Chapter 17.20
PROCEDURE

Sections:

Article I. General Provisions

17.20.010    Public hearings.

17.20.020    Fees.

17.20.030    City technical coordinating committee.

Article II. Tentative Maps

17.20.040    Filing – When to be refused.

17.20.050    Distribution.

17.20.060    Notice of filing of tentative map to school district.

17.20.070    Planning commission action.

17.20.080    Notification.

17.20.090    Appeals.

17.20.100    Expiration of tentative map approval.

17.20.110    Preparation.

17.20.120    Scale.

17.20.130    Vicinity plat.

17.20.140    Information required on tentative map.

17.20.150    Street names.

17.20.160    Accompanying data statement.

17.20.170    Waiver of direct access to streets – When required.

17.20.180    Waiver of direct access to streets – Walls.

17.20.190    Passive heating and cooling.

17.20.200    Approvals or disapprovals of tentative maps.

17.20.210    Land Conservation Act subdivisions.

17.20.220    Waste discharges.

Article III. Final Maps

17.20.230    Filing of final maps.

17.20.240    Documents to be filed with map.

17.20.250    Approval by city council.

17.20.260    Action by the city clerk.

17.20.270    Submission of additional copies.

17.20.280    Improvement agreement.

17.20.290    Financial guarantees.

17.20.300    Forfeiture of surety.

17.20.310    Release of surety.

Article IV. Parcel Maps

17.20.320    Filing of tentative parcel maps.

17.20.330    Distribution.

17.20.340    Referrals to commission.

17.20.350    Planning manager’s actions.

17.20.360    Notification.

17.20.370    Expiration of tentative parcel map approval.

17.20.380    Appeals.

17.20.390    Information required on tentative parcel map.

17.20.400    Filing of parcel maps.

17.20.410    Documents to be filed with parcel map.

17.20.420    Action by city engineer.

17.20.430    Submission of additional parcel map copies.

Article V. Vesting Tentative Maps

17.20.440    Filing.

17.20.450    Information required on vesting tentative map.

17.20.460    Expiration of vesting tentative map.

17.20.470    Vesting on approval of vesting tentative map.

17.20.480    Applications inconsistent with current policies.

Article VI. Lot Line Adjustments

17.20.490    Filing of lot line adjustments.

17.20.500    Distribution of plats.

17.20.510    Planning manager’s actions.

17.20.520    Notification.

17.20.530    Merger of parcels.

17.20.540    Requirements for parcel merger.

17.20.550    Effective date of mergers.

17.20.560    Notification of intention to determine status – Hearing.

17.20.570    Request for hearing.

17.20.580    Procedure for hearing.

17.20.590    Procedure for determination following hearing.

17.20.600    Determination when no hearing is requested.

17.20.610    Notice of intention for nonmerger.

17.20.620    Lot combinations.

Article I. General Provisions

17.20.010 Public hearings.

(a)    A public hearing before the commission shall be held for each tentative map requiring a final map and for each tentative parcel map referred to the commission by the planning manager.

(b)    A notice including the time, date and place of public hearing, a general description of the location of the proposed subdivision, the identity of the hearing body and a general explanation of the matter to be considered shall be given at least 10 days prior to the date of such hearing. The notice shall be given by one publication in a newspaper of general circulation published and circulated within the city and by mailed notice to owners of real property within 300 feet of the property proposed to be subdivided. The names and addresses of such owners as shown on the current tax roll records of the county assessor of Alameda County shall be used for giving notice pursuant to this section. In lieu of the assessment roll, records of the county assessor containing more recent information may be used.

(c)    The subdivider shall at the time of filing of a tentative map provide a list of all owners of real property within 300 feet of the proposed subdivision, including the owner of the subject property, plus a list of local service agencies as determined by the planning manager. A stamped and addressed envelope for each such property owner and agency shall also be submitted.

(d)    Failure to receive the notice required by this section shall not invalidate any action taken pursuant to this chapter. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1400.)

17.20.020 Fees.

Fees for the processing of tentative, final, and parcel maps, and for other procedures required or authorized by this title, shall be as established by resolution of the council. Payment of required fees shall be a prerequisite to the processing of such maps and the undertaking of other procedures for which fees are required.

If additional tentative maps or requests covering the same subdivision and involving only minor revisions or amendments of the initial map are filed, no additional fee will be required. A new fee will be required, however, for any new tentative map after a previous tentative map has expired, or for any requested revision or amendment to a tentative map which the planning manager finds and determines will involve substantial time by city staff personnel to process such request. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1401.)

17.20.030 City technical coordinating committee.

There is hereby established a committee which shall be known as the city technical coordinating committee. Such committee shall consist of the planning manager, city engineer, chief of police, and fire chief, each of whom may designate one or more staff members to serve on the committee in their place.

At the time of filing a tentative map, the planning manager shall schedule meetings of the city technical coordinating committee to review and make recommendations regarding the map and any related plans. Such recommendations shall be presented to the planning manager for consideration in making a written report to the planning commission. After the committee meetings, representatives of the committee shall meet with the subdivider to present recommendations of the committee, the planning manager, and other public or private agencies having an interest in the proposed tentative map. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1402.)

Article II. Tentative Maps

17.20.040 Filing – When to be refused.

(a)    The subdivider shall file with the planning manager sufficient copies as may be required and one duplicate tracing of the tentative map of each subdivision. The time of filing of a tentative map shall be construed to be the time at which the map together with all required data is received in the office of the planning manager, except as provided in Section 17.15.010(d) and (h) and subsection (b) of this section. The planning manager shall indicate the date of filing upon the approved application form at the time the tentative map and its accompanying data is accepted for filing.

