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ARTICLE I. GENERAL PROVISIONS
15-1. Purpose and application of chapter; definitions
15-2. Advisory agency
15-3. Conformity to general plan; streets; report
ARTICLE II. MAPS
DIVISION 1. GENERALLY
15-10. Tentative subdivision map and final map required; exceptions
15-11. Tentative parcel maps and parcel maps required; exemptions; waivers
15-12. Check list for developers
15-13. City-initiated merger of contiguous parcels
DIVISION 2. SUBDIVISION AND PARCEL MAPS
15-15. Tentative subdivision maps
15-16. Final maps
15-17. Tentative parcel maps and parcel maps; owner's statement
15-18. Maps of condominium and community apartment projects
15-19. Regulations for vesting tentative maps
ARTICLE III. PROCEDURES
DIVISION 1. GENERALLY
15-25. Public hearings; appeals
15-26. Owners' consent required
15-27. Incomplete maps
15-28. Environmental review required
DIVISION 2. TENTATIVE SUBDIVISION MAPS
15-35. Initiation of proposed division of land
15-37. Information to accompany tentative subdivision map
15-38. Review by staff advisory committee
15-39. Staff reports
15-40. Planning commission consideration and recommendation
15-41. City council action
15-43. Inaction of city council
15-44. Conditional approval by city council
15-45. Conditions imposed on tentative parcel map; limitations
15-46. Term of map; time extension
15-47. Expiration; effect
DIVISION 3. FINAL MAPS AND PARCEL MAPS
15-50. Preparation of and application for final map or parcel map
15-51. Requirements for application
15-52. Improvement agreement and bonds
15-53. Submission for examination; rejection and approval
15-54. Subdivider's memorandum and required data
15-55. Director action
15-56. Dedications; acceptance
DIVISION 4. REQUIREMENTS OF APPROVAL
15-60. Compliance with requirements and conditions; waiver of technical errors
15-61. Consistency with general and specific plans
15-62. Denial on specific findings; exceptions
15-63. Access to public resources
15-64. Water quality requirements
15-65. Environmental impact
15-66. Grading and erosion control
15-67. Deferment of submission of documents or payment of fees
DIVISION 5. DEVELOPMENT PLAN REVIEW
15-75. Purpose and intent
15-76. When required
15-78. Review and approval of development plans
15-80. Amendments to development plan
ARTICLE IV. DEDICATIONS AND RESERVATIONS
DIVISION 1. PUBLIC EASEMENTS
15-85. Required generally
15-86. Waiver of direct access to streets
15-87. Dedication under parcel map
15-88. Bicycle paths; transit facilities
DIVISION 2. CONTRIBUTION OF PARK SITES
15-97. Increased density; later residential development
15-98. Determination of density factor and dwelling units
15-99. Formula for dedication or fees
15-100. Amount of fee in lieu of land dedication
15-101. Determination of land dedication or fee
15-102. Time of payment of fee
15-103. Time of development; limitation on use of land or fee
DIVISION 3. RESERVATION OF SITES
15-106. Standards and formula
15-107. Procedure for acquisition of reserved land
15-108. Purchase price
DIVISION 4. SCHOOL FACILITIES
15-119. General plan
15-121. Findings of school district
15-122. Content of findings
15-123. Concurrence by city council
15-124. School district schedule
15-125. Findings by city council
15-126. Findings by decision-making body
15-127. Facilities fee
15-128. Determination of student population density and dwelling units
15-129. Dedication of land in lieu of fees
15-130. Application of fees
15-131. School district report; frequency thereof; contents
ARTICLE V. IMPROVEMENTS AND STANDARDS
DIVISION 1. REQUIRED IMPROVEMENTS
15-135. Land divisions of four lots or fewer
15-136. Land divisions of five lots or more; drainage fees; use of sewer facilities
15-137. Supplemental capacity; reimbursement
DIVISION 2. STANDARDS
15-149. Sidewalks, curbs
15-151. Monuments required
15-152. Monument construction
15-153. Monument security
ARTICLE VI. DEVELOPMENT FEE PROCEDURES
DIVISION 1. IN GENERAL
15-168. Amount of fee; adoption of resolution
