Concord Municipal Code: Chapter 94

Chapter 94 SUBDIVISIONS*

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*Cross references: Buildings and building regulations, ch. 14; flood management, ch. 34; manufactured homes, mobile homes, and trailers, ch. 58; neighborhood preservation, ch. 62; planning and development, ch. 78; stormwater management and grading and erosion control, ch. 86; streets, sidewalks, and other public places, ch. 90; utilities, ch. 110; vegetation, ch. 114; zoning, ch. 122.

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ARTICLE I. GENERAL PROVISIONS

DIVISION 1. INTRODUCTORY PROVISIONS

Sec. 94-1. Citation and authority.

Sec. 94-2. Purpose.

Sec. 94-3. Application.

Sec. 94-4. Exceptions.

Sec. 94-5. Interpretation.

Sec. 94-6. Severability.

Secs. 94-7--94-30. Reserved.

DIVISION 2. ADMINISTRATION AND COMMON PROCEDURES

Sec. 94-31. Responsibilities.

Sec. 94-32. Notification procedures for public hearings.

Sec. 94-33. Appeals.

Sec. 94-34. Fees and deposits.

Secs. 94-35--94-60. Reserved.

DIVISION 3. MAPS REQUIRED

Sec. 94-61. General.

Sec. 94-62. Major subdivisions.

Sec. 94-63. Minor subdivisions.

Secs. 94-64--94-90. Reserved.

ARTICLE II. MAJOR SUBDIVISIONS

DIVISION 1. TENTATIVE MAPS

Sec. 94-91. General.

Sec. 94-92. Form and contents.

Sec. 94-93. Accompanying data and reports.

Sec. 94-94. Department review and referral.

Sec. 94-95. Public hearing.

Sec. 94-96. Planning Commission action.

Sec. 94-97. Expiration and extensions.

Sec. 94-98. Amendments to approved tentative map.

Sec. 94-99. Appeals.

Secs. 94-100--94-120. Reserved.

DIVISION 2. FINAL MAPS

Sec. 94-121. General.

Sec. 94-122. Submittal by units.

Sec. 94-123. Survey required.

Sec. 94-124. Monuments required.

Sec. 94-125. Form and contents.

Sec. 94-126. Submittal for city approval.

Sec. 94-127. Action by City Council.

Sec. 94-128. Filing with the County Recorder.

Secs. 94-129--94-150. Reserved.

ARTICLE III. MINOR SUBDIVISIONS

DIVISION 1. TENTATIVE PARCEL MAPS

Sec. 94-151. General.

Sec. 94-152. Form and contents.

Sec. 94-153. Zoning Administrator review and referral.

Sec. 94-154. Public notice.

Sec. 94-155. Action on the tentative parcel map.

Sec. 94-156. Expiration and extensions.

Sec. 94-157. Modifications to the approved tentative parcel map.

Sec. 94-158. Appeals.

Secs. 94-159--94-180. Reserved.

DIVISION 2. PARCEL MAPS

Sec. 94-181. General.

Sec. 94-182. Survey required.

Sec. 94-183. Form and contents.

Sec. 94-184. Preliminary submittal.

Sec. 94-185. Review by City Engineer and Zoning Administrator.

Sec. 94-186. Approval by City Engineer.

Sec. 94-187. Filing with County Recorder.

Secs. 94-188--94-210. Reserved.

ARTICLE IV. VESTING TENTATIVE MAPS

DIVISION 1. VESTING TENTATIVE MAPS

Sec. 94-211. Vesting tentative maps.

Sec. 94-212. Procedures.

Sec. 94-213. Vesting of development rights.

Secs. 94-214--94-240. Reserved.

ARTICLE V. DEDICATIONS AND RESERVATIONS

DIVISION 1. DEDICATIONS AND RESERVATIONS

Sec. 94-241. Purpose.

Sec. 94-242. Streets, alleys and other public rights-of-way or easements.

Sec. 94-243. Bicycle paths.

Sec. 94-244. Transit facilities.

Sec. 94-245. Solar access easements.

Sec. 94-246. Parkland.

Sec. 94-247. School sites.

Sec. 94-248. Watercourses and drainage facilities.

Sec. 94-249. Acceptance of dedications.

Sec. 94-250. Recording dedications.

Sec. 94-251. Reservations.

Secs. 94-252--94-280. Reserved.

ARTICLE VI. IMPROVEMENTS AND DESIGN STANDARDS

DIVISION 1. IMPROVEMENTS

Sec. 94-281. General.

Sec. 94-282. Improvements required.

Sec. 94-283. Improvement plans.

Sec. 94-284. Design of improvements.

Sec. 94-285. Improvement agreements.

Sec. 94-286. Deferred improvement agreements.

Sec. 94-287. Improvement security.

Sec. 94-288. Construction inspection.

Sec. 94-289. Completion of improvements.

Sec. 94-290. Acceptance of improvements.

Secs. 94-291--94-320. Reserved.

DIVISION 2. DESIGN STANDARDS

Sec. 94-321. Purpose and applicability.

Sec. 94-322. Subdivision design.

Sec. 94-323. Access.

Sec. 94-324. Cable television/video service/internet/telecommunications facilities.

Sec. 94-325. Energy conservation and solar access.

Sec. 94-326. Grading and erosion control.

Sec. 94-327. Protection of natural features and trees.

Sec. 94-328. Standards.

Sec. 94-329. Streets.

Sec. 94-330. Walls and fences.

Sec. 94-331. Water and sewer connection.

Secs. 94-332--94-360. Reserved.

ARTICLE VII. COMMON INTEREST DEVELOPMENTS (CONDOMINIUMS)

DIVISION 1. STANDARDS FOR NEW RESIDENTIAL CONDOMINIUMS

Sec. 94-361. Purpose.

Sec. 94-362. Development standards.

Sec. 94-363. Contents of the covenants, conditions, and restrictions (CC&Rs).

Secs. 94-364--94-390. Reserved.

DIVISION 2. STANDARDS FOR RESIDENTIAL CONDOMINIUM CONVERSIONS

Sec. 94-391. Purpose.

Sec. 94-392. Use permit and maps required.

Sec. 94-393. Application requirements.

Sec. 94-394. Procedures.

Sec. 94-395. Development standards.

Sec. 94-396. Building standards.

Sec. 94-397. Evaluation of effect of proposed apartment conversions on city's housing stock.

Sec. 94-398. Required findings for approval of conversions.

Sec. 94-399. Special conditions of approval.

Sec. 94-400. Content of the covenants, conditions, and restrictions (CC&Rs).

Sec. 94-401. Approval of tentative or final map.

Sec. 94-402. Annual limitation on condominium conversions.

Sec. 94-403. Appeal.

Secs. 94-404--94-430. Reserved.

DIVISION 3. STANDARDS FOR NEW COMMERCIAL AND INDUSTRIAL CONDOMINIUMS (RESERVED)

Secs. 94-431--94-470. Reserved.

DIVISION 4. STANDARDS FOR COMMERCIAL AND INDUSTRIAL CONDOMINIUM CONVERSIONS (RESERVED)

Secs. 94-471--94-510. Reserved.

ARTICLE VIII. REVERSIONS, MERGERS, AND LOT LINE ADJUSTMENTS

DIVISION 1. REVERSION TO ACREAGE

Sec. 94-511. Purpose.

Sec. 94-512. Initiation of proceedings.

Sec. 94-513. Contents of petition.

Sec. 94-514. Submittal of petition to Zoning Administrator.

Sec. 94-515. City Council approval.

Sec. 94-516. Required findings.

Sec. 94-517. Conditions.

Sec. 94-518. Filing with County Recorder.

Secs. 94-519--94-540. Reserved.

DIVISION 2. PARCEL MERGERS

Sec. 94-541. Purpose.

Sec. 94-542. Required mergers.

Sec. 94-543. Mergers initiated by the city.

Sec. 94-544. Mergers initiated by property owner.

Sec. 94-545. Unmerged parcels.

Secs. 94-546--94-570. Reserved.

DIVISION 3. LOT LINE ADJUSTMENTS

Sec. 94-571. Purpose.

Sec. 94-572. Permitted lot line adjustments.

Sec. 94-573. Procedures.

Sec. 94-574. Appeals.

Sec. 94-575. Recording with County Recorder.

Secs. 94-576--94-600. Reserved.

ARTICLE IX. AMENDMENTS AND ENFORCEMENT

DIVISION 1. CORRECTION AND AMENDMENT OF MAPS

Sec. 94-601. Purpose.

Sec. 94-602. Tentative maps.

Sec. 94-603. Final and parcel maps; allowed corrections and amendments.

Sec. 94-604. Final and parcel maps; form and contents.

Sec. 94-605. Final and parcel maps; review and approval of corrections.

Sec. 94-606. Final and parcel maps; filing with the County Recorder.

Secs. 94-607--94-630. Reserved.

DIVISION 2. ENFORCEMENT AND JUDICIAL REVIEW

Sec. 94-631. Purpose.

Sec. 94-632. Prohibition.

Sec. 94-633. Penalty for violation.

Sec. 94-634. Remedies.

