Chapter 10.15

A. “Map act” means the Subdivision Map Act of the state as contained in Division 2 entitled “Subdivisions” of the Government Code (commencing with Section 66410), or as hereafter amended.

B. “Owner” is the individual, firm, association, syndicate, copartnership, or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this article and while used here in the masculine gender and singular number it shall be deemed to mean the feminine and neuter gender and plural number whenever required.

C. “Subdivider” means a person, firm, corporation, partnership or associate who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others.

D. “Subdivision” means the division of any improved or unimproved land, 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. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 1350 of the Civil Code or a community apartment project, as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

E. The planning commission shall constitute the “advisory agency” for tentative maps, parcel maps and for minor subdivision maps.

F. Whenever any words or phrases as used in this chapter are not defined in this section but are defined in the Subdivision Map Act as last amended, such definitions are incorporated in this section and shall be deemed to apply as though set forth in this chapter. (Ord. 69, § II, Amended by Ord. 343, § 1; 1976 Code § 10-3.101; 1966 Code § 9000).

10.15.020 Citation and authority.

This chapter is adopted to supplement and implement the Subdivision Map Act and may be cited as the “Subdivision Chapter of Millbrae.” (Ord. 69, § I, Amended by Ord. 343, § 2; 1976 Code § 10-3.102; 1966 Code § 9001).

10.15.030 Unlawful acts.

It is unlawful for any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity, as a principal agent, or otherwise, to offer to sell, to contract to sell, or to sell any subdivision of land or any part thereof in the city unless and until all the requirements hereinafter provided have been complied with. (Ord. 69, § I; 1976 Code § 10-3.103; 1966 Code § 9002).

Article II. Division of Four or Less Lots

10.15.040 Filing of tentative parcel maps.

Three copies of the tentative parcel map of proposed subdivision of any land into four or less lots shall be filed with the planning commission. When the tentative parcel map is submitted, a processing fee in an amount to be prescribed by resolution of the city council shall be paid to the city. (Ord. 69, § III, Amended by Ord. 343, §§ 3 and 4; 1976 Code § 10-3.201; 1966 Code § 9005).

10.15.050 Dimensions.

The tentative parcel map shall show the dimensions of the proposed lots or division and any other information deemed necessary by the planning commission. (Ord. 69, § III, amended by Ord. 343, § 3; 1976 Code § 10-3.202; 1966 Code § 9006).

10.15.060 Determination of planning commission.

The planning commission shall determine whether the proposed subdivision is in conformity with law and this chapter, whether the size and shape of the proposed lots is in general conformance to city requirements, and whether all the proposed lots will have proper and sufficient access to a public street. One copy of the map shall be retained in the files of the planning commission and one copy shall be filed with the city engineer. (Ord. 69, § III, Amended by Ord. 343, § 3; 1976 Code § 10-3.203; 1966 Code § 9007).

10.15.070 Final approval.

Approval of the tentative parcel map shall be deemed as final approval and no final map need be submitted; provided, that the planning commission may require that all the provisions of this chapter pertaining to subdivisions into five or more lots be complied with, where it is the opinion of the planning commission that the intent is to ultimately subdivide into five or more lots. (Ord. 69, § III, Amended by Ord. 343, § 3; 1976 Code § 10-3.204; 1966 Code § 9008).

Article III. Tentative Map or Subdivision of Five or More Lots

10.15.080 Filing.

Six copies of a tentative map and statement of the proposed subdivision of any land into five or more lots shall be filed with the planning commission at least fifteen days prior to the meeting of said commission at which consideration is desired, together with a processing fee in an amount to be prescribed by resolution of the city council. (Ord. 69, § III, Amended by Ord. 343, § 5; 1976 Code § 10-3.301; 1966 Code § 9015).

10.15.090 Departmental approval.

The planning commission shall transmit two copies of such tentative map to the city engineer and may transmit copies thereof to other departments as it deems advisable. Upon receipt of a copy of such tentative map, each department to whom or to which the same has been transmitted, shall examine the said map to ascertain if same conforms to the requirements coming within the authority of such department and within ten days after receipt thereof, each department shall make a written report to the planning commission. If said map conforms to the requirements coming within its authority, such department shall so state within its report to the planning commission. If said map does not conform to such requirements, or any of them, such department shall so state in said report, noting therein the particulars in which said map does not conform. (Ord. 69, § III; 1976 Code § 10-3.302; 1966 Code § 9016).

10.15.100 Size.

Tentative maps shall be eighteen by twenty-six inches in size and to a minimum scale of one inch equals one hundred feet, unless otherwise approved by the planning commission, and shall be clearly and legibly reproduced. (Ord. 69, § III; 1976 Code § 10-3.303; 1966 Code § 9017).