15-169. Purpose; use; relationship
15-170. Hearing required
15-171. Amendment procedures
15-172. Effective date
15-173. Imposition, calculation and collection of development fees
15-174. Development fee accounts
15-175. Use of development fee proceeds
15-176. Time limit on expenditures
15-180. Protests/judicial review
15-181. Effect of development fees on zoning and subdivision regulations
15-182. Development fees as additional and supplemental requirements
DIVISION 2. PLANNED DRAINAGE FACILITIES FEES
15-186. Master plan of drainage facilities
15-187. Imposition of fees
15-188. Use of fees
15-189. Reasonable relationship
DIVISION 3. PLANNED WASTEWATER FACILITIES FEES
15-196. Master plan of wastewater facilities
15-197. Imposition of fees
15-198. Use of fees
15-199. Reasonable relationship
15-200. Fees to be set by ordinance
DIVISION 4. PLANNED WATER FACILITIES FEES
15-206. Master plan of water facilities
15-207. Imposition of fees
15-208. Use of fees
15-209. Reasonable relationship
DIVISION 5. PLANNED TRAFFIC CIRCULATION FACILITIES FEES
15-216. Master plan of traffic circulation facilities
15-217. Imposition of fees
15-218. Use of fees
15-219. Reasonable relationship
DIVISION 6. GROWTH REQUIREMENT CAPITAL FEES
15-226. Capital improvement plan
15-227. Imposition of fees
15-229. Reasonable relationship
DIVISION 7. BRIDGE AND THOROUGHFARE FEES
15-237. Establishing an area benefit; public hearing
15-238. Requirement for payment of bridge and thoroughfare fees
15-239. Requirements for bridges and thoroughfares
15-240. Exemptions from fee
15-241. Consideration in lieu of payment of fees
ARTICLE VII. SOIL REPORTS
15-250. Preliminary soil report
15-251. Investigation of critical soils
15-252. Approval of investigation
15-253. Limitation on fill
ARTICLE VIII. REVERSION TO ACREAGE
15-260. In general
15-261. Initiation of proceedings
15-262. Contents of petition
15-263. Review by city engineer
15-264. City council approval
15-266. Filing of final map
15-267. Merger without reversion to acreage of contiguous parcels under common ownership
ARTICLE IX. IMPROVEMENT AGREEMENTS
ARTICLE X. SECURITY AND SECURITY RELEASE
15-280. Improvement security
15-281. Improvement security release
ARTICLE XI. EFFECT OF APPROVALS
15-285. Approval of map not to authorize violation of other laws
15-286. Sales contrary to parcel map regulations to be voidable
15-287. Requirements of purchaser unaware of violation
ARTICLE I. GENERAL PROVISIONS
(A) This chapter is adopted to supplement and implement the Subdivision Map Act, Cal. Gov't Code, Title 7, Division 2, commencing with Section 66410, and shall apply to all divisions of land made after March 1, 1975.
(B) The provisions of this chapter shall not apply to those matters to which the Subdivision Map Act is expressly inapplicable under Cal. Gov't Code, Sections 66412, 66412.1, 66412.2 and 66412.5 thereof.
(C) Terms used in this chapter which are defined in the Subdivision Map Act shall have the same meaning as in that act. In addition, the following words shall have the following meanings:
(1) DEVELOPER - The same as subdivider.
(2) DEVELOPMENT - Any improvement of land for which a subdivision map or a parcel map is required under this chapter.
(3) DIRECTOR - The development services director or designee.
(`64 Code, Sec. 27-1) (Ord. No. 1570, 1684)
The planning commission ("commission") is designated an "advisory agency," as referred to in the Subdivision Map Act.
(`64 Code, Sec. 27-2) (Ord. No. 1570, 2367, 2445)
(A) A development plan shall conform to the city's general plan and the elements thereof. In the absence of a specific circulation plan, the street system proposed by a development plan shall relate to the existing streets in the area adjoining the proposed subdivision.
(B) A report as to conformity to the city's general plan, which is required pursuant to Cal. Gov't Code, Section 6502 as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the commission on the division of land.