(b)    In the event a map offered for filing fails to include any data or information required by any section of this chapter, or fails on its face to comply with any section of this chapter, the planning manager shall refuse to accept such map for filing as a tentative map. In any case where filing is thus refused, the planning manager shall, within 30 calendar days, give written notice personally or by mail to the subdivider or authorized agent, specifying wherein the map submitted does not constitute a complete application. The date of resubmittal shall be noted on the approved application form. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 8, 2-21-78; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1404.)

17.20.050 Distribution.

Within three days of the filing of the tentative map, the planning manager shall transmit the requested number of copies of such map together with accompanying data to such public agencies and/or utilities as may be affected or concerned with the results of the proposed subdivision. Each of the public agencies and/or utilities may, within 20 working days after notice that the map has been filed, forward to the planning manager written reports of its findings and recommendations thereon. The city engineer shall prepare a written report of recommendations on the tentative map in relation to the requirements of this title and other applicable regulations of the city, or other public agencies, and shall submit the same to the planning manager within 14 days after filing of the map.

The planning manager shall prepare a report and staff recommendation on the proposed subdivision and shall distribute said report to the planning commission at least five days prior to the public hearing before the planning commission. A copy of said report shall be delivered to the subdivider at least three days prior to the public hearing. (Ord. 1050 § 1, 6-10-75; Ord. 1569 § 10, 9-13-83; amended during 2012 reformat. 1990 Code § 8-1405.)

17.20.060 Notice of filing of tentative map to school district.

Within 10 days of the filing of a tentative map, the planning manager shall send a notice of the filing of the tentative map to the governing board of the Fremont unified school district. Such notice shall also contain information about the location of the proposed subdivision, number of units, density, and other information which would be relevant to such school district. Such governing board may review the notice and send a written report thereon to the agency required by law to approve such tentative map. If a written report is made by the governing board, the report shall indicate the impact of the proposed subdivision on such school district and shall make such recommendations as the governing board of the district deems appropriate. If a written report is made by the governing board, such report shall be returned within 20 working days of the date on which the notice was mailed to the school district for comment. In the event that the governing board of such district fails to respond within the 20-day period, such failure to respond shall be deemed approval of the proposed subdivision. (Ord. 1231 § 9, 2-21-78; amended during 2012 reformat. 1990 Code § 8-1405.1.)

17.20.070 Planning commission action.

The planning commission shall review the recommendations of the staff and, if compliance with this title is found, it shall approve the tentative map within 50 days after the filing of a complete map, unless such time is extended by written agreement with the subdivider. If the planning commission finds that the map does not meet the requirements of this title, it shall disapprove or conditionally approve the map within such time.

However, if an environmental impact report is prepared for the tentative map, the 50-day period specified in this section shall not be applicable and the planning commission shall render its decision within 45 days after certification of the environmental impact report.

Failure by the planning commission to take an action on a tentative map within the time limits specified in this section shall be deemed to be an approval of the map insofar as it complies with other applicable requirements of this title, the zoning ordinance and the general plan, and the city clerk shall so indicate on the tentative map. (Ord. 1050 § 1, 6-10-75; Ord. 1969 § 11, 9-13-83; Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1406.)

17.20.080 Notification.

Approval, disapproval or conditional approval of the tentative map shall be made in writing to the subdivider. One copy of the map and accompanying data and the commission report thereon shall remain in the permanent file of the planning division. The planning manager shall send to the subdivider one copy of the approved tentative map and a notice of the action taken by the commission including any conditions of approval of the commission showing the action taken. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1407.)

17.20.090 Appeals.

The subdivider or any interested party may appeal to the council any action of the commission with respect to a tentative map. Such an appeal shall be in the form of a letter detailing the actions from which an appeal is taken. The appeal shall be filed with the city clerk within 10 days after the action of the commission from which the appeal is taken.

Upon receipt of said appeal, the council shall within 30 days conduct a public hearing thereon. A notice of said public hearing shall be published at least once in a newspaper of general circulation published and circulated within the city at least 10 days prior to the date of said hearing.

The council may, at the conclusion of the hearing, or within 10 days thereof, declare its findings. Based upon the testimony and documents produced before it or before the commission, the city council may sustain, modify, reject or overrule any recommendations or rulings of the commission and make such findings as are not inconsistent with the Map Act or this title.

If the council fails to act upon an appeal within the time limit specified by this section, the tentative map, insofar as it complies with applicable requirements of the Map Act and this title, shall be deemed approved, conditionally approved, or denied, as last approved, conditionally approved, or denied, and it shall be the duty of the city clerk to certify any approval. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1408.)

17.20.100 Expiration of tentative map approval.

(a)    Expiration. The approval or conditional approval of a tentative map shall expire 24 months from the date the map was approved or conditionally approved.

(b)    Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the planning commission, such application to be filed at least 40 days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.

(c)    Time Limit on Extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of three years, except that extension of maps approved prior to July 1, 1982, shall not exceed two years.

(d)    Stay of Time Period. The period of time specified in subsection (a) of this section shall not include any time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of such period of time is approved by the city council. Not later than 10 days after service of the initial petition or complaint in such lawsuit upon the city (or not later than 10 days after the effective date of the ordinance enacting this subsection (d) in the case of a lawsuit pending as of such date), the subdivider may file a written request with the city clerk for such a stay. Within 40 days after the filing of such request, the city council shall either stay said period of time during the pendence of such lawsuit not to exceed five years from the date of such stay, or deny the requested stay. The city council shall act upon such request after a hearing, notice of which shall be given to the subdivider. The subdivider shall be entitled to present evidence at the hearing in support of said stay, and the city manager may recommend to the city council whether to grant or deny said stay. The decision of the city council shall be final and shall be subject to judicial review within the time and to the extent provided by law. (Ord. 1050 § 1, 6-10-75; Ord. 1462 § 1, 9-15-81; Ord. 1569 § 12, 9-13-83. 1990 Code § 8-1409.)

