Article 5 Subdivisions

The provisions of this Article constitute the City of South Pasadena Subdivision Ordinance. These provisions are intended to supplement, implement, and work with the Subdivision Map Act, Sections 66410 et seq. of the California Government Code (hereafter referred to as the “Map Act”). This Article is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions.

(Ord. No. 2108 § 1.)

36.500.020 Authority.

This Article is adopted in compliance with the Map Act as a “local ordinance,” as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated in this Article shall, nevertheless, apply to all subdivision maps and proceedings under this Article.

(Ord. No. 2108 § 1.)

36.500.030 Applicability.

A. Subdivision approval required. All subdivisions within the City shall be authorized through the approval of a map or other entitlement in compliance with this Division.

B. Conflicts with Map Act. In the event of any conflicts between the provisions of this Division and the Map Act, the Map Act shall control.

C. Compliance with other regulations required. The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize an exception or deviation from any zoning regulation in this Zoning Code, or as an approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City.

(Ord. No. 2108 § 1.)

36.500.040 Responsibility for Administration.

The Director and City Engineer are authorized and directed to administer and enforce the provisions of this Article and applicable provisions of the Map Act for subdivisions within the City, except as otherwise provided by this Article.

(Ord. No. 2108 § 1.)

36.500.050 Advisory Agency.

A. Advisory agency established. The advisory agency for subdivision review shall be the Planning Commission.

B. Authority and duties. The advisory agency shall perform the following duties, and as further detailed in Section 36.500.060 (Authority for Subdivision Decisions).

1. Approve, conditionally approve, or disapprove all Tentative Maps;

2. Recommend to the Council the approval, conditional approval, or disapproval of requests for modification of the City’s design and improvement standards;

3. Recommend modifications of the requirements of this Article;

4. Review and make recommendations concerning proposed subdivisions in adjacent cities, and in the unincorporated areas of Los Angeles County in compliance with the provisions of the Map Act when the advisory agency has elected to do so;

5. Perform additional duties and exercise additional authorities as prescribed by law and by this Article.

(Ord. No. 2108 § 1.)

36.500.060 Authority for Subdivision Decisions.

Table 5-1 (Authority for Subdivision Decisions) identifies the City official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this Article.

TABLE 5-1. AUTHORITY FOR SUBDIVISION DECISIONS
Type of Subdivision Application or Decision	Role of Review Authority (1)
Type of Subdivision Application or Decision	Planning Director	Director of Public Works	Planning Commission	City Council
Certificates of Compliance	Recommend	Decision		Appeal
Conditional Certificates of Compliance	Recommend	Decision		Appeal
Final Maps		Recommend		Decision
Lot Line Adjustments	Decision	Recommend		Appeal
Mergers	Decision	Recommend		Appeal
Tentative Maps	Recommend		Decision	Appeal
Tentative Map Time Extensions	Recommend		Decision	Appeal
Parcel Maps	Recommend	Decision
Notes: (1) “Recommend” means that the review authority makes a recommendation on the approval or disapproval of the request to a higher decision-making body; “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Division 36.610 (Appeals).

(Ord. No. 2108 § 1.)

36.500.070 Type of Subdivision Approval Required.

Any subdivision of an existing parcel into two or more parcels shall require approval by the City in compliance with the provisions of this Article. In general, the procedure for subdivision first requires the approval of a Tentative Map, and then the approval of a Parcel Map (for four or fewer parcels) or a Final Map (for five or more parcels) to complete the subdivision process. The Tentative Map review process is used to evaluate the compliance of the proposed subdivision with the adopted City standards, and the appropriateness of the proposed subdivision design. Parcel and Final Maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.

A. Tentative Map requirements. Map Act Section 66426 requires that any subdivision or resubdivision of land shall require the filing and approval of a Tentative Map.

B. Parcel and Final Map requirements. A Parcel or Final Map shall be required as follows:

1. Parcel Map. The filing and approval of a Parcel Map (Division 36.520) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Map Act Article 2, Chapter 1, except for the following subdivisions:

a. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the Director determines based on substantial evidence that public policy necessitates a Parcel Map in an individual case;

b. Rail right-of-way leases. Subdivisions of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, which are created by short-term leases (terminable by either party on not more than 30 days’ notice in writing); or

c. Waived Parcel Map. A subdivision that has been granted a waiver of Parcel Map requirements in compliance with Section 36.520.030 (Waiver of Parcel Map).

2. Final Map. The filing and approval of a Final Map (Division 36.520) shall be required for a subdivision of five or more parcels.

(Ord. No. 2108 § 1.)

36.500.080 Exemptions from Subdivision Approval Requirements.

As provided by Map Act Article 1, Chapter 1, the following subdivisions do not require the filing or approval of Tentative, Parcel or Final Maps.

A. Cellular antenna facilities. The leasing or licensing of a portion of a parcel, or the granting of an easement, Use Permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Public Utilities Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, including antenna support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other incidental equipment.

B. Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code.

C. Commercial/industrial financing or leases. The financing or leasing of:

1. Offices, stores or similar spaces within commercial or industrial buildings; existing separate commercial or industrial buildings on a single parcel; or

2. The financing or leasing of any parcel or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on the same site, if Article 2 of this Zoning Code (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) requires a Use Permit for the project.

D. Condominium conversions. The conversion of:

1. A community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of Map Act Sections 66412(g) or 66412(h), respectively; or

2. The conversion of certain mobile home parks to condominiums in compliance with Map Act Section 66428(b).

E. Lot Line Adjustments. A Lot Line Adjustment processed in compliance with Section 36.530.030.

F. Mineral leases. Mineral, oil or gas leases.

G. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way.

H. Rail right-of-way leases. Short-term leases (terminable by either party on not more than 30 days’ notice in writing) of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, unless the Director determines in an individual case, based on substantial evidence, that public policy necessitates the application of the subdivision regulations of this Article to the short-term lease.

I. Residential financing or leases. The financing or leasing of: apartments, or similar spaces within apartment buildings, mobile home parks or trailer parks; or “granny” units or residential second units in compliance with Government Code Sections 65852.1 or 65852.2, respectively.

J. Separate assessments. Any separate assessment under Section 3688.7 of the Revenue and Taxation Code.

(Ord. No. 2108 § 1.)

36.500.090 Applications Deemed Approved.

Any subdivision application deemed approved in compliance with Government Code Section 65956 or Map Act Article 2, Chapter 3 (Government Code Sections 66452 et seq.), shall be subject to all applicable provisions of this Article which shall be satisfied by the subdivider before any zoning approval or Building Permit is issued. Parcel or Final Maps filed for record after their Tentative Map is deemed approved shall remain subject to all the mandatory requirements of this Article and the Map Act, including Map Act Sections 66473, 66473.5 and 66474.

(Ord. No. 2108 § 1.)

36.500.100 Exceptions to Subdivision Standards.

An exception to any of the provisions of this Article may be requested by a subdivider in compliance with this Section. An exception shall not be used to waive or modify provisions of the Map Act, or any provision of this Article that is duplicated or paraphrased from the Map Act.

A. Application. An application for an exception shall be submitted on forms provided by the Department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

B. Filing and processing. A request for an exception may be filed with the Tentative Map application to which it applies, or after approval of the Tentative Map. An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request was filed at the same time. The approval of an exception shall not constitute approval of the Tentative Map and shall not extend the time limits for the expiration of the map established by Section 36.510.140 (Expiration of Approved Tentative Map).

C. Approval of exception. The Commission shall have the authority to approve or deny exception requests in compliance with this Section. The Commission shall not grant an exception unless all the following findings are first made:

1. There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings;

2. The exceptional or extraordinary circumstances or conditions are not due to any action of the subdivider subsequent to the enactment of this Article;

3. The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision;

4. Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

5. The exception will not affect the consistency of the proposed subdivision with the General Plan or any applicable Specific Plan.