10.15.110 Information on map.

The tentative map shall contain the following information:

A. The subdivision name, number, date, north point, scale and sufficient description to define the location and boundaries of the proposed subdivision;

B. Name and address of record owner or owners of said subdivision;

C. Name and address of the subdivider;

D. Name, business address, number of the registered engineer, or licensed surveyor, who prepared the map of said subdivision, if any, sufficient elevations or contours to determine the general slope of the land and the high and low points thereof;

E. The locations, names, widths and appropriate grades of all roads, streets, highways and ways in the proposed subdivision and along the boundaries thereof, and typical cross-sections of all streets showing type of improvement;

F. The location and character of all existing or proposed public utility facilities in said subdivision or on said adjoining and contiguous highways, streets and ways;

G. The approximate widths, location and purpose of all existing or proposed easements;

H. Approximate lot layout showing approximate dimensions of each lot to be numbered;

I. The outline of any existent buildings to remain in place and their locations in relation to existing or proposed street and lot lines;

J. Approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of all watercourses. (Ord. 69, § III; 1976 Code § 10-3.304; 1966 Code § 9018).

10.15.120 Information in statement.

The statement to accompany map shall contain the following information:

A. Existing use or uses of the property;

B. Proposed use of the property. If the property is proposed to be used for more than one purpose, the area, lots, or lot proposed for each type of use shall be shown on the tentative map;

C. Statement of the improvements and public utilities, including water supply and sewage disposal, proposed to be made or installed and of the time at which such improvements are proposed to be completed;

D. Public areas proposed, if any;

E. Tree planting proposed, if any;

F. Restrictive covenants proposed, if any;

G. Justification and reasons for any exceptions to provisions of this chapter. (Ord. 69, § III; 1976 Code § 10-3.305; 1966 Code § 9019).

10.15.130 Planning commission recommendation.

A. The planning commission shall determine whether a tentative map is in conformity with all the provisions of the Subdivision Map Act and of this chapter, and, upon that basis, shall within fifty days after the filing of the tentative map take one of the following actions: recommend approval with or without conditions or conditional exceptions or recommend disapproval.

B. The action of the planning commission shall be clearly endorsed on the face of the tentative map, by the chairperson of the planning commission, as so directed by action of the planning commission.

C. In the event of recommended approval of the tentative map, one copy of the action properly endorsed and attached thereto shall be returned to the subdivider and one copy with the endorsed attachment shall be kept permanently on file by the city.

D. The planning commission shall not recommend approval of any tentative map unless it first finds that the proposed subdivision, together with provisions for its design and improvement, is consistent with the general plan and its elements, and any specific plan applicable thereto. (Ord. 69, § III, Amended by Ord. 343, § 6 and Ord. 415, § 1; 1976 Code § 10-3.306; 1966 Code § 9020).

10.15.140 Planning commission suggestions.

The planning commission may suggest to the subdivider the advisability of dedicating suitable areas for the parks, playgrounds and schools and other public building sites that will be required for the use of the population, which is intended to occupy the subdivision under the plan of proposed property uses therein. In all cases, the planning commission shall suggest to the subdivider such measures as will make for excellence of residential, commercial or industrial development. (Ord. 69, § III; 1976 Code § 10-3.307; 1966 Code § 9021).

10.15.150 City council action.

Upon receipt of the planning commission’s recommendation concerning a tentative map, the city clerk shall place the matter of the tentative map upon the agenda of the next regular meeting of the city council. Within thirty days after the meeting at which the tentative map first appears upon its agenda, the city council shall approve, conditionally approve, disapprove, or deny without prejudice the tentative map and shall also take action on any conditional exceptions which may accompany the tentative map. (Ord. 69, § III, Amended by Ord. 415, § 2; 1976 Code § 10-3.308; 1966 Code § 9022).

Article IV. Final Map

10.15.160 Purpose.

The city council declares that this section through MMC 10.15.190 are enacted pursuant to the requirements of the Subdivision Map Act. (Ord. 227, § 1, Amended by Ord. 343, § 15; 1976 Code § 10-3.401; 1966 Code § 9100).

10.15.170 Preliminary soil report.

Prior to the submission of the final subdivision map, the subdivider shall file with the city building inspector a preliminary soil report, prepared by a civil engineer who is registered by the state, based upon adequate test borings or excavations of every subdivision as defined in the Subdivision Map Act. The preliminary soil report may be waived if the city building inspector shall determine that, due to the knowledge of such department as to the soil qualities of the subdivision, no preliminary analysis is necessary. The building inspector shall keep a written record of such waivers. (Ord. 227, § 2, Amended by Ord. 343, § 16; 1976 Code § 10-3.401(1); 1966 Code § 9101).

10.15.180 Soil investigation.

If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision shall be prepared by a civil engineer who is registered by the state. The soil investigation shall recommend corrective action which is designed to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The report shall be filed with the city building inspector. (Ord. 227, § 3; 1976 Code § 10-3.402; 1966 Code § 9102).

10.15.190 Approval of soil investigation.

The city may approve the subdivision if it is determined that the recommended corrective action is likely to prevent structural damage to each dwelling to be constructed on each lot in the subdivision. Appeal from such determination shall be to the city council. The building permit shall be conditioned upon the incorporation of the approved recommended corrective action in the construction of each dwelling. (Ord. 227, § 4, Amended by Ord. 343, § 17; 1976 Code § 10-3.403; 1966 Code § 9103).