Sec. 94-635. Certificate of compliance.

Sec. 94-636. Notice of violation.

Sec. 94-637. Judicial review.

Secs. 94-638--94-660. Reserved.

ARTICLE X. DEFINITIONS

DIVISION 1. DEFINITIONS

Sec. 94-661. Purpose and applicability.

Sec. 94-662. Definitions.

Secs. 94-663--94-690. Reserved.

ARTICLE I. GENERAL PROVISIONS

DIVISION 1. INTRODUCTORY PROVISIONS

Sec. 94-1. Citation and authority.

Chapter 94 of the Concord Municipal Code shall be known and cited as the Subdivision Ordinance of the City of Concord, and will be referred to herein as "the Subdivision Ordinance" or "this chapter."

Authority for this chapter is found in Title 7, Division 2 of the California Government Code, commencing with Section 66410, hereinafter referred to as the "Subdivision Map Act," as may be amended from time to time.

(Code 1965, § 4400; Ord. No. 771; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. 08-3)

Sec. 94-2. Purpose.

The purpose of this chapter is to regulate and control the division of land within the City of Concord. These provisions implement and supplement the requirements of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in securing the official approval of the Zoning Administrator, Planning Commission, the City Engineer, and City Council regarding the maps. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote open space, conservation, protection and proper use of land, and to ensure provision for adequate traffic circulation, utilities and services. It is also the purpose of this chapter to ensure that the design and improvements of subdivisions is consistent with and promotes the goals and policies of the General Plan.

(Code 1965, § 4401; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 08-3)

Sec. 94-3. Application.

The regulations set forth in this chapter apply to all parts of subdivisions within the City of Concord and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act. Each subdivision and each part thereof lying within the city shall be made and each map shall be prepared and presented for approval as provided for and required by this chapter.

(Code 1965, § 4402; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 08-3)

Sec. 94-4. Exceptions.

This chapter shall not apply to:

(Code 1965, § 4403; Ord. No. 943; Ord. No. 967; Ord. No. 1010; Ord. No. 1086; Ord. No. 08-3)

(a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.

(Ord. No. 08-3)

(b) Mineral, oil or gas leases.

(Ord. No. 08-3)

(d) A lot line adjustment between four or fewer existing adjoining parcels, consistent with the provisions of Article VIII, Division 3, Lot Line Adjustments, of this chapter and Section 66412(d) of the Subdivision Map Act.

(Ord. No. 08-3)

(e) Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code for community apartment or cooperative housing projects.

(Ord. No. 08-3)

(f) The conversion of a community apartment project or a stock cooperative to a condominium if the requirements of Sections 66412(g) and (h) of the Subdivision Map Act are met.

(Ord. No. 08-3)

(g) The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances regulating design and improvements.

(Ord. No. 08-3)

(h) The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

(Ord. No. 08-3)

(i) The construction, financing or leasing of secondary living units, subject to the Zoning Ordinance.

(Ord. No. 08-3)

(j) Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.

(Ord. No. 08-3)

(k) Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind powered electrical generation device which is subject to discretionary action by the city.

(Ord. No. 08-3)

(l) 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 Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including but not limited to, antennae, transmission equipment, support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the Zoning Administrator, Planning Commission or City Council.

(Ord. No. 08-3)

Sec. 94-5. Interpretation.

None of the provisions in the Subdivision Ordinance or in any other ordinance or resolution of the city or in any rule or regulation promulgated pursuant thereto, whether pre-existing, existing or in the future, are intended to create or to be construed to create an imposition of civil liability on the city, its Council, commissioners, officers or employees while acting in accordance with such provisions.

(Code 1965, § 4404; Ord. No. 90-21; Ord. No. 92-4; Ord. No. 08-3)

Sec. 94-6. Severability.

The sections, paragraphs, sentences, clauses and phrases of the Subdivision Ordinance are severable. If any phrase, clause, sentence, paragraph or section of the Subdivision Ordinance is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of the Subdivision Ordinance.

(Ord. No. 08-3)

Secs. 94-7--94-30. Reserved.

DIVISION 2. ADMINISTRATION AND COMMON PROCEDURES

Sec. 94-31. Responsibilities.

(a) City Attorney. The City Attorney shall be responsible for approving as to form all subdivision improvement agreements and improvement securities.

(Code 1965, § 4411; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 01-12, § 9; Ord. No. 08-3)

(b) City Council. The City Council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the city of lands and/or improvements as may be proposed for dedication to the city for Major Subdivisions. The City Council shall act as the final appeal board for hearing appeals of the approval, conditional approval or denial of tentative subdivision maps for Major and Minor Subdivisions.

(Ord. No. 08-3)

(1) Establishing design and construction details, standards and specifications;

(Ord. No. 08-3)

(2) Determining if proposed subdivision improvements comply with the provisions of this chapter and the Subdivision Map Act and for reporting the findings together with any recommendations for approval, or conditional approval, of the tentative map to the Zoning Administrator for Major Subdivisions and Minor Subdivisions.

(Ord. No. 08-3)

(3) The processing of final maps, reversion to acreage maps and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers, and certificates of compliance;

(Ord. No. 08-3)

(4) Examining and stating that final maps are in substantial conformance with the approved tentative map.

(Ord. No. 08-3)

(5) The inspection and approval of subdivision improvements.

(Ord. No. 08-3)

(6) The acceptance of dedications and improvements for Minor Subdivisions and offsite dedications lying outside a subdivision boundary that require a separate grant deed.

(Ord. No. 08-3)

(7) The recording of a notice of completion of private subdivision improvements when not to be maintained by the city.

(Ord. No. 08-3)

(8) The collection of all required deposits and fees.

(Ord. No. 08-3)

(d) Planning Division. The Planning Division shall be responsible for the processing of tentative maps and parcel maps, and for the collection of application fees. The Planning Division shall also be responsible for investigating proposed subdivisions for conformity to the General Plan, specific plans, and the Zoning Ordinance of the city, and reporting findings together with recommendations for approval, conditional approval, or denial of Minor Subdivisions to the Zoning Administrator and Major Subdivisions to the Planning Commission.

(Ord. No. 08-3)

(e) Planning Commission. The Planning Commission shall be the body responsible for approving, conditionally approving, or denying tentative maps for Major Subdivisions and appeals of Minor Subdivisions.

(Ord. No. 08-3)

(f) Zoning Administrator. The Zoning Administrator shall be responsible for the approval, conditional approval or denial of Minor Subdivisions.

(Ord. No. 08-3)

(g) Design Review Board. The Design Review Board shall be responsible for making recommendations to the Planning Commission or Zoning Administrator on matters such as, but not limited to, the following:

(Ord. No. 08-3)

(1) Sitting of one- and two-story buildings;

(Ord. No. 08-3)

(2) Location of windows, particularly second-story windows, in relation to adjacent residences and yards;

(Ord. No. 08-3)

(3) Landscaping of front yards and common areas, including shared roads/drives;

(Ord. No. 08-3)

(4) Appearance of private roadways from public streets and surrounding residential areas;

(Ord. No. 08-3)

(5) Appearance and relationship of new houses and yards relative to adjacent homes with consideration given to grading and retaining walls, architectural design, bulk and mass.

(Ord. No. 08-3)

Sec. 94-32. Notification procedures for public hearings.

Notification for public hearings shall be provided according to the provisions for notification of public hearings in the Zoning Ordinance.

(Code 1965, § 4412; Ord. No. 1010; Ord. No. 1086; Ord No. 08-3)

Sec. 94-33. Appeals.

Decisions that are subject to appeal under the Subdivision Map Act or the provisions of the Subdivision Ordinance shall be filed and processed according to the procedures for appeals and calls for review of the Zoning Ordinance.

(Code 1965, § 4413; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 89-14; Ord. No. 90-21; Ord. No. 08-3)

Sec. 94-34. Fees and deposits.

All persons submitting maps and other documents required by the Subdivision Ordinance shall pay all fees and/or deposits as provided by the Resolution Establishing Fees and Charges for Various Municipal Services.

(Code 1965, § 4414; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 08-3)

Fees shall be established by the city pursuant to Section 66451.2 of the Subdivision Map Act and the Mitigation Fee Act (Sections 66000 to 66025 of the Government Code).

(Ord. No. 08-3)

Secs. 94-35--94-60. Reserved.

DIVISION 3. MAPS REQUIRED

Sec. 94-61. General.

The necessity for tentative or vesting tentative, final, tentative parcel and parcel maps shall be governed by the provisions of this division.

(Ord. No. 08-3)

Sec. 94-62. Major subdivisions.

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

(Ord. No. 08-3)

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

(Ord. No. 08-3)

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

(Ord. No. 08-3)

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

(Ord. No. 08-3)

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

(Ord. No. 08-3)

(e) The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act.

(Ord. No. 08-3)

(f) A parcel map shall be required for those subdivisions described in subsections (a), (b), (c), (d), and (e).

(Ord. No. 08-3)

Sec. 94-63. Minor subdivisions.