D. Conditions of approval. In granting an exception, the Commission shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.

(Ord. No. 2108 § 1.)

Division 36.510. Tentative Map Filing and Processing

Sections:

36.510.010 Purpose of Division.

36.510.020 Tentative Map Preparation, Application Contents.

36.510.030 Tentative Map Filing, Initial Processing.

36.510.040 Evaluation of Application.

36.510.050 Review and Decision.

36.510.060 Tentative Map Public Hearings.

36.510.070 Tentative Map Approval or Disapproval.

36.510.080 Conditions of Approval.

36.510.090 Effective Date of Tentative Map Approval.

36.510.100 Changes to Approved Tentative Map or Conditions.

36.510.110 Completion of Subdivision Process.

36.510.120 Vesting Tentative Maps.

36.510.130 Tentative Map Time Limits.

36.510.140 Expiration of Approved Tentative Map.

36.510.150 Extensions of Time for Tentative Maps.

36.510.010 Purpose of Division.

This Division establishes requirements for the preparation, filing, approval or disapproval of Tentative Maps, consistent with the requirements of the Map Act.

(Ord. No. 2108 § 1.)

36.510.020 Tentative Map Preparation, Application Contents.

Tentative Map submittal shall include the application forms, and all information and other materials prepared as required by the Department and the City Engineer.

(Ord. No. 2108 § 1.)

36.510.030 Tentative Map Filing, Initial Processing.

A. General filing and processing requirements. Tentative Map applications shall be submitted to the Department for processing, be reviewed for completeness and accuracy, referred to affected agencies, reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable, and evaluated in a staff report in compliance with Division 36.400 (Application Filing and Processing).

B. Referral to affected agencies. In addition to the procedures outlined in Division 36.400 (Application Filing and Processing), a Tentative Map application shall be referred to the agencies outlined in this Subsection as required by the Map Act, as well as any other City department, County, State or Federal agency, or other individual or group that the Director believes may be affected by the subdivision, or may have information useful to the City about issues raised by the proposed subdivision.

1. Time limits for referrals. As required by Map Act Sections 66453 through 66455.7, referral shall occur within five days of the Tentative Map application being determined to be complete in compliance with Section 36.400.060 (Application Review—Completeness Review) of this Zoning Code. An agency wishing to respond to a referral shall provide the Department with its recommendations within 15 days after receiving the Tentative Map application.

2. Required referrals. The Director shall refer Tentative Map applications for review and comment to each of the following agencies, which will be expected to provide service to the proposed subdivision.

a. City departments.

b. County agencies.

c. Other cities and local agencies.

d. Public utilities.

e. State agencies.

f. Time limits for referrals.

(Ord. No. 2108 § 1.)

36.510.040 Evaluation of Application.

After completion of the initial processing and the application being deemed complete in compliance with Section 36.400.060 of this Zoning Code, the Director shall:

A. Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Zoning Code, the General Plan, any applicable Specific Plan, and the Map Act;

B. Determine the extent to which the proposed subdivision complies with the findings in Section 36.510.070 (Tentative Map Approval or Disapproval); and

C. Prepare a staff report to the review authority in compliance with Section 36.510.060 (Tentative Map Public Hearings), describing the conclusions of the evaluations of the map, and recommending to the review authority the approval, conditional approval, or denial of the Tentative Map.

(Ord. No. 2108 § 1.)

36.510.050 Review and Decision.

After review of a Tentative Map in compliance with Section 36.510.040 the Commission shall:

A. Conduct a public hearing on a proposed Tentative Map in compliance with Section 36.510.060 (Tentative Map Public Hearings), and consider the recommendations of the Director, any agency comments on the map, and any public testimony; and

B. Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Zoning Code, the General Plan, any Specific Plan, and the Map Act. The review authority’s evaluation shall be based on the staff report, information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received; and

C. Within 30 days after the filing of the report and recommendation of the Director with the review authority, approve, conditionally approve or deny the Tentative Map.

Approval or conditional approval of a Tentative Map shall be granted only after the Commission has first made all findings required by Section 36.510.070 (Tentative Map Approval or Disapproval). The Commission may impose conditions of approval in compliance with Section 36.510.080 (Conditions of Approval).

(Ord. No. 2108 § 1.)

36.510.060 Tentative Map Public Hearings.

When a public hearing is required by this Zoning Code for a Tentative Map, the hearing shall be scheduled and conducted in compliance with this Section, with public notice being provided in compliance with Division 36.630 (Public Hearings) of this Zoning Code.

A. Scheduling of hearing, action. A public hearing on a Tentative Map shall be scheduled, and action shall be taken, within 50 days after the Tentative Map application has been deemed complete.

B. Distribution of staff report. The staff report on the Tentative Map shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Section 36.530.020)) at least three days before any hearing or action on the Tentative Map by the Commission.

(Ord. No. 2108 § 1.)

36.510.070 Tentative Map Approval or Disapproval.

In order to approve a Tentative Map and conditions of approval, or to disapprove a Tentative Map, the Commission shall first make the findings required by this Section. In determining whether to approve a Tentative Map, the City shall apply only those ordinances, policies, and standards in effect at the date the Department determined that the application was complete in compliance with Section 36.510.030 (Tentative Map Filing, Initial Processing), except where the City has initiated General Plan, Specific Plan or Zoning & Subdivision Ordinance changes, and provided public notice as required by Map Act Section 66474.2.

A. Required findings for approval. The Commission may approve a Tentative Map only when it shall first find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, and any applicable Specific Plan, and that none of the findings for denial in Subsection C. can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6.

B. Supplemental findings. In addition to the findings required for approval of a Tentative Map by Subsection A. above, the Commission shall not approve a Tentative Map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.

1. Construction of improvements. It is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of road improvements within a specified time after recordation of the Parcel Map, where road improvements are required.

2. Condominiums. Any applicable findings required by Section 36.530.020 for condominium conversions.

3. Dedications or exactions. Findings documenting the need for dedications or exactions, if dedications or exactions are required.

4. Waiver of Parcel Map. The findings required by Section 36.520.030 (Waiver of Parcel Map), if waiver of a Parcel Map has been requested with the Tentative Map application.

C. Findings requiring denial. A Tentative Map shall be denied if the Commission makes any of the following findings:

1. The proposed subdivision including design and improvements is not consistent with the General Plan or any applicable Specific Plan;

2. The site is not physically suitable for the type or proposed density of development;

3. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or injure fish or wildlife or their habitat;

4. The design of the subdivision or type of improvements is likely to cause serious public health or safety problems;

5. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. This finding may not be made if the Commission finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision;

6. The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board;

7. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has failed to provide sufficient information to the satisfaction of the City Engineer or the Commission that the conditions can be corrected in the plan for the development; or

8. The proposed subdivision is not consistent with all applicable provisions of this Zoning Code, any other applicable provisions of the Municipal Code, and the Subdivision Map Act.

(Ord. No. 2108 § 1.)

36.510.080 Conditions of Approval.

Along with the approval of a Tentative Map, the adoption of conditions of approval shall occur in compliance with this Section, provided that all conditions shall be consistent with the requirements of the Map Act.

A. Mandatory conditions. The Commission shall adopt conditions of approval that will:

1. Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal, and public utilities providing electric, gas and communications services, as may be required to properly serve the subdivision. Easements for public utilities shall be limited to those needed to provide service to present and future development;

2. Mitigate or eliminate environmental problems identified through the environmental review process, except where a Statement of Overriding Consideration has been adopted in compliance with CEQA;

3. Carry out the specific requirements of Division 36.540 (Subdivision Design and Improvement Requirements);

4. Secure compliance with the requirements of this Zoning Code and the General Plan; and

5. Require that any designated remainder parcels not be subsequently sold or further subdivided unless a certificate or conditional certificate of compliance (Section 36.530.050) is obtained in compliance with this Zoning Code.