10.15.200 When filed – Extension – Fee.

Within one year after approval, or conditional approval of the tentative map, the subdivider shall cause the subdivision, or any part thereof, to be surveyed and a final map thereof prepared in conformance with the tentative map as approved or conditionally approved. The tracing and two blueline or blackline prints of the final map shall be filed with the planning commission. One cloth-bound copy of final map shall be filed with the city clerk. An extension of time for filing of the final map not to exceed an additional eighteen months may be granted by the city council upon recommendation by the planning commission; provided, that a written application is made by the subdivider within one year after action on tentative map. The subdivider shall, at the time of submitting the final map to the planning commission, pay to the city a processing fee in amount to be prescribed by resolution of the city council. (Ord. 69, § IV, Amended by Ord. 153, § 1 and Ord. 343, § 7; 1976 Code § 10-3.404; 1966 Code § 9025).

10.15.210 Dedications – Traffic restrictions – Computations.

At the time of the filing of the final map with the planning commission, the subdivider shall also file therewith the following:

A. In the event any dedication is to be made for the public use, a preliminary title report issued by a title insurance company in the name of the owner of the land, issued to or for the benefit and protection of the city, showing all parties, whose consent is necessary, of their interests therein.

B. The instrument prohibiting traffic over the side lines of a major highway, parkway, street or freeway, when and if the same is required under this chapter. The planning commission may impose a requirement that there shall be included a waiver of direct access rights to any major highway, parkway, street or freeway from any property shown on a final map as abutting thereon.

C. Sheets and drawings showing traverse closures and the computation of all distances, angles and courses shown on the final map, ties to existing and proposed monuments, and adjacent subdivisions, street corners, and highway stations. (Ord. 69, § IV, Amended by Ord. 343, § 8; 1976 Code § 10-3.405; 1966 Code § 9026).

10.15.220 Conformity with Subdivision Map Act.

The final subdivision map shall conform with the requirements of the Subdivision Map Act. (Ord. 69, § IV, Amended by Ord. 343, § 9; 1976 Code § 10-3.406; 1966 Code § 9030).

10.15.230 Key map.

When the final map consists of more than two map sheets, a key map showing the relation of the sheets shall be placed on sheet one. Every sheet comprising the map shall bear the scale, north point, legend, sheet number, and number of sheets comprising the map. (Ord. 69, § IV; 1976 Code § 10-3.407; 1966 Code § 9031).

10.15.240 Coordinates.

Wherever the city engineer has established a system of coordinates, then the survey shall be tied into such system. The map shall show clearly what stakes, monuments or other evidence were found on the ground to determine the boundaries of the subdivision. The adjoining corners of all adjoining subdivisions shall be identified by lot and block numbers, subdivision name and place of record, or other proper designation. (Ord. 69, § IV; 1976 Code § 10-3.408; 1966 Code § 9032).

10.15.250 Lot sizes.

Sufficient data must be shown to determine readily the bearing and length of every lot line, block line, street centerline and boundary line. No ditto marks shall be used. Lots containing one acre or more shall show total acreage to nearest hundredth. Bearing and lengths of straight lines, central angles, radii, and arc lengths for all curves shall be shown. No lot shall be dimensioned to contain any part of an existing or proposed public right-of-way. (Ord. 69, § IV; 1976 Code § 10-3.409; 1966 Code § 9033).

10.15.260 Centerline of street or alley.

Whenever the city engineer has established the centerline of a street or alley, adjacent to or in the proposed subdivision, the data shall be shown on the final map indicating all monuments found and making reference to a field book or map. If the points were reset by ties, the course and detail of relocation data used by the city engineer shall be stated. (Ord. 69, § IV; 1976 Code § 10-3.410; 1966 Code § 9034).

10.15.270 Monuments.

The map shall show the location and description of all monuments found in making the survey of the subdivision. (Ord. 69, § IV; 1976 Code § 10-3.411; 1966 Code § 9035).

10.15.280 Other requirements.

In addition, the final map shall be prepared in full compliance with the following requirements:

A. The final map shall show the line of high water in case the subdivision is adjacent to a stream, channel or any body of water and shall also show any area subject to periodic inundation by water.

B. The boundary of the subdivision shall be designated by a blue border applied to the reverse side of the tracing and on the face of the blueline prints. Such blueline shall be one-sixteenth of an inch wide and shall be drawn on the exterior side of the boundary line. Such border shall not interfere with the legibility of figures or other data.

C. Streets and Other Rights-of-Way. The map shall show the bearings and dimensions and curve data of the center and side lines of all streets, the total width of all streets, the width of the portion being dedicated and the width of existing dedications, and the widths each side of the centerline, also the width of railroad rights-of-way, appearing on the map.

D. The map shall show the side lines of all easements to which the lots are subject. The easements must be clearly labeled and identified and, if already of record, its recorded reference given. If any easement is not definitely located of record, a statement of such easement must appear on the title sheet. Easements for storm drain, sewers and other purposes shall be denoted by fine dotted lines. Building lines shall be indicated by fine dotted lines. The width of the easement and the 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 referenced in the owner’s certificate of dedication.

