Title 18
SUBDIVISIONS

Chapters:

18.04 Subdivision Policy and Procedure

18.05 Exemption from Provisions of State Subdivision Map Act and Parcel Map Requirements

18.08 Definitions

18.12 Tentative Maps

18.13 Vesting Tentative Maps

18.16 Final Maps

18.20 Parcel Maps

18.24 Adjustment Plats

18.28 Deposits and Fees

18.32 Design Requirements

18.36 Improvements

18.40 Dedications

18.44 Covenants, Planned Unit Developments and Condominium Subdivisions

18.48 Violations and Remedies

18.52 Appeals

18.54 Recodified

Chapter 18.04
SUBDIVISION POLICY AND PROCEDURE*

Sections:

18.04.010 Statutory authority.

18.04.020 Purpose, intent and scope of provisions.

18.04.030 Criteria for division and development of land – Generally.

18.04.040 Criteria for division and development of land – Adherence to general plan, zoning ordinance and, where applicable, local coastal program required.

18.04.050 Criteria for division and development of land – Street design and alignment and environmental protection.

18.04.060 Criteria for division and development of land – Community facilities to be provided – Procedure.

18.04.070 Subdivider – Responsibilities generally.

18.04.080 Director of planning – Responsibilities generally.

18.04.090 Director of public works – Responsibilities generally.

18.04.100 Planning commission – Responsibilities generally.

18.04.110 Maps – Filing and recordation required.

18.04.120 Provisions to be construed as restatements and continuations.

* For provisions of the statutory Subdivision Map Act, see Bus. and Prof. Code § 11500; for statutory authority for cities to regulate division of land which is not subdivision, see Bus. and Prof. Code § 11540.1; for statutory exclusions of land from subdivision, see Bus. and Prof. Code § 11700, et seq.

18.04.010 Statutory authority.

This chapter is enacted pursuant to the authority granted by Section 66421 of the Government Code of the state of California and in accordance with the limitations of Section II of Article XI of the Constitution of the state, the general laws of the state, and Section 66410, et seq., of the Government Code of the state, known as the Subdivision Map Act. The provisions of this chapter are in addition to the regulations of said Subdivision Map Act and are supplemental thereto, consistent with and not in conflict with the provisions of said act. In the event of any conflict arising between the provisions of the certified local coastal program (LCP) and the subdivision ordinance or other legal authorities applying to the subdivision ordinance, the LCP shall control. (Ord. 2100 § 1, 1985).

18.04.020 Purpose, intent and scope of provisions.

The purpose of this title, and any rules, regulations, standards or specifications adopted pursuant thereto, is to control and regulate the division or consolidation of land within the city as well as such land as may be hereafter annexed to the city and to provide for a clear and expeditious procedure for this purpose. Said rules and regulations adopted pursuant to this title as well as the regulations contained herein shall be applicable to the resubdivision of land or the alteration of the size and shape of any existing parcel of record. It is the specific intent of the city council to establish by local ordinance requirements for the recordation of a final subdivision map when land is to be divided into five or more parcels, or a parcel map where land is to be divided into less than five parcels, in conformity with the authorization of the State Subdivision Map Act, with the exception of those divisions of land as set forth herein. It is further the purpose of these regulations to require the subdivider to properly install streets and drains in accordance with the provisions of the State Subdivision Map Act and the standards and specifications adopted by the city; to require the subdivider to do the original work of placing the streets in a proper condition before the maintenance thereof is taken over by the city and to relieve the taxpayers of the city to this extent of the burden that would otherwise exist; to provide for the regulation and control of the design and improvement of a subdivision with a proper consideration of its relation to adjoining areas and the effect said subdivision would have on such areas; to require the establishment of open spaces and recreational areas in accordance with rules and regulations that presently exist or may hereafter be adopted; to provide for the designation and acquisition of sites for necessary public facilities to serve residential areas that are developed as the result of the subdivision of land; in the coastal zone, as defined in Public Resources Code Section 30103, to require full compliance with the provisions of the certified local coastal program; and to prevent fraud and exploitation in the sale of subdivisions or parts thereof in the interests of protecting the public, which has been declared to be the public policy of the state of California. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.102).

18.04.030 Criteria for division and development of land – Generally.

The subdivider shall adhere to the following criteria set forth in CVMC 18.04.040 through 18.04.060 in the preparation of a subdivision map or a parcel map for the division of land, as more specifically defined in this title or other provisions of this code. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.104).

18.04.040 Criteria for division and development of land – Adherence to general plan, zoning ordinance and, where applicable, local coastal program required.

The general plan of the city, as presently adopted or as it may hereafter be amended, is accepted as a guide for the use of all land within the boundaries of the city and for those properties located in the unincorporated area wherein land use is defined in said general plan. All land shall be subdivided and developed in accordance with the provisions and regulations of the comprehensive zoning ordinance of the city as it may be applied to the property subject to subdivision at the time of the filing of a subdivision map, or in accordance with such zoning as may later be applied to the property as a condition of a zoning ordinance incorporating land into a particular zone subject to the filing of a subdivision map. In the coastal zone, as defined in Public Resources Code Section 30103, the certified local coastal program shall constitute the standard for all use of land. No subdivision approval shall be given to any project located in the coastal zone which is found to be in conflict with the certified local coastal program. The type and intensity of land use as shown in the Bayfront Land Use Plan shall determine the types of streets, roads, highways, utilities, and public services that shall be provided by the subdivider. For lands within the coastal zone, the subdivider shall obtain a coastal development permit, as prescribed in Chapter 19.83 CVMC, in addition to the other requirements of this code. (Ord. 2506 § 1, 1992; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.104(1)).

18.04.050 Criteria for division and development of land – Street design and alignment and environmental protection.

In designing and aligning streets within the subdivision, consideration shall be given to the previously established street and highway network contiguous to the proposed subdivision, the effect of the extension of said streets and alignment thereof in undeveloped land surrounding the subdivision, provision for uniformity of street widths, and for the total program of properly relating street alignments and street names. Preservation of the privacy and safety of streets in residential areas shall be encouraged by the minimizing of through traffic in such areas. The number of intersections on through streets and highways shall be reduced to a minimum consistent with the basic needs of ingress and egress while insuring adequate access to all areas. Intersections shall be so designed to provide for the greatest safety, both for pedestrians and motorists. Provision shall be made for assuring adequate light, air and privacy on all parcels of property, regardless of the land use. The trees, topography and other natural cover of the land shall be respected, and streets shall be designed so as to prevent excessive grading and scarring of the landscape. In the coastal zone, as defined in Public Resources Code Section 30103, the design and alignment of streets shall be consistent with the provisions of the certified local coastal program. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.104(2)).

18.04.060 Criteria for division and development of land – Community facilities to be provided – Procedure.

The subdivision procedures contained in this title and other requirements and regulations adopted by ordinance and incorporated in this code or by resolution of the city council shall provide necessary land and development thereof for parks, open space, schools, playgrounds and other required public facilities serving said subdivision. This title establishes procedures for the referral of proposed subdivision maps to those boards, bureaus and other governmental agencies and utility companies, both public and private, so that the extension of community facilities and utilities may be accomplished in an orderly manner coincident with a subdivision of land and in accordance with such standards as may be adopted in the general plan for the city. In order to facilitate the acquisition of land areas required to implement this policy, the planning commission may recommend that land be reserved by the subdivider for a certain period of time and subject to such conditions as prescribed herein, to permit the acquisition by the appropriate public agency of said land for open space, parks, playgrounds, and schools and other public purposes. The council may, under such conditions and circumstances as provided in this code, require that land be dedicated or fees be levied to accomplish this purpose. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.104(3)).

18.04.070 Subdivider – Responsibilities generally.

The subdivider shall prepare maps consistent with the design standards contained herein and accomplish improvements consistent with the improvement standards of the city and shall process said maps in accordance with the regulations set forth herein. The subdivider shall fully cooperate in the provision and development of areas for required public facilities. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.105(1)).

18.04.080 Director of planning – Responsibilities generally.

The director of planning shall stamp on the map the date and time received and be responsible for the review, the expeditious processing and analysis of the planning aspect of tentative maps, and prompt referral thereof to other governmental boards, bureaus and agencies, and affected utility companies, both public and private. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.105(2)).

18.04.090 Director of public works – Responsibilities generally.

The director of public works shall be responsible for acknowledging receipt of final maps and reporting to the city council as to whether the proposed improvements are consistent with the regulations contained herein and shall recommend or conditionally recommend to the city council the acceptance of all such improvements. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.105(3)).

18.04.100 Planning commission – Responsibilities generally.

The planning commission shall act as the “advisory agency” to the city council, and is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions and the conformance of such subdivisions with the general plan and this title, and for the coastal zone as defined in Public Resources Code Section 30103, the certified local coastal program. The planning commission shall report its actions and recommendations concerning the tentative map to the council and the subdivider. The council shall act thereon and report its action to the subdivider. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.105(4)).

18.04.110 Maps – Filing and recordation required.

The subdivider of land shall file a tentative map in the case of a major subdivision, or a preliminary parcel map in the case of a minor subdivision, with the planning department and, as provided in this title, shall procure the recordation respectively of a final subdivision map or a parcel map with the county recorder which shall, in all respects, be in full compliance with the provisions of this code. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.106).