6. Require the dedication of additional land for bicycle paths, local transit facilities, (including bus turnouts, benches, shelters, etc.), sunlight easements, and school sites, in compliance with Map Act Chapter 4, Article 3, where required by the General Plan;

B. Optional conditions. The Commission may also require as conditions of approval:

1. The waiver of direct access rights to any existing or proposed streets;

2. The reservation of sites for public facilities, including schools, and fire stations, libraries, and other public uses in compliance with Map Act Chapter 4, Article 4;

3. Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; or

4. Any other conditions deemed necessary by the review authority to achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or to achieve consistency with City ordinances or state law.

(Ord. No. 2108 § 1.)

36.510.090 Effective Date of Tentative Map Approval.

The approval of a Tentative Map shall become effective for the purposes of filing a Parcel or Final Map, including compliance with conditions of approval, immediately after the adoption of the resolution of decision by the Council.

(Ord. No. 2108 § 1.)

36.510.100 Changes to Approved Tentative Map or Conditions.

A subdivider may request changes to an approved Tentative Map or its conditions of approval before recordation of a Parcel or Final Map in compliance with this Section. Changes to a Parcel or Final Map after recordation are subject to Section 36.520.130 (Amendments to Recorded Maps).

A. Limitation on allowed changes. Changes to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by Subsection D. of this Section. Other changes shall require the filing and processing of a new Tentative Map.

B. Application for changes. The subdivider shall file an application and filing fee with the Department, using the forms furnished by the Department, together with the following additional information:

1. A statement identifying the Tentative Map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and

2. Any additional information deemed appropriate by the Department.

C. Processing. Proposed changes to a Tentative Map or conditions of approval shall be processed in the same manner as the original Tentative Map, except as otherwise provided by this Section.

D. Findings for approval. The Commission shall not modify the approved Tentative Map or conditions of approval unless it shall first find that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by Sections 36.510.070.A and B. can still be made:

1. There was a material mistake of fact in the deliberations leading to the original approval;

2. There has been a change of circumstances related to the original approval; and

3. A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this Zoning Code.

E. Effect of changes on time limits. Approved changes to a Tentative Map or conditions of approval shall not be considered as approval of a new Tentative Map, and shall not extend the time limits provided by Section 36.510.140 (Expiration of Approved Tentative Map).

(Ord. No. 2108 § 1.)

36.510.110 Completion of Subdivision Process.

A. Compliance with conditions, improvement plans. After approval of a Tentative Map pursuant to this Division, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file and receive approval of improvement plans in compliance with Division 36.540 (Subdivision Design and Improvement Requirements), before constructing any required improvements.

B. Parcel or Final Map preparation, filing and recordation.

1. A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded in compliance with Division 36.520 (Parcel Maps and Final Maps), to complete the subdivision, unless a Parcel Map has been waived in compliance with Section 36.520.030 (Waiver of Parcel Map).

2. A Final Map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Division 36.520 (Parcel Maps and Final Maps), to complete the subdivision.

(Ord. No. 2108 § 1.)

36.510.120 Vesting Tentative Maps.

This Section establishes procedures to implement the Vesting Tentative Map requirements of state law, Sections 66498.1 et seq. of the Map Act.

A. Applicability. Whenever this Zoning Code requires that a Tentative Map be filed, a Vesting Tentative Map may instead be filed, provided that the Vesting Tentative Map is prepared, filed and processed in compliance with this Section. A Vesting Tentative Map may be filed for either residential, commercial or industrial developments.

B. Procedures for processing a Vesting Tentative Map. A Vesting Tentative Map shall be filed in the same form, have the same contents and accompanying data and reports and, shall be processed in the same manner as set forth by this Division as a Tentative Map, except as follows.

1. Application content. The Vesting Tentative Map shall include the following information in addition to that required by Section 36.510.020 (Tentative Map Preparation, Application Contents):

a. Title. The Vesting Tentative Map shall be prepared with the words “Vesting Tentative Map” printed conspicuously on its face; and

b. Intended development. The Vesting Tentative Map application shall include accurately drawn, preliminary floor plans and architectural elevations for all buildings and structures intended to be constructed on the property after subdivision.

2. Findings for approval. The approval of a Vesting Tentative Map shall not be granted unless the Commission first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for Tentative Map approval by Section 36.510.070 (Tentative Map Approval or Disapproval).

C. Expiration of Vesting Tentative Map. An approved Vesting Tentative Map shall be subject to the same time limits for expiration as are established for Tentative Maps by Sections 36.510.130 et seq. (Tentative Map Time Limits).

D. Changes to approved map or conditions. The subdivider may apply for an amendment to the Vesting Tentative Map or conditions of approval at any time before the expiration of the Vesting Tentative Map. An amendment request shall be considered and processed through the same procedures as a new application, in compliance with this Section and pursuant to the provisions of the Subdivision Map Act Section 66498.2.

E. Development rights vested.

1. The approval of a Vesting Tentative Map shall confer a vested right to proceed with development of the subdivided lots in substantial compliance with the ordinances, policies and standards (excluding fees) as provided in Map Act Section 66498.1.

2. If Map Act Section 66474.2 is repealed, 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 map is approved or conditionally approved.

3. Subsequent land use permits, building permits, extensions of time or other entitlements filed on parcels created by the subdivision may be conditioned or denied only if the Commission determines that:

a. 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; or

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

4. Fees charged for building or land use permits, filed after the approval of a Vesting Tentative Map shall be as required at the time the subsequent permit applications are filed, including any related utility or development impact fees (e.g., sewer/water hookup fees, traffic mitigation fees, etc.). Application contents shall be as required by ordinance requirements in effect at the time the subsequent application is filed.

F. Duration of vested rights. The development rights vested by this Section shall expire if a Parcel Map or Final Map is not approved before the expiration of the Vesting Tentative Map in compliance with Sections 36.510.130 et seq. (Tentative Map Time Limits). If the Parcel or Final Map is approved and recorded, the development rights shall be vested for the following periods of time.

1. An initial time period of 24 months from the date of recordation of the Parcel or Final Map. Where several Final Maps are recorded on various phases of a project covered by a single Vesting Tentative Map, this initial time period shall begin for each phase when the Final Map for that phase is recorded.

2. The initial 24 months shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if processing exceeds 30 days from the date the application is accepted for processing as complete.

3. The subdivider may apply for a one-year extension at any time before the initial 24 months expires. Application for an extension shall be submitted to the Department and shall be accompanied by the required fee. The Council shall approve or deny any request for extension.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections F.1 and F.2 above, the vested rights shall continue until the expiration of the building permit, or any extension of that permit.

(Ord. No. 2108 § 1.)

36.510.130 Tentative Map Time Limits.

The processing of a Tentative Map shall be completed, and an approved Tentative Map shall be subject to the time limits for expiration and procedures for extension in compliance with Sections 36.510.130 through 36.510.140.

(Ord. No. 2108 § 1.)

36.510.140 Expiration of Approved Tentative Map.

An approved Tentative Map is valid for 24 months after its effective date (Section 36.510.090), except as otherwise provided by Map Act Sections 66452.6, 66452.11, 66452.13, or 66463.5. At the end of 24 months, the approval shall expire and become void unless:

A. A Parcel or Final Map, and related bonds and improvement agreements, have been filed with the City Engineer in compliance with Division 36.520 (Parcel Maps and Final Maps); or

B. An extension of time has been granted in compliance with Section 36.510.150.

Expiration of an approved Tentative Map or vesting Tentative Map shall terminate all proceedings. The application shall not be reactivated unless a new Tentative Map application is filed.

(Ord. No. 2108 § 1.)

36.510.150 Extensions of Time for Tentative Maps.

When a subdivider has not completed all Tentative Map conditions of approval and filed a Parcel or Final Map with the City within the time limits established by Section 36.510.130, time extensions may be granted in compliance with this Section. Extension requests shall be in writing and shall be filed with the Department on or before the date of expiration of the approval or previous extension, together with the required filing fee.