E. City boundary lines crossing or bounding the subdivision shall be clearly designated and referenced.

F. Lot numbers shall begin with the number “1” in each block and shall be numbered in a clockwise direction from the upper left-hand corner. North shall be generally up on the map.

G. Block numbers shall begin with the number “1” continuing consecutively without omission or duplication throughout the subdivision. The numbers or letters shall be solid and of sufficient size and thickness to stand out, shall be so placed as not to obliterate any figure and shall not be enclosed in any design. Each block in its entirety shall be shown on one sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with centerline and property line data.

H. The map shall also show all other data that is or may be required by law.

I. The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes, all parcels offered for dedication for any purpose, public or private, with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication but not accepted shall be designated by letter. (Ord. 69, § IV; 1976 Code § 10-3.412; 1966 Code § 9036).

10.15.290 Certificates.

All certificates required by the Subdivision Map Act shall appear on the final map. (Ord. 69, § IV, Amended by Ord. 343, § 10; 1976 Code § 10-3.413; 1966 Code § 9037).

10.15.300 Certificate as to taxes and liens.

Prior to the filing of the final map with the governing body, the subdivider shall file with the clerk of the board of supervisors of the county in which any part of the subdivision is located, a certificate from the official computing redemptions in San Mateo County and the city, showing that, according to the records of his office, there are no liens against the subdivision or any part thereof for unpaid state, county, municipal, or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the clerk of the board of supervisors mentioned, a certificate by each proper officer giving his estimate of the amount of taxes and assessments which are a lien but which are not yet payable. (Ord. 69, § IV; 1976 Code § 10-3.414; 1966 Code § 9038).

10.15.310 Bond for taxes.

Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded until the owner or subdivider executes and files with the board of supervisors of the county, wherein any part of the subdivision is located, a good and sufficient security as that term is defined in the Subdivision Map Act. In lieu of a bond, a deposit may be made of money or negotiable bonds in the same amount, and of the kind approved for securing deposits of public money. (Ord. 69, § IV, Amended by Ord. 343, § 11; 1976 Code § 10-3.415; 1966 Code § 9039).

10.15.320 Approval by city engineer.

Upon receipt of the final map and other data submitted therewith by the planning commission, said map and data shall be referred to the city engineer who shall examine such to determine 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 the law and of this part applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the map is technically correct. If the city engineer determines that full conformity therewith has not been made, he shall advise the subdivider of the changes or additions that must be made for such purposes and shall afford the subdivider an opportunity to make such changes or additions. If the city engineer determines that full conformity therewith has been made, he shall so certify on said map and shall transmit said map to the planning commission. In the event a subdivision is partly in the city and partly outside the city, the county engineer and the city engineer shall enter into an agreement by and with the consent of their respective governing bodies, providing that the county engineer may perform the duties prescribed for the city engineer in this section or providing for an apportionment between them of said duties. The county engineer, when by such agreement all such duties devolve upon him, may after his performance thereof make the aforesaid certification upon said map, and when by such agreement said duties are apportioned between the county engineer and city engineer, it shall be sufficient if each shall after the performance thereof, make a certification on said map, touching the duties performed by each after which the map shall be transmitted to the planning commission. (Ord. 69, § IV; 1976 Code § 10-3.416; 1966 Code § 9050).

10.15.330 Approval of planning commission.

Upon return of the final map by the city engineer, the planning commission shall examine the same to determine whether said map conforms with all changes permitted and all requirements imposed as a condition to its acceptance. If the planning commission determines not to recommend said map, it shall advise the subdivider of the changes or additions that must be made for such purpose and shall accord him an opportunity to make same. If the planning commission thereupon determines that said map is in conformity therewith and determines to recommend said map, it shall transmit said map to the city clerk, together with any documents which may have been filed therewith for presentation to the city council. (Ord. 69, § IV; 1976 Code § 10-3.417; 1966 Code § 9051).

10.15.340 Approval by city council.

At its first regular meeting following the filing of said map with the city clerk as aforesaid, or within ten days following the filing thereof, the city council shall consider said map, the plan of subdivision and the offers of dedication. The city council may reject any or all offers of dedication. If the city council determines that said map is in conformity with the requirements of this chapter and that it is satisfied with the plan of subdivision, it shall approve said map. When the subdivider has filed with the city clerk the agreement and improvement security and security for taxes as defined in the Subdivision Map Act, respectively, and the same have been approved by the city attorney as to form and by the city manager as to sufficiency, and the same have been approved by the city council, the city clerk shall transmit the final map to the clerk of the board of supervisors for ultimate transmittal to the county recorder. If the city council disapproves the final map for any of the reasons set forth in the Subdivision Map Act, the council shall specify its reasons therefor and the city clerk shall in writing advise the subdivider of the disapproval and the reasons therefor. Within thirty days after the city council has disapproved any map, the subdivider may file with the planning commission a map altered to meet the approval of the city council. In such case the subdivider shall conform to all the requirements imposed upon him by this chapter when filing the first final map with the planning commission and the same proceedings shall be had thereon as are prescribed by this section upon the filing of the first final map with the planning commission. No map shall have any force or effect, until the same has been approved by the city council, and no title to any property described in any offer of dedication shall pass until the recordation of the final map. (Ord. 69, § IV, Amended by Ord. 343, §§ 12 and 13 and Ord. 698, § 1; 1976 Code § 10-3.418; 1966 Code § 9052).