18.04.120 Provisions to be construed as restatements and continuations.

The provisions of this title, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.111(2)).

Chapter 18.05
EXEMPTION FROM PROVISIONS OF STATE SUBDIVISION MAP ACT AND PARCEL MAP REQUIREMENTS

Sections:

18.05.010 Shopping center exemption – State Subdivision Map Act and parcel map requirements.

18.05.010 Shopping center exemption – State Subdivision Map Act and parcel map requirements.

A. In all cases wherein financial arrangements or leasehold agreements are entered into regarding portions of approved shopping centers, the requirements of the State Subdivision Map Act and parcel map requirements specifically contained therein are hereby waived.

B. It shall be the policy of the city to require that no division of land or buildings within such shopping centers shall be allowed, and that any leasing or financing of portions of the premises shall not constitute a division of land or allow for any alienation of such property in a shopping center unless specifically approved by the city council of the city of Chula Vista. All financing or leasing arrangements shall be subject to the approval of the city, and shall be conditioned by specific agreements that no sale of said property into separate ownership, either by negotiation, foreclosure or operation of law, may be undertaken without the filing of an appropriate subdivision or parcel map. (Ord. 2100 § 1, 1985; Ord. 1838 § 1, 1978).

Chapter 18.08
DEFINITIONS

Sections:

18.08.010 Definitions generally.

18.08.020 Alley.

18.08.030 Block.

18.08.040 City manager.

18.08.050 Coastal Commission.

18.08.060 Coastal zone.

18.08.070 Commission.

18.08.080 Council.

18.08.090 Cul-de-sac.

18.08.100 Director of planning.

18.08.110 Director of public works.

18.08.120 Freeway, major road and collector road.

18.08.130 Frontage road.

18.08.140 General plan.

18.08.150 Local coastal program.

18.08.160 Lot.

18.08.170 Map Act.

18.08.180 Map, final subdivision.

18.08.190 Map, parcel.

18.08.200 Map, preliminary parcel.

18.08.210 Standard specifications.

18.08.220 Street, residential and industrial service street.

18.08.230 Street, residential collector.

18.08.240 Subdivider.

18.08.250 Subdivider’s engineer.

18.08.260 Subdivision.

18.08.270 Subdivision, major.

18.08.280 Subdivision manual.

18.08.290 Subdivision, minor.

18.08.300 Subdivision, tentative.

18.08.310 Usable park land.

18.08.320 Vesting tentative map – Vesting tentative parcel map.

18.08.010 Definitions generally.

Whenever any words or phrases used in this title are not defined herein, but are defined in the Government Code or Public Resources Code of the state of California, or in the zoning ordinance or certified local coastal program of the city, such definitions are incorporated herein and shall apply to such words and phrases used herein as though set forth herein in full, unless the context clearly indicates a contrary intention. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.020 Alley.

“Alley” means a street providing only secondary access to abutting property. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.030 Block.

“Block” means an area of land within a subdivision, which area is entirely bounded by streets, highways, or ways, except alleys, or the exterior boundary or boundaries of the subdivision. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.040 City manager.

“City manager” means the city manager of Chula Vista or his duly authorized representative. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.050 Coastal Commission.

“Coastal Commission” means the California Coastal Commission as defined in Public Resources Code Section 30105. (Ord. 2100 § 1, 1985).

18.08.060 Coastal zone.

“Coastal zone” means that land and water area of the city of Chula Vista as defined in Public Resources Code Section 30103 and that is more particularly delineated in Map Number ____ of the maps adopted by the California Coastal Commission on March 27, 1984. (Ord. 2100 § 1, 1985).

18.08.070 Commission.

“Commission” means the planning commission of Chula Vista. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.080 Council.

“Council” means the city council of Chula Vista. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.090 Cul-de-sac.

“Cul-de-sac” means a street open at one end only, and providing at the other end special facilities for the turning around of vehicular traffic. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.100 Director of planning.

“Director of planning” means the director of planning of Chula Vista or his authorized representative. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.110 Director of public works.

“Director of public works” means the director of public works of Chula Vista or his duly authorized representative. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.120 Freeway, major road and collector road.

“Freeway,” “major road” and “collector road” means any vehicular route so designated on the general plan and shall be for the purpose of collecting and carrying large volumes of traffic. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.130 Frontage road.

“Frontage road” means a street contiguous to a freeway, major road, or collector road, separated therefrom by a dividing strip and providing access to abutting property. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.140 General plan.

“General plan” means the general plan of the city, adopted September 22, 1964, and any amendments thereto. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.150 Local coastal program.

“Local coastal program” means the City of Chula Vista Bayfront Local Coastal Program, which consists of the land use plan as certified by the Coastal Commission in March, 1984, and the specific plan and other implementing actions as certified by the Coastal Commission. (Ord. 2100 § 1, 1985).

18.08.160 Lot.

“Lot” means a recorded parcel or portion of land separated from other parcels or portions by description, as on a subdivision map, record of survey map, parcel map or by metes and bounds, for purpose of sale, lease or separate use as of the effective date of the ordinance codified herein or as subsequently created in accordance with this title. The term “lot” shall further include any parcel which, at the time of annexation to the city, is a parcel of record. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.170 Map Act.

“Map Act” means the Subdivision Map Act of the state of California. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.180 Map, final subdivision.

“Final subdivision map” means a map prepared in accordance with the provisions of this title and the Subdivision Map Act of the state, which map is designed to be placed on record in the office of the San Diego County recorder. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.190 Map, parcel.

“Parcel map” means a map and/or the process of dividing or consolidating land under the conditions set forth in Chapter 18.20 CVMC for the purpose of sale, lease, transfer or financing, whether immediate or future, by any person. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.200 Map, preliminary parcel.

“Preliminary parcel map” means a map made for the purpose of showing the design of a proposed parcel map and the existing conditions in and around it, and need not be based upon a detailed survey of the property. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.210 Standard specifications.

“Standard specifications” means standard specifications and standard drawings prepared by the director of public works and approved by resolution of the city council. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.220 Street, residential and industrial service street.

“Residential street” and “industrial service street” mean a street intended wholly or principally for local traffic, or service to abutting property. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.230 Street, residential collector.

“Residential collector street” means a street intermediate in importance between a residential street and a collector road and which has the purpose of collecting traffic from local streets and carrying it to a major road. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.240 Subdivider.

“Subdivider” means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this title to cause land to be divided into a subdivision for himself or for another, and while used here in masculine gender and singular number, it shall be deemed to mean and include the feminine or neuter gender and plural number whenever required. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.250 Subdivider’s engineer.

“Subdivider’s engineer” means any individual or firm retained by the subdivider, and who is duly qualified to perform the duties of the engineer of work. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.260 Subdivision.

“Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 1350 of the Civil Code; a community apartment project, as defined in Section 11004 of the Business and Professions Code; or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock. (Ord. 2100 § 1, 1985).

18.08.270 Subdivision, major.

“Major subdivision” means any real property, improved or unimproved, or portion thereof, shown on the latest adopted San Diego County tax roll as a unit or as contiguous units, which is divided for the purpose of sale, lease or financing, whether immediate or future, by any subdivider, into five or more parcels. Any division made solely for the purpose of street widening shall not be a subdivision, nor shall any land given under eminent domain proceedings or threat thereof. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.280 Subdivision manual.

“Subdivision manual” means the manual of procedure entitled Subdivision Manual, pertaining to the division or consolidation of land as prepared by the director of public works and approved by resolution of the city council, including amendments to said manual which may be made from time to time. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.290 Subdivision, minor.

“Minor subdivision” means any real property, improved or unimproved, or portion thereof, shown on the latest adopted San Diego County tax roll as a unit or as contiguous units, which is divided for the purpose of sale, lease or financing, whether immediate or future, by any subdivider, into four or less parcels, or the division of land into any number of parcels where the following conditions prevail:

A. The whole parcel before division contains less than five acres, each parcel created by the division abuts upon a public street or highway, and no dedications or improvements are required by the governing body;

B. Any parcel or parcels divided into lots or parcels, each of a gross area of 20 acres or more, and each of which has an approved access to a maintained public street or highway;

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

D. Any parcel or parcels of land divided into lots or parcels, each of a gross area of 40 acres or more or each of which is a quarter-quarter section or larger. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.300 Subdivision, tentative.

“Tentative subdivision” means a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it, and need not be based upon a detailed final survey of the property. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.310 Usable park land.

“Usable park land” means land which meets the following minimum requirements and is determined to be acceptable by the director of parks and recreation:

A. Graded in conformance with a plan approved by the city;

B. All street improvements installed, or bonded for;

C. Turf and/or turf and D.G.;

D. All utilities required by the city, extended to the property line;

E. Irrigation system. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.103).

18.08.320 Vesting tentative map – Vesting tentative parcel map.

“Vesting tentative map” means a tentative map for a residential subdivision which conforms with the requirements of Chapter 18.13 CVMC and confers upon the subdivider certain rights established by this title.