17.20.110 Preparation.

The subdivider shall cause the tentative map of the land proposed to be subdivided to be prepared and acknowledged by a registered civil engineer or licensed land surveyor, and such tentative map shall be in full compliance with the requirements of this title. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1410.)

17.20.120 Scale.

The written and graphic scale of the map shall be at a minimum of one inch equals 100 feet and shall be clearly and legibly reproduced. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1411.)

17.20.130 Vicinity plat.

A vicinity sketch at a scale of 500 feet or more to the inch shall be drawn on or shall accompany the tentative map. It shall show the existing land uses and the boundaries thereof and streets within at least one-quarter mile of the boundary of the proposed subdivision, together with the names and/or numbers of all subdivisions between it and the nearest existing highways or thoroughfares, transit routes, and significant topographic features and public facilities. It may also be required to show the proposed land use and suggested street layout on any adjoining property in the same ownership and will normally be required in development of small portions of large holdings. The showing of proposed land use and suggested street layout should take into consideration the most advantageous development of the entire area. (Ord. 1050 § 1, 6-1-75. 1990 Code § 8-1412.)

17.20.140 Information required on tentative map.

The following information shall be shown on the tentative map or designated by appropriate notations:

(a)    The tract number, to be obtained from the county recorder, which number shall constitute the official designation of the map, and which shall be different from that of any existing subdivision previously recorded in the county of Alameda. Any subdivision may be designated with a tract name. Such tract name shall not duplicate or nearly duplicate the name of any other tract in the city.

(b)    The name and address of the record owner or owners.

(c)    The name and address of the subdivider.

(d)    The name and address of the person, firm or organization preparing the tentative map.

(e)    The date, north point, and a written and graphic scale.

(f)    A sufficient description to define the location and boundaries of the proposed subdivision.

(g)    The locations, name, and existing widths of adjacent streets, highways and ways.

(h)    The names and numbers of adjacent tracts and the names of owners of adjacent unplatted land.

(i)    The contours at one-foot intervals for predominant ground slopes within the subdivision between level and five percent and five-foot contours for predominant ground slopes within the subdivision over five percent. Such contours shall be referred to the system of bench marks established by the city engineer, such system utilizing the United States Coast and Geodetic Survey mean sea level datum of 1929.

(j)    The approximate boundaries of areas subject to inundation or storm water overflows, and the location, width, and direction of flow of all watercourses.

(k)    The existing use or uses of the property and, to scale, the outline of any existing buildings and their locations in relation to existing or proposed street and lot lines and existing buildings on adjacent properties within 50 feet of the property proposed for development.

(l)    A statement of the general plan land use designations, including residential density, where applicable, and the present zoning and proposed use or uses of the property, as well as proposed zoning changes, whether immediate or future.

(m)    Any proposed public area.

(n)    The approximate location, species, size and base elevation of all trees with a trunk diameter of six inches or more measured at four and one-half feet above the tree’s natural grade, standing within the boundaries of the subdivision, or outlines of groves or orchards.

(o)    The approximate widths, locations, and uses of all existing or proposed easements for drainage, sewerage, and public utilities.

(p)    The approximate radius of each curve.

(q)    The approximate lot layout and dimensions of each lot.

(r)    The size of the smallest lot in the tract.

(s)    A statement of the water source.

(t)    All existing fire hydrant locations within 300 feet of the subdivision.

(u)    A statement of provisions for sewerage and sewage disposal.

(v)    Major storm drain facilities.

(w)    The locations, names, widths, approximate proposed grades and gradients, and a typical cross-section of curbs, gutters, sidewalks, and other improvements of all streets, trails, and access easements including proposed locations of all underground utilities.

(x)    The location of historical sites and landmark or primary historic resource trees, as identified by council-adopted resolutions or in the general plan.

(y)    A statement as to the gross acreage within the boundaries of the tract and the number of dwelling units as expressed in dwelling units per net acre.

(z)    If the subdivision is to be developed in units, the tentative map shall indicate each proposed unit by a distinctive boundary line, and the units shall be assigned a number to indicate the general sequence of development. Unit boundary lines and sequence of development may be amended with approval of the planning manager and the city engineer. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 10, 2-21-78; Ord. 2481 §§ 10, 11, 7-23-02. 1990 Code § 8-1413.)

17.20.150 Street names.

The following principles shall govern street names:

(a)    Each street which is to be dedicated which is a continuation of, or approximately the continuation of, any existing dedicated street shall be shown on the tentative map and shall be given the same name as such existing street. All other proposed streets shall be assigned a name approved by the city. The subdivider may request names felt appropriate for the subdivision.

(b)    Where the council has ordered a street to be surveyed, opened, widened, or improved and such street forms a portion of a street within the subdivision, and a name has been assigned or designated in such order, the name of such street shown on the final map shall be the same as the name contained in the order.

(c)    The words “avenue,” “boulevard,” “place,” “way,” “court,” or other designation of any such street shall be spelled out in full on each tentative, parcel, and final map. (Ord. 1050 § 1, 6-10-75; Ord. 1569 § 13, 9-13-83; Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1414.)

17.20.160 Accompanying data statement.

Such information as is not shown on the map shall be contained in a written statement accompanying the map. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1415.)