10.15.350 Failure to record final map within time.

Any failure to record a final map within five months from the approval or conditional approval of said final map, or any extension thereof granted by resolution of the city council shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be submitted. (Ord. 281, § 1; 1976 Code § 10-3.419; 1966 Code § 9053).

Article V. Agreement and Bond for Improvements

10.15.360 Agreement for improvements.

Upon the approval by the city council of the final map, the subdivider shall execute and file an agreement between himself and the city specifying the period within which he shall complete all improvement work to the satisfaction of the city engineer, and providing that if he fails to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the city engineer and reimbursement of the city engineer and reimbursement of the city by the subdivider for the cost of such inspection. Such agreement may also provide (a) for the construction of the improvements in units; (b) for an extension of time under conditions therein specified; (c) for the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the city engineer to be at least the equivalent of the improvements specified in said agreement and required to be constructed by the subdivider; and (d) for progress payments to the subdivider, or his order, from any deposit money which the subdivider may have made in lieu of providing a surety bond, as provided by the next succeeding section; provided, however, that no such progress payment shall be made for more than ninety percent of the value of any installment of work and provided that each such installment of work shall be completed to the satisfaction of the city engineer. (Ord. 69, § IV; 1976 Code § 10-3.501; 1966 Code § 9060).

10.15.370 Faithful performance bond.

The subdivider shall also file with the aforesaid agreement, to assure his full and faithful performance thereof, a security as defined in the Subdivision Map Act for such sum as is by the city engineer deemed sufficient to cover the cost of said improvements, engineering, inspection and incidental expenses. Such security as defined in the Subdivision Map Act shall be executed by a surety company authorized to transact a surety business in the state and must be satisfactory to and be approved by the city attorney as to form and by the city manager or administrator or engineer as to sufficiency. In lieu of said security as defined in the Subdivision Map Act, the subdivider may deposit with the city’s director of finance cash money in an amount fixed as aforesaid by the city engineer. (Ord. 69, § IV, Amended by Ord. 343, § 14 and Ord. 730, § 1(I); 1976 Code § 10-3.502; 1966 Code § 9061).

10.15.380 Failure to complete improvements.

In the event the subdivider fails to complete all improvement work in accordance with the provisions of this chapter and the city has completed same, or if the subdivider fails to reimburse the city for the cost of inspection, engineering and incidental expenses, the city shall call on the surety for reimbursement, or shall appropriate from any cash deposits funds for reimbursement. In any such case, if the amount of the security as defined in the Subdivision Map Act or cash deposit exceeds all cost and expense incurred by the city, it shall release the remainder of such security as defined in the Subdivision Map Act or cash deposit, and if the amount of the security as defined in the Subdivision Map Act or cash deposit shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference. (Ord. 69, § IV, Amended by Ord. 343, § 14; 1976 Code § 10-3.503; 1966 Code § 9062).

10.15.390 Certificate as to completion.

No extension of time, progress payments from cash deposits, or releases of security as defined in the Subdivision Map Act or cash deposit shall be made, except upon certification by the city engineer that work covered thereby has been satisfactorily completed and upon recommendation of the mayor and approval of the city council. (Ord. 69, § IV, Amended by Ord. 343, § 14; 1976 Code § 10-3.504; 1966 Code § 9063).

Article VI. General Regulations and Design

10.15.400 Streets and highways.

A. The street and highway design shall conform both in width and alignment to any master plan of streets and highways approved by the city council, and right-of-way for any such street or highway indicated on said master plan shall be dedicated.

B. The street and highway design shall conform to any proceedings affecting the subdivision, which may have been initiated by the city council, or approved by said council, upon initiation by other legally constituted bodies of the city, county or state. If a parcel of land to be subdivided includes a portion of the right-of-way to be acquired for a public freeway or parkway, and the city council determines the boundaries of the right-of-way to be acquired, the subdivider shall either dedicate or withhold from subdivision all the area included in said right-of-way. (Ord. 69, § V; 1976 Code § 10-3.601; 1966 Code § 9070).

10.15.410 General design conditions.

A. All streets shall, as far as practicable, be in alignment with existing adjacent streets by continuations of the centerlines thereof or by adjustments by curves and shall be in general conformity with the plans of the planning commission for the most advantageous development of the area in which the subdivision lies.

B. Streets shall be required to intersect one another at an angle as near to a right angle as is practicable in each specific case.

C. Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the property and the resulting dead-end streets may be approved without a turnaround. In all other cases, a turnaround having a minimum radius of forty feet shall be required.