A tentative parcel map and parcel map shall be required for all divisions of land into four or fewer parcels and for divisions of land into five or more parcels described in subsections (a) through (e) of Section 94-62, Major Subdivisions, except that a tentative parcel map and parcel map shall not be required for the following:

(Ord. No. 08-3)

(a) Right-of-way subdivisions. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the Public Utilities Code that are created by short-term leases terminable by either party on not more than 30 days' notice in writing.

(Ord. No. 08-3)

(b) Conveyances. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to the public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. The foregoing exemption shall only apply if, prior to the conveyance, the owner of the subject land complies with this section. The owner shall submit an application for exemption in the form and with such information as is required by the City Engineer. Upon receipt of a complete application by the City Engineer, the City Engineer shall either determine that the exemption applies, determine that the exemption applies subject to conditions or determine that public policy necessitates a parcel map. In making this determination, the City Engineer shall consider any written materials submitted by the applicant or any interested party. The City Engineer shall notify the applicant of the determination in writing. If the City Engineer determines that a parcel map is necessary, the applicant shall not subdivide the subject land without obtaining city approval of a parcel map pursuant to this chapter. Notwithstanding the foregoing, a tentative map and parcel map for a division of land into four or fewer parcels shall not be required for the dedication of land to a governmental agency, public entity or public utility which is required by the city as a condition of approval of a development project.

(Ord. No. 08-3)

(c) Lot line adjustments. Lot line adjustments that meet the requirements of Section 94-572, Permitted Lot Line Adjustments.

(Ord. No. 08-3)

Secs. 94-64--94-90. Reserved.

ARTICLE II. MAJOR SUBDIVISIONS

DIVISION 1. TENTATIVE MAPS

Sec. 94-91. General.

The form and contents, submittal and approval of a tentative map for Major Subdivisions shall be governed by the provisions of this division.

(Ord. No. 08-3)

Sec. 94-92. Form and contents.

All tentative maps shall be prepared in accordance with all applicable city standards. The tentative map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn on a single 24- by 36-inch sheet and shall contain the information as established by the City Engineer and Zoning Administrator in the city's application checklists, which are on file with the Planning Division.

(Ord. No. 08-3)

Sec. 94-93. Accompanying data and reports.

The tentative map shall be accompanied by the following data or reports:

(Ord. No. 08-3)

(a) Soils report. The City Engineer or Building Official may require the preparation of a preliminary soils report. If a preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, could lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The City Engineer may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory. The preliminary soils report may be waived if the City Engineer determines that, due to knowledge of the soil qualities in the subdivision, no preliminary analysis is necessary.

(Ord. No. 08-3)

(b) Title report. A preliminary title report, showing the legal owners at the time of filing the tentative map.

(Ord. No. 08-3)

(c) Engineering geology and/or seismic safety report. If the subdivision lies within the Alquist-Priolo Fault Zone, or within a "high" or "very high" liquefaction potential area, as indicated on Figure 7-4, Geologic and Seismic Hazards, in the Safety and Noise Element of the Concord General Plan, then a preliminary engineering geology and/or seismic safety report, prepared in accordance with Alquist-Priolo Act guidelines, shall be submitted. If the preliminary engineering geology and/or seismic safety report indicates the presence of geologic hazards or seismic hazards which, if not corrected, would lead to structural defects, an engineering geology and/or seismic safety report shall accompany the final map and shall contain an investigation of each lot within the subdivision.

(Ord. No. 08-3)

(d) Environmental assessment. The subdivider shall provide additional data and information and pay such fees as may be required for the preparation and processing of environmental documents pursuant to the California Environmental Quality Act.

(Ord. No. 08-3)

(e) Other reports. Any other data or reports deemed necessary by the Planning Division and/or the City Engineer.

(Ord. No. 08-3)

Sec. 94-94. Department review and referral.

(a) Determination of complete application. The Zoning Administrator shall determine whether the application is complete within 30 days after receipt of the application and shall notify the applicant of its determination in writing. The tentative map application shall be accepted for filing only when the Zoning Administrator determines that:

(Ord. No. 08-3)

(1) All maps and information required by the Subdivision Ordinance and the Subdivision Map Act have been submitted, checked and accepted as complete;

(Ord. No. 08-3)

(2) All information required to conduct environmental review in compliance with the California Environmental Quality Act, and the city's environmental review regulations has been submitted;

(Ord. No. 08-3)

(3) The required fees and deposits have been paid.

(Ord. No. 08-3)

(b) Referral. The Zoning Administrator shall forward copies of the tentative map to affected departments, public agencies, and utilities. The affected public agencies may, in turn, forward to the Planning Division their findings and recommendations.

(Ord. No. 08-3)

(c) Staff report. At least five days prior to the Planning Commission hearing on a tentative map, the Zoning Administrator shall issue a report to the Planning Commission. The report shall include comments from the Development Advisory Committee, other public agencies, and analysis by the Zoning Administrator. The report shall also include a recommendation for action, including any requirements or conditions deemed necessary to ensure that the map will comply with the General Plan and any applicable city regulations.

(Ord. No. 08-3)

Sec. 94-95. Public hearing.

(a) Upon receipt of an application for a tentative subdivision map that is accepted as complete, the Zoning Administrator shall schedule the proposed map for review and public hearing by the Planning Commission and shall provide notice of the public hearing according to the requirements of Section 94-32, Notification Procedures for Public Hearings.

(Ord. No. 08-3)

Sec. 94-96. Planning Commission action.

(a) Action required. The Planning Commission shall approve, conditionally approve or deny the tentative map within 50 days after certification of an environmental impact report, adoption of a negative declaration or a determination by the city that the project is exempt from the requirements of the California Environmental Quality Act.

(Ord. No. 08-3)

(b) Basis for action. The approval, conditional approval, or denial shall be based on the ordinances, policies, and standards in effect on the date of notification to the developer of the determination that the application is complete according to Section 94-94(a), Determination of Complete Application. If the city has initiated formal proceedings and published notice of an ordinance or resolution amending ordinances, policies, and standards applicable to the developer's project prior to acceptance of a complete application, the amended ordinances, policies, and standards in effect on the date of tentative map approval shall apply. If the developer requests changes in applicable ordinances, policies, and standards, and if they are adopted, the changes shall apply.

(Ord. No. 08-3)

(c) When deemed approved. If no action is taken by the Planning Commission within the time limit as specified, and all other State and city requirements have been met, including but not limited to the California Environmental Quality Act (California Public Resources Code § 21000 et seq.) the tentative map application shall be deemed to be approved by the Planning Commission if it complies with other applicable provisions of the Subdivision Map Act, this chapter, other city ordinances and the General Plan, and it shall be the duty of the City Clerk to certify the approval. The appeal period to the City Council shall begin on the date of such certification.

(Ord. No. 08-3)

(d) Required findings for approval. The Planning Commission may approve or conditionally approve the tentative map only if it makes all of the following findings:

(Ord. No. 08-3)

(1) Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan, the Zoning Ordinance, and other applicable provisions of the Municipal Code.

(Ord. No. 08-3)

(2) Passive and natural heating and cooling. The design of the subdivision shall provide, to the extent feasible, for future passive and natural heating and cooling features in accord with Section 66473.1 of the Subdivision Map Act.

(Ord. No. 08-3)

(3) Availability of water. Water will be available and sufficient to serve a proposed subdivision with more than 500 dwelling units in accord with Section 66473.7 of the Subdivision Map Act.

(Ord. No. 08-3)

(e) Conditions of approval.

(1) Authority and limitations. The Planning Commission may modify or delete any recommended conditions of approval, except conditions required by city ordinance or by the City Engineer related to public health and safety or to standards approved by the City Engineer. The Zoning Administrator may add additional requirements as conditions of its approval.

(Ord. No. 08-3)

(2) Joint use. The Planning Commission shall require, when applicable, agreements for the joint use of portions of private streets and driveways, including areas to be landscaped and jointly maintained.

(Ord. No. 08-3)

(3) Indemnification. Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the city and its agents, officers and employees from any claim, action or proceeding against the city or its agents, officers or employees to attach, set aside, void or annul an approval of the Planning Commission or City Council concerning a subdivision. The city shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense.

(Ord. No. 08-3)

(f) Basis for denial. The tentative map may be denied by the Planning Commission and/or City Council acting on an appeal on any of the grounds provided by this section or the Subdivision Map Act. The Planning Commission and/or City Council, acting on an appeal, shall deny approval of the tentative map if it makes any of the following findings:

(Ord. No. 08-3)

(1) The proposed map is not consistent with the General Plan, any applicable specific plans, or any applicable provision of this ordinance.

(Ord. No. 08-3)

(2) The design or improvement of the proposed subdivision is not consistent with the General Plan or any applicable specific plans or adopted policies of the city.

(Ord. No. 08-3)

(3) The site is not physically suitable for the type of development proposed.

(Ord. No. 08-3)

(4) The site is not physically suitable for the proposed density of development.

(Ord. No. 08-3)

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

(Ord. No. 08-3)

(6) The design of the subdivision or the type of improvements are likely to cause serious public health problems.