“Vesting tentative parcel map” means a vesting tentative map prepared in conjunction with a parcel map. (Ord. 2134 § 1, 1985).

Chapter 18.12
TENTATIVE MAPS*

Sections:

18.12.010 Filing required – Copies – Time – Instructions.

18.12.015 Vesting tentative maps.

18.12.020 Fees.

18.12.030 Preparation by registered engineer.

18.12.040 Compliance with subdivision manual specifications required.

18.12.050 Director of planning – Duties and responsibilities.

18.12.060 Subdivision and development committee – Membership – Powers and duties.

18.12.070 Director of public works – Duties and responsibilities.

18.12.080 Planning commission – Review and report duties.

18.12.090 City council – Approval or disapproval authority.

18.12.100 Public hearing when – Notice required.

18.12.105 Public hearing on subdivisions in the coastal zone – Notice required.

18.12.110 City clerk to give notice of council determination.

18.12.120 Variance or suspension of requirements granted when – Public hearing required.

18.12.130 Documents and data – Filing required.

18.12.140 Expiration of tentative map and extension of time for filing final map – Application required – Public hearing.

18.12.150 Planning commission – Approval or disapproval of one-lot condominium projects – Appeal.

* For statutory provisions relating to tentative maps, see Bus. and Prof. Code § 11550, et seq.

18.12.010 Filing required – Copies – Time – Instructions.

Each subdivider of either a major or a minor subdivision shall file with the planning department such number of copies of the tentative map as may be required in the subdivision manual. The planning department shall make available to the subdivider or his representative a copy of the subdivision manual and such other instruction sheets providing information relative to the preparation of said tentative map. The time of filing of a tentative map shall be construed to be the time at which the same, together with the required data, is received in the office of the director of planning, who shall indicate the date of filing upon all copies of the tentative map and accompanying data. Two copies of a preliminary title report on the property to be subdivided shall accompany the tentative map. The tentative map shall depict the property proposed to be subdivided and shall further depict all lands in or under option to the subdivider and/or the owner of the property proposed to be subdivided. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.201).

18.12.015 Vesting tentative maps.

The vesting tentative map may be filed and processed in the same manner and subject to the same requirements as a tentative map, except as provided in Chapter 18.13 CVMC. (Ord. 2134 § 2, 1985).

18.12.020 Fees.

Fees shall be paid in accordance with CVMC 18.28.020 through 18.28.090. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.202).

18.12.030 Preparation by registered engineer.

The subdivider shall cause the tentative map of the land proposed to be subdivided to be prepared by a civil engineer registered in the state of California. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.203).

18.12.040 Compliance with subdivision manual specifications required.

The tentative map shall be drawn to such size and scale and contain such information as set forth in the subdivision manual. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.204).

18.12.050 Director of planning – Duties and responsibilities.

Within two working days of the filing of a tentative subdivision map, the director of planning shall transmit the requested number of copies of said map together with accompanying data to such public agencies and public and private utilities as may be concerned. Each of the public agencies and utilities may, within 10 days after the map has been received by such agency, forward to the commission a written report of its findings and recommendations thereon. Within 14 days after submission, the director of planning will hold a conference on the tentative map with the subdivider and the subdivision and development committee. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.205(1)).

18.12.060 Subdivision and development committee – Membership – Powers and duties.

The subdivision and development committee shall consist of the director of planning or designated members of his staff and the director of public works or designated members of his staff. Said committee shall make such recommendations to the subdivider as seem proper regarding such tentative map, and shall recommend consultations by the subdivider with such organizations, including public and private utilities, as it shall designate and shall report its conclusions and findings to the subdivider within seven days of said conference. This procedure is not required in the processing of a parcel map. However, consultation with the director of planning prior to the preparation of a preliminary parcel map is recommended. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.205(2)).

18.12.070 Director of public works – Duties and responsibilities.

The director of public works shall prepare a written report of recommendations on the tentative map in relation to the requirements of this chapter and other applicable regulations of the city or public and private utilities, and shall submit the same to the planning commission within 21 days after receipt of the map. In the coastal zone, the report of the public works director shall also state how the tentative map complies with the requirements of the certified local coastal program and shall be submitted to the redevelopment agency rather than the planning commission for review. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.205(3)).

18.12.080 Planning commission – Review and report duties.

The planning commission shall consider the tentative map as submitted by the subdivider together with the recommendations prepared by the director of public works and the director of planning. The director of planning may, with a minimum of three working days’ notice, require that all or any part of the boundaries and/or streets of a proposed subdivision be flagged at the site to facilitate any field review of the planning commission. The planning commission shall report, in writing, on the map of any subdivision submitted to it within 50 days after the tentative map has been filed and the report shall recommend approval, conditional approval or disapproval. (Exemption: See CVMC 18.12.150 for one-lot condominiums.) The number, size and configuration of lots to be created and the alignment and width of streets and easements shall be clearly depicted upon the tentative map prior to approval by the planning commission. Conditions to make the map approvable which involve modifications to lots in terms of number, size or configuration, or to streets in terms of alignment or width, may be set forth by the commission for the guidance of the subdivider. However, when such conditions are substantial, the committee may require that these changes be incorporated upon a revised tentative map and returned to the director of planning who shall have the authority to approve the revised tentative map on behalf of the planning commission if the map is clearly in conformity with the conditions established by the commission. The director of planning may, at his discretion, require that the revised map be submitted to the commission for approval in any instance where the map is not clearly in conformity with such conditions. (Ord. 2091 § 1, 1984; Ord. 1369, 1971; prior code § 28.205(4)).

18.12.090 City council – Approval or disapproval authority.

Within 10 days or at its next regularly scheduled meeting after receipt of the report of the planning commission on the map, or upon appeal, the city council shall act thereon. If the city council finds that the proposed map complies with the requirements of this chapter, it shall approve the map. If the council finds that the proposed map does not meet the requirements of this chapter, it shall conditionally approve or disapprove said map. In the coastal zone, the proposed map shall in addition meet the requirements of the certified local coastal program and not result in the creation of a parcel or lot proposed for development that is totally located within an environmentally sensitive habitat area or flood hazard area. (Ord. 2100 § 1, 1985; Ord. 2091 § 1, 1984; Ord. 1369, 1971; prior code § 28.205(5)).

18.12.100 Public hearing when – Notice required.

If the subdivision and development committee shall determine that a tentative map is possessed of sufficient public or community interest to justify the holding of a public hearing by the commission prior to action being taken on the map, it may request the director of planning to set such hearing before the planning commission. In the event that a public hearing is held, notice shall be mailed to the subdivider and to the owners of all property within 300 feet of the exterior boundaries of the property involved at least 10 days prior to the date of the hearing. The last known name and address of each owner as shown on the records of the county assessor may be used for the aforementioned notice. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.205(6)).

18.12.105 Public hearing on subdivisions in the coastal zone – Notice required.

At least 10 calendar days before any public hearing on a proposed subdivision in the coastal zone, notice shall be given of the time, date, and place of such hearing, including a general description of the area to be affected, and the street address, if any, of the property involved. Said notice shall be published at least once in a newspaper of general circulation in the city. In addition, notice of the hearing shall be given by mail or delivery to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed change, as well as all residents within 100 feet of the property which is the subject of the proposed change, the California Coastal Commission, and any person who has filed a written request with the city clerk or secretary of the redevelopment agency. Such a request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The redevelopment agency may impose a reasonable fee on persons requesting such notice for purpose of recovering the cost of such mailing. Substantial compliance with these provisions shall be sufficient, and technical failure to comply shall not affect the validity of any action taken pursuant to the procedures of this chapter or the certified local coastal program. (Ord. 2100 § 1, 1985).

18.12.110 City clerk to give notice of council determination.

The city clerk shall notify the subdivider, in writing, of the action taken by the city council. In the coastal zone, the city clerk shall provide notice within seven calendar days of the final decision on the application for a tentative map. Such notice shall include conditions of approval, if any, written findings to support the decision, and the procedures for filing an appeal to the Coastal Commission, if applicable, and shall be sent by first class mail to the subdivider, the Coastal Commission, and any person who specifically requested notice of final decisions on subdivision applications. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.205 (7)).

18.12.120 Variance or suspension of requirements granted when – Public hearing required.

In approving a tentative map, the planning commission or council may grant a suspension of any of the subdivision requirements set forth or referred to in this code, except underground facilities, which may be waived only by the city council; provided, such suspensions are not inconsistent with state law. A variance from the lot area, frontage, width, depth and front yard or setback requirements of the various zones set forth in this code may also be granted by the commission or the council. Any such suspension or variance shall be based upon a sufficient showing that there are special circumstances or conditions affecting the property in question and that such suspension or variance, if granted, will not be materially detrimental to the general welfare of adjacent persons or property, and such other findings for suspension or variance as may be required in other sections of this code. If such suspension or variance is requested, a public hearing shall be conducted as provided in this chapter. In the coastal zone, the city council may grant a variance from the requirements of the certified local coastal program and this chapter only if it does not affect environmentally sensitive habitat or public access to and along the Bayfront, will not otherwise create adverse environmental effects on coastal resources, and written findings based on substantial evidence are adopted in support thereof. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.206).