D. Intersection Corner Rounding. Whenever a major street or state highway intersects any other street or highway, the property lines at each block corner shall be rounded with a curve having a radius of not less than thirty feet. On all other street intersections, the property line at each block corner shall be rounded with a curve having a radius of not less than twenty feet. In either case, a greater curve radius may be required if streets intersect other than at right angles.

E. Curve Radius. The centerline curve radius on all streets and highways shall conform to accepted engineering standards of design and shall be subject to approval by the city engineer.

F. Grades of Streets and Highways. No street or highway shall have a grade of more than twelve percent, unless, because of topographical conditions or other exceptional conditions, the city engineer determines that a grade in excess of twelve percent is necessary.

G. Reserved strips controlling the access to public ways or minimizing values for special improvement assessments will not be approved, unless such strips are necessary for the protection of the public welfare or of substantial property rights, or both, and in no case unless the control and disposal of the land comprising such strips is placed definitely within the jurisdiction of the city under conditions approved by the planning commission. (Ord. 69, § V; 1976 Code § 10-3.602; 1966 Code § 9071).

10.15.420 Street and highway widths.

Streets and highways not shown on any master street and highway plan, or not affected by proceedings initiated by the city council or approved by the city council upon initiation by other legally constituted governmental bodies, shall not be of less width than those set forth under this chapter, except where it can be shown by the subdivider, to the satisfaction of the planning commission, that the topography of the small number of lots served and the probable future traffic development are such as to unquestionably justify a narrower width. Increased widths may be required where streets are to serve commercial property, or where probable traffic conditions warrant such. Approval or determination of street or highway classification shall be made by the planning commission.

A. Major streets or highways, minimum right-of-way: eighty-six feet in commercial areas and eighty feet in residential areas;

B. Secondary streets or highways, minimum right-of-way: sixty feet. The planning commission may require up to eighty feet where street may become a major street at some future date;

C. Local streets, minimum right-of-way: fifty feet;

D. Cul-de-sac streets and service roads when not over three hundred fifty feet in length, minimum right-of-way of fifty feet. (Ord. 69, § V; 1976 Code § 10-3.603; 1966 Code § 9072).

10.15.430 Service roads and off-street parking.

When the front of any lots proposed for commercial usage front on any major or secondary street or highway, the subdivider shall be required to dedicate and improve a service road to provide ingress to or egress from such lots or, in lieu thereof, if approved by the planning commission, the subdivider may dedicate for public use and improve an area approved by the planning commission and adjacent to such lots, for off-street parking purposes. When the front of any lots proposed for residential usage front on any freeway, state highway or parkway, the subdivider shall dedicate and improve a service road at the front of such lots, unless such is already existent as a part of such freeway or parkway. In addition to any requirement for a service road, the planning commission may require adequate off-street parking area for all lots proposed for commercial usage. (Ord. 69, § V; 1976 Code § 10-3.604; 1966 Code § 9073).

10.15.440 Nonaccess and planting strips.

When the rear of any lots border any major or secondary street, highway or parkway, the subdivider may be required to execute and deliver to the city an instrument, deemed sufficient by the city attorney, prohibiting the right of ingress to and egress from the rear of such lots across the side lines of such streets or highways. When the rear of any lots border any freeway, state highway or parkway, the subdivider may be required to dedicate and improve a planting strip adjacent to such parkway or freeway. (Ord. 69, § V; 1976 Code § 10-3.605; 1966 Code § 9074).

10.15.450 Alleys.

When any lots are proposed for commercial or industrial usage, alleys at least thirty feet in width may be required at the rear thereof with adequate ingress and egress for truck traffic. (Ord. 69, § V; 1976 Code § 10-3.606; 1966 Code § 9075).

10.15.460 Street names.

All street names shall be as approved by the planning commission. (Ord. 69, § V; 1976 Code § 10-3.607; 1966 Code § 9076).

10.15.470 Acre or large lot subdivisions.

Where a parcel is subdivided into lots of one acre or more, the planning commission may require that the blocks be of such size and shape, and be so divided into lots, as to provide for the extension and opening of streets and alleys at such intervals as will permit a subsequent division of any parcel into lots of normal size. (Ord. 69, § V; 1976 Code § 10-3.608; 1966 Code § 9078).

10.15.480 Easements.

A. The subdivider shall grant easements not less than five feet in width for public utility, sanitary sewer and drainage purposes on each side of rear lot lines, along side lot lines, and in planting strips wherever necessary, provided easements of lesser width may be allowed when at the determination of the city engineer the purposes of easements may be accomplished by easements of lesser width; and provided further, that in such determination the city engineer shall prescribe the width of such easements. Easements for overhead wire lines shall be provided at the rear of all lots except where alleys are available, and in contiguous locations to permit of anchorage, line continuity, ingress and egress. Dedication of easements shall be to the city for the purpose of installing utilities, plantings, strips and for other public purposes as may be ordered or directed by the city council.

