No final map shall be filed in the Office of the County Recorder until approved by the city engineer. Upon receipt of a final map, the city engineer shall:
A. Notify the council, at its next regular meeting after receiving the map, that the map is being reviewed for approval.
B. Cause the city clerk to post the notice of any pending approval by the city engineer, and include it on the council's regular agenda. The city clerk will also notify any interested parties who request notice.
C. Approve or disapprove the final map within ten (10) days following the meeting of the council at which notice of the pending approval was given. Approvals or disapprovals of final maps by the city engineer may be appealed to the council within ten (10) days of the city engineer's decision. The council shall periodically review the delegation of authority to approve final maps.
D. Execution of the Agreement. If the subdivision improvement agreement and final map are approved by the city engineer, the city engineer shall execute the agreement on behalf of the city. At the time the city engineer approves the final map, he/she shall also accept, accept subject to improvement, or reject any offer(s) of dedication. The city clerk shall certify, on the final map, the action by the city engineer.
E. Offer of Dedication. If at the time the final map is approved, any alleys, paths, public utility easements, rights-of-way for local transit facilities, streets or storm drainage easements are not accepted by the city engineer, the offer of dedication shall remain open and the city engineer may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the alleys, paths, rights-of-way for local transit facilities, streets or storm drainage easements, which acceptance shall be recorded with the county recorder.
F. Unacceptable Submittal(s). If the subdivision improvement agreement and/or final map is unacceptable, the city engineer shall state the recommended corrections, draft a new agreement and/or re-vise the final map and defer approval until an acceptable agreement and/or final map has been resubmitted by the subdivider.
G. Off-site Improvements.
1. Whenever a subdivider is required, as a condition of a tentative parcel map, to constructor install off-site improvements on property which neither the subdivider nor the city owns, then no later than sixty (60) days before tiling the parcel map for approval the subdivider shall provide the city with sufficient information, reports and data, including an appraisal and title report, to enable the city to commence proceedings in compliance with state law (Title 7 of Part 3 of the Code of Civil Procedure) to acquire an interest in the land which will allow the improvements to be made, including proceedings for immediate possession of the property in compliance with state law (Title 7, Article 3 of the Code of Civil Procedure).
2. The subdivider shall agree in compliance with Section 16.108.150 to complete the improvements at the time the city has a sufficient interest in the property to allow the construction of the improvements. The subdivider shall bear all costs associated with the acquisition of the property interests and the estimated costs shall be secured in compliance with Section 16.108.160.
H. Tentative Map Compliance. The city engineer shall not disapprove the final map if the city has previously approved a tentative map for the proposed subdivision and if the city engineer finds that the final map is in compliance with the requirements of the subdivision map act, this article, the municipal code, and the tentative map and all required conditions.
I. Condominium Conversions. A final map for a subdivision created from the conversion of residential property to condominiums shall not be approved unless the city engineer finds that each tenant has been given one hundred twenty (120) days notice and has also been notified of the right to acquire the unit in compliance with Section 16.100.060 (Relocation).
J. Condominium Projects. Condominium and similar projects shall be approved only upon the findings required by state law (Government Code Section 66427.1).
(Ord. 542 § 4, 2019; Ord. 182 § 2 (part), 1997)