(Ord. No. 08-3)

(7) 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. In this connection, the Planning Commission or City Council acting on an appeal, may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to easements previously acquired by the public. This subsection 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 Planning Commission or City Council acting on an appeal, to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(Ord. No. 08-3)

(8) The land is subject to a contract under the Williamson Act and that the resulting parcels following the subdivision would be too small to sustain their agricultural use and meets all the requirements of Section 66474.4 of the Subdivision Map Act.

(Ord. No. 08-3)

(9) The waste discharge into the city sewer system from the proposed subdivision would add to, or result in, violations of requirements imposed by the California Regional Water Quality Control Board.

(Ord. No. 08-3)

Sec. 94-97. Expiration and extensions.

(a) Expiration.

(1) Time period. The approval or conditional approval of a tentative map shall expire 24 months after the date of approval by the Planning Commission or City Council acting on an appeal. However, the expiration date shall be extended in accordance with Section 66452.6(a) of the Subdivision Map Act if the filing of multiple final maps is authorized by Section 94-122, Submittal by Units, and if the subdivider is required to provide off-site improvements in the amounts specified in Section 66452.6(a) of the Subdivision Map Act. An extension to the expiration date may be approved as provided in subsection 2 of this section.

(Ord. No. 08-3)

(2) Exclusions.

a. The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6(b) of the Subdivision Map Act.

(Ord. No. 08-3)

b. The period of time specified above shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the City Council. Within 10 days of the service of the initial petition or complaint upon the city, the subdivider shall, in writing, to the Zoning Administrator, request a stay in the time period of the tentative map. Within 40 days after receiving the request, the City Council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant/petitioner and upon conclusion of the hearing, the City Council shall, within 10 days, declare its findings.

(Ord. No. 08-3)

(3) Termination of proceedings. Expiration of an approved or conditionally approved tentative or vesting tentative map shall terminate all proceedings and no final or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map.

(Ord. No. 08-3)

(4) Processing prior to expiration. If the signed final map and agreement are submitted to the City Engineer prior to the expiration of the tentative map, processing, approval and recording may occur after the expiration date of the tentative map.

(Ord. No. 08-3)

(b) Extensions.

(1) Request by subdivider. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Zoning Administrator prior to expiration of the map. The map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.

(Ord. No. 08-3)

(2) Planning Commission action. The Zoning Administrator shall review the request and submit the application for the extension, together with a report, to the Planning Commission for approval, conditional approval or denial. The map shall remain valid until such time as the Planning Commission hearing is scheduled. A copy of the Zoning Administrator's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving or conditionally approving an extension shall specify the new expiration date of the tentative map. Action taken by the Planning Commission to approve, conditionally approve or deny the request for the extension may be appealed to the City Council pursuant to Section 94-33, Appeals.

(Ord. No. 08-3)

(3) Time limit of extension. The expiration date may be extended pursuant to this section for a period or periods totaling no more than five years.

(Ord. No. 08-3)

Sec. 94-98. Amendments to approved tentative map.

Amendments to tentative maps may be made in accordance with Article IX, Division 1, Correction and Amendment of Maps, of this chapter. A public hearing may be required.

(Ord. No. 08-3)

Sec. 94-99. Appeals.

The Planning Commission's decisions on tentative maps may be appealed to the City Council. Any decision subject to an appeal will be processed in accordance with Section 94-33, Appeals.

(Ord. No. 08-3)

Secs. 94-100--94-120. Reserved.

DIVISION 2. FINAL MAPS

Sec. 94-121. General.

The form, contents, accompanying data and filing of the final map shall be governed by to the provisions of this division. The final map shall be prepared by or under the direction of a registered civil engineer or a licensed land surveyor.

(Ord. No. 08-3)

Sec. 94-122. Submittal by units.

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map is filed, informs the Zoning Administrator in writing of the subdivider's intention to file multiple final maps on the tentative map, or after the filing of the tentative map the subdivider and Zoning Administrator concur in the filing of multiple final maps. In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps. The Planning Commission or City Council, acting on an appeal, shall approve the sequence of map approvals. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, or the approved or conditionally approved tentative map shall have a separate subdivision number. The public improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.

(Ord. No. 08-3)

Sec. 94-123. Survey required.

An accurate and complete survey of the land to be subdivided shall be made by a qualified registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.

(Ord. No. 08-3)

Sec. 94-124. Monuments required.

At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the City Engineer.

(Ord. No. 08-3)

Sec. 94-125. Form and contents.

(a) General. The form and contents of the final map shall be as approved by the City Engineer and in conformance with Section 66433 of the Subdivision Map Act.

(Ord. No. 08-3)

(b) Scale, north point and basis of bearings. There must appear on each map sheet the scale, the north point, and the basis of bearings based on Zone III of the California Coordinates, and the equation of the bearing to true north. The basis of bearings shall be approved by the City Engineer.

(Ord. No. 08-3)

(c) Linear, angular and radial data. Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, radius and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

(Ord. No. 08-3)

(d) Monuments. The location and description of all existing and proposed monuments shall be shown. Standard city monuments shall be set at or on City Engineer approved offsets from the following locations:

(Ord. No. 08-3)

(1) The intersection of street centerlines;

(Ord. No. 08-3)

(2) Beginning and end of curves or intersection of tangents on centerlines; and

(Ord. No. 08-3)

(3) At other locations as may be required by the City Engineer.

(Ord. No. 08-3)

(e) Lot numbers. Lot numbers shall begin with the number one in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands under the same ownership are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final map, unless approved by the City Engineer.

(Ord. No. 08-3)

(f) Adjoining properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map showing such subdivision, and if no such subdivision is adjacent, then by the name of the owner, and reference to the recorded deed by book page number for the last recorded owner of such adjacent property.

(Ord. No. 08-3)

(g) City boundaries. City boundaries that cross or join the subdivision shall be clearly designated.

(Ord. No. 08-3)

(h) Street names. The names of all streets, alleys or highways within or adjoining the subdivision shall be shown.

(Ord. No. 08-3)

(i) Easements. Easements for roads or streets, paths, storm water drainage, sanitary sewers, or other public use as may be required, shall be dedicated to the public for acceptance by the city or other public agency, and the use shall be specified on the map.

(Ord. No. 08-3)

(1) All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, or book and page of official records.

(Ord. No. 08-3)

(2) Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

(Ord. No. 08-3)

(3) The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the City Engineer.

(Ord. No. 08-3)

(j) Additional information. The city may require additional information to be recorded simultaneously with the final map. Whenever additional information is made by separate document, there shall appear on the final map a reference to the separately recorded document. This reference shall be completed by the County Recorder according to Section 66468.1 of the Subdivision Map Act. Additional information may include the following:

(Ord. No. 08-3)

(1) Covenants, codes and restrictions.

(Ord. No. 08-3)

(2) Regulatory agreements.

(Ord. No. 08-3)

(3) Property maintenance agreements.

(Ord. No. 08-3)

(4) Other documents or agreements required by the Planning Commission as conditions of approval on the tentative map.

(Ord. No. 08-3)

(5) Additional survey and map information including, but not limited to building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, and archaeological sites. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of the recording, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records, or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.

(Ord. No. 08-3)

Sec. 94-126. Submittal for city approval.

(a) Preliminary submittal. The subdivider shall submit prints of the final map to the City Engineer for checking. The preliminary prints shall be accompanied by the following data, plans, reports and documents in a form as approved by the City Engineer.

(Ord. No. 08-3)

(1) Improvement plans. Improvement plans as directed by the City Engineer.

(Ord. No. 08-3)

(2) Soils report. A soils report prepared as directed by the City Engineer.

(Ord. No. 08-3)

(3) Title report. A title report showing the legal owners at the time of submittal of the final map.

(Ord. No. 08-3)

(4) Improvement agreement. An improvement agreement in accordance with the requirements of Section 94-285, Improvement Agreements. In the event that sewer, water, drainage, grading, paving or other improvements required pursuant to Section 94-282, Improvements Required, have not been completed prior to the presentation of the final map, a deferred improvement agreement in accordance with the requirements of Section 94-286, Deferred Improvement Agreements, shall be filed for the improvement thereof.

(Ord. No. 08-3)

(5) Deeds for easements or rights-of-way. Written evidence of rights of entry or permanent easements across private property outside of the subdivision that permit or grant access to perform necessary construction work or permit the maintenance of any sewer, water, electric and/or other facility.

(Ord. No. 08-3)

(6) Traverse closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines.

(Ord. No. 08-3)

(7) Hydrology and hydraulic calculations. Complete hydrology and hydraulic calculations of all storm drains.

(Ord. No. 08-3)

(8) Governing documents. If required by the city, the submittal of the final map for a common interest development within the meaning of Section 1350 et seq. of the California Civil Code shall include the proposed Declaration of Covenants, Conditions and Restrictions containing the provisions described in Section 1353 of the Civil Code, and all other governing documents for the subdivision. The submittal of the final map for all subdivisions other than a common interest development shall include any Declaration of Covenants, Conditions and Restrictions proposed in connection therewith. All documents shall be subject to review and approval by the Zoning Administrator, City Engineer and City Attorney.