(C) The report is not required for a proposed land division which involves:
(1) The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;
(2) An acquisition, disposition or abandonment for street widening; or
(3) An alignment project, provided that the commission expressly finds that the disposition for street purposes, acquisition, disposition or abandonment for street widening, or an alignment project is of a minor nature.
(`64 Code, Sec. 27-3) (Ord. No. 1570)
There may be established and imposed by city council resolution a requirement for the payment for fees for the purposes of defraying the actual or estimated costs of filing and processing subdivision maps and parcel maps and of other procedures required or authorized by this chapter.
(`64 Code, Sec. 27-4) (Ord. No. 1570)
ARTICLE II. MAPS
DIVISION 1. GENERALLY
A tentative subdivision map and a final map shall be required for the subdivisions described in Cal. Gov't Code, Section 66426, with the exceptions stated therein.
(`64 Code, Sec. 27-10) (Ord. No. 1570)
(A) A tentative parcel map and a parcel map shall be required for each division of land creating four or fewer parcels and for each subdivision that is subject to an exception stated in Cal. Gov't Code, Section 66426.
(B) Neither a tentative parcel map nor parcel map shall be required in the situations described in Cal. Gov't Code, Section 66428, Subdivisions (1) and (2); provided, however, that a parcel map shall be required in a situation described in Cal. Gov't Code, Section 66428, Subsection (a), Subdivision (2) and the decision-making body finds, based on facts in the record, that public policy necessitates a parcel map.
(C) The commission may waive the requirement for a tentative parcel map and a parcel map, provided that the commission finds at the time of waiver that the proposed division of land complies with requirements established by the Subdivision Map Act and this chapter, including but not limited to requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection.
(D) A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not thereby created, may be approved by the director without a tentative subdivision map, final map, tentative parcel map or a parcel map, as follows:
(1) The director's review shall be limited to determining whether the parcels resulting from the lot line adjustment will conform to the city's general plan, the city's coastal plan (if applicable) and the city's building and zoning ordinances, including whether the resulting parcels comply with the area, width, frontage and yard requirements of the applicable zone. No nonconforming uses or structures may be created by a line adjustment.
(2) The director shall not impose conditions or exactions on approval of a lot line adjustment except to conform to the city's general plan, the city's coastal plan (if applicable), and the city's building and zoning ordinances, to require the prepayment of real property taxes or to facilitate the relocation of existing utilities, infrastructure or easements.
(3) Prior to approval of the lot line adjustment, the applicant shall submit to the city engineer for review a grant deed that describes the proposed boundaries of the parcels. If a lot line adjustment is approved, the applicant shall record the deed.
(4) City staff shall not require a record of survey for a lot line adjustment unless required by Cal. Bus. and Prof. Code, Section 8762.
(`64 Code, Sec. 27-11) (Ord. No. 1570, 1650, 1684, 1992, 2090, 2243, 2367, 2445)
The secretary of the commission shall prepare and make available to developers a check list which shall itemize the information to be submitted by subdividers in connection with tentative parcel maps and tentative subdivision maps. The check list shall contain a column wherein a city official can check off items as to which information has been furnished.
(`64 Code, Sec. 27-12) (Ord. No. 1570, 2367, 2554)
(A) A parcel or unit of real property shall merge with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size under applicable zoning ordinances and if all of the following requirements are satisfied:
(1) At least one of the affected parcels is undeveloped by 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 one or more accessory structure, 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; and/or
(g) Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.
(B) 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. This section shall not apply if one or more of the conditions exist as described in subparts (A) through (E) of Cal. Gov't Code, Section 66451.11.
(C) A merger of parcels becomes effective when the director causes to be filed with the Ventura County Recorder a notice of merger specifying the names of the record owners and particularly describing the real property. Prior to filing the notice, the city engineer shall review the property description.
(D) On or before filing a notice of merger, city staff 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 the standards specified in this section, 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.
(E) At any time within 30 days after of the notice of intention to determine status is recorded, the owner of the affected property may file with the city clerk a request for a hearing on determination of status.
(F) Upon receiving a request for such a hearing on determination of status from the owner of the affected property, the city clerk shall fix a time, date and place for a hearing to be conducted by the commission and shall notify the property owner of that time, date and place for the hearing by certified mail. The hearing shall be conducted not more than 60 days following receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the commission and the property owner.