18.12.130 Documents and data – Filing required.

One copy of the map and accompanying data, together with the planning commission’s report and a record of the city council’s action with conditions of approval, if any, shall be filed in the office of the city clerk and retained until recordation of the final map or maps encompassing the total area included in the tentative map. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.207).

18.12.140 Expiration of tentative map and extension of time for filing final map – Application required – Public hearing.

A. The approved or conditionally approved tentative map shall expire in 36 months in accordance with the total authorized period of the present, or as-amended requirements of Section 66452.6 of the Subdivision Map Act, unless it is extended in accordance with the provisions of this section. Within such time period or the period of any extension thereof, the subdivider may cause a final map to be prepared and submitted to the city council for approval or disapproval in accordance with the tentative map as approved or conditionally approved and in accordance with the Subdivision Map Act and the provisions of this title.

B. The subdivider may request an extension of the approved or conditionally approved tentative map by written application to the director of planning and building. Such application shall be filed at least 30, and not more than 90, days before the approval or conditional approval is due to expire. The application shall state the reasons for the requested extension and at any time within 90 days of the expiration of the map. The director of planning and building shall determine whether a public hearing is required based on changing conditions in the area. After conducting a public hearing or reviewing the requested extension, the planning commission may approve or deny the requested extension. An extension shall not exceed 36 months as provided in Section 66452.6 of the Subdivision Map Act. In the event the planning commission denies a subdivider’s application for extension or refuses to extend the tentative map for the full period as authorized by the Subdivision Map Act, the subdivider may within 15 days appeal to the city council. Following the meeting or the hearing on an appeal from the decision of the planning commission, the city council shall grant or deny the extension. (Ord. 2790, 1999; Ord. 2100 § 1, 1985; Ord. 2008 § 1, 1982; Ord. 1369, 1971; prior code § 28.208).

18.12.150 Planning commission – Approval or disapproval of one-lot condominium projects – Appeal.

The planning commission shall act upon tentative maps for one-lot condominium projects. If the planning commission finds that the proposed map complies with the requirements of this chapter, it shall approve the map. If the commission finds that the proposed map does not meet the requirements of this chapter, it shall conditionally approve or disapprove said map.

The decision of the planning commission is final unless appealed to the city council within 10 days after said decision is filed with the office of the city clerk. The appeal shall be filed with the office of the city clerk on a form prescribed for such purpose and accompanied by a fee as presently listed in the master fee schedule, as well as all necessary maps, exhibits and other documents. (Ord. 2091 § 1, 1984).

Chapter 18.13
VESTING TENTATIVE MAPS

Sections:

18.13.010 Authority.

18.13.020 Filing and processing.

18.13.030 Rights conferred.

18.13.040 Consistency with zoning and general plan.

18.13.010 Authority.

This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state of California – Subdivision Map Act, and is intended to implement the provisions of that chapter. (Ord. 2134 § 3, 1985).

18.13.020 Filing and processing.

A. Whenever this title requires the filing of a tentative map or tentative parcel map for a residential development, the subdivider may file a vesting tentative map or vesting tentative parcel map subject to the provisions of this chapter.

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

C. In addition to the other information required by this title to be shown on or provided with a tentative map or tentative parcel map, a vesting tentative map or vesting tentative parcel map shall show or be accompanied by the following information in a form satisfactory to the director of planning and the city engineer:

1. The height, bulk and location of proposed buildings.

2. The design and specifications of all public facilities including, but not limited to, on- and off-site sewer, water, drainage, roads, and other improvements. The subdivider shall submit detailed geological, drainage, flood control, soils, traffic, or other reports deemed necessary by the city engineer or the director of planning to permit complete review of the design and improvements for the subdivision. The subdivider, for subdivisions over five units, shall also submit a fiscal impact report prepared by an independent economic analyst, analyzing the projected impacts the development will have on services; the report shall include marketing information and a cost benefit analysis for the project.

3. Detailed final grading plans showing existing and proposed finished grades at two-foot intervals.

4. Information on the uses to which the buildings will be put and general architectural renderings of the buildings.

5. Detailed landscape plans.

D. Notwithstanding any other provisions of this code to the contrary, all vesting tentative maps, regardless of the number of lots, shall be considered by the city council after a report and recommendation by the planning commission.

E. Notwithstanding any provisions of this code to the contrary, all vesting tentative parcel maps shall be referred to the planning commission for consideration. The decision of the planning commission shall be final unless the decision is appealed to the city council pursuant to applicable provisions of this code.

F. Notwithstanding any provisions of this code to the contrary, the time for filing a final map for a vesting tentative map shall not be extended. Failure to file a final map within the time period established by this code for tentative maps shall terminate all proceedings, and no final map or parcel map for all or any part of the property included within the vesting tentative map shall be filed without first processing a new map pursuant to this title.

G. Notwithstanding any provision of this code to the contrary, the time for filing a parcel map for a vesting tentative parcel map shall not be extended. Failure to file a parcel map within the time period established by this code shall terminate all proceedings, and no final map or parcel map for all or any part of the property included within the vesting tentative map shall be filed without first processing a new map pursuant to this title.

H. A vesting tentative map or vesting tentative parcel map shall not be approved or conditionally approved unless the city council or planning commission, whichever is the final decision making body, finds on the basis of studies and reports submitted by the subdivider that all public facilities necessary to serve the subdivision or mitigate any impacts created by the subdivision will be available for the entire time that the vesting tentative map or vesting tentative parcel map is valid, plus any time during which the rights conferred by CVMC 18.13.030 exist. (Ord. 2134 § 3, 1985).

18.13.030 Rights conferred.

A. Approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall confer a right to proceed with residential development in substantial compliance with the ordinances, policies and standards described in Section 66474.2 of the Government Code. However, if Section 66474.2 is repealed, the approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map or vesting tentative parcel map was approved or conditionally approved. Any disputes whether a development substantially complies with the approved or conditionally approved map, or with ordinances, policies or standards described in this subsection, shall be resolved by the city council.

B. Notwithstanding subsection (A) of this section, the permit or entitlement for development may be conditionally approved or denied if at the time of the issuance of the permit approval or entitlement, it is determined by the issuing authority or the city council on appeal that:

1. A failure to condition or deny the permit or entitlement would place the residents of the subdivision or of the immediate community or both in a condition dangerous to their health or safety; or

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

C. The rights conferred by a vesting tentative map or vesting tentative parcel map shall expire if:

1. A final map or parcel map is not approved prior to the expiration of the vesting tentative map or the vesting tentative parcel map.

2. The applicant has requested, and the city has approved, a change in the type, density, bulk or design of the development unless an amendment to the vesting tentative map or vesting tentative parcel map has been approved.

D. Upon the filing of a final map or a parcel map for a vesting tentative map or a vesting tentative parcel map, the rights conferred by subsection (A) of this section shall continue for one year. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map or vesting tentative parcel map, this period shall begin for each phase when the final map or parcel map for that phase is recorded.

E. The time period set forth in subsection (D) of this section shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds 30 days from the date a complete application is accepted.

F. The subdivider may apply to the city council for a one-year extension of the rights conferred by subsection (D) of this section at any time before the time period set forth in subsection (D) expires. An extension may be granted only if the council finds that the map still complies with the requirements of this chapter. The city council may approve, conditionally approve, or deny the extension in its sole discretion.

G. If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections (D) through (F) of this section, the rights referred to therein shall continue until the expiration of that building permit or any extension of that permit.

H. Upon the expiration of the time limit specified in subsections (A), (D), (E), (F) or (G) of this section, all rights conferred by this section shall cease and the project shall be considered as the same as any subdivision which was not processed pursuant to this chapter.

I. Notwithstanding subsection (A) of this section, the amount of any fees which are required to be paid either as a condition of the map approval or by operation of any law shall be determined by application of the law or policy in effect at the time the fee is paid. The amounts of the fees are not vested upon approval of the vesting tentative map or tentative parcel map. (Ord. 2134 § 3, 1985).

18.13.040 Consistency with zoning and general plan.

No vesting tentative map or vesting tentative parcel map shall be approved if the proposed map or the design or improvement of the proposed development is not consistent with the applicable general, specific or master plans or with applicable provisions of CVMC Title 19. If development of the project for which a vesting tentative map or vesting tentative parcel map requires any permits or approvals pursuant to CVMC Title 19, those permits or approval shall be processed concurrently with the vesting tentative map or vesting tentative parcel map. A vesting tentative map or vesting tentative parcel map shall not be approved if all other discretionary permits or approvals have not been approved either prior to or concurrently with the approval of the map. (Ord. 2134 § 3, 1985).