A. Tentative Maps and Vesting Tentative Maps. The Commission may grant extensions to the initial time limit up to a maximum total of three years, only after finding that:

1. There have been no changes to the provisions of the General Plan, any applicable Specific Plan or this Zoning Code applicable to the project since the approval of the Tentative Map;

2. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Zoning Code apply to the project; and

3. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project.

(Ord. No. 2108 § 1.)

Division 36.520. Parcel Maps and Final Maps

Sections:

36.520.010 Purpose of Division.

36.520.020 Parcel Maps.

36.520.030 Waiver of Parcel Map.

36.520.040 Parcel Map Form and Content.

36.520.050 Filing and Processing of Parcel Maps.

36.520.060 Parcel Map Approval.

36.520.070 Final Maps.

36.520.080 Final Map Form and Content.

36.520.090 Filing and Processing of Final Maps.

36.520.100 Final Map Approval.

36.520.110 Supplemental Information Sheets.

36.520.120 Recordation of Maps.

36.520.130 Amendments to Recorded Maps.

36.520.010 Purpose of Division.

This Division establishes requirements for the preparation, filing, approval and recordation of Parcel and Final Maps, consistent with the requirements of the Map Act.

(Ord. No. 2108 § 1.)

36.520.020 Parcel Maps.

As required by Sections 36.500.070 (Type of Subdivision Approval Required), and 36.510.110 (Completion of Subdivision Process), a Parcel Map shall be filed and approved to complete the subdivision process for a subdivision of four or fewer parcels, except when the requirement for a Parcel Map is waived as set forth in Section 36.520.030. A Parcel Map shall be prepared, filed and processed as set forth in Section 36.520.040, et seq.

(Ord. No. 2108 § 1.)

36.520.030 Waiver of Parcel Map.

A subdivider may request waiver of a Parcel Map, and the waiver may be granted, in compliance with the Map Act.

(Ord. No. 2108 § 1.)

36.520.040 Parcel Map Form and Content.

A Parcel Map shall be prepared by or under the direction of a qualified, registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Parcel Map submittal shall include the application forms, and all information and other materials prepared as required by the Department.

(Ord. No. 2108 § 1.)

36.520.050 Filing and Processing of Parcel Maps.

A. Filing with the City Engineer. The Parcel Map, together with all data, information and materials required by Section 36.510.020 shall be submitted to the City Engineer. The Parcel Map shall be considered submitted when it is complete and complies with all applicable provisions of this Zoning Code and the Map Act.

B. Review of Parcel Map. The City Engineer shall:

1. Determine whether all applicable provisions of this Zoning Code and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved Tentative Map; and

2. Obtain verification from the Department that the Parcel Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed.

If the Parcel Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the Parcel Map, together with all required data if the Tentative Map has not expired.

(Ord. No. 2108 § 1.)

36.520.060 Parcel Map Approval.

After determining that the Parcel Map is in compliance and is technically correct in compliance with Section 36.520.040, the Director shall forward the Parcel Map to the Planning Commission for approval. If a dedication or offer of dedication is required on the Parcel Map, the Director shall forward the Parcel Map to the Council for approval. After action by the Commission approving the Parcel Map, the map shall be transmitted by the City Engineer to the County Recorder for filing in compliance with Section 66450 of the Map Act.

(Ord. No. 2108 § 1.)

36.520.070 Final Maps.

As required by Section 36.500.070 (Type of Subdivision Approval Required), a Final Map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels. A Final Map shall be prepared, filed and processed as set forth in Section 36.520.080 et seq.

(Ord. No. 2108 § 1.)

36.520.080 Final Map Form and Content.

A Final Map shall be prepared by or under the direction of a qualified registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Final Map submittal shall include all information and other materials prepared as required by the Department. A Final Map submittal shall also include a digital copy of the Final Map, prepared using computer software and standards specified by the City Engineer.

(Ord. No. 2108 § 1.)

36.520.090 Filing and Processing of Final Maps.

A. Filing with City Engineer. The Final Map, together with all data, information and materials required by Section 36.520.080 shall be submitted to the City Engineer. The Final Map shall be considered submitted when it is complete and complies with all applicable provisions of this Zoning Code and the Map Act.

B. Review of Final Map. The City Engineer shall review the Final Map and all accompanying materials, and shall:

2. Obtain verification from the Department that the Final Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed.

If the Final Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes prior to Tentative Map expiration and resubmit the Parcel Map, together with all required data.

C. Multiple Final Maps. The subdivider may file multiple Final Maps on the approved Tentative Map if the subdivider either included a statement of intention with the Tentative Map or, if after the filing of the Tentative Map, the Director approved the request.

(Ord. No. 2108 § 1.)

36.520.100 Final Map Approval.

After determining that the Final Map is in compliance and is technically correct in compliance with Section 36.520.080, the City Engineer shall execute the City Engineer’s certificate on the map in compliance with Map Act Section 66442, and forward the Final Map to the Council for action, as follows.

A. Review and approval by Council. The Council shall approve or disapprove the Final Map at its next regular meeting after the City Clerk receives the map, or at its next regular meeting after the meeting at which it receives the map, unless that time limit is extended with the mutual consent of the City Engineer and the subdivider.

1. Criteria for approval. The Council shall approve the Final Map if it conforms to all the requirements of the Map Act, all provisions of this Zoning Code that were applicable at the time that the Tentative Map was approved, and is in substantial compliance with the approved Tentative Map.

2. Waiver of errors. The Council may approve a Final Map that fails to meet any of the requirements of this Zoning Code or the Map Act applicable at the time of approval of the Tentative Map, when the Council finds that the failure of the map is a technical or inadvertent error which, in the determination of the Council does not materially affect the validity of the map.

3. Approval by inaction. If the Council does not approve or disapprove the map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements and rulings, it shall be deemed approved, and the City Clerk shall certify its approval on the map.

B. Map with dedications. If a dedication or offer of dedication is required on the Final Map, the Council shall accept, accept subject to improvement, or reject with or without prejudice any or all offers of dedication, at the same time as it takes action to approve the Final Map. If the City Council rejects the offer of dedication, the offer shall remain open and may be accepted by the City Council at a later date pursuant to Section 66477.2 of the Map Act. Any termination of an offer of dedication shall be processed in compliance with Section 66477.2 of the Map Act and the street vacation procedure.

C. Map with incomplete improvements. If improvements required by this Zoning Code, conditions of approval or by law have not been completed at the time of approval of the Final Map, the Council shall require the subdivider to enter into an agreement with the City as specified in Map Act Section 66462, and Section 36.540.080 (Improvement Agreements and Security), as a condition precedent to the approval of the Final Map.

D. Transmittal to Recorder. After action by the Council, and after the required signatures and seals have been affixed, the City Clerk shall transmit the Final Map to County Recorder for filing, in compliance with Section 36.520.120 (Recordation of Maps).

(Ord. No. 2108 § 1.)

36.520.110 Supplemental Information Sheets.

In addition to the information required to be included in Parcel Maps and Final Maps (Sections 36.520.040 and 36.520.080, respectively), additional information may be required to be submitted and recorded simultaneously with a Final Map as required by this Section.

A. Preparation and form. The additional information required by this Section shall be presented in the form of additional map sheets, unless the Director determines that the type of information required would be more clearly and understandably presented in the form of a report or other document. The additional map sheet or sheets shall be prepared in the same manner and in substantially the same form as required for Parcel Maps by Section 36.520.040 (Parcel Map Form and Content).