17.20.170 Waiver of direct access to streets – When required.

Where lots are proposed which abut a major street, thoroughfare, or other street, and safety conditions and the efficiency of the circulation system dictate, the advisory agency may require a waiver of direct access rights to such street from said lots; provided, that such lots have access to another public or private street. Upon dedication of the street, such waiver shall become effective in accordance with the provisions of the waiver of direct access. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1416.)

17.20.180 Waiver of direct access to streets – Walls.

Where the advisory agency has required a waiver of access or where access has been restricted by others, a wall, the material, design and height of which shall be subject to the approval of the planning manager, shall be shown on the tentative map and made a condition of approval. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1417.)

17.20.190 Passive heating and cooling.

The design of a subdivision for which a tentative map is required pursuant to Section 17.15.010 shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

For the purposes of this section, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. (Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1417.1.)

17.20.200 Approvals or disapprovals of tentative maps.

The commission shall deny approval of a tentative map if it makes any of the following findings:

(a)    The map fails to meet or perform one or more requirements or conditions imposed by the Map Act or this title. Any such requirement or condition shall be specified.

(b)    The proposed subdivision, together with the provisions for its design and improvement, is not consistent with applicable general and specific plans. Any such inconsistency shall be specified.

(c)    The site is not physically suitable for the type or proposed density of development.

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

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

(f)    The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1418.)

17.20.210 Land Conservation Act subdivisions.

(a)    The planning commission shall deny approval of a tentative map if it finds that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5) and that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use. For purposes of this section, land shall be presumed to be in parcels too small to sustain their agricultural use if the land is (1) less than 10 acres in size in the case of prime agricultural land or (2) less than 40 acres in size in the case of land which is not prime agricultural land. The commission may approve a subdivision with parcels smaller than those specified in this section if it finds that the parcels can nevertheless sustain their agricultural use, or are subject to a written agreement for joint management pursuant to Section 51230.1; provided, that the parcels which are jointly managed total at least 10 acres in size in the case of prime agricultural land or 40 acres in size in the case of land which is not prime agricultural land.

(b)    This section shall not apply to land which is subject to a contract when any of the following has occurred:

(1)    The Alameda County local agency formation commission has approved the annexation of the land to the city and the city will not succeed to the contract as provided in Sections 51243 and 51243.5.

(2)    Written notice of nonrenewal of the contract has been served as provided in Section 51245.

(3)    The city council has granted tentative approval for cancellation of the contract as provided in Section 51282.

(c)    This section shall remain in effect only until January 1, 1991, unless state law requires otherwise. (Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1418.1.)

17.20.220 Waste discharges.

The commission may disapprove a tentative map if the proposed waste discharge from the proposed subdivision into the existing community sewer system would result in or add to violations of the requirements prescribed by the California Regional Water Quality Control Board having jurisdiction, pursuant to Cal. Water Code Division 7. The commission shall consult the Union sanitary district to obtain data to enable them to determine whether such findings should be made. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1419.)

Article III. Final Maps

17.20.230 Filing of final maps.

At any time after the approval of the tentative map and prior to the expiration of such map, the subdivider may cause the subdivision or a unit thereof to be surveyed and a final map thereof to be prepared by a registered civil engineer or licensed surveyor in conformance with the tentative map as approved. Blue line prints of the final map as required for checking and approval shall be submitted to the city engineer. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1420.)

17.20.240 Documents to be filed with map.

At the time of submitting the final map to the city engineer, the subdivider shall also submit therewith the following:

(a)    Traverse Sheets. Traverse sheets in a form approved by the city engineer giving latitudes and departures and coordinates of the boundary of the subdivision and blocks and lots therein. Whenever such traverse sheets are not accompanied by electronically computed traverse data, there shall be payable by the subdivider an additional fee equal to the cost to the city of obtaining such data.

(b)    Improvement Plans. As many copies as may be required of detailed plans, cross-sections, profiles, and specifications of the improvements to be installed as required by the provisions of this title 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, including the estimated cost thereof. All such plans shall be prepared in accordance with the requirements of the city engineer. Sheets shall be 24 inches by 36 inches with a two-inch left margin and a plan and profile drawn to a scale of one inch equaling not more than 50 feet. Details shall be shown at appropriate scale.

(c)    Design Data. Design data, assumptions, and computations for proper analysis in accordance with sound engineering practice.

(d)    Report and Guarantee of Clear Title. The final map shall be accompanied by a report prepared by a duly authorized title company naming the persons whose consent is necessary for the preparation and recordation of the map and the dedication of the streets, alleys, and other public places 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 the subdivision. At the time of recording the approved map there shall be filed with the county recorder a guarantee executed by a duly authorized title company for the benefit and protection of the city showing that persons (naming them) consenting to the preparation and recordation of the map and offering for dedication the streets, alleys and other public places shown thereon are all the persons necessary to pass clear title to the subdivision and to the dedication shown thereon.

(e)    Agreement and Bond. The agreement and bonds specified in this title.

(f)    Deed Restrictions. Two copies of all proposed deed restrictions. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1421.)

17.20.250 Approval by city council.

At its next regular meeting, or within a period of not more than 10 days following the city engineer’s transmission of the final map to the city clerk, the council shall consider the map, the plan of subdivision, and the offers of dedication. In the event that all improvements required or conditions imposed upon approval under the terms of this title or by law are not completed before the filing of the final map, the council, as a condition precedent to approval of the final map, may enter into an agreement with the subdivider under which the subdivider shall be thereafter required to complete the improvements at his/her expense, or shall be required to initiate and consummate proceedings under an appropriate special assessment district act for financing or completion of all improvements. Performance of said agreement shall be guaranteed. In such case, when the agreement and bond or deposit shall have been approved by the city attorney as to form, and by the city engineer as to sufficiency, the council may consider the final map.