(G) 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 this section. At the conclusion of the hearing, the commission 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 its determination. A determination of merger shall be recorded within 30 days after conclusion of the hearing.
(H) If the property owner does not file a request for a hearing within 30 days after the notice of intention to determine status is recorded, the commission may within 90 days of the expiration of such 30 days, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded within said 90 days. If a determination is made that the subject property shall not be merged, city staff shall file with the Ventura County recorder a release of the notice of intention to determine status and shall mail a clearance letter to the then current owner of record.
(`64 Code, Sec. 27-13) (Ord. No. 1684, 2243)
DIVISION 2. SUBDIVISION AND PARCEL MAPS
Each tentative subdivision map shall meet the following requirements and contain the following information:
(A) Scale, ratio is optional, except that it shall be not less than 100 feet equals 1 inch;
(B) Name or number of subdivision;
(C) Name of developer, with address and telephone number, if any;
(D) Name of owner, with address and telephone number, if any;
(E) Name of person preparing tentative subdivision map, with address and telephone number, if any;
(F) Acreage within proposed development;
(G) North arrow;
(H) Date of tentative subdivision map;
(I) Boundary lines, with legal description of total parcel;
(J) Location and width of proposed streets with approved access to the subject property together with location of all recorded easements;
(K) Names of proposed streets;
(L) Names, width and location of adjacent streets;
(M) Sketch showing manner in which proposed subdivision will fit into master plan;
(N) Width and location of alleys;
(O) Lot lines and dimensions, and lot and block numbers;
(P) Contour map including the location and width of watercourses;
(Q) Legal description of property comprising subdivision;
(R) Width and location of all easements and rights-of-way;
(S) Proposed land use classification of lots;
(T) Location of existing utilities;
(U) Location of existing water wells;
(W) Radius and length of curves; and
(X) Location of underground irrigation and drainage lines.
(`64 Code, Sec. 27-15) (Ord. No. 1570)
A final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey, and shall conform to all of the following requirements:
(A) A final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the final map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
(B) The size of each sheet shall be 18 by 28 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the final map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.
(C) All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.
(D) Each lot or parcel shall be numbered and each block may be numbered or lettered. Each street shall be named. The subdivision number shall be shown together with the description of the real property being subdivided.
(E) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The final map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.
(F) When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report.
(G) Below the title shall be a subtitle consisting of a general description of all the property being subdivided by reference to deeds, subdivisions or sectional surveys. References to tracts and subdivisions shall be spelled out and worded identically with original records, with complete reference to proper book and page of the record. The title sheet shall show in addition the basis of bearings.
(H) Final maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously marked by the title, "The purpose of this map is a reversion to acreage."
(I) Sufficient data shall be shown to determine readily the bearing and length of each line. Dimensions of lots shall be the net dimensions. No ditto marks shall be used. Lots shall show net acreage to nearest hundredth.
(J) The final map shall show the center lines of all streets; lengths, tangent, radius and central angle or radial bearings of all curves; the bearing of radial lines to each lot corner of a curve; the total width of each street, the width of the portion being dedicated and the width of existing dedication; the width of portions of streets each side of the center line, also the width of rights-of-way of railroads, flood control or drainage channels and any other easements appearing on the map. Surveys in connection with the preparation of final maps shall be made in accordance with standard practices and principles for land surveying. A traverse of the boundaries of the subdivision and all lots and blocks shall close within a limit of error of 1 foot in 10,000 feet of perimeter.
(K) The final map shall show the center line data, width and side lines of all easements to which the lots are subject. If the easement is not definitely located of record, a statement as to the easement shall appear on the title sheet. Easements for storm drains, sewers and other purposes shall be denoted by broken lines. Distances and bearings on the side lines of the lots which are cut by an easement shall be shown as to indicate clearly the actual lengths of the lot lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties to locate the easement definitely with respect to the subdivision shall be shown. The easement shall be clearly labeled and identified, and, if already of record, proper reference to the records shall be given. Easements being dedicated shall be so indicated in the certificate of dedication.
