly imposed by the Subdivision Map Act; and further provided, that nothing in this title shall be construed as altering or conflicting with the powers and duties of the City Council, Planning Commission, and Community Development Director to authorize variances from the regulations and requirements of the Development Code. A minor change in the design of a subdivision which is not in violation of the requirements or standards imposed in this code shall not be deemed to be a modification, as the term is used in this chapter.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.100.02 Filing time.

Requests for modification shall be filed with the tentative subdivision or parcel map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.100.03 Application - action delay agreement.

A. Requests for modifications shall be filed in writing by the subdivider with the Community Development Director upon a form and in a number of copies required for that purpose as specified by the City Engineer. In addition to any other information or material required, the request for modifications shall be accompanied by a written statement of the subdivider agreeing to an extension of time for action on the tentative subdivision or parcel map by the Planning Commission. The purpose for the extension of time is to permit staff time to examine the merits of the application for modification and to report on the same to the approving authority.

B. Each application shall state fully the nature and extent of the desired modifications, the reasons therefor, and the facts relied upon. A nonrefundable fee to be determined by the City Council by resolution shall accompany each request for a modification. The fee shall be in addition to any fee required for processing the tentative subdivision or parcel map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.100.04 Affected agencies.

The Community Development Director shall transmit copies of the modification request to the Public Works Department and to the City Engineer for review and comment. The Community Development Director may transmit copies to other public or private agencies or departments affected by the proposed request as he or she deems appropriate.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.100.05 Approving authority consideration - action alternatives.

A. The Community Development Director for parcel maps or the Planning Commission for tentative maps shall consider the request for modification at the time it considers the parcel or tentative map. At that time the approving authority shall proceed to hear testimony of the subdivider or the subdivider’s designated representative and any witnesses on the subdivider’s behalf, and the testimony of any other interested person.

B. The approving authority shall, at the time it takes action on the tentative subdivision or parcel map, determine, on the basis of the evidence and testimony received, whether such modification be granted, conditionally granted or denied.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.100.06 Findings required.

Before approving any request for modification, the approving authority must be able to make all of the following findings:

A. That the property to be divided is of such size or shape, or is affected by such topographical conditions, or that there are special circumstances or conditions affecting the property that it is impossible, impractical or undesirable in the particular case to conform to the strict application of this title;

B. That the modification will not be detrimental to the public health, safety and welfare or be injurious to other properties in the vicinity of the property to be divided;

C. That the modification is in accord with the intent and purposes of this code and is consistent with the General Plan.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.100.07 Action on appeal.

When the Planning Commission or City Council hears on appeal upon a tentative subdivision or parcel map, it may also act upon the appeal of any proposed modification, taking into consideration the action of the approving authority thereon. Any approved amendment shall not alter the expiration date of the tentative subdivision or parcel map.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.110 Reversion, merger and lot certification.

18.64.110A Certificate of compliance.

18.64.110A.01 Application fee.

Any person owning real property within the City may apply for the issuance of a certificate of compliance as set forth in Section 66499.35 of the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.110A.02 Consideration.

The City Engineer shall consider the application for issuance of a certificate of compliance. An appeal to the Planning Commission from a decision of the City Engineer may be filed with the Community Development Department by any interested person, in writing, within ten (10) days after a decision by the City Engineer.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.110B Reversion to acreage.

Petitions for reversions to acreage shall be submitted to the Community Development Department upon a form provided by the City and shall be considered by the City Engineer. The City Engineer shall act thereon in the manner prescribed by Sections 66499.15 through 66499.17 of the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.110C Merger.

18.64.110C.01 Conditions.

Notwithstanding Section 66424 of the Subdivision Map Act and any other provision of this chapter, two (2) or more contiguous parcels or lots which have been subdivided under the provisions of the Subdivision Map Act, or any prior law regulating the division of land, and applicable local ordinances enacted pursuant thereto or which were not subject to such provisions at the time of their creation, shall not merge by virtue of the fact that such lots or parcels are held by the same owner, unless any one (1) of such lots or parcels does not conform to standards for minimum lot size and only if the requirements set forth in Section 66451.11 of the Subdivision Map Act have been met.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.110C.02 Notice - hearing.

Prior to recording a notice of merger, the Community Development Department shall mail by certified mail to the then-current record owner or owners of the parcels or lots to be merged a notice of intention to determine status, notifying the owner or owners that the parcels or lots may be merged pursuant to the standards set forth or incorporated by reference into this chapter, and advising the owner or owners of the opportunity to request within thirty (30) days after the notice of intention has been recorded, a hearing on determination of status and to present evidence at the hearing that the parcels or lots do not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder on the date the notice is mailed to the parcel or lot owner or owners. The hearing shall be conducted by the Community Development Director pursuant to the provisions of Section 66451.15 and 66451.16 of the Subdivision Map Act.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.110D Correction and amendment.