The council shall approve the map if it is determined to be in conformity with the requirements of this title, the Map Act, and in substantial compliance with the tentative map. If it is not in conformity or compliance, it shall be disapproved and the council shall advise the subdivider of its disapproval and the reason or reasons therefor. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1422.)

17.20.260 Action by the city clerk.

The city clerk, upon approval by the council of the final map, the receipt of the necessary recording fee, and after the signatures and seals have been affixed to the map, shall cause the map to be transmitted to the clerk of the board of supervisors. No map shall have any force or effect until the same has been approved by the council and no title to any property described in any offer of dedication shall pass until recordation of the final map. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1423.)

17.20.270 Submission of additional copies.

Immediately subsequent to the recordation of the final map, the subdivider shall furnish to the city engineer, at the expense of the subdivider, copies of the final map and affidavit sheet as follows:

(a)    One duplicate tracing on mylar not less than three one-thousandths inches in thickness with all recording data thereon to be filed with the city engineer.

(b)    One 35-millimeter microfilm copy filmed at a 24 to one reduction to be filed with city engineer, or fees in lieu thereof. (Ord. 1050 § 1, 6-10-75; Ord. 1569 § 14, 9-13-83. 1990 Code § 8-1424.)

17.20.280 Improvement agreement.

Prior to the approval by the council of the final map, the subdivider shall execute and file an agreement between himself and the city, specifying the period within which he/she shall complete all improvement work to the satisfaction of the city engineer, and providing that if he/she shall fail to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the city engineer. Such agreement may also provide:

(a)    For the construction of the improvements in units.

(b)    For extension of time under conditions therein specified.

(c)    For progress payments to the subdivider or his/her order from any deposit money which the subdivider may have made in lieu of providing a surety bond, as provided by Section 17.20.290; provided, however, that no such progress payment shall be made for more than 90 percent of the value of any installment work; and provided, that each such installment of work shall be completed to the satisfaction of the city engineer.

(d)    For the financing and construction of any or all such improvements under appropriate special assessment act proceedings, in which case the subdivider shall agree, in writing, to initiate and, so far as may be in his/her power, to consummate such proceedings, within such time as may be prescribed by the council. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1425.)

17.20.290 Financial guarantees.

(a)    The subdivider shall also file with the aforesaid agreement a faithful performance bond equal to an amount deemed sufficient by the city engineer to cover the cost of the improvements, or of the act to be performed, including engineering and incidental expenses, and by its terms made to inure to the city. An additional material and mechanics’ lien bond equal to an amount not less than 50 percent of the total estimated costs of the improvements or the performance of the required act shall be filed securing payment to the contractor, his/her subcontractors and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act. An additional bond in an amount determined by the council upon the recommendation of the city engineer necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, shall be filed. Such bonds shall be executed by a surety company authorized to transact a surety business in this state and shall be satisfactory to and be approved by the city attorney as to form. In lieu of the performance bond, at the option of and subject to approval by the city, the subdivider may deposit with the city clerk a cash deposit, negotiable bonds of the kind approved for securing deposits of public money, or an instrument of credit from a financial institution subject to regulations by the state or federal government, pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment to the city.

(b)    Any guarantees or financial deposits shall include, in addition to the face amount of the security, an additional amount for costs and reasonable expenses, including attorneys’ fees, incurred by the city in successfully enforcing the obligation secured.

(c)    If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the council may reduce the improvement security of the subdivider by the corresponding amount of the bonds furnished by a contractor providing for the faithful performance and payments for labor and materials required by the special assessment act being used.

(d)    Such money, negotiable bond, or instrument of credit shall be a trust fund to guarantee performance and shall not be subject to a money judgment by any creditors of the depositor until the obligation secured thereby is performed to the satisfaction of the council.

(e)    The security furnished by the subdivider may be released in whole or in part in the following manner:

(1)    Security given for faithful performance of any act or agreement may be released upon the performance of the act or final completion and acceptance of the required work, or the council may permit the partial release of the security upon the partial performance of the act or the acceptance of the work as it progresses. The council may permit the substitution of one form of security for another.

(2)    Security securing the payment to the contractor, his/her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the performance of the act or the completion and acceptance of the work, be reduced to an amount equal to the total of all claims on which actions have been filed and notice thereof given in writing to the council, and if no such actions have been filed, the security shall be released in full.

Such release shall not apply to any required guarantee and warranty period nor to the amount of the security deemed necessary by the city council for such guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorneys’ fees.

(f)    In all cases where the performances of the obligation for which the security is required is subject to the approval of another agency, the city council shall not release the security until the obligation is performed to the satisfaction of such other agency. Such agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.

(g)    Any liability upon the security given for the faithful performance of any act or agreement shall be limited to the following:

(1)    The performance of the work covered by the agreement between the subdivider and the council or the performance of the required act.

(2)    The performance of any changes or alterations in such work; provided, that all such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement.

(3)    The guarantee and warranty of the work, for a period of one year following completion and acceptance thereof, against any defective work or labor done or defective materials furnished in the performance of the agreement with the city council or the performance of the act.

(4)    Costs and reasonable expenses and fees, including reasonable attorneys’ fees.

(h)    Where the security is conditioned upon the payment to the contractor, his/her subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of an act and takes the form of a deposit of money or negotiable bonds, a suit to recover the amount due the claimant may be maintained against the holder of such deposit. Where the security takes the form of a surety bond, or surety bonds, the right of recovery shall be in a suit against the surety. Where the security takes the form of an instrument of credit, the cause of action shall be against the financial institution obligating itself on such instrument of credit. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1426.)