(Ord. No. 08-3)

(9) Guarantee of title. A guarantee of title, in a form acceptable to the City Engineer and City Attorney, shall be issued by a competent title company to and for the benefit and protection of the city and shall continue up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents to the making thereof and affidavits of dedication where necessary.

(Ord. No. 08-3)

(10) Flood plain information. Flood plain information, including the floor elevation that has a one percent chance of being equaled or exceeded each year (the 100-year flood level).

(Ord. No. 08-3)

(11) Copies. Copies of the final map in approved electronic format as required by the City Engineer.

(Ord. No. 08-3)

(12) Additional data. Any additional data, reports or information as required by the City Engineer.

(Ord. No. 08-3)

(b) Review by City Engineer and Zoning Administrator. The subdivider's engineer or surveyor shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the statements on the map, to the City Engineer and Zoning Administrator. The City Engineer and the Zoning Administrator shall review the final map and the subdivider's engineer or surveyor shall make corrections and/or additions until the map meets the requirements of the approved or conditionally approved tentative map and related city requirements.

(Ord. No. 08-3)

(c) Transmission to City Clerk. The City Engineer shall transmit the final map and related documents to the City Clerk for City Council action.

(Ord. No. 08-3)

Sec. 94-127. Action by City Council.

The City Council shall, at the meeting at which it receives the final map or at its next regular meeting after the meeting at which it receives the final map, approve the map if it conforms to all the requirements of the Subdivision Map Act and this ordinance applicable at the time of approval or conditional approval of the tentative map. If the map does not conform, the City Council shall disapprove the map.

(Ord. No. 08-3)

(a) Acceptance of dedications and improvements. If the City Council approves the final map, it shall at the same time accept, accept subject to improvement, or reject any offer of dedication. The City Clerk shall certify on the final map the action by the City Council. If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities, or storm drainage easements are not accepted by the City Council, the offer of dedication shall remain open and the City Council may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities, or storm drainage easements, which acceptance shall be recorded in the office of the County Recorder.

(Ord. No. 08-3)

(1) The City Council may accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the County Recorder. If the improvement agreement and final map are approved by the City Council, it shall instruct the City Manager to execute the agreement on behalf of the city. If the improvement agreement and/or final map are unacceptable, the Council shall make its recommended corrections, instruct the City Engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map have been resubmitted.

(Ord. No. 08-3)

(2) The City Council shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction of off-site improvements on land which neither the subdivider nor the city has sufficient title or interest to permit the improvements to be made.

(Ord. No. 08-3)

(b) Denial by City Council. The City Council shall deny the final map if it finds that the final map is not in substantial compliance with the previously approved tentative map.

(Ord. No. 08-3)

Sec. 94-128. Filing with the County Recorder.

Upon approval of the final map by the City Council, the City Clerk shall execute the appropriate statement on the map and forward the map, or have an authorized agent forward the map, to the County Recorder. If the subdivider dedicates property to the city, the City Clerk shall also prepare and forward for recording a certificate concerning the dedication as provided in Section 66477.5 of the Subdivision Map Act.

(Ord. No. 08-3)

Secs. 94-129--94-150. Reserved.

ARTICLE III. MINOR SUBDIVISIONS

DIVISION 1. TENTATIVE PARCEL MAPS

Sec. 94-151. General.

The form and contents, submittal and approval of tentative parcel maps for Minor Subdivisions shall be governed by the provisions of this division. The tentative parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

(Ord. No. 08-3)

Sec. 94-152. Form and contents.

(Ord. No. 08-3)

Sec. 94-153. Zoning Administrator review and referral.

(a) Determination of complete application. The Zoning Administrator shall determine whether the application is complete within 30 days after receipt of the application and shall notify the applicant of its determination in writing. The tentative parcel map shall be accepted for filing only when the Zoning Administrator determines that:

(Ord. No. 08-3)

(1) All maps and information required by the Subdivision Ordinance and the Subdivision Map Act have been submitted, checked and accepted as complete;

(Ord. No. 08-3)

(2) All information required to conduct environmental review in compliance with the California Environmental Quality Act, and the city's environmental review regulations has been submitted; and

(Ord. No. 08-3)

(3) The required fees and deposits have been paid.

(Ord. No. 08-3)

(b) Referral. The Planning Division shall forward copies of the tentative map to affected departments, public agencies, and utilities. The affected public agencies may, in turn, forward to the Zoning Administrator their findings and recommendations.

(Ord. No. 08-3)

Sec. 94-154. Public notice.

Notification shall be provided according to the provisions for notification of public hearings in the Concord Municipal Code.

(Ord. No. 08-3)

Sec. 94-155. Action on the tentative parcel map.

(a) Action required. The Zoning Administrator shall approve, conditionally approve or deny the tentative parcel map within 50 days after certification of an environmental impact report, adoption of a negative declaration or a determination by the city that the project is exempt from the requirements of the California Environmental Quality Act.

(Ord. No. 08-3)

(c) Required findings for approval. A tentative parcel map may not be approved unless the Zoning Administrator finds that the proposed tentative parcel map, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan, the Zoning Ordinance, and other applicable provisions of the Municipal Code.

(Ord. No. 08-3)

(d) Conditions of approval.

(1) Authority and limitations. The Zoning Administrator may modify or delete any recommended conditions of approval, except conditions required by city ordinance or by the City Engineer related to public health and safety or to standards approved by the City Engineer. The Zoning Administrator may add additional requirements as conditions of its approval.

(Ord. No. 08-3)

(2) Joint use. The Zoning Administrator shall require, when applicable, agreements for the joint use of portions of private streets and driveways, including areas to be landscaped and jointly maintained.

(Ord. No. 08-3)

(3) Indemnification. Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative parcel map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the city and its agents, officers and employees from any claim, action or proceeding against the city or its agents, officers or employees to attach, set aside, void or annul an approval of the Zoning Administrator, Planning Commission or City Council concerning a subdivision. The city shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense.

(Ord. No. 08-3)

(e) Basis for denial. A tentative parcel map may be denied by the Zoning Administrator and/or Planning Commission acting on an appeal on any of the grounds provided by this chapter or the Subdivision Map Act. The Zoning Administrator and/or Planning Commission, acting on an appeal, shall deny approval of the tentative parcel map if it makes any of the following findings:

(Ord. No. 08-3)

(1) The proposed map is not consistent with the General Plan, any applicable specific plans, or any applicable provision of this code.

(Ord. No. 08-3)

(2) The design or improvement of the proposed subdivision is not consistent with the General Plan or any applicable specific plans or adopted policies of the city.

(Ord. No. 08-3)

(3) The site is not physically suitable for the type of development proposed.

(Ord. No. 08-3)

(4) The site is not physically suitable for the proposed density of development.

(Ord. No. 08-3)

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

(Ord. No. 08-3)

(6) The design of the subdivision or the type of improvements are likely to cause serious public health problems.

(Ord. No. 08-3)

(7) 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. In this connection, the Planning Commission, acting on an appeal may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection 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 Zoning Administrator or Planning Commission, acting on an appeal, to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(Ord. No. 08-3)

(9) The waste discharge into the city sewer system from the proposed subdivision would add to, or result in, violations of requirements imposed by the California Regional Water Quality Control Board.

(Ord. No. 08-3)

Sec. 94-156. Expiration and extensions.

(a) Expiration.

(1) Time period. The approval or conditional approval of a tentative map shall expire 24 months after the date of approval by the Zoning Administrator, Planning Commission, or City Council, acting on an appeal. An extension to the expiration date may be approved as provided in subsection 2 of this section.

(Ord. No. 08-3)

(2) Exclusions.

a. The period of time specified shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative parcel map only if a stay of the time period is approved by the City Council. Within 10 days of the service of the initial petition or complaint upon the city, the subdivider shall, in writing, to the Zoning Administrator, request a stay in the time period of the tentative parcel map. Within 40 days after receiving such request, the City Council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the City Council shall, within 10 days, declare its findings.

(Ord. No. 08-3)

b. The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66463.5 of the Subdivision Map Act.

(Ord. No. 08-3)

(3) Termination of proceedings. The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings and no parcel map of all or any portion of the real property included within the tentative parcel map shall be filed without first processing a new tentative parcel map.

(Ord. No. 08-3)

(4) Processing prior to expiration. If the signed parcel map and agreement are submitted to the City Engineer prior to the expiration of the tentative parcel map, approval, processing and recording may occur after the expiration date of the tentative map.

(Ord. No. 08-3)

(b) Extensions.

(1) Request by subdivider. The subdivider or engineer may request an extension of the expiration date of the approved or conditionally approved tentative parcel map by written application to the Zoning Administrator prior to the expiration of the map. The map shall automatically be extended for 60 days or until the application for extension is approved, conditionally approved or denied, whichever occurs first.

(Ord. No. 08-3)

(2) Zoning Administrator action. A hearing shall be scheduled in front of the Zoning Administrator to consider the request for extension. The Zoning Administrator shall review the request for extension and approve, conditionally approve, or deny the request. The Planning Division shall make a written determination on the request and, if approved or conditionally approved, shall specify the new expiration date. Action taken by the Zoning Administrator to approve, conditionally approve, or deny the request for the extension may be appealed to the Planning Commission pursuant to Section 94-33, Appeals.