B. As an alternative to providing the minimum required lot frontage along a dedicated street, road, or highway, the subdivider, at the city’s sole discretion, shall create an easement of not less than twenty-five feet in width and not more than one hundred twenty-five feet in length from a lot to a dedicated street, road, or highway. (Ord. 69, § V, Amended by Ord. 691, § 3; 1976 Code § 10-3.609; 1966 Code § 9079).

10.15.490 Lots.

A. The size and shape of lots shall be in conformance to any zoning regulations effective in the area of the proposed subdivision and shall not be less than fifty feet in width, nor less than five thousand square feet in area, nor less than eighty feet in depth; provided, that for corner lots the width shall not be less than sixty feet, nor less than six thousand square feet in area. The planning commission may recommend the granting of exceptions to this provision, where lots are to be used for commercial or industrial purposes, or where there are unusual topographic conditions, curved or cul-de-sac streets or other special conditions.

B. The side lines of all lots, so far as possible, shall be at right angles to the street which the lot faces, or radial or approximately radial if the street is curved.

C. Building setback lines shall be indicated by dotted lines on the subdivision map, as required by the planning commission.

D. Divided Lots. No lots shall be divided by a city boundary line.

E. Lots without frontage on a dedicated street, road or highway will not be permitted and such street frontage shall not be less than thirty-five feet.

F. Lots, other than corner lots, may front on more than one street where necessitated by topographic or other unusual conditions. (Ord. 69, § V, Amended by Ord. 250, § 1; 1976 Code § 10-3.610; 1966 Code § 9080).

10.15.500 Walkways.

The subdivider may be required to dedicate and improve walkways across long blocks or to provide access to school, park, or other public areas. (Ord. 69, § V; 1976 Code § 10-3.611; 1966 Code § 9081).

10.15.510 Watercourses.

The subdivider shall, subject to riparian rights, dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural watercourse or channel, stream or creek that traverses the subdivision, or at the option of the subdivider provide by dedication further and sufficient easements or construction, or both, to dispose of such surface and storm waters. (Ord. 69, § V; 1976 Code § 10-3.612; 1966 Code § 9082).

10.15.520 Master plan.

In all respects, the subdivision will be considered in relation to the master plan of the city, or any part thereof, or preliminary plans made in anticipation thereof. (Ord. 69, § V; 1976 Code § 10-3.613; 1966 Code § 9083).

10.15.530 Deed restrictions.

A copy of the deed restrictions applicable to the subdivision shall be filed with the planning commission at the time of filing final map. (Ord. 69, § V; 1976 Code § 10-3.614; 1966 Code § 9084).

10.15.540 Land subject to inundation.

If any portion of any land, within the boundaries shown on any such final map, is subject to overflow, inundation or flood hazard by storm waters, such fact and said portion shall be clearly shown on such final map enclosed in a border on each sheet of said map. (Ord. 69, § V; 1976 Code § 10-3.615; 1966 Code § 9085).

Article VII. Improvements and Bonds

10.15.550 Standard and approval.

A. All improvements hereinafter mentioned shall conform to those required in the “Standard Subdivision Improvement Specifications” prepared by the city engineer, recommended by the planning commission, and adopted by the city council, copies of which are on file in the office of the planning commission and the city engineer.

B. Improvement work shall not be commenced until plans and profiles for such work have been submitted to and approved by the city engineer. Such plans may be required before approval of the final map. All such plans and profiles shall be prepared on tracing cloth in accordance with requirements of the city engineer.

C. All required improvements shall be constructed under the inspection of and to approval of the city engineer. Cost of inspection shall be paid by the subdivider.

D. All underground utilities, sanitary sewers, and storm drains installed in streets, service roads, alleys or highways shall be constructed prior to the surfacing of such street, service roads, alleys or highways. Service connections for all underground utilities and sanitary sewers shall be placed to such length as will obviate the necessity for disturbing the street or alley improvements when service connections thereto are made. (Ord. 69, § VI; 1976 Code § 10-3.701; 1966 Code § 9087).

10.15.560 General requirements.

The subdivider shall install improvements in accordance with the general requirements set forth in this section.

A. Streets and Highways. All streets and highways shall be graded and paved to cross-sections and grades approved by the city engineer. The subdivider shall improve the extension of all subdivision streets, highways, or public ways to the intercepting paving line of any county road, city streets, or state highway.

B. Structures. Structures shall be installed, as deemed necessary by the city engineer, for drainage, access and public safety. Such structures shall be placed to grades and be of a design approved by the city engineer.

C. Curbs, Gutters and Sidewalks. Curbs, gutters and sidewalks shall be installed to grades, cross-section, layout and location approved by the city engineer.

D. Sewers. Sanitary sewer facilities connecting with the existing city sewer system shall be installed to serve each lot and to grades, locations, design and sizes approved by the city engineer. No septic tanks or cesspools will be permitted. Storm water sewers shall be installed of sufficient extent and capacity to adequately drain the area under normal conditions, subject to the approval of the city engineer.