Chapter 18.16
FINAL MAPS*

Sections:

18.16.010 Filing required – Time – Preparation specifications – Fee.

18.16.020 Documents to be included – Required generally.

18.16.030 Documents to be included – Closures.

18.16.040 Documents to be included – Grading plans.

18.16.050 Documents to be included – Improvement plans.

18.16.060 Documents to be included – Design data.

18.16.070 Documents to be included – Report and guarantee of clear title.

18.16.080 Documents to be included – Title sheet.

18.16.090 Documents to be included – Engineer’s estimate.

18.16.100 Improvement agreement – To be filed with security instruments – Exception.

18.16.110 Deeds and easements – Filing time – Preparation.

18.16.120 Certificates and documents regarding taxes and assessments.

18.16.130 Engineer’s estimate of improvement costs – Contents – Scope.

18.16.140 Director of public works – Examination and determination duty.

18.16.150 City council determination authority – Requirements to be met.

18.16.160 Action following council approval – Recordation required.

18.16.170 Preparation to be in compliance with subdivision manual.

18.16.180 Monumentation requirements.

18.16.190 Construction prerequisites – Requirements generally.

18.16.200 Construction prerequisites – Plans, specifications, estimates and soil report.

18.16.210 Construction prerequisites – Improvement agreement.

18.16.220 Construction prerequisites – Security arrangements – Generally.

18.16.230 Repealed.

18.16.240 Repealed.

18.16.250 Repealed.

18.16.260 Construction prerequisites – Security arrangements – Posting required prior to endorsement of certificates.

18.16.270 Construction prerequisites – Security arrangements – Applicability to parcel maps.

18.16.280 Construction prerequisites – Completion and payment required before presentation.

18.16.290 Work prior to improvement agreement – Special permit required.

18.16.300 Security arrangements – Progress payments.

18.16.310 Security arrangements – Release of surety.

18.16.320 Security arrangements – Forfeiture of surety – Liability of subdivider when.

18.16.330 Security arrangements – Maintenance bond required.

18.16.340 Improvement security required by reason other than subdivision of land – Applicability of this chapter.

* For statutory provisions regarding form and content of final maps, see Bus. and Prof. Code § 11567.

18.16.010 Filing required – Time – Preparation specifications – Fee.

Within 18 months after approval of the tentative map, or an extension of said approval, the subdivider may cause the subdivision or any unit thereof shown in the tentative map to be surveyed and a final map thereof prepared by a registered civil engineer or licensed surveyor, in conformation with the tentative map as approved or conditionally approved and with the requirements set forth in this chapter. Six blue-line or black-line prints of the final map and such other copies as may be required for checking and approval shall be submitted to the director of public works, together with a checking fee as set forth in CVMC 18.28.020 through 18.28.090. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.301).

18.16.020 Documents to be included – Required generally.

At the time of submitting the final map to the director of public works, the subdivider shall submit therewith the documents listed in CVMC 18.16.030 through 18.16.090. The final map shall not be considered as filed until all documents listed are completed and submitted except as specifically noted. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.302).

18.16.030 Documents to be included – Closures.

Closures of the various lots and blocks, in number and in form approved by the director of public works, shall accompany a closure of the subdivision boundary. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.302(1)).

18.16.040 Documents to be included – Grading plans.

Detailed plans, soil reports, geologic reports and other data shall be included if required under the grading ordinance of the city. In the coastal zone, detailed grading plans, soil reports, liquefaction reports, geologic reports, and other data required by the certified local coastal program shall be included at the time of submittal of the final map to the director of public works. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.302(2)).

18.16.050 Documents to be included – Improvement plans.

Detailed plans, cross-sections, profiles and specifications in the number specified by the director of public works of the improvements to be installed as required by the provisions of this chapter and by the standard specifications, and of all other improvements proposed to be installed by the subdivider in, on, over or under any street right-of-way, easement or parcel of land dedicated by the map or previously dedicated, shall be included. All such plans shall be prepared in accordance with the requirements of the director of public works. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.302(3)).

18.16.060 Documents to be included – Design data.

Complete design data, assumptions and computations, in accordance with sound engineering practice, shall be submitted to substantiate hydraulic and structural designs. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.302(4)).

18.16.070 Documents to be included – Report and guarantee of clear title.

A. The final map shall be accompanied by a report, prepared by a duly authorized title company, naming the persons whose consent is necessary to the preparation and recordation of said map and to the dedication of the streets, alleys and other public places and environmentally sensitive habitat areas shown on the map and certifying that, as of the date of the preparation of the report, the persons therein named are all the persons necessary to give clear title to said subdivision.

B. In lieu of the certificate required hereinabove, there may be filed with the director of public works a subdivision guarantee from a title company which guarantees that the parties named therein are the only parties having any record title interest in the land subdivided.

C. When such a subdivision guarantee is used, the owner’s certificate shall bear the signatures of all parties owning any record title interest in the land subdivided, except those which have been omitted pursuant to Section 11587 of the Subdivision Map Act. The names of any parties who own interests described in Section 11587 of the Subdivision Map Act and who have not signed the owner’s certificate, together with a description of their respective interests and the reasons why they have not signed the certificates.

D. In addition to the subdivision title guarantee provided for herein, evidence satisfactory to the city attorney shall be submitted prior to the approval by the city of the final map showing that title insurance has or will be issued covering the property subject of the map. (Ord. 2100 § 1, 1985; Ord. 1391 § 1, 1972; Ord. 1369 § 2, 1971; prior code § 28.302(5)).

18.16.080 Documents to be included – Title sheet.

The title sheet may be submitted no less than 10 days prior to city council consideration of the final map. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.302(6)).

18.16.090 Documents to be included – Engineer’s estimate.

The subdivider’s engineer’s estimate shall be submitted following the initial review of the final map and improvement plans by the city. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.302 (7)).

18.16.100 Improvement agreement – To be filed with security instruments – Exception.

The subdivision improvement agreement, as set forth in CVMC 18.16.190 through 18.16.280, shall be fully executed and submitted for the approval of the city attorney at least eight days prior to city council consideration of the final map. The security instruments, as required herein, should be filed concurrently with the subdivision improvement agreement; provided, however, such security instruments may be filed with the city clerk not later than 60 days from the date of approval and acceptance of the final map, but the final map shall not be recorded or released to the map applicant for recordation until all security instruments have been properly filed. Failure to comply with this provision, and specifically failure to provide the required security instruments within 60 days of map approval, shall automatically void council approval of the final map, and the final map must be resubmitted to the council for reapproval prior to recordation or release. In no event shall said map be recorded prior to the submission of necessary security instruments. (Ord. 2592 § 2, 1994; Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.303).

18.16.110 Deeds and easements – Filing time – Preparation.

Deeds for one-foot control lots, easements for the installation of off-site public improvements, and in the coastal zone, for public accessway, drainage, and scenic easements shall be submitted in duplicate in fully executed form at least 11 days prior to council, or in the coastal zone, redevelopment agency, consideration of the final map. Deeds for one-foot control lots shall leave sufficient space in legal description for insertion of the appropriate record map number following recordation of the subject map. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.304).

18.16.120 Certificates and documents regarding taxes and assessments.

Prior to the filing of the final map with the council, the subdivider shall file the certificates and documents set forth in Article 8 of the State Subdivision Map Act or any amendments thereto relating to taxes and assessments. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.305).

18.16.130 Engineer’s estimate of improvement costs – Contents – Scope.

The subdivider’s engineer’s estimate of improvement costs shall include all public improvements within and immediately adjacent to the proposed subdivision, and shall include all grading and slope planting costs unless such work is to be performed under separate grading permit. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.306).

18.16.140 Director of public works – Examination and determination duty.

Upon receipt of the final map and other data submitted therewith, the director of public works shall refer said map and data to the appropriate departments, which shall examine them to determine:

A. That the subdivision as shown is substantially the same as it appeared on the approved tentative map, and any approved alterations thereof;

B. That all provisions of law and of this chapter applicable at the time of approval of the tentative map have been complied with; and

C. That the map is technically correct.

If the director of public works, upon review of reports by other departments, so determines the above criteria, he shall certify thereto on said map. If the director of public works does not so determine, he shall advise the subdivider of the changes or additions necessary to enable him to make such determination, and shall afford the subdivider an opportunity to make such changes or additions. The director of public works shall submit his report to the city council within 20 days following the submission of the final map and accompanying documents by the subdivider. Said report shall be considered as submitted when the same has been filed with the city clerk. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.307).

18.16.150 City council determination authority – Requirements to be met.

A. In the event that all improvements required or conditions imposed as conditions of approval under the provisions of this chapter or by law are not completed before the filing of the final map, the council shall enter into an agreement for the installation of improvements with the subdivider. In such case, when the agreement and bond, deposit, instrument of credit or alternative form of security have been approved by the city attorney as to form and by the director of public works as to sufficiency, the council may consider the final map. All signatures except those of the city clerk, city attorney, title company, clerk of the board of supervisors and the county recorder shall be affixed to the title sheet at least eight days prior to council consideration of the final map. The abstract of title certificate may be executed at any time prior to council consideration of the final map. The bond and agreement provided for in this section shall be filed with the city clerk within 60 days from date of approval and acceptance of the final map. If compliance is not so had, then the council approval shall be automatically void and a final map must be resubmitted to the city council.

B. The council shall approve said map if it is determined to be in conformity with the requirements of this chapter and the conditions of approval of the tentative map. If it is not in conformity, it shall be disapproved, and the council shall advise the subdivider of its disapproval and the reason or reasons therefor. The city council shall take action as provided herein within 10 days or at its next meeting following the submittal of the report by the director of public works unless the time for taking action shall have been extended by mutual consent of the city council and the subdivider. (Ord. 2625 § 1, 1995; Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.308).