B. Content of information sheets. Supplemental information sheets shall contain the following statements and information:

1. Title. A title sheet, including the number assigned to the accompanying Parcel or Final Map by the City Engineer, the words “Supplemental Information Sheet;”

2. Explanatory statement. A statement following the Title sheet that the supplemental information sheet is recorded along with the subject Parcel or Final Map, and that the additional information being recorded with the Parcel or Final Map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title of interest;

3. Location map. A location map, at a scale not to exceed one inch equals 2,000 feet. The map shall indicate the location of the subdivision within the City;

4. Soils or geologic hazards reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the name of the engineer making the report; and

5. Information required by conditions of approval. Any information required by the approval body to be included on the supplemental information sheet(s) because of its importance to potential successors in interest to the property, including any other easements or dedications.

(Ord. No. 2108 § 1.)

36.520.120 Recordation of Maps.

A. At the time of filing of a Parcel or Final Map with the County Recorder, the subdivider shall present to the County Recorder evidence that, at the time of filing the map, the parties consenting to the filing are all parties having vested fee interest in the property being subdivided and are parties required to sign the certificate described in Map Act Section 66445(e).

B. The County Recorder will review and act upon Parcel and Final Maps filed with that office as set forth in Article 6, Chapter 3 of the Map Act and other applicable provisions of state law.

(Ord. No. 2108 § 1.)

36.520.130 Amendments to Recorded Maps.

A recorded Parcel or Final Map shall be modified to correct errors in the recorded map or to change characteristics of the approved subdivision only as set forth in this Section.

A. Corrections. In the event that errors in a Parcel or Final Map are discovered after recordation, or that other corrections are necessary, the corrections may be accomplished by either the filing of a certificate of correction or an amending map, in compliance with Article 7, Chapter 3 of the Map Act. For the purposes of this Section, “errors” include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the Parcel or Final Map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the City Engineer that does not affect any property right, including but not limited to lot numbers, acreage, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed.

B. Changes to approved subdivision. In the event that a subdivider wishes to change the characteristics of an approved subdivision, including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with Section 36.540.080 (Improvement Agreements and Security), a new tentative and Parcel or Final Map shall be filed and approved as required by Section 36.500.070 (Type of Subdivision Approval Required).

(Ord. No. 2108 § 1.)

Division 36.530. Additional Subdivision Procedures

Sections:

36.530.010 Purpose of Division.

36.530.020 Condominiums and Condominium Conversions.

36.530.030 Lot Line Adjustments.

36.530.040 Parcel Mergers.

36.530.050 Certificates of Compliance.

36.530.010 Purpose of Division.

This Division establishes requirements for applications for the creation of a condominium or other common interest development (including a community apartment project, planned development or stock cooperative, as provided by California Civil Code Section 1351) simultaneously with the construction of a new structure, and the conversion of an existing structure to a condominium, consistent with the requirements of the Map Act.

(Ord. No. 2108 § 1.)

36.530.020 Condominiums and Condominium Conversions.

A. Condominiums. When a residential structure is proposed at the time of construction as a condominium or other common interest development, a Tentative Map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Division 36.510 (Tentative Map Filing and Processing). Division 36.520 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall also be filed.

B. Condominium Conversions. A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code.

1. Approvals required. A conversion shall require the approval of a Tentative Map, and Parcel or Final Map, except where a Parcel Map, or Tentative and Final Map are waived in compliance with Map Act Sections 66428(b) or 66428.1, for the conversion of a mobile home park. If a Parcel Map is waived, a Tentative Map shall still be required.

2. Application filing and processing. A Tentative Map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Division 36.510 (Tentative Map Filing and Processing), except as otherwise provided by the following provisions of this Section.

3. Application contents. Condominium conversion applications shall include the same information and materials as Tentative Map applications, except for conversions of residential projects, which shall also include the following information and materials.

a. Tentative Map. The Tentative Map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how division will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units.

b. Verification of stock cooperative vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10.

c. Relocation assistance program. A program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing.

d. Vacancy rate assessment. An assessment of the vacancy rate in multi-family housing within the City.

4. Staff report. The staff report on the Tentative Map for the condominium conversion (Section 36.530.020) shall be provided the subdivider and each tenant of the subject property at least three days before any hearing or action on the Tentative Map by the Commission or Council.

5. Public notice. The following notice shall be provided in addition to that required by Division 36.630 (Public Hearings):

a. Tenant notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the Department satisfactory proof that the notice was given; and

b. Public hearing notice. Notice of the public hearing(s) on the Tentative Map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.

6. Approval of conversion, required findings.

a. Time limit, stock cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within 120 days of the application being found complete in compliance with Section 36.400.060 (Application Review). The 120-day time limit may be extended by mutual consent of the subdivider and the City.

b. Conversion findings, residential projects. Approval of a tentative or Final Map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made.

7. Completion of conversion. The filing, approval and recordation of a Parcel Map or Final Map in compliance with Division 36.520 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a Parcel Map, or tentative and Final Map are waived for the conversion of a mobile home park in compliance with Map Act Section 66428(b).

(Ord. No. 2108 § 1.)

36.530.030 Lot Line Adjustments.

A. Applicability. As provided by Map Act Section 66412(d), the Lot Line Adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed.

1. For the purposes of this Division, an “adjacent parcel” is one that directly touches at least one of the other parcels involved in the adjustment.

2. Parcels combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this Division.

B. Lot Line Adjustment application and processing. A Lot Line Adjustment application shall be prepared, filed and processed as provided by this Section.

1. Application content. A Lot Line Adjustment application shall include all information and other materials required by the Department.

2. Processing. Lot Line Adjustment applications shall be submitted to the Department and shall be processed in compliance with the procedures specified by Division 36.400 (Application Filing and Processing) of this Zoning Code. An environmental review shall not be required, in compliance with the CEQA Guidelines.

C. Approval or denial of Lot Line Adjustment. The Director shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this Zoning Code. The Department may approve, conditionally approve, or deny the Lot Line Adjustment in compliance with this Section. Decisions made by the may be appealed to the Commission in compliance with Division 36.610 (Appeals) of this Zoning Code.

1. Required findings. A proposed Lot Line Adjustment shall be denied if the Department finds any of the following:

a. The adjustment will have the effect of creating a greater number of parcels than exist before adjustment;

b. Any parcel resulting from the adjustment will conflict with any applicable regulations of this Zoning Code; or

c. The adjustment will result in an increase in the number of nonconforming parcels.

2. Conditions of approval. In approving a Lot Line Adjustment, the Department shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of this Zoning Code and Chapter 9 (Buildings) of the Municipal Code, or to facilitate the relocation of existing utilities, infrastructure, or easements.

D. Completion of Lot Line Adjustment. Within 12 months after approval of the Lot Line Adjustment process shall be completed in compliance with this Section through the recordation of a deed or record of survey, after all conditions of approval have been satisfied.

1. Completion by deed. A Lot Line Adjustment shall not be effective or finally completed until a grant deed or signed by the record owners has been recorded. The applicant shall submit deeds to the City Engineer for review and approval in compliance with Subsection 3. below (Review and Approval by the Department), before recordation of the grant deed. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a licensed land surveyor licensed or registered in the State.

2. Completion by record of survey. If required by Business and Professions Code Section 8762 et seq., a Lot Line Adjustment shall not be effective or final until a record of survey has been checked by the City Engineer and recorded by the County Recorder. Where not required, a Lot Line Adjustment may also be completed by record of survey in compliance with this Subsection at the option of the applicant.

3. Review and approval by the Department. The City Engineer shall:

a. Examine the deeds to ensure that all record owners and lien holders have consented to the adjustment;

b. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the Lot Line Adjustment as approved by the review authority;

c. Verify that the property owners have either obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel, and that any liens covering the adjacent property have been modified to cover the newly created larger parcel;

d. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and

e. After approval of the legal descriptions, assemble the deeds and return them to the applicant for recordation.

4. Expiration. The approval of a Lot Line Adjustment shall expire and become void if the adjustment has not been completed as required by this Section within 12 months of approval.

(Ord. No. 2108 § 1.)