(L) The final map shall show clearly what stakes, monuments or other evidence were found on the ground to determine the boundaries of the tract. The corners of adjoining subdivisions or portions thereof shall be identified and ties shown. Monuments shall be those required by Cal. Gov't Code, Section 66495.
(M) Wherever the engineer or county surveyor has established the center line of a street or alley, such data shall be considered in making the surveys and in preparing the final map, and all monuments found shall be indicated and proper references made to field books or maps of public record, relating to the monuments. If the point were reset by ties, that fact shall be stated. The final map shall show city boundaries crossing or adjoining the subdivision, clearly designated and tied in.
(N) The lots shall be numbered consecutively, commencing with the number 1, with no omissions or duplications. If the subdivision is a continuation of, or an addition to an existing subdivision, the lot numbers may commence with the number immediately following the last or highest number of the existing subdivision. Each lot shall be shown entirely on one sheet.
(O) If more than three sheets are used, an index, showing the entire subdivision, with lots numbered consecutively.
(P) Title, name or number of tract, date, north arrow and scale shall be indicated.
(Q) Description of land shall be included.
(R) Location and names without abbreviation shall be shown of all:
(1) Proposed streets and alleys with approved access to the subject property;
(2) Proposed public areas and easements; and
(3) Adjoining streets.
(S) Dimensions in feet and decimals of a foot shall be shown.
(T) Dimensions of all lots shall be indicated.
(U) Center line data including bearings and distances shall be indicated.
(V) Radius, tangent, arc and central angle of curves shall be indicated.
(W) Suitable primary survey control points shall be shown.
(X) Location of all permanent monuments shall be indicated.
(Y) Ties to and names of adjacent subdivisions shall be indicated.
(Z) Ties to any city or county boundary lines involved shall be indicated.
(AA) Required certificates shall be included.
(`64 Code, Sec. 27-16) (Ord. No. 1570)
Each tentative parcel map may, and each parcel map shall, be prepared by or under the direction of a registered civil engineer or licensed land surveyor; a tentative parcel map or parcel map shall show the location of streets and property lines bounding the property, and shall conform to all of the following requirements:
(A) A tentative parcel map or parcel map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. The tentative parcel or parcel map may be compiled from final map data, recorded parcel map data if based upon a field survey, records of survey, and upon field surveys if the survey, recording or filing of the source material is not more than 15 years old.
(B) Each tentative parcel map shall contain the following information:
(1) The boundary lines of the entire parcel including the area to be divided with dimensions, based on existing survey data or property descriptions. A legal description of the total parcel shall be attached to the map.
(2) The proposed division lines with dimensions and area of each parcel in square feet;
(3) Identification of each parcel with letter or number designation in consecutive order;
(4) All existing buildings and structures located on the land to be divided, together with their major exterior dimensions and distance from the buildings and structures to the boundary lines of the parcels which are to be created by the proposed land division;
(5) The location of existing wells, septic tanks, leaching fields, sewer lines, water lines, underground irrigation and drainage lines, culverts or other underground structures within each parcel and immediately adjacent thereto, with sizes and grades indicated;
(6) The location and names of all abutting streets, alleys, easements and the closest intersection as well as property lines bounding the property;
(7) The location of all existing curb cuts or points of ingress and egress on each parcel within the parcel map;
(8) The location and width of any streets, alleys, easements or curb cuts proposed by the developer;
(9) The location of proposed sanitary sewers, storm water drain, water lines, underground utilities and other public utilities;
(10) Sufficient elevation and contours to determine the general slope of the land and the high and low points thereof;
(11) Approximate location of all areas subject to inundation or storm water overflow and the location, width and directions of flow of all water courses;
(12) Existing use or uses of the property and proposed use of property; if property is proposed to be used for more than one purpose, the area, lot or lots proposed for each type of use;
(13) Statement of the improvements and public utilities proposed to be made or installed and of the time at which the improvements are proposed to be completed;
(14) Tree planting proposal and location, including a landscape plan and provision for maintenance when required by the city;
(15) Approximate location of each area covered by brush or trees with a statement of the nature of such cover, and the kind and approximate location of all trees standing within the proposed rights-of-way