18.64.110D.01 Correction certificate - amending map.

After a final map or parcel map is filed for record with the county recorder, a certificate of correction or an amending map for the purposes set forth in Section 66469 of the California Government Code may be approved by the City Engineer. A copy of the amending map or certificate of correction shall be filed with the Community Development Director.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.110D.02 Modification of recorded final map.

A recorded final map or parcel map may be modified by a certificate of correction or an amending map, upon approval of the City Council. Applications for modification of a recorded final map or parcel map shall be filed, processed and considered at a noticed public hearing in the same manner as tentative subdivision maps or tentative parcel maps. The City Council shall not approve the requested modification unless the City Council finds that there are changes in circumstances which make any or all of the conditions of the recorded map no longer appropriate or necessary; that the modifications do not impose any additional burden on the present fee owner of the property; that the modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and that the map as modified conforms to the provisions of Section 66474 of the California Government Code. In considering a request to modify a recorded final map or parcel map, the City Council shall confine the hearing to consideration of and action on the proposed modification only.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.120 Administration.

18.64.120.01 Disapproval of maps - restrictions.

The City Council, Planning Commission, and Community Development Director shall not approve a map if it fails to meet any of the requirements of the Subdivision Map Act or this code, or conditions imposed pursuant thereto. A final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative subdivision map. When disapproving a map, the approving authority shall make a finding identifying the requirements or conditions which have not been met or performed.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.120.02 Disapproval of maps - waiver for minor error.

The provisions of Section 18.64.120.01 may be waived when the failure of the map is the result of a technical and inadvertent error, which does not materially affect the validity of the map. The subdivider may request such a determination by written request filed with the Community Development Director. Such request shall be acted upon by the Community Development Director.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.120.032 Environmental documentation.

The approving body for the tentative subdivision map or parcel map shall also be the body finally approving or certifying any environmental documentation which may be required.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.130 Enforcement.

18.64.130.01 Responsible officers - suit to restrain or enjoin.

A. Except as otherwise provided in this chapter, the City Engineer and the Community Development Director shall enforce these regulations and the Subdivision Map Act within the City.

B. The City Attorney is authorized on behalf of the City to file a suit in the superior court or other court of competent jurisdiction to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act, this title, or the conditions and terms of approval granted pursuant to this chapter.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.130.02 Violation - procedure.

Any officer or employee of the City who has knowledge that real property has been divided in violation of the Subdivision Map Act or this title shall immediately notify the City Engineer or Community Development Director. Upon receipt of said information, the City Engineer or Community Development Director shall, if satisfied a violation exists, proceed as set forth in Section 66499.36 of the Subdivision Map Act. The hearing prescribed by such section shall be held before the City Council.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.140 Covenants for easements.

18.64.140.01 Imposition of covenant.

When any dedication or grant of easement may be required in connection with any approval, permit or designation granted by the approval authority, the body granting such approval, permit or designation may require in lieu of such dedication or grant of easement, the creation and recordation of a covenant of easement pursuant to Government Code Sections 65870 and following, and this chapter.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.140.02 Purposes of covenant of easement.

Any covenant of easement recorded pursuant to this chapter may be for the purposes of parking, ingress, egress, emergency access, light and air access, or open space purposes.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.140.03 Requirements for covenant of easement.

At the time of recording of the covenant of easement, all the real property benefited or burdened by the covenant shall be in common ownership. The covenant shall be recorded in the county where all or a portion of the restricted property is located, and shall contain a legal description of the real property to be subject to the easement and the real property to be benefited thereby, and shall identify the approval, permit or designation granted which relied upon or required the covenant, and shall be executed by the owner of the real property.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)

18.64.140.04 Release of covenant.

Any person, whether or not such person has title to the real property, may request release of the covenant, by submitting a written request for such release to the clerk of the body which granted the approval, permit or description, together with the fee imposed by resolution of the City Council, from time to time, to cover the reasonable costs of processing such release. Within ninety (90) days of the receipt of such written request, the clerk of the body receiving the request shall schedule a public hearing concerning such request. Notice of such public hearing shall be given in the manner specified in Government Code Section 6061. At such public hearing, if the body conducting the hearing determines that restriction of the property is no longer necessary to achieve the land use goals of the City, a release of the covenant shall be recorded by the City in the county where the restricted property is located.

(Ord. 2015-05, Repealed and Replaced, 06/16/2015)