36.530.040 Parcel Mergers.

A. Merger not required. Two or more contiguous parcels or units of land which have been subdivided under the provisions of this Zoning Code or the Map Act shall not merge by virtue of the fact that the contiguous parcels are held by the same ownership. No further proceedings under this Zoning Code shall be required for the purpose of sale, lease or financing, except as provided by this Division.

B. Processing of requested merger. Upon request of the legal owner of contiguous parcels, the City may approve the merger of the property in compliance with Map Act Section 66499.20 3/4. The request shall be in writing and shall be accompanied by data and documents as required by the City Engineer’s office.

1. Review authority. The Director shall have the authority to review and approve proposed parcel mergers.

2. Conditions of approval. In approving a merger, the City may impose rea¨sonable conditions. The reasonableness of condi¨tions imposed by the Director and/or City Engineer may be appealed within 10 days of written notice of the conditions to the Council in compliance with Division 36.610 (Appeals).

3. Completion of merger. Upon approval, a Notice of Lot Merger shall be filed with the County Recorder. The form and con¨tent of the notice shall be as required by the City Engineer.

(Ord. No. 2108 § 1.)

36.530.050 Certificates of Compliance.

A. Applicability. A Certificate of Compliance is a document recorded by the County Recorder, which acknowledges that the subject parcel is considered by the City to be a legal lot of record. A Conditional Certificate of Compliance is used instead of a Certificate of Compliance to validate a parcel that was not legally subdivided. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a Certificate of Compliance.

B. Application contents. A Certificate of Compliance application shall include the form provided by the Department, the required filing fee, and a chain of title, consisting of copies of all deeds beginning before the division and thereafter, unless the parcels were created through a recorded subdivision map.

C. Review and approval.

1. City Engineer review. The City Engineer shall review all available information and make a determination whether the real property was divided in accordance with the Map Act, this Zoning Code, and other applicable provisions of the Municipal Code. Upon making the determination, the City Engineer shall cause a Certificate of Compliance to be filed with the County Recorder. In the event that the City Engineer determines that the real property does not comply with the provisions of this Zoning Code or the Map Act, the application shall instead be processed as a Conditional Certificate of Compliance (Section 36.530.050).

2. Form of certificate. The Certificate of Compliance shall identify the real property, shall state that the division complies with the provisions of the Map Act and this Zoning Code, and shall include all information required by Map Act Section 66499.35.

3. Effective date of certificate. A Certificate of Compliance shall not become final until the document has been recorded by the County Recorder.

D. Conditional Certificate of Compliance. A Conditional Certificate of Compliance is used to validate a parcel that was not legally divided. If the current owners are the original subdividers, conditions may be based on current standards. The preparation, filing and processing of a Conditional Certificate of Compliance application shall occur in compliance with this Section.

1. Application. An application for a Conditional Certificate of Compliance shall be prepared and include the same materials as a Certificate of Compliance (Section 36.530.050).

2. Review and approval. Upon making a determination that the real property does not comply with the provisions of this Zoning Code or the Map Act, the City Engineer shall grant a Conditional Certificate of Compliance, imposing conditions as provided by Subsection D.3 (Conditions of Approval) below.

3. Conditions of approval. If the owners of the property for which a certificate is requested are the original subdividers, the City Engineer may impose any conditions that would be applicable to a current subdivision, as provided by the Map Act and this Zoning Code, regardless of when the property was divided. If the owners had no responsibility for the subdivision that created the parcel, the City Engineer may only impose conditions that would have been applicable at the time the property acquired by the current owners.

4. Appeal. A decision to issue a Conditional Certificate of Compliance and/or the conditions imposed by the City Engineer may be appealed to the Commission in compliance with Division 36.610 (Appeals) of this Zoning Code.

5. Completion of process. Following expiration of the 10-day appeal period after the determination and imposition of conditions by the City Engineer, the City Engineer shall file a Conditional Certificate of Compliance with the County Recorder. The certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required before subsequent issuance of a permit or other approval for the development of the property.

6. Effective date of certificate. A Conditional Certificate of Compliance shall not become effective until the document has been recorded by the County Recorder.

(Ord. No. 2108 § 1.)

Division 36.540. Subdivision Design and Improvement Requirements

Sections:

36.540.010 Purpose of Division.

36.540.020 Applicability of Design and Improvement Standards.

36.540.030 Subdivision Design Standards.

36.540.040 Site Preparation and Subdivision Construction.

36.540.050 Subdivision Improvement Requirements.

36.540.060 Improvement Plans.

36.540.070 Installation of Improvements.

36.540.080 Improvement Agreements and Security.

36.540.090 Soils Reports.

36.540.010 Purpose of Division.

This Division establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan and any applicable Specific Plan.

(Ord. No. 2108 § 1.)

36.540.020 Applicability of Design and Improvement Standards.

The requirements of this Division apply as follows:

A. Extent of required improvements. All subdivisions shall provide the improvements required by this Division, and any additional improvements required by conditions of approval.

B. Applicable design standards, timing of installation. The subdivider shall construct all on- and off-site improvements according to standards approved by the City Engineer. No Final or Parcel Map shall be presented to the Commission or Parcel Map to the City Engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the City for the work.

C. Subdivision improvement standards—Conditions of approval. The applicable subdivision improvement and dedication requirements of this Division and any other improvements and dedications required by the review authority in compliance with Section 36.510.070 (Tentative Map Approval or Disapproval), shall be described in conditions of approval adopted for each approved Tentative Map (Section 36.510.080). The design, construction or installation of all subdivision improvements shall comply with the requirements of the City Engineer.

D. Conflicting provisions. In the event of any conflict between the provisions of this Division and other provisions of this Zoning Code, or other provisions of the Municipal Code, the most restrictive provisions shall control. In the event of any conflict between the provisions of this Division and the Map Act, the Map Act shall control.

E. Extent of improvements required—Four or fewer parcels. As required by Map Act Section 66411.1, improvements required for subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created.

F. Oversizing of improvements. At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the City, in compliance with Article 6, Chapter 4 of the Map Act. In the event that oversizing is required, the City shall comply with all applicable provisions of Map Act Sections 66485 et seq., including the reimbursement provisions of Map Act 66486.

G. Exceptions. Exceptions to the provisions of this Division may be requested and considered in compliance with Section 36.500.100 (Exceptions to Subdivision Standards).

(Ord. No. 2108 § 1.)

36.540.030 Subdivision Design Standards.

A. Residential density. The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the density established by the General Plan for the site and the maximum number of dwelling units permitted by the applicable zoning district.

B. Parcel and block design. The size, shape and arrangement of proposed parcels shall comply with this Section, or with any General Plan policy, applicable Specific Plan requirement, or other Municipal Code provisions applicable to a proposed subdivision.

1. Parcel area. The minimum area for new parcels shall be as required by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), except as otherwise provided by this Section.

a. Calculation of area. When calculating the area of a parcel to determine compliance with this Section, Article 2, or the General Plan, the following shall be deducted from the gross area of any parcel, regardless of whether they may be used by the general public or are reserved for residents of the subdivision:

(1) A vehicular or non-vehicular access easement through the parcel;

(2) An easement for an open drainage course, whether a ditch, natural channel or floodway; or

(3) The “flag pole” (access strip) of a flag lot.

b. Minimum lot area requirements for common interest projects. The minimum lot area requirements of Article 2 shall not apply to condominiums and condominium conversions, planned developments, townhouses, zero lot line, and similar projects, but shall apply to the creation of the original parcel or parcels that are the location of the common interest development.

2. Dimensions. The dimensions of new parcels shall comply with the applicable provisions of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), or as otherwise required by the review authority. Lots shall be measured at right angles to the street on straight street and shall be approximately radial on curved streets.