E. Water. Water mains, fire hydrants, valves, services and appurtenances of the design and in the layout and at the location approved by the city engineer, connecting to the municipal water system of the city shall be installed at the subdividers’ own cost and expense and otherwise in accordance with policies adopted by the city council of the city in connection with water system extensions to real property subdivisions.

F. Street Trees. Street trees may be required by the planning commission and, if so, shall be of a type approved by the park commission, and planted in locations approved by said commission.

G. Railroad Crossings. Provision shall be made for any and all railroad crossings necessary to provide access to or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the California State Public Utilities Commission for the establishment and improvement of such crossing. The cost of such railroad crossing improvement shall be borne by the subdivider.

H. Street signs shall be installed in accordance with city standard.

I. Electroliers shall be installed as required by city engineer. (Ord. 69, § VI, Amended by Ord. 132, § 1; 1976 Code § 10-3.702; 1966 Code § 9088).

10.15.570 Monuments.

A. Permanent iron pipe monuments of a type approved by the city engineer shall be set at each boundary corner of the subdivision, along exterior boundaries at intervals of not over five hundred feet, at the beginning and end of property line curves, and at points as may be required by the city engineer.

B. Iron pipe monuments, depressed below street grade with cast iron ring and cover of a type approved by the city engineer shall be set at intersections of street centerline tangents or offsets therefrom, and where such intersect on private property, at the beginning and end of the centerline curve and offsets therefrom. The exact location of all such monuments shall be shown on the final map before approval is requested.

C. Permanent elevation benchmarks, of a type approved by the city engineer and referred to the city datum, shall be set at such street intersections in the curb return or other locations, as requested by the city engineer.

D. Any monument or benchmark, as required by this chapter which is disturbed or destroyed before acceptance of all improvements, shall be replaced by the subdivider.

E. Complete field notes, in a form satisfactory to the city engineer, showing references, ties, locations, elevations and other necessary data relating to monuments and benchmarks set in accordance with the requirements of this chapter, shall be submitted to the city engineer to be retained by the city as a permanent record.

F. Monuments and benchmarks shall be set before submission of the final map for city council approval, unless exception is recommended by the city engineer and approved by the city council. (Ord. 69, § VI; 1976 Code § 10-3.703; 1966 Code § 9089).

Article VIII. Exceptions

10.15.580 Application for exceptions.

The planning commission may recommend that the city council authorize conditional exceptions to any of the requirements and regulations set forth in this chapter. Application for any such exception shall be made by a certified petition of the subdivider stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission shall find the following facts with respect thereto:

A. That there are special circumstances or conditions affecting said property;

B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which said property is situated. (Ord. 69, § VII; 1976 Code § 10-3.801; 1966 Code § 9090).

10.15.590 Planning commission action on exceptions.

A. In recommending such exceptions, the planning commission shall secure substantially the objectives of the regulations to which the exceptions are granted, as to light, air, and the public health, safety, convenience and general welfare.

B. In recommending the authorization of any exception under the provisions of this section, the planning commission shall report to the city council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designated. (Ord. 69, § VII; 1976 Code § 10-3.802; 1966 Code § 9091).

10.15.600 City council action.

Upon receipt of such report, the city council may by resolution authorize the planning commission to approve the tentative map with the exceptions and conditions the city council deems necessary to substantially secure the objectives of this chapter. (Ord. 69, § VII; 1976 Code § 10-3.803; 1966 Code § 9092).

Article IX. Appeals

10.15.610 Who may appeal – Notice.

A. The subdivider or any other resident of the city may file an appeal to the city council from any decision, determination or requirement of the planning commission or the city engineer by filing a notice thereof in writing with the city clerk within ten days after such decision or determination or requirement is made. Such notice shall set forth in detail the action and the ground by which and upon which the appellant deems himself aggrieved. Said notice shall also specify the sections of the subdivision regulations which have been allegedly violated by the planning commission action with respect to said subdivision.

B. In addition to the foregoing and within ten days after the decision, determination or requirement of the planning commission, the city council, upon the request of any councilman, may order a review of the action of the planning commission or city engineer with relation to any matters relating to the subdivision of the property. (Ord. 69, § VIII, Amended by Ord. 250, § 2; 1976 Code § 10-3.901; 1966 Code § 9095).

10.15.620 Report.

The city clerk shall report the filing of such notice to the planning commission and city engineer. A written report shall be submitted to the city council by the party whose decision, determination or requirement is upon appeal. (Ord. 69, § VIII; 1976 Code § 10-3.902; 1966 Code § 9096).

10.15.630 Action on appeal.

The city council at its next regular meeting following the filing of said appeal, or within ten days following the filing thereof, shall set said appeal for hearing to be held within ten days thereafter, and such hearing may for good cause be continued by order of the city council. Upon the hearing of said appeal the city council may overrule or modify the decision, determination or requirement appealed from and enter any such order or orders as are in harmony with the spirit and purpose of this chapter and such disposition of the appeal shall be final. (Ord. 69, § VIII; 1976 Code § 10-3.903; 1966 Code § 9097).

Chapter 10.15LAND SUBDIVISIONS

10.15.010 Definitions.