18.16.160 Action following council approval – Recordation required.

Upon approval by the city council of the final map, and receipt of the necessary recording fee, the city clerk shall cause the map to be transmitted to the county recorder. No final map shall have any force or effect, and no title to any property described in any offer of dedication thereon shall pass, until recordation of the final map. The subdivider shall present to the recorder evidence that, upon the date of recording as shown by public records, the parties consenting to the recordation of the map are all the parties having a record title interest in the land subdivided, whose signatures are required by the provisions of Article 7 of the State Subdivision Map Act; otherwise the map will not be recorded. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.309).

18.16.170 Preparation to be in compliance with subdivision manual.

The final map shall conform in size, material, scale and content with the requirements as set forth in the subdivision manual. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.310).

18.16.180 Monumentation requirements.

Monumentation shall conform with the requirements as set forth in the subdivision manual. The map shall show fully and clearly what monuments have been or are to be set. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.311).

18.16.190 Construction prerequisites – Requirements generally.

Prior to any construction of improvements and/or land development required, the subdivider shall have complied with and performed the following requirements, set forth in CVMC 18.16.200 through 18.16.280. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.312).

18.16.200 Construction prerequisites – Plans, specifications, estimates and soil report.

The subdivider shall file with the director of public works detailed plans and specifications for all public improvements or land development together with a detailed cost estimate approved by the director of public works and an estimate of time reasonably necessary to complete the same. In addition, the subdivider may be required to file detailed soil reports which shall be approved by the director of public works prior to commencement of any work. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.312(A)).

18.16.210 Construction prerequisites – Improvement agreement.

The subdivider shall enter into a contract with the city to make, install and complete within the time fixed, but in no case more than two years from the date of execution of said contract, all improvements and/or land development in accordance with approved plans. In the coastal zone, all required public facility improvements, resource restoration, or resource enhancement shall be implemented to the maximum extent feasible either prior to or concurrently with the approved subdivision development. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.312(B)).

18.16.220 Construction prerequisites – Security arrangements – Generally.

The subdivider shall file surety to guarantee completion of improvements with the improvement agreement as follows:

A. Bonds. All bonds shall be executed by a surety company authorized to transact a surety business in California, and shall be approved as to form by the city attorney, and shall include:

1. A faithful performance bond in an amount deemed sufficient by the director of public works to cover up to 50 percent of the total cost of all required on-site and adjacent off-site improvements including 25 percent of grading and slope planting expenses as applicable.

2. A labor and material bond in a like amount.

3. A monumentation bond in an amount stipulated by the subdivider’s engineer to cover the cost of placing lot corners and other related monuments.

B. Cash Deposits. In lieu of the faithful performance and labor and material bonds, the subdivider may submit cash deposits under the conditions hereinafter described. Total cash deposit surety shall contain:

1. A faithful performance cash deposit in an amount deemed sufficient by the director of public works to cover 50 percent of the total cost of all required on-site and adjacent off-site improvements including 25 percent of grading and slope planting expenses as applicable.

2. A labor and material cash deposit in a like amount.

3. A monumentation cash deposit in an amount stipulated by the subdivider’s engineer to cover the cost of placing lot corners and other related monuments. Upon approval by the city engineer of the required monument-setting work, and upon subdivider’s request, such cash deposit may be released as payment directly to the engineer or surveyor performing such work.

Disbursements from cash deposits shall be made in accordance with a separate agreement between the subdivider and the city. The required bookkeeping fee(s) shall be submitted with each such bond. Disbursements from a cash deposit filed with an approved escrow agency shall be made in accordance with a separate agreement between the subdivider and the city. Disbursements from a cash deposit in any instance shall not be permitted unless and until authorized in writing by both the subdivider and the director of public works.

C. Instruments of Credit. In lieu of the faithful performance and labor and material bonds or cash deposits, the subdivider may submit instruments of credit under the conditions hereinafter described. Such instruments of credit shall be issued by a financial institution subject to regulation by the state or federal government in a form and content as approved by the city attorney, and shall pledge that the funds necessary to meet the performance are on deposit and guaranteed for payment and agree that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. An instrument of credit shall be accompanied by a current statement of assets and a resolution of the board of directors of the responsible organization authorizing the issuance and the amount of the letter. An instrument of credit shall be accompanied by a statement setting forth the date upon which the responsible organization was established. Instruments of credit shall provide surety as follows:

1. A faithful performance instrument of credit in an amount deemed sufficient by the director of public works to cover 50 percent of the total cost of all required on-site and adjacent off-site improvements including 25 percent of grading and slope planting expenses as applicable.

2. A labor and material instrument of credit in a like amount.

3. A monumentation instrument of credit in an amount stipulated by the subdivider’s engineer to cover the cost of placing lot corners and other related monuments.

D. Other. Subject to the prior approval of the city council, in its sole discretion, in lieu of a surety bond, cash deposit or instrument of credit, alternative forms of security may be acceptable; provided, that: (1) in the determination of the city engineer, the costs of completing the improvements being secured for a project do not exceed $5,000,000; (2) in the determination of the finance director, the proposed security is backed by a guaranty and/or pledged assets with a net value equal to at least 50 times the estimated cost of the improvements being secured; and (3) in the determination of the city attorney, there exists adequate remedies to access such security in the event that the party obligated to construct such improvements defaults on such obligation. The form of such security and the terms and conditions upon which such security may be accepted are subject to the approval of the city attorney and the city engineer. Such conditions shall include, at a minimum: (a) the right of the city to require that conventional replacement security be submitted for any uncompleted secured improvements at the time a certificate of occupancy is issued for the project; and (b) developer’s agreement to pay the city’s attorneys’ fees and costs if the city must enforce its remedies under the alternative security arrangement.

E. Endorsement of Certificates. The city clerk and city attorney shall not endorse or sign their respective certificates contained on the final map unless and until improvement security as hereinabove specified has been posted.

F. Applicability to Parcel Maps. The improvement security requirements stipulated above are applicable to any parcel map for which the installation of any public improvements or grading is a condition of approval. (Ord. 2625 § 1, 1995; Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.312 (C)).

18.16.230 Construction prerequisites – Security arrangements – Bonds.

Repealed by Ord. 2625 § 2, 1995. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.312(C)(1)).

18.16.240 Construction prerequisites – Security arrangements – Cash deposits.

Repealed by Ord. 2625 § 2, 1995. (Ord. 2506 § 1, 1992; Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.312(C)(2)).

18.16.250 Construction prerequisites – Security arrangements – Instruments of credit.

Repealed by Ord. 2625 § 2, 1995. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.312(C)(3)).

18.16.260 Construction prerequisites – Security arrangements – Posting required prior to endorsement of certificates.

The city clerk and city attorney shall not endorse or sign their respective certificates contained on the final map unless and until improvement security as hereinabove specified has been posted. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.312 (C)(4)).

18.16.270 Construction prerequisites – Security arrangements – Applicability to parcel maps.

The bond requirements stipulated above are applicable to any parcel map for which the installation of any public improvements or grading is a condition of approval. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.312(C)(5)).

18.16.280 Construction prerequisites – Completion and payment required before presentation.

No final map shall be presented to the council for acceptance until the requirements of CVMC 18.16.190 through 18.16.270 have been approved and until all water, sewer or other charges established by the council and pertaining to the property being subdivided have been paid. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.312 (D)).

18.16.290 Work prior to improvement agreement – Special permit required.

A. Should the subdivider desire to do certain work prior to entering into an agreement with the city to install and complete all subdivision improvements and land development work, he may make an application to do so under a special permit. This application shall be accompanied by detailed plans describing the work which is proposed. The director of public works may issue a special permit to the subdivider or his contractor upon application of the applicant; provided, a bond has been posted in an amount which would assure the rehabilitation of the land, including grading and planting, in the event the subdivision map does not record. The performance bond and contractor’s qualifications shall be as provided in this code.

B. When the special permit is for all work required in connection with the subdivision and the work has been completed, the agreement as designated in CVMC 18.16.190 through 18.16.280 will not be required.

C. This section shall not apply in the coastal zone. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.313).

18.16.300 Security arrangements – Progress payments.

Progress payments may be made to the subdivider from any deposited money or instrument of credit which the subdivider may have made in lieu of providing a surety bond; provided, however, that no such progress payment shall be made for more than 90 percent of the value of any installment of work; and provided, that the aggregate amount thus paid is not in excess of 50 percent of the total amount posted as improvement security. No progress payments from cash deposits shall be made except upon joint certification by the director of public works and the subdivider that work covered thereby has been completed. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.314(1)).

18.16.310 Security arrangements – Release of surety.

Improvement security given for faithful performance of the agreement may be released upon recordation of the notice of completion for the work unless provision is made for partial release as work progresses under separate written agreement. The 50 percent labor and material bond shall be retained to secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or material for 35 days after completion and acceptance of the work. Following such 35-day period, this labor and material security may be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the city. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.314(2)).