3. Parcel and block configuration. The layout of proposed parcels and streets shall be designed to use land efficiently and minimize site disturbance in terms of cuts and fills and the removal of vegetation.

a. Double-frontage lots. Parcels with streets along both the front and rear lot lines shall be prohibited, except when necessitated by topographical or other physical conditions or where access from one of the roads is prohibited.

b. Parcel width and depth for cul-de-sacs. The minimum street frontage width for cul-de-sacs shall be 15 feet. The minimum depth of cul-de-sac parcels shall be an average of 90 feet.

c. Flag lots. The “flag pole” portion of a flag lot shall have a minimum width of 20 feet.

d. Block length. Blocks less than 330 feet in length or more than 990 may be cause for disapproval. In no case shall a block be longer than 1,320 feet.

e. Block width. The width of each block shall be sufficient for an ultimate layout of two tiers of lots within the block, of a size in compliance with the provisions of this Article, except where surrounding subdivision layout, property lines, or topographic conditions require other standards.

4. Driveway standards. Proposed parcels shall be designed to accommodate driveways designed in compliance with Section 36.310.090 (Driveways and Site Access) of this Zoning Code.

C. Energy conservation. The design of a subdivision for which a Tentative and Final Map are required by this Zoning Code shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Map Act Section 66473.1.

(Ord. No. 2108 § 1.)

36.540.040 Site Preparation and Subdivision Construction.

A. Grading. Prior to the issuance of a Building Permit, a grading plan prepared and signed by a registered civil engineer shall be submitted to the City Engineer. Grading plans shall show the elevations of the natural ground at all lot corners, the finished grade at corners, the finished pad elevation, finished floor elevations, rates and directions of all drainage swales, and finished sidewalk elevations at all front lot lines and existing topographic elevations and drainage direction 100 feet outside the boundary of proposed project area and/or map.

1. Minimum slopes. The minimum rate of grade of all drainage swales on lots shall be one-half of one percent.

2. Pad elevation, residential. The building pad elevation of residential lots shall be established at a minimum of 10 inches above the design sidewalk elevation at the low side of the lot. The finished floor elevation of slab floor houses shall be a minimum of 16 inches above the sidewalk elevation. The pad elevation of all residential lots shall be established at least one foot above the sign water surface in an adjacent storm drain channel or the ponded surface in an adjacent sump for collection of storm drain waters. An exception to this rule may be permitted in the case of a tract served by a storm drain pump station.

3. Drainage scheme. No inter-lot or “cross drainage” shall be permitted. All lots shall drain their own water to the public street, public drainage facility, or natural drainage course without passing through or across an adjacent lot. No lot shall drain water over the bank of a flood control channel.

4. Grading exceptions. Specific exceptions to the above requirements may be authorized at the discretion of the City Engineer. Exceptions are considered to be the case of an individual lot or at most a tier of lots and are not to be construed as extending to an entire subdivision.

5. As-built grading plan. Upon completion of grading operations the owner shall furnish to the City Engineer two prints of an as-built grading plan prepared by the owner’s engineer. In case no grading plan had been prepared and no grading permit had been granted, the subdivider shall furnish to the City Engineer two prints of a map signed by the owner’s engineer and certifying that no fills had been made on the lots or else two prints of a map prepared by the owner’s engineer showing the location and depth of all compacted or uncompacted fills that had been made.

B. Erosion and sediment control. A proposed subdivision shall be designed so that all grading incorporates appropriate erosion and sediment control measures.

(Ord. No. 2108 § 1.)

36.540.050 Subdivision Improvement Requirements.

A. Fire hydrants. The subdivider shall install gate valves, extensions and risers extending 30 inches above the finished grade of the gutter for fire hydrants, of sizes and at locations approved by the Fire Chief.

B. Landscaping. Landscaping shall be provided as follows, and in compliance with Division 36.330 (Landscape Standards), where applicable.

1. Residential subdivisions. Residential subdivisions shall be provided landscaping in the form of street trees on each proposed parcel that is not a flag lot, landscaping with irrigation facilities for any common areas or other open space areas within the subdivision, and any additional landscaping required by the review authority. Proposed street trees shall be as required by the Public Works Director, and the plantings shall comply with the City’s standard specifications.

2. Nonresidential subdivisions. Nonresidential subdivisions shall be provided landscaping as required by the review authority.

3. Plant materials, irrigation. All proposed and/or required trees, shrubs, ground covers, vines, turf, and other plant materials shall be of a type approved by the Director and, to the greatest extent practicable, shall be of drought-resistant and drought-tolerant types or varieties. Plant materials and irrigation systems shall comply with the requirements of Division 36.330 (Landscaping Standards) of this Zoning Code. The subdivider shall provide a mechanism or system for the permanent maintenance of any common area or open space landscaping.

4. Deferral of installation. The installation of required landscaping may be deferred until the development of the subdivided lots through the provisions of Section 36.540.080 (Improvement Agreements and Security), provided that interim erosion and sediment control measures are first installed in compliance with Section 36.540.040 (Site Preparation and Subdivision Construction).

C. Monuments. The subdivider shall install monuments in compliance with the requirements of the City Engineer, and the Map Act.

D. Public utilities and utility easements. Each approved parcel shall be provided connections to public utilities, including electricity, gas, water, sewer, and telecommunications services, which shall be installed as part of the subdivision improvements as provided by this Section.

1. Underground utilities required. Utilities in new subdivisions shall be installed underground, as follows. These requirements do not apply to utility lines which do not serve the area being subdivided.

a. When undergrounding is required. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be installed underground. Equipment appurtenant to underground facilities, including surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts, shall also be located underground, unless otherwise approved by the review authority based on the recommendations of the City Engineer and the Director.

The subdivider is responsible for complying with the requirements of this Section and shall make the necessary arrangements with the affected utility companies for facility installation. The review authority may waive the requirements of this Section if topographical, soil, or other site conditions make underground installation infeasible or impractical.

b. Location of installation. Underground utility lines may be installed within street rights of way or along a lot line, subject to appropriate easements being provided if necessary. When installed within street rights of way, their location and method of installation, insofar as it affects other improvements within the street right of way, shall be subject to the approval of the City Engineer.

2. Utility easements. Minimum width. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems shall be determined by the review authority based on the recommendations of the City Engineer for City facilities, and the recommendations of the applicable utility company, for public or private utilities.

3. Overhead lines. When overhead utility lines are approved by the review authority, easements shall be located at the rear of lots where practical, and along the side of lots where necessary. Where practical, the poles supporting overhead lines shall not be installed within any street, alley, or easement designated exclusively for drainage purposes.

4. Timing of installation. All underground utilities, water lines, sanitary sewers, and storm drains installed in streets, shall be constructed before the streets are surfaced. Connections to all underground utilities, water lines, and sanitary sewers shall be laid to sufficient lengths to avoid the need for disturbing the street improvements when service connections are made.

E. Sewage disposal. Each parcel within an approved subdivision shall be provided a connection to the City’s sewage collection, treatment, and disposal system, in compliance with the City’s improvement standards and specifications.

F. Street lighting. All proposed subdivisions shall provide street lighting facilities designed and constructed in compliance with the City’s improvement standards and specifications. The subdivider shall also pay the street light maintenance and energy fee required by the City.

G. Storm drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the drainage area. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development; off-site storm drain improvements may be required to satisfy this requirement. Any easement for drainage or flood control shall be improved as specified by the City Engineer.

H. Water supply. Each approved parcel shall be served by the City’s water distribution system and shall be designed and constructed to accommodate both domestic and fire flows, together with necessary fire hydrants to serve each lot proposed to be created.

(Ord. No. 2108 § 1.)

36.540.060 Improvement Plans.

After the approval of a Tentative Map, the subdivider shall diligently proceed to complete any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers and the like. Before the construction of any improvements, the subdivider shall submit plans to the City as follows:

A. Preparation and content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information:

1. Any drawings, specifications, calculations, design reports and other information required by the City Engineer;

2. Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision; and

3. The improvement plan/specification checking and construction inspection fees required by the City Fee Resolution.

B. Submittal of plans. Improvement plans shall be submitted to the City Engineer and other reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with Subsection C. following, the subdivider shall also submit to the City Engineer a detailed cost estimate of all improvements, based on guidelines provided by the City.