17.20.300 Forfeiture of surety.

In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this title and the city shall have to complete same, or if the subdivider shall fail to reimburse the city for the costs of inspection, engineering, fees, and incidental expenses, the city shall call on the surety for reimbursement, or shall appropriate, from any cash deposits, funds for reimbursement. In any case, if the amount of surety bond or cash deposit shall exceed all costs and expenses incurred by the city, it shall release the remainder of such bond or cash deposit and if the amount of the surety bond or cash deposit shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1427.)

17.20.310 Release of surety.

No progress payments from cash deposits, or a release of a surety bond or cash deposit, shall be made except upon certification by the city engineer that the work covered thereby has been satisfactorily completed, and upon approval of the council. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1428.)

Article IV. Parcel Maps

17.20.320 Filing of tentative parcel maps.

The subdivider of a tentative parcel map shall file an application with the planning division on a form prescribed by the city. The application shall be accompanied with sufficient copies as required by the planning manager and one duplicate tracing. The manager shall indicate the date of filing on the prescribed application form at the time the tentative parcel map and its accompanying data is accepted for filing. If the map offered for filing fails to include all data or information required by this chapter, the map shall be refused for filing. When a map is refused for filing, the planning manager shall notify the subdivider or his/her authorized agent in writing within 30 days, specifying wherein the map submitted does not constitute a complete application. The date of resubmittal shall be noted on the approved application form. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 11, 2-21-78; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1429.)

17.20.330 Distribution.

Distribution of tentative parcel maps shall be made pursuant to the first paragraph of Section 17.20.050. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1430.)

17.20.340 Referrals to commission.

A tentative parcel map shall be referred to the commission, which shall assume the responsibility of the advisory agency, when one of the following conditions are present:

(a)    The proposed parcel map is situated in a locality where the lack of development, public facilities, or a street network exists.

(b)    The proposed parcel map creates more than four lots, with an overall acreage in excess of 80 acres.

(c)    The planning manager finds that the public interest would be better served through consideration of the proposed subdivision through commission hearings.

When a tentative parcel map is referred to the commission, all requirements and procedures required for a tentative map shall prevail. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1431.)

17.20.350 Planning manager’s actions.

The planning manager shall review each tentative parcel map for conformity to the general plan, specific plans, policies of the council, and requirements of this title. The planning manager shall, in coordination with other city departments and local agencies, establish such conditions as are necessary to accomplish the purposes of this title and the goals, objectives, and principles of the general plan.

The planning manager or planning commission shall deny approval of a tentative parcel map where any of the findings enumerated in Sections 17.20.200, 17.20.210 and 17.20.220 are made. For purposes of this section, the word “commission” as used in said sections shall be deemed to mean planning manager where the planning manager is the advisory agency for the tentative parcel map. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1432.)

17.20.360 Notification.

Approval, disapproval, or conditional approval of the tentative parcel map shall be made in writing to the subdivider. One copy of the map and accompanying data and staff conditions shall remain in the permanent files of the planning division and one copy of the approved tentative parcel map and conditions sent to the subdivider. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1433.)

17.20.370 Expiration of tentative parcel map approval.

(a)    The approval or conditional approval of a tentative parcel map shall expire or extensions shall be granted pursuant to Section 17.20.100.

(b)    No parcel map or any portion thereof shall be filed for recordation unless an approved or conditionally approved tentative parcel map exists, or unless the requirement for a tentative parcel map has been waived pursuant to Section 17.15.010(c). (Ord. 1050 § 1, 6-10-75; Ord. 1569 § 15, 9-13-83; Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1434.)

17.20.380 Appeals.

The subdivider or any interested party may appeal any action of the planning manager with respect to tentative parcel maps to the commission. The appeal shall be in writing stating the cause for said appeal and shall be filed with the secretary of the commission within 10 days after the action of the planning manager from which the appeal is being taken.

Any action by the planning manager to deny an appellant’s request for a time extension of an appeal is appealable to the council and said appeal shall be made within 10 days of the action by the planning manager by letter to the city clerk stating the cause for said appeal. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1435.)

17.20.390 Information required on tentative parcel map.

(a)    The following information is mandatory on all tentative parcel maps:

(1)    A vicinity sketch at a scale of 1,000 feet to the inch shall be drawn on or shall accompany the map. It shall show all streets within one-half mile.

(2)    A parcel map number obtained from the county.

(3)    Name and address of the record owner or owners.

(4)    Name and address of the subdivider.

(5)    Name and address of person preparing the map.

(6)    Date, north point, and written and graphic scale.

(7)    Boundaries of the proposed parcel map.

(8)    Location, name, and dimensions of existing and proposed streets, both public and private, trails, highways and private vehicle accessways.

(9)    Location and dimensions of existing or proposed easements.

(10)    The layout of proposed lots and streets.

(11)    A statement as to the source of water and the provision for sewage disposal.

(12)    Methods for the disposal of storm waters.

(13)    Typical cross-section and grades of proposed streets.

(14)    Estimated gross acreage of the parcel map and estimated square footage or acreage of each lot.

(15)    Boundary lines and record ownerships of all adjacent parcels and easements.

(16)    Fire hydrants within 300 feet of the parcel map to be shown.

(17)    Location of historical sites or landmark trees or primary historic resources as identified by council-adopted resolutions or in the general plan.

(18)    The approximate location, species, size and base elevation of all trees with a trunk diameter of six inches or more measured at four and one-half feet above the tree’s natural grade, standing within the boundaries of the subdivision, or outlines of groves or orchards.