(Ord. No. 08-3)

(3) Time limit of extension. The expiration date may be extended pursuant to this section for a period or periods totaling no more than five years.

(Ord. No. 08-3)

Sec. 94-157. Modifications to the approved tentative parcel map.

Modifications to tentative parcel maps may be made in accordance with Article IX, Division 1, Correction and Amendment of Maps, of this chapter.

(Ord. No. 08-3)

Sec. 94-158. Appeals.

Any interested person adversely affected by a decision of the Zoning Administrator with respect to the tentative parcel map may file an appeal with the Planning Commission concerning the decision. The procedure contained in Section 94-33, Appeals, shall apply.

(Ord. No. 08-3)

Secs. 94-159--94-180. Reserved.

DIVISION 2. PARCEL MAPS

Sec. 94-181. General.

The form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of this section and the Subdivision Map Act.

(Ord. No. 08-3)

Sec. 94-182. Survey required.

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.

(Ord. No. 08-3)

Sec. 94-183. Form and contents.

The form and content of the parcel map shall conform to the requirements of Sections 66444-66450 of the Subdivision Map Act and as approved by the City Engineer.

(Ord. No. 08-3)

Sec. 94-184. Preliminary submittal.

The subdivider shall submit prints of the parcel map to the City Engineer for checking. The preliminary prints shall be accompanied by copies of the data, plans, reports and documents as required for parcel maps by Section 94-183, Form and Contents. The City Engineer may waive any of the requirements if the location and nature of the proposed subdivision or existing documentation demonstrates that compliance with the requirements of section 94-183 is not necessary.

(Ord. No. 08-3)

Sec. 94-185. Review by City Engineer and Zoning Administrator.

The City Engineer and Zoning Administrator shall review the parcel map and the subdivider's engineer shall make corrections and/or additions until the map is acceptable to the City Engineer. The subdivider's engineer shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the statements on the map, to the City Engineer.

(Ord. No. 08-3)

Sec. 94-186. Approval by City Engineer.

The City Engineer shall approve the parcel map if it complies with the requirements of the Subdivision Map Act, this chapter, the tentative map and all conditions thereof. The City Engineer may accept, accept subject to improvements, or reject dedications or offers of dedication that are made by a statement on the map.

(Ord. No. 08-3)

Sec. 94-187. Filing with County Recorder.

The City Clerk or authorized agent shall file the approved parcel map directly with the County Recorder.

(Ord. No. 08-3)

Secs. 94-188--94-210. Reserved.

ARTICLE IV. VESTING TENTATIVE MAPS

DIVISION 1. VESTING TENTATIVE MAPS

Sec. 94-211. Vesting tentative maps.

(a) Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with the provisions of this article. Whenever reference is made throughout this article to vesting tentative map, such reference also includes vesting tentative parcel map.

(Code 1965, § 4481; Ord. No. 1010; Ord. No. 1086; Ord. No. 08-3)

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

(Code 1965, § 4481; Ord. No. 1010; Ord. No. 1086; Ord. No. 08-3)

Sec. 94-212. Procedures.

(a) Filing and processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth for a tentative map in Article II, Division 1, Tentative Maps and Article III Division 1, Tentative Parcel Maps, except as provided herein:

(Code 1965, § 4482; Ord. No. 1010; Ord. No. 1086; Ord. No. 08-3)

(1) At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

(Ord. No. 08-3)

(2) A subdivider shall obtain all discretionary approvals that will be required under this chapter in conjunction with the approval or conditional approval of the vesting tentative map in order to construct the development. An application for a vesting tentative map shall be determined to be incomplete if other required discretionary permit applications have not been submitted at the same time.

(Ord. No. 08-3)

(b) Fees. Upon filing a vesting tentative map, the subdivider shall pay the fees required by city for the filing and processing of a tentative map.

(Ord. No. 08-3)

(c) Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same period, and shall be subject to the same extensions established by the Subdivision Ordinance for the expiration of the approval or conditional approval of a tentative map (See Section 94-97, Expiration and Extensions).

(Ord. No. 08-3)

Sec. 94-213. Vesting of development rights.

(a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, polices and standards in effect at the time that an application is determined to be complete by the city, provided that any fees required as a condition of approval of a vesting tentative map, unless otherwise specified, shall be payable at the rates in effect at the time building permits are issued. This section is further governed by Government Code §§ 65943 and 66474.2 and any successor legislation. This article shall not be interpreted to create any rights for subdividers beyond those expressly required by the Vesting Tentative Map Law (Government Code § 66498.1 et seq., as may from time to time be amended).

(Ord. No. 08-3)

(b) Notwithstanding subsection (a) of this section, a subsequent permit, approval, extension, building permit, or entitlement may be made conditional or denied pursuant to later ordinances, policies and standards if any of the following are determined:

(Ord. No. 08-3)

(1) A failure to do so would place the residents of the subdivision or the immediate community in a condition dangerous to their health or safety; or

(Ord. No. 08-3)

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

(Ord. No. 08-3)

(c) The rights referred to in this article shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 94-212 (c), Expiration. If the final map is approved, these rights shall last for the following periods of time:

(Ord. No. 08-3)

(1) An initial time period of one year beyond the recording of the final map. Where several 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.

(Ord. No. 08-3)

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

(Ord. No. 08-3)

(3) If the subdivider submits a complete application for a building permit during the periods of time prior to the expiration of the final map, the rights referred to in this chapter shall continue until the expiration of such building permit or any extension of that permit.

(Ord. No. 08-3)

Secs. 94-214--94-240. Reserved.

ARTICLE V. DEDICATIONS AND RESERVATIONS

DIVISION 1. DEDICATIONS AND RESERVATIONS

Sec. 94-241. Purpose.

The purpose of this division is to establish the dedications and reservations that the city may impose on a subdivider as a condition for approval of a tentative map or a parcel map.

(Code 1965, § 4491; Ord. No. 1010; Ord. No. 1086; Ord. No. 08-3)

Sec. 94-242. Streets, alleys and other public rights-of-way or easements.

When required as a condition for approval of a tentative map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision that is needed for streets and alleys, including access rights and abutters' rights, drainage, public greenways, scenic easements, public utility easements, and other public easements according to the standards listed below. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.

(Ord. No. 08-3)

(a) Streets. The subdivider shall dedicate land for streets according to adopted city standards.

(Ord. No. 08-3)

(b) Public easements. The subdivider shall dedicate easements of at least 10 feet in width for public utility, sanitary sewer and drainage purposes on each side of rear lot lines, along side lot lines, and in planting strips wherever necessary. Easements of different width may be required, based on the Public Works Director's determination.

(Ord. No. 08-3)

Sec. 94-243. Bicycle paths.

When required as a condition for approval of a tentative map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of land that is needed to provide bicycle paths for the use, safety, and benefit of the residents of the subdivision.

(Ord. No. 08-3)

Sec. 94-244. Transit facilities.

When required as a condition for approval of a tentative map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of a subdivision.

(Ord. No. 08-3)

Sec. 94-245. Solar access easements.

At such time as the city has adopted solar access standards, and when required as a condition for approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of easements for the purpose of assuring that each parcel or unit in the subdivision for which approval is sought has the ability to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. The dimensions and locations of such easements shall be in accord with any standards for solar access adopted by the City Council.

(Ord. No. 08-3)

Sec. 94-246. Parkland.

As a condition of approval of a tentative map, the city shall require the subdivider to dedicate or make an irrevocable offer of dedication of land, to pay a fee in lieu thereof, or a combination of both, for open space, park and recreational purposes, according to the provisions of Article IV, Park Land Requirements, and Article V, Parkland Dedication, of Chapter 78 of the Municipal Code.

(Ord. No. 08-3)

Sec. 94-247. School sites.

As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within one or more school districts maintaining a school may be required to dedicate to the school district or districts such lands as the district shall deem necessary for the purpose of constructing schools necessary to assure the residents of the subdivision adequate elementary school service.

(Ord. No. 08-3)

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

(Ord. No. 08-3)

(b) Payments to subdivider. The school district shall, if it accepts the dedication of land, repay the subdivider the original cost of the dedicated land, plus a sum equal to the total of the following:

(Ord. No. 08-3)

(1) Improvement costs. The cost of any improvements to the dedicated land since acquisition by the subdivider;

(Ord. No. 08-3)

(2) Assessed taxes. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication; and

(Ord. No. 08-3)

(3) Other costs. Any other costs incurred by the subdivider to maintain the dedicated land, including interest costs incurred on any loan on the land.

(Ord. No. 08-3)

(c) Exceptions. The requirements for dedication shall not apply to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map.

(Ord. No. 08-3)

Sec. 94-248. Watercourses and drainage facilities.

(a) The subdivider shall provide the necessary right-of-way dedication or easements for buffer areas and setbacks for watercourses, streams, and storm drains as required by the City Engineer, and consistent with the Zoning Ordinance.