C. Review and approval. Improvement plans shall be reviewed and approved by the City Engineer, within the time limits provided by Map Act Section 66456.2.

D. Effect of approval. The final approval of improvement plans shall generally be required before approval of a Parcel or Final Map. The approval of improvement plans shall not bind the City to accept the improvements nor waive any defects in the improvements as installed.

(Ord. No. 2108 § 1.)

36.540.070 Installation of Improvements.

Subdivision improvements required as conditions of approval of a Tentative Map in compliance with this Division (see Section 36.540.050) shall be installed as provided by this Section.

A. Timing of improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with Section 36.540.060, and before the approval of a Parcel or Final Map in compliance with Sections 36.520.060 (Parcel Map Approval) or 36.520.100 (Final Map Approval), except where:

1. Improvements are deferred in compliance with Section 36.540.080 (Improvement Agreements and Security); or

2. Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required:

a. Only when a permit for development of an affected parcel is issued by the Department; or

b. At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the City, as set forth in Section 36.540.080 (Improvement Agreements and Security); or

c. At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area.

3. To avoid breaking up street paving, underground utility or service lines required to be installed as part of a subdivision and are planned to run across or underneath the right-of-way of any street or alley shall be installed prior to the preparation of subgrade and prior to the surfacing of any streets or alleys. In the event that the development of the subdivision requires the utility company to perform utility construction work, the developer shall pay a deposit satisfactory to the utility company within sufficient time to permit construction work to be performed prior to subgrade preparation. In no event shall subgrade preparation commence before installation of all necessary utilities and laterals.

B. Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows.

1. Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the City. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work that may be required.

2. Inspection procedures.

a. Inspections required. The City Engineer shall make any inspections as he/she deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the City Engineer, the developer shall enter into an agreement with the City to pay the full cost of any contract inspection services determined to be necessary by the City Engineer.

b. Access to site and materials. The City Engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in accordance with the approved improvement plans.

c. Authority for approval. The work done and all materials furnished shall be subject to the inspection and approval of the City Engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.

d. Improper work or materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the City Engineer. In the event that the City Engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this Division.

3. Notification. The subdivider shall notify the City Engineer upon the completion of each stage of construction as outlined in this Division, and shall not proceed with further construction until authorized by the City Engineer.

(Ord. No. 2108 § 1.)

36.540.080 Improvement Agreements and Security.

A subdivider may file a Parcel or Final Map before completion of all the improvements required by this Zoning Code and conditions of approval of the Tentative Map, only when the subdivider first obtains Council approval of a subdivision improvement agreement executed and submitted for Council review by the subdivider, and provides the City performance security as required by this Section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act.

A. Contents of improvement agreement. A subdivision improvement agreement shall be submitted on the form provided by the City Engineer and approved by the City Attorney and shall include the following provisions.

1. Description of improvements. A description of all improvements to be competed by the subdivider, with reference to the approved subdivision improvement plans.

2. Time limit for construction. The period within which all required improvements will be completed to the satisfaction of the City Engineer.

3. Completion by City. Provide that if the subdivider fails to compete all required improvements within the specified time, the City may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement.

4. Surety requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance and to insure payment to laborers and material suppliers, as specified in Subsection B. of this Section. The amount of surety shall be based on an engineer’s cost estimate submitted by the subdivider and approved by the City Engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer’s cost estimate.

5. Phased construction. Provisions for the construction of improvements in units, at the option of the subdivider.

6. Time extensions. Provisions for an extension of time under conditions specified therein, at the option of the subdivider, consistent with the requirements of Subsection D. following.

7. Progress payments or partial release. Provide for progress payments from surety deposits, or partial release of the surety filed to ensure faithful performance of the contract, at the option of the subdivider, in compliance with the requirements of Subsection C. following; provided that no progress payment or partial release shall be construed to be acceptance by the City of any portion of the required improvements or any defective work or improper materials.

B. Security required to guarantee improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the City Attorney, as follows:

1. Type of security. Subdivision improvement agreements shall be secured by all of the following:

a. A guarantee for “Faithful Performance,” in the amount of 100 percent of the engineer’s estimate;

b. A guarantee for “Materials and Labor,” in the amount of 100 percent of the engineer’s estimate;

c. $5,000 for survey; and

d. A one-year guarantee and warranty for work in the amount of 10 percent of the engineer’s estimate.

2. Form of security. The required surety shall consist of one or more of the following forms selected by the City Engineer for the full amounts specified in Subsection B.1 above.

a. A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public moneys.

b. A bond or bonds executed by one or more duly authorized corporate sureties;

c. An instrument of credit from an agency of the state, federal, or local government when any said agency provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the State or Federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution;

d. A lien upon the property to be divided, created by contract between the owner and the City, where the review authority finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the Map, or

e. Any form of security, including security interests in real property, which is acceptable to the local agency.

C. Progress payments or partial release. No progress payment or partial release of the surety filed to ensure faithful performance of the contract shall be made except when the City Engineer has certified that the work required to qualify for payment or release has been satisfactorily competed and the payment or release has also been approved by the Council by at least four fifths vote. No certificate given, progress payment made, or release of surety, except the final certificate of acceptance, shall be considered as any evidence of the performance of the agreement either wholly or in part. There shall be no partial acceptance of any improvements.

D. Time extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the Council only as follows:

1. Public Works report. The City Engineer notifies the Council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

2. Agreement by sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the City Engineer, at an increased amount.

3. Council action. The Council approves the extension by at least a four fifths vote. As a condition of granting a time extension, the Council may impose whatever additional requirements the Council deems reasonable to protect the public interest.

E. Acceptance of improvements. Before acceptance for maintenance or final approval by the Council of subdivision improvements, the City Engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.

(Ord. No. 2108 § 1.)

36.540.090 Soils Reports.

Soils reports shall be provided by the subdivider as required by this Section.

A. Preliminary soils report. A preliminary soils report based upon adequate test borings and prepared by a registered civil engineer shall be required for every subdivision. The preliminary soils report shall be submitted with the Tentative Map application.

1. Form of report. A preliminary soils report may be divided into two parts:

a. Soils reconnaissance. The soil reconnaissance shall include a complete description of the site based on a field investigation of soils matters. The soils matters reviewed shall include stability, erosion, settlement, feasibility of construction of the proposed improvements, description of soils related hazards and problems and proposed methods of eliminating or reducing these hazards and problems; and

b. Final soils investigation and report. This investigation and report shall include field investigation and laboratory tests with detailed information and recommendations relative to all aspects of grading, filling and other earthwork, foundation design, pavement design and subsurface drainage.

The report shall also recommend any required corrective action for the purpose of preventing structural damages to the subdivision improvements and the structures to be constructed on the lots. The report shall also recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property.

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, or environmental impacts, a subsequent soils investigation of each parcel in the subdivision may be required and submitted to the City Engineer before approval of a Parcel or Final Map.

2. Preliminary soils report waiver. The preliminary soils report may be waived if the City Engineer determines that existing available information on the qualities of the soils of the subdivision makes no preliminary analysis necessary.

B. Final soils report. A final soils report prepared by a registered civil engineer shall be required where a preliminary soils report was required, unless the final report is waived by the City Engineer.

1. Two copies of the final soils investigation and report shall be filed with the improvement plans.

2. The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary soils report and the specifications for the project.

3. The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary soils reports, along with any corrections, additions or modifications not shown on the approved plans.

C. Geologic investigation and report. If the City Engineer determines that conditions warrant, a geologic investigation and report may also be required.

(Ord. No. 2108 § 1.)