(b)    The following information may be required to be included where topography or the location of the tentative parcel map dictates:

(1)    Contours at five-foot intervals where the ground slopes exceed five percent and contours at one-foot intervals where the ground slopes are less than five percent.

(2)    Location of water courses, flood control channels, and intermittent streams.

(3)    Offers of dedications of lands for public purposes.

(4)    Preliminary grading of the site.

(5)    A preliminary soils report.

(6)    Location of access restrictions.

(7)    Waiver of access rights.

(8)    Location of any existing structures, with the outline thereof drawn to scale in relation to the existing or proposed street and lot lines. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 12, 2-21-78; Ord. 1569 § 16, 9-13-83; Ord. 1659 § 3, 5-7-85; Ord. 2481 § 12, 7-23-02. 1990 Code § 8-1436.)

17.20.400 Filing of parcel maps.

At any time after the approval or conditional approval of the tentative parcel map, and prior to the expiration of such map, or after a finding by the planning manager that a tentative parcel map is not required, the subdivider may file a parcel map with the city engineer for acceptance and recording. The subdivider shall provide as many blue line prints of said parcel map for checking and approval as required by the city engineer. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1437.)

17.20.410 Documents to be filed with parcel map.

At the time of submitting the parcel map to the city engineer, the subdivider shall also submit such documents and securities as were determined to be necessary in the process of evaluating the tentative parcel map. These documents shall include but are not limited to traverse sheets, preliminary title report or certificate of ownership, grant deeds, bonds, guarantees for improvements, improvement plans, easements, and parcel combinations. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1438.)

17.20.420 Action by city engineer.

The city engineer has the responsibility for the acceptance, review, and approval of parcel maps. The city engineer may accept on behalf of the public any real property offered for dedication for public use, either by deed or by parcel map.

When the city engineer finds that the parcel map is in conformance with the approved or conditionally approved tentative parcel map and with the provisions of this title and the Map Act, the city engineer shall sign the certificate of acceptance of any real property offered for dedication for public use, shall sign the city engineer’s certificate pursuant to Section 17.15.350, and shall release the map to the county clerk for ultimate transmittal to the county recorder for recordation. (Ord. 1050 § 1, 6-1-75. 1990 Code § 8-1439.)

17.20.430 Submission of additional parcel map copies.

Immediately subsequent to the recordation of the parcel map, the subdivider thereof shall furnish to the engineer, at the expense of the subdivider, copies of the parcel map and affidavit sheet as follows:

(a)    One duplicate tracing on mylar not less than three one-thousandths inches in thickness with all recording data thereon to be filed with the city engineer.

(b)    One 35-millimeter microfilm copy filmed at a 24-to-one reduction to be filed with the city engineer. (Ord. 1050 § 1, 6-10-75; Ord. 1569 § 17, 9-13-83. 1990 Code § 8-1440.)

Article V. Vesting Tentative Maps

17.20.440 Filing.

Unless this title or the Subdivision Map Act indicates otherwise, a vesting tentative map shall be filed in the same form; have the same contents, accompanying data, and reports; and shall be processed in the same manner as set forth in this title for a tentative map or a tentative parcel map. (Ord. 1707 § 6, 1-14-86. 1990 Code § 8-1440.1.)

17.20.450 Information required on vesting tentative map.

When a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.” (Ord. 1707 § 6, 1-14-86. 1990 Code § 8-1440.2.)

17.20.460 Expiration of vesting tentative map.

Approval or conditional approval of vesting tentative maps shall expire at the end of the same time period, and shall be subject to the same extensions, established by this title for the expiration of the approval or conditional approval of a tentative map. (Ord. 1707 § 6, 1-14-86. 1990 Code § 8-1440.3.)

17.20.470 Vesting on approval of vesting tentative map.

(a)    Approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Cal. Gov’t Code § 66474.2.

However, if Cal. Gov’t Code § 66474.2 is repealed, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinance, policies, and standards in effect when the vesting tentative map is approved.

(b)    Notwithstanding subsection (a) of this section, a permit or other entitlement may be made conditional or denied if any of the following are determined:

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

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

(c)    The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, these rights shall last for the following periods of time:

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

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

(3)    A subdivider may apply for a one-year extension before the initial time period set forth in subsection (c)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council under Section 17.20.090.

(4)    If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (c)(1) through (c)(3) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (Ord. 1707 § 6, 1-14-86. 1990 Code § 8-1440.4.)

17.20.480 Applications inconsistent with current policies.

Notwithstanding any provision of this title, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Section 17.20.470. The advisory agency may grant these approvals or issue these permits to the extent that the departures are authorized under law applicable at the time of approval or issuance. (Ord. 1707 § 6, 1-14-86. 1990 Code § 8-1440.5.)

Article VI. Lot Line Adjustments

17.20.490 Filing of lot line adjustments.

Any property owner requesting a lot line adjustment shall file with the planning manager a duplicate tracing and such number of copies of the plat as required together with an application. The plat shall be either 11 inches by 17 inches or 18 inches by 24 inches in size and shall indicate the exterior boundaries, the existing lot lines, and the proposed adjustment of such lines at a scale of not more than one inch equals 100 feet.

The plat shall accurately locate all existing rights-of-way, easements, and existing structures. The property lines indicated shall be obtained from existing recorded maps, and the plat need not be prepared by an engineer or surveyor unless the location of buildings requires more accurate locational data. In such instances the property owner may be required to have such buildings and adjoining lot lines accurately located to determine the effect a lot line adjustment would have on the existing development.