(Ord. No. 08-3)

(b) Except as may be approved by the Planning Commission, there shall be sufficient right-of-way dedicated to the city to maintain a natural channel, floodplain, or open space as may be shown the General Plan, including right-of-way for a trail as may be shown on the city's Trails Master Plan.

(Ord. No. 08-3)

(c) Drainage facilities shall be installed in accord with the appropriate Drainage Area Plan, the General Plan, and other city requirements.

(Ord. No. 08-3)

(d) Storm drain easements not less than 10 feet in width shall be provided by the subdivider where required for construction and maintenance purposes.

(Ord. No. 08-3)

Sec. 94-249. Acceptance of dedications.

At the time the city approves a final map or parcel map, the city shall also accept subject to improvement, or reject, any offer of dedication. The City Clerk shall certify or state on the map the city's action.

(Ord. No. 08-3)

(a) Offers of dedication. If, at the time the final map or parcel map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities which directly benefit the residents of a subdivision, or storm drainage easements are not accepted by the City Council, the offer of dedication shall remain open and the City Council may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.

(Ord. No. 08-3)

(b) Termination of offers. Offers of dedications may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code.

(Ord. No. 08-3)

Sec. 94-250. Recording dedications.

The city shall record a certificate with the County Recorder for any dedication for public purpose or for making public improvements or constructing public facilities, other than for open space, parks, or schools. The certificate shall be attached to the map and shall contain all of the following:

(Ord. No. 08-3)

(a) The name and address of the subdivider dedicating the property.

(Ord. No. 08-3)

(b) A legal description of the real property being dedicated.

(Ord. No. 08-3)

(c) A statement that the city shall reconvey the property to the subdivider if the city makes a determination that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.

(Ord. No. 08-3)

Sec. 94-251. Reservations.

(a) General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.

(Ord. No. 08-3)

(b) Standards for reservation. Where a park, recreational facility, fire station, library, or other public use is shown on any specific plan or the General Plan, the subdivider may be required by the city to reserve sites determined by the city to be in accordance with the policies and standards of the applicable plan. The reserved area must be of such size and shape as to permit the balance of the property to develop in an orderly and efficient manner. The amount of land reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or the General Plan, and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

(Ord. No. 08-3)

(c) Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final, enter into a binding agreement to acquire the reserved area within two years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.

(Ord. No. 08-3)

(d) Payment. The purchase price shall be the market value of the reserved land at the time of the filing of the tentative map, plus the taxes against the reserved land from the date of the reservation and any maintenance costs incurred by the subdivider including interest costs incurred on any loan covering the reserved area.

(Ord. No. 08-3)

(e) Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement, as provided for in Government Code § 66480, the reservation of the area shall automatically terminate.

(Ord. No. 08-3)

Secs. 94-252--94-280. Reserved.

ARTICLE VI. IMPROVEMENTS AND DESIGN STANDARDS

DIVISION 1. IMPROVEMENTS

Sec. 94-281. General.

The subdivider shall construct all required improvements, both on-site and off-site, according to standards approved by the city.

Sec. 94-282. Improvements required.

(a) General. All improvements as may be required as conditions of approval of a tentative map or city ordinance, together with, but not limited to the following shall be required of all subdivisions.

(Ord. No. 08-3)

(1) Requirements for construction of on-site and off-site improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.

(Ord. No. 08-3)

(2) As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public, subject to the provisions of Sections 66485-66489 of the Subdivision Map Act.

(Ord. No. 08-3)

(b) Frontage improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions. Crosses shall be placed on the top of the street curb, if any, at the intersection of the extension of the property line of each lot and the curb location.

(Ord. No. 08-3)

(1) Pedestrian ways 10 feet or more in width may be required:

(Ord. No. 08-3)

a. Through the middle of blocks that are more than 1,200 feet in length;

(Ord. No. 08-3)

b. To connect culs-de-sac;

(Ord. No. 08-3)

c. To provide access to playgrounds, parks, schools, shopping centers, or similar community facilities; and/or

(Ord. No. 08-3)

d. To provide access to trails or bikeways shown on the Trails Master Plan.

(Ord. No. 08-3)

(2) The subdivider shall install paving, landscaping, and fences as, approved by the Planning Commission unless otherwise waived.

(Ord. No. 08-3)

(d) Bikeways.

(1) Bikeways shall be required as may be required by the City Engineer and Zoning Administrator in all locations shown on the General Plan and the city's Trails Master Plan, or as approved by the Planning Commission and City Council.

(Ord. No. 08-3)

(2) Widths shall be as established by the Trails Master Plan, and subject to approval by the City Engineer and Zoning Administrator.

(Ord. No. 08-3)

(3) Appropriate signs as may be required by the City Engineer shall be furnished and installed by the subdivider.

(Ord. No. 08-3)

(e) Trails.

(1) Trail improvements shall be provided and graded out as may be required by the City Engineer and Zoning Administrator in all locations shown in the General Plan and the city's Trails Master Plan, or as approved by the Planning Commission and City Council.

(Ord. No. 08-3)

(2) Improvements (e.g., fencing, signs, etc.) shall be provided as necessary for the public health, safety, and general welfare.

(Ord. No. 08-3)

(f) Street trees.

(1) The subdivider shall be required to plant street trees at 30 feet on center along all public or private streets within and/or bordering the subdivision.

(Ord. No. 08-3)

(2) The trees shall be of a species and size which are approved by the Design Review Board in accordance with the Street Tree Master Plan or applicable Design Guidelines for each particular street.

(Ord. No. 08-3)

(3) The exact location, species, and size of trees approved to be installed shall be shown on the improvement and landscape plans.

(Ord. No. 08-3)

(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 watershed. 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.

(Ord. No. 08-3)

(h) Sanitary sewers. Each unit or lot within the subdivision shall be served by the city's sewer collection system as required by Chapter 110, Article II of the Municipal Code, unless an individual system is permitted thereunder.

(Ord. No. 08-3)

(i) Water supply. Each unit or lot within the subdivision shall be served by an approved domestic water system.

(Ord. No. 08-3)

(j) Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and cable television facilities. All utility distribution facilities (including but not limited to electric, video service, communication, and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be placed underground in accordance with the utility's rules and regulations on file with the state Public Utilities Commission and also pursuant to Chapter 110, Article III, of the Municipal Code. Equipment appurtenant to underground facilities, such as transformers, streetlight poles, pedestal-mounted terminal boxes, and meter cabinets and concealed ducts, may be installed above the surface of the ground.

(Ord. No. 08-3)

(k) Fire hydrants.

(1) Subdividers shall install fire hydrants, gated connections, and appurtenances as required by the Contra Costa County Fire Protection District. Such hydrants, connections, and appurtenances shall be shown on the improvement plans.

(Ord. No. 08-3)

(2) The plans shall be reviewed and approved by the Contra Costa County Fire Protection District.

(Ord. No. 08-3)

(3) The inspection and approval of fire hydrants, gated connections, and appurtenances, as herein required, shall be by the Chief of the Contra Costa Fire Protection District.

(Ord. No. 08-3)

(l) Walls and fences. Along any street where lots front on one street, but back up to another street, or where no vehicular access is allowed, a decorative masonry wall at least six feet in height, as measured from the highest adjacent finish elevation, shall be provided. The design and material of said wall shall be reviewed and approved by the Design Review Board. The setback of such fencing from the right-of-way line may be varied, but shall average of five feet, except that a lesser average setback may be allowed by the Planning Commission where a monolithic sidewalk is to be developed. All unpaved areas shall be landscaped, and a funding mechanism, such as a homeowners' association shall be created, and recordation of an agreement with the city will be required, to ensure maintenance of all landscaping and fencing.

(Ord. No. 08-3)

(m) Off-site improvements. If the subdivider is required to construct off-site improvements on land in which neither the city or the subdivider have sufficient title or interest to allow construction, the city shall, within 120 days of recording the final map acquire by negotiation or commence condemnation of the land. If the city fails to meet the 120-day time limit, the condition for the construction shall be waived. Prior to approval of the final map, the city may require the subdivider to enter into an agreement to complete the off-site improvements at the time the city acquires title or interest in the land. The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements.

(Ord. No. 08-3)

Sec. 94-283. Improvement plans.

Before beginning construction of any improvements, a complete set of plans, profiles, cross sections, and other drawings for all improvements, together with a complete set of detailed specifications for the work, shall be submitted to the City Engineer for review. All work shall be according to city standards and specifications. After being signed, the City Engineer shall be furnished, without cost, one or more complete sets as required. No work shall commence without signed plans.

(Ord. No. 08-3)

Sec. 94-284. Design of improvements.

The design and layout of all required improvements both on and off site, private and public, shall conform to generally acceptable engineering standards, to the city's Street Standards and Standard Plans and Specifications, to such standards as approved by the City Engineer, and, where applicable, to the standards of Article VII, Division 2, Design Standards of this chapter.

(Ord. No. 08-3)

Sec. 94-285. Improvement agreements.