18.16.320 Security arrangements – Forfeiture of surety – Liability of subdivider when.

In the event the subdivider fails to complete all improvement work in accordance with the provisions of this chapter and the improvement agreement, and the city shall have to complete same, the city shall call on the surety for reimbursement or shall appropriate from any cash deposit funds for reimbursement. If the amount of the surety bond, cash deposit or instrument of credit exceeds all costs and expenses incurred by the city, it shall release the remainder of such bond, cash deposit or instrument of credit, and if the amount of the surety bond, cash deposit or instrument of credit shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.314(3)).

18.16.330 Security arrangements – Maintenance bond required.

The subdivider shall guarantee all public improvements for a period of one year from the date of final acceptance and shall correct any and all defects or deficiencies arising during said period as a result of the acts or omissions of the subdivider, his agents or employees. The subdivision guarantee shall be backed by a bond or cash deposit in the amount of 15 percent of the surety posted for improvements. The city shall provide written notice of the defect or deficiency. In any instance where the subdivider fails to take action within the specified time, or when immediate action is required to protect the public health, safety and/or welfare, the city may cause the work to be performed and call on the surety for reimbursement. The maintenance bond shall be submitted prior to final acceptance by city. In the coastal zone, the maintenance bond shall guarantee all public improvements, including such habitat restoration or enhancement work as is required by the certified local coastal program, for a period of one year from the date of final acceptance or until the habitat restoration or enhancement has permanently established itself, whichever is greater. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.314(4)).

18.16.340 Improvement security required by reason other than subdivision of land – Applicability of this chapter.

To the extent consistent with other applicable provisions of this code, and all other applicable laws or regulations, the standards for performance, security obligations, and other requirements set forth in this chapter with respect to subdivision improvements shall also apply, under circumstances approved by the city attorney and the city engineer, to any and all other work or improvements constructed within the city requiring completion guaranties in favor of the city. (Ord. 2625 § 3, 1995).

Chapter 18.20
PARCEL MAPS

Sections:

18.20.010 Preliminary and final parcel maps generally.

18.20.020 Use of procedure for division or consolidation – Conditions.

18.20.030 Preliminary parcel map – Application – Fee.

18.20.040 Preliminary parcel map – Documents required.

18.20.050 Preliminary parcel map – Certification.

18.20.060 Compliance with certain specifications required.

18.20.070 Preliminary parcel map – Grounds for disapproval.

18.20.080 Appeals from determinations – Procedure.

18.20.090 Determination modification authority.

18.20.100 Preliminary parcel map – Extension of approval.

18.20.110 Final parcel map – Filing time – Number of copies – Preparation – Certification required.

18.20.120 Final parcel map – Form required.

18.20.130 Final parcel map – Review – Certification of approval.

18.20.140 Final parcel map – Recordation.

18.20.150 Required easements for subsequent purchasers to be shown when.

18.20.010 Preliminary and final parcel maps generally.

The provisions contained herein shall require the subdivider of land to file a preliminary and final parcel map which shall, in all respects, be in full compliance with the provisions of this code. The director of planning and the director of public works are authorized to make all of the findings necessary and approve both the preliminary and final parcel map; provided, however, that any person has the right to appeal the decision on either map to the planning commission. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.401).

18.20.020 Use of procedure for division or consolidation – Conditions.

The parcel map procedure may be used to create a division or consolidation of land as defined herein, if the director of planning finds that one or more of the following circumstances of division or consolidation exists:

A. A division of a lot or parcel into not more than four parcels, each of which complies with the minimum lot dimensions of the zone in which it is located; provided, a determination has been made by the director of public works that no public dedications or improvements are, or will be, needed at the time the map is to be filed;

B. A division of a lot into two parts, the parts thus obtained to be used to increase the size of the adjoining lots;

C. Adjustment of the boundaries between two lots;

D. Consolidation of lots or portions of lots into not more than four parcels;

E. A consolidation of remnants of lots remaining after property is taken for public use; provided, that the resulting parcel has a minimum lot area as established in the adopted zoning ordinance for the city relating to the zone in which the lot is located;

F. A parcel of land divided into two or more parcels, each having a gross area not less than 20 nominal acres and each abutting upon an improved public street or highway;

G. A parcel of land divided into two or more parcels each having a gross area of not less than 40 nominal acres;

H. Any 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 development, and which has the approval of the city council as to street alignments and widths.

Lots referred to in subsections (A) through (E) of this section shall be lots as defined in CVMC Title 19. No existing building or structure shall be made substandard in respect to yard or other zoning requirements specified in this code, nor shall any existing easement in favor of the public be rendered impractical by the creation of a parcel on a parcel map. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.401(A)).

18.20.030 Preliminary parcel map – Application – Fee.

The applicant for a parcel map shall file an application with the director of planning on a form prescribed by the city. The application shall be accompanied by a fee as set forth in CVMC 18.28.020 through 18.28.090, which will not be refundable, together with sufficient copies of a preliminary parcel map prepared in accordance with the requirements set forth in the subdivision manual. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.402(A)).

18.20.040 Preliminary parcel map – Documents required.

The following documents shall accompany the preliminary parcel map at time of submission:

A. A legal description of the original parcel or parcels of record upon which the division or consolidation is proposed;

B. A statement setting forth the complete name and address of each of the owners of each original parcel of record involved;

C. Mathematical closures of each parcel to be created and, if feasible, of each original parcel of record. Record information concerning adjacent property shall be shown upon the parcel map to the extent that such information has a direct bearing upon the parcels being created. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.402(B)).

18.20.050 Preliminary parcel map – Certification.

If the director of planning and the director of public works determine that the preliminary parcel map meets the requirements of this chapter, they shall certify to this fact on the face of the preliminary parcel map within 21 days after receipt of the map, and failure to do so shall be deemed certification and the city clerk shall so certify. In the coastal zone, the preliminary parcel map shall also meet the requirements of the certified local coastal program. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.403).

18.20.060 Compliance with certain specifications required.

Parcel maps approved under circumstances set forth in CVMC 18.20.020(A) or (H) shall comply with the requirements specified in CVMC 18.36.010. All parcel maps shall conform to the subdivision design requirements of the subdivision manual and, in addition, requirements may be imposed as a condition of approval, such as those hereinbelow enumerated. Requirements shall be in written form, a copy of which shall be delivered to the applicant with the approved parcel map.

A. Proof may be required that there are adequate utilities including water, gas, electricity, communication and sewerage for the proposed use of the land or that they will be provided.

B. All lots created shall be staked at all corners and points of curvature by a licensed surveyor or registered civil engineer. Performance guarantees relative to delayed staking shall be posted in accordance with Section 11592 of the State Subdivision Map Act and all staking shall be accomplished within 30 days following recordation of the parcel map or acceptance of the improvements, whichever is applicable.

C. Submission of a report by a duly authorized title company naming the person whose consent is necessary to the preparation and recordation of the parcel map may be required.

D. The applicant shall execute an agreement with the city to insure that all necessary improvements are installed and all drainage and grading requirements are met. In those cases where it is either infeasible or impractical, as determined by the planning commission, to presently install improvements, such installation may be deferred in accordance with the provisions of CVMC 12.24.070. (Ord. 2100 § 1, 1985; Ord. 1561 § 1, 1974; Ord. 1369 § 2, 1971; prior code § 28.404).

18.20.070 Preliminary parcel map – Grounds for disapproval.

The director of planning or the planning commission may disapprove any preliminary parcel map which is sought to be submitted as a parcel map for any of the following reasons:

A. When the land involved is subject to flooding, sliding, slipping or other similar hazards as determined by the director of public works.

B. When said map does not conform substantially in its purpose and design to the general plan or any of the various elements thereof, or to any community, precise or specific plans which have been approved by the commission and council. The director of planning or planning commission may also disapprove any parcel map when it is found that the public health, safety or welfare justifies such action.

C. In the coastal zone, when said map does not conform in its purpose and design to the certified local coastal program. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.405).

18.20.080 Appeals from determinations – Procedure.

In the event that the applicant is dissatisfied with any determination of the director of planning and the director of public works as to whether the property division qualifies as a parcel map division, or as to any requirements or conditions which they seek to impose, then the applicant may appeal to the planning commission by filing a statement in writing with the director of planning stating his reasons for appeal within 10 days following the determination. The matter shall be placed on the next agenda of the regular planning commission meeting. In the coastal zone, the applicant may appeal to the redevelopment agency, which, after providing public notice as provided in Chapter 18.52 CVMC, shall hear the matter on the next agenda of the regular redevelopment agency meeting. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.406).

18.20.090 Determination modification authority.

Subject to the requirements of this chapter, the commission may affirm, reverse or modify any determination of the director of planning and the director of public works with respect to the proposed parcel map. In the coastal zone, subject to the requirements of the certified local coastal program and this chapter, the planning commission may affirm, revise, or modify any determination of the director of planning and the director of public works with respect to the proposed parcel map. Notice of a final decision by the planning commission shall be provided to the applicant, Coastal Commission, and any known interested person as provided in this code. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.407).