The plat shall indicate all dimensions and courses of property lines, the assessor’s parcel, and the resultant area of the revised lots. The plat shall contain a certification by the parties holding title pursuant to Section 17.15.150 and the name of the person preparing the plat. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1441.)

17.20.500 Distribution of plats.

The planning manager shall, within three days of receipt of a request for a lot line adjustment, transmit such requests to those departments and local agencies which may have an effect on the proposal. The manager shall provide for a minimum of five days for a response before taking any action on the request. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1442.)

17.20.510 Planning manager’s actions.

The planning manager may approve a lot line adjustment when he/she finds that:

(a)    The lot line adjustment does not violate existing codes and policies; and

(b)    The lot line adjustment will not create difficult or unreasonable access to the parcels; and

(c)    The lot line adjustment would not require variances to permit standard development; and

(d)    Utilities and public services can be provided to the revised parcels; and

(e)    No street dedications or improvements are required.

The planning manager may amend such plats as a condition of approval. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1443.)

17.20.520 Notification.

Approval or disapproval of a lot line adjustment by the planning manager shall appear on the plat. A copy thereof shall be transmitted to the applicant. A permanent copy of each lot line adjustment request and plat shall be maintained in the planning division, with a copy of each approved plat provided to the city engineer and chief building official. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1444.)

17.20.530 Merger of parcels.

Notwithstanding the provisions of Section 17.10.200, except as otherwise provided in this chapter, two or more contiguous parcels of land created pursuant to this title or any prior law regulating the division of land, or which were not subject to such provision at the time of their creation, shall not be deemed merged by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceeding under the provisions of this title shall be required for the purpose of sale, lease, or financing of such contiguous parcels or units, or any of them. (Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1445.)

17.20.540 Requirements for parcel merger.

(a)    Contiguous parcels held by the same owner shall be merged if any one of the contiguous parcels or units held by the same owner does not conform to the standards for minimum parcel size under the zoning ordinance applicable to the parcels or units of land and if all the following requirements are satisfied:

(1)    At least one of the affected parcels is not developed with any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

(2)    With respect to any affected parcel, one or more of the following conditions exists:

(A)    Comprises less than 5,000 square feet in area at the time of the determination of merger.

(B)    Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

(C)    Does not meet current standards for sewage disposal and domestic water supply.

(D)    Does not meet slope stability standards.

(E)    Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

(F)    Its development would create health or safety hazards.

(G)    Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.

(b)    This section shall not apply if one of the following conditions exists:

(1)    On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open space land pursuant to a contract, agreement, scenic restriction, or open space easement, as defined and set forth in Cal. Rev. & Tax. Code § 421.

(2)    On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in Cal. Gov’t Code § 51104(f), or is land devoted to an agricultural use as defined in Cal. Gov’t Code § 51201(b).

(3)    On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the city.

(4)    On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the city.

For purposes of subsections (b)(3) and (b)(4) of this section, “mineral resource extraction” means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells or other similar mining activity. (Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1445.1.)

17.20.550 Effective date of mergers.

A merger of parcels becomes effective when the planning manager causes to be filed for record with the county recorder a notice of merger specifying the names of the record owners and particularly describing the real property. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.2.)

17.20.560 Notification of intention to determine status – Hearing.

Prior to recording a notice of merger, the planning manager shall cause to be mailed by certified mail to the then-current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in this chapter and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder on the date that notice is mailed to the property owner. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.3.)

17.20.570 Request for hearing.

At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the planning manager a request for a hearing on determination of status. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.4.)

17.20.580 Procedure for hearing.

Upon receiving a request for a hearing on determination of status, the planning manager shall fix a time, date, and place for a hearing to be conducted by the planning manager, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than 30 days following the planning manager’s receipt of the property owner’s request therefor, but may be postponed or continued with the mutual consent of the manager and the property owner. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.5.)

17.20.590 Procedure for determination following hearing.

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in the merger ordinance.

At the conclusion of the hearing, the planning manager shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of his/her determination. A determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 17.20.540, if the planning manager finds that the parcels are otherwise in substantial compliance with the objectives of this title. A determination of merger shall be recorded as provided for in Section 17.20.550 within 30 days after conclusion of the hearing. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.6.)

17.20.600 Determination when no hearing is requested.

If, within the 30-day period specified in Section 17.20.570, the owner does not file a request for a hearing, in accordance with Section 17.20.570, the planning manager may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 17.20.550 no later than 90 days following the mailing of notice required by Section 17.20.580. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.7.)

17.20.610 Notice of intention for nonmerger.

If, in accordance with Section 17.20.590 or 17.20.600, the planning manager determines that the subject property shall not be merged, the manager shall cause to be recorded in the manner specified in Section 17.20.550 a release of the notice of intention to determine status and shall mail a clearance letter to the then-current owner of record. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.8.)

17.20.620 Lot combinations.

When a property owner of two or more contiguous lots desires to combine the lots, or is compelled to combine the lots due to public policy or ordinance, the property owner shall file a lot combination application with the planning manager. The application shall consist of a plat of the properties to be combined, with as many copies as may be required by the planning manager. If the manager finds that the proposed lot combination is in conformance with the general plan, the zoning ordinance and the city’s development policies, the manager may approve the lot combination.

Upon approval of the lot combination, the property owner shall record the notice of approval for the lot combination with the county recorder. A copy of the recorded document shall be filed with the planning manager. Failure to record the lot combination shall be cause for the denial of any project dependent on the lot combination.

The above procedures for lot combinations shall not apply to parcel mergers as addressed in Sections 17.20.530 through 17.20.610. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1446.)