The subdivider shall enter into an improvement agreement for the construction of the required improvements. Such agreement is subject to the approval of the City Manager as recommended by the City Engineer and approved as to form by the City Attorney. The agreement shall provide for:

(Ord. No. 08-3)

(a) Construction of all improvements according to the approved plans and specifications on file with the City Engineer;

(Ord. No. 08-3)

(b) Specified times for completion of improvements;

(Ord. No. 08-3)

(c) Right by city to require changes to the plans and specifications in accordance with the development requirements and to require the subdivider to pay for the modifications;

(Ord. No. 08-3)

(d) Payment of applicable fees as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services;

(Ord. No. 08-3)

(e) Improvement security as required by this article;

(Ord. No. 08-3)

(f) Posting of a one-year warranty bond guaranteeing the constructed improvements from defects;

(Ord. No. 08-3)

(g) Release and indemnification of the city from all liability incurred by the development and payment of all reasonable attorney's fees that the city may incur because of any legal action arising from the development; and

(Ord. No. 08-3)

(h) Any other provisions required by the city as reasonably necessary to comply with the requirements of this chapter.

(Ord. No. 08-3)

Sec. 94-286. Deferred improvement agreements.

(a) Subdivisions. The improvements serving the subdivision may be deferred when deemed necessary by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider and the city shall enter into a Deferred Construction of Improvement Agreement which shall provide that the subdivider and/or owner of the real property pay the city, in cash, the estimated cost of constructing the improvements based upon the estimate of the subdivider's engineer as reviewed and approved by the City Engineer. If the subdivider or subsequent owner(s) of the subdivision desire to construct the improvements, the city will release the deposit to the subdivider or subsequent owner(s) of the subdivision upon completion of the improvements as inspected and accepted by the city as complete.

(Ord. No. 08-3)

(b) Remainders. Wherever there is a remainder parcel, the subdivider may enter into an agreement with the city to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel. The improvements shall be at the subdivider's expense. In the absence of an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the map, upon a finding that fulfillment of the construction requirements is necessary for reasons of:

(Ord. No. 08-3)

(1) The public health and safety, or

(Ord. No. 08-3)

(2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.

(Ord. No. 08-3)

Sec. 94-287. Improvement security.

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter, for which security is required, shall be secured in accordance with Section 66499 et seq. of the Subdivision Map Act and as provided below.

(Ord. No. 08-3)

(a) Improvement security required. No final map or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this section have been received and approved.

(Ord. No. 08-3)

(b) Warranty security. Upon acceptance of the subdivision improvements by the city, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements throughout the warranty period of one year following completion and acceptance of the improvements. The amount of the warranty security shall be not less than 15 percent of the cost of the construction of the improvements, including the cash bond, which shall be retained for the one-year warranty period.

(Ord. No. 08-3)

(c) Form of security. The form of security shall be one or the combination of the following at the option and subject to the approval of the city.

(Ord. No. 08-3)

(1) Bond or bonds by one or more duly authorized corporate sureties. The provisions of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Subdivision Map Act.

(Ord. No. 08-3)

(2) An instrument of credit or certificate of deposit from one or more financial institutions subject to regulation by the State or federal government with an office located in the nine Bay Area counties and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

(Ord. No. 08-3)

(3) A deposit, either with the city or a responsible escrow agent or trust Company, at the option of the city, of money or negotiable bonds of the kind approved for securing deposits of public money.

(Ord. No. 08-3)

(d) Amount of security. A performance bond or security in the amount of 100 percent of the estimated improvement cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of 100 percent of the estimated improvement cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors and to persons furnishing labor, materials or equipment for the construction or installation of improvements. The foregoing shall not apply to a California nonprofit corporation that is funded by a government agency if the corporation complies with Section 66499.3(c) of the Subdivision Map Act.

(Ord. No. 08-3)

(e) Estimated improvement cost. The estimated improvement cost shall be subject to the City Engineer's review and approval. The estimate shall be based on the cost to the city if the city were to construct the improvements if the subdivider fails to perform the work. The cost shall include contingency, design, construction administration, adjustment due to inflation as necessary, and other reasonable expenses and fees, including attorney's fees, that may be incurred in enforcing the obligation secured.

(Ord. No. 08-3)

(1) Ten percent of the total construction cost for contingencies;

(Ord. No. 08-3)

(2) All utility installation costs or a statement acceptable to the City Engineer from the utility company that adequate security has been deposited to ensure installation;

(Ord. No. 08-3)

(3) In addition to the full amount of the security, there shall be included estimated costs and reasonable expenses and fees, including attorney's fees, which may be incurred in enforcing the obligation secured.

(Ord. No. 08-3)

(f) Release of improvement securities.

(1) Performance security. The performance security shall be released only upon acceptance of the improvements by the city and when an approved warranty security has been filed with the City Engineer. If warranty security is not submitted, performance security shall be released 12 months after acceptance of improvements and correction of all warranty deficiencies.

(Ord. No. 08-3)

(2) Labor and materials security. Security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials or equipment may, 30 days after the completion and acceptance of the improvements by the City Council or City Engineer, be reduced to an amount equal to the amount of claims therefore filed and of which notice has been given to the City Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

(Ord. No. 08-3)

(3) Warranty security. The warranty security shall be released upon satisfactory completion of the warranty period provided:

(Ord. No. 08-3)

a. All deficiencies appearing on the final deficiency list for the subdivision have been corrected;

(Ord. No. 08-3)

b. Not less than 12 months have elapsed since the acceptance of the improvements by the City Council.

(Ord. No. 08-3)

CITY GOVERNMENT

Chapter 94 SUBDIVISIONS*

ARTICLE I. GENERAL PROVISIONS

DIVISION 1. INTRODUCTORY PROVISIONS

Sec. 94-1. Citation and authority.

Sec. 94-2. Purpose.

Sec. 94-3. Application.

Sec. 94-4. Exceptions.

Sec. 94-5. Interpretation.

Sec. 94-6. Severability.

DIVISION 2. ADMINISTRATION AND COMMON PROCEDURES

Sec. 94-31. Responsibilities.

Sec. 94-32. Notification procedures for public hearings.

Sec. 94-33. Appeals.

Sec. 94-34. Fees and deposits.

DIVISION 3. MAPS REQUIRED

Sec. 94-61. General.

Sec. 94-62. Major subdivisions.

Sec. 94-63. Minor subdivisions.

ARTICLE II. MAJOR SUBDIVISIONS

DIVISION 1. TENTATIVE MAPS

Sec. 94-91. General.

Sec. 94-92. Form and contents.

Sec. 94-93. Accompanying data and reports.

Sec. 94-94. Department review and referral.

Sec. 94-95. Public hearing.

Sec. 94-96. Planning Commission action.

Sec. 94-97. Expiration and extensions.

Sec. 94-98. Amendments to approved tentative map.

Sec. 94-99. Appeals.

DIVISION 2. FINAL MAPS

Sec. 94-121. General.

Sec. 94-122. Submittal by units.

Sec. 94-123. Survey required.

Sec. 94-124. Monuments required.

Sec. 94-125. Form and contents.

Sec. 94-126. Submittal for city approval.

Sec. 94-127. Action by City Council.

Sec. 94-128. Filing with the County Recorder.

ARTICLE III. MINOR SUBDIVISIONS

DIVISION 1. TENTATIVE PARCEL MAPS

Sec. 94-151. General.

Sec. 94-152. Form and contents.

Sec. 94-153. Zoning Administrator review and referral.

Sec. 94-154. Public notice.

Sec. 94-155. Action on the tentative parcel map.

Sec. 94-156. Expiration and extensions.

Sec. 94-157. Modifications to the approved tentative parcel map.

Sec. 94-158. Appeals.

DIVISION 2. PARCEL MAPS

Sec. 94-181. General.

Sec. 94-182. Survey required.

Sec. 94-183. Form and contents.

Sec. 94-184. Preliminary submittal.

Sec. 94-185. Review by City Engineer and Zoning Administrator.

Sec. 94-186. Approval by City Engineer.

Sec. 94-187. Filing with County Recorder.

ARTICLE IV. VESTING TENTATIVE MAPS

DIVISION 1. VESTING TENTATIVE MAPS

Sec. 94-211. Vesting tentative maps.

Sec. 94-212. Procedures.

Sec. 94-213. Vesting of development rights.

ARTICLE V. DEDICATIONS AND RESERVATIONS

DIVISION 1. DEDICATIONS AND RESERVATIONS

Sec. 94-241. Purpose.

Sec. 94-242. Streets, alleys and other public rights-of-way or easements.

Sec. 94-243. Bicycle paths.

Sec. 94-244. Transit facilities.

Sec. 94-245. Solar access easements.

Sec. 94-246. Parkland.

Sec. 94-247. School sites.

Sec. 94-248. Watercourses and drainage facilities.

Sec. 94-249. Acceptance of dedications.

Sec. 94-250. Recording dedications.

Sec. 94-251. Reservations.

ARTICLE VI. IMPROVEMENTS AND DESIGN STANDARDS

DIVISION 1. IMPROVEMENTS

Sec. 94-281. General.

Sec. 94-282. Improvements required.

Sec. 94-283. Improvement plans.