18.20.100 Preliminary parcel map – Extension of approval.

Upon application, an extension of the approval of the preliminary parcel map, not to exceed one year, may be granted by the commission. In the coastal zone, an extension of the approval of the preliminary parcel map, not to exceed one year, may be granted by the city council. Notice of the decision shall be provided to the applicant, Coastal Commission, and any known interested person as provided in this code. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.408).

18.20.110 Final parcel map – Filing time – Number of copies – Preparation – Certification required.

Within two years, or approved extension thereof, after approval of the preliminary parcel map, a parcel map showing each new parcel or parcels created shall be filed with the director of public works. The filing shall include four blue-line prints of the subject map. The parcel map shall be prepared by a registered civil engineer or licensed land surveyor and compiled from record data or be based upon a field survey in accord with the provisions of Sections 66445, 66448, and 66450 of the State Subdivision Map Act. The map shall bear certificates as prescribed below and executed by the licensed surveyor or registered civil engineer responsible for presentation of the parcel map:

This map was prepared by me or under my direction (and was compiled from record data, or/and is based upon a field survey) in conformance with the requirements of the State Subdivision Map Act at the request of [name of person authorizing the map] on _____________, 20___. I hereby certify that it conforms to the approved preliminary parcel map and the conditions of approval thereof; that all provisions of applicable state law and local ordinances have been complied with.

Signed and Sealed _________________.

(L.S. or R.C.E. No.) _________________.

(Ord. 2223 § 1, 1987; Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.409(A)).

18.20.120 Final parcel map – Form required.

The parcel map shall conform in size, material and content with the requirements set forth in the subdivision manual. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.409(B)).

18.20.130 Final parcel map – Review – Certification of approval.

Within 20 days after receiving the parcel map or within such additional time as may be reasonably necessary, the director of public works shall examine it for survey information shown thereon, compliance with the provisions of this chapter and conformity to the preliminary parcel map, and if he is satisfied that the submission is technically correct and complete, he shall place the following certification on the map:

This map has been examined this ___ day of ______________, 20___, for conformance with the requirements of Sections 66444 and 66463 of the State Subdivision Map Act and the applicable requirements of the Subdivision Ordinance of the City of Chula Vista.

(Signed) ________________________

Director of Public Works

(Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.409(C)).

18.20.140 Final parcel map – Recordation.

Upon certification of the parcel map and receipt of the necessary recording fee, the director of public works shall cause the map to be transmitted to the county recorder. The parcel map shall be recorded prior to sale, lease, financing or separate use of any parcel created or to the issuance of any building permit related thereto. Following recordation, the applicant shall supply one cloth-backed copy of the recorded map to the director of public works. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.409(D)).

18.20.150 Required easements for subsequent purchasers to be shown when.

In the event a private access road or drainage or utility easement for the use of subsequent purchasers is required within the boundaries of the land to be divided, pursuant to the provisions of this chapter, said easements shall be delineated on the parcel map, and said easements as delineated shall be conveyed to subsequent purchasers of the parcels created.

Said easements shall be shown on the parcel map by a dashed line and a notation that the area so delineated represents a future easement to be conveyed to subsequent purchasers pursuant to the requirements of this section. (Ord. 2100 § 1, 1985; Ord. 1511 § 1, 1973; Ord. 1369 § 2, 1971; prior code § 28.410).

Chapter 18.24
ADJUSTMENT PLATS

Sections:

18.24.010 Purpose and intent of provisions.

18.24.020 Applicable when – Scope – Boundary adjustments – Consolidations.

18.24.030 Application – Form and specifications.

18.24.040 Application – Contents required.

18.24.050 Fee for examination.

18.24.060 Approval authority – Notice of determination.

18.24.070 Certification – Procedure for revised adjustment plats.

18.24.080 Conditions for approval.

18.24.090 Revised adjustment plats – Time limit for filing.

18.24.100 Recordation of deeds required.

18.24.010 Purpose and intent of provisions.

It is the purpose of the city council to establish an adjustment plat procedure to facilitate the consolidation of lots and adjustment of boundary lines when it is determined that conditions exist as delineated herein which would eliminate the need for the preparation and filing of either a subdivision map or a parcel map as required by the Subdivision Map Act and the subdivision title of the city.

It is the intent of this chapter to simplify, insofar as possible, the creation of legal parcels or lots in the urban community and allow for the development of lots in accordance with applicable zoning and subdivision regulations without the necessity of filing subdivision or parcel maps.

This chapter does not apply in the coastal zone. (Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369 § 2, 1971; prior code § 28.501).

18.24.020 Applicable when – Scope – Boundary adjustments – Consolidations.

A. Notwithstanding any other provisions of this title or provisions of the Subdivision Map Act, the procedures set forth in this chapter for the use of adjustment plats or adjustment of boundary lines and consolidation of parcels shall be applicable.

B. An adjustment plat may be filed pursuant to the provisions of this section under the following situations:

1. To adjust the boundaries between two or more lots; provided, the director of planning and the city engineer determine that the exchange of property does not:

a. Create any new lots,

b. Include any lots or parcels created illegally,

c. Result in any lots which do not meet applicable zoning regulations,

d. Impair any existing access or create a need for access to any adjacent lots or parcels,

e. Impair any existing easements or create a need for any new easements serving any adjacent lots or parcels,

f. Require substantial alteration of any existing improvements or create a need for any new improvements;

2. To consolidate two or more lots; provided, the director of planning and the city engineer determine that the consolidation does not:

a. Include any lots or parcels created illegally,

b. Result in any lots which do not meet applicable zoning regulations,

c. Impair any existing access or create a need for access to any adjacent lots or parcels,

d. Impair any existing easements or create a need for any new easements serving any adjacent lots or parcels,

e. Require substantial alteration of any existing improvements or create a need for any new improvements;

3. To create not more than two lots for financing purposes; provided, that said lots shall not be sold, leased or otherwise transferred or conveyed unless and until a parcel map is approved pursuant to this title and filed in the office of the county recorder. (Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior code § 28.502).

18.24.030 Application – Form and specifications.

Application for an adjustment plat shall be made with the planning department in accordance with the following specifications:

A. The plat shall be drawn on a form prescribed by the director of planning. Such forms are available in the planning department upon request.

B. The plat shall be drawn to a minimum scale of one inch equals 100 feet.

C. All parcels proposed for adjustment shall be shown, including all contiguous property to be retained by the owner. Property to be retained shall be designated on the plat as a separate parcel.

D. All existing lots or parcels shown on final maps, parcel maps or final division plats shall be designated by dotted lines, and said maps shall be identified by map type and number. (Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior code § 28.503(A)(1)).

18.24.040 Application – Contents required.

Each adjustment plat shall contain the following information:

A. A plat number as issued by planning department;

B. North arrow and scale;

C. Name, address, telephone number and signature of owner(s);

D. If prepared by an engineer or surveyor, his name, address, telephone number, and registration or license number;

E. The location, width and names, if any, of all existing streets; and the location, width and purpose of all easements which lie within the boundaries of the land proposed for division;

F. The names of the owners and the assessor’s numbers, to be labeled within or adjacent to the parcels involved;

G. The existing boundary, to be shown as a dashed line;

H. The proposed boundary, to be shown as a solid line;

I. Sufficient legal description of the land to define the boundaries of the ownerships involved;

J. A vicinity map with north arrow and scale indicated;

K. The net area of each proposed lot;

L. The dimensions of each boundary of each proposed lot;

M. The location of all existing buildings and structures and their uses, the distance between said buildings and structures, and the minimum distance between each building or structure, and the boundary of the proposed lot on which it is located;

N. A statement of the existing zoning and the proposed use of each lot. (Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior code § 28.503(A)(2)).

18.24.050 Fee for examination.

At the time of filing an adjustment plat, there shall be paid to the city the required examination fee(s) for each such plat. (Ord. 2506 § 1, 1992; Ord. 2100 § 1, 1985; Ord. 1812 § 1, 1978; Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior code § 28.503(A)(3)).

18.24.060 Approval authority – Notice of determination.

Within 15 calendar days after an adjustment plat has been filed, the director of planning and the city engineer shall approve, conditionally approve, or disapprove such plat. The applicant shall be notified of the director of planning’s action by written notice. Notice shall be deemed to have been given upon deposit of the notice in the United States mail. (Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior code § 28.503(A)(4)).

18.24.070 Certification – Procedure for revised adjustment plats.

If the director of planning and the city engineer determine that the adjustment plat meets the requirements of this title, they shall certify on the adjustment plat that it has been approved and have it recorded in the office of the county recorder. A revised adjustment plat shall be submitted for certification when the director of planning and/or the city engineer finds that the number or nature of the changes required for approval is such that they cannot be shown clearly or simply on the original adjustment plat. (Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior code § 28.503 (A)(5)).

18.24.080 Conditions for approval.

Whenever applicable, the director of planning may prescribe the following requirements as conditions of approval of an adjustment plat:

A. Parcel Boundaries. Relocation of lot lines to provide lots that comply with any applicable zoning regulations, and conform to standards of lot design specified in this title;

B. Access. The provision of safe and adequate access to each lot or parcel within the adjustment;

C. Inundation Line. The addition of a distinctive boundary line, clearly labeled, which delineates the limits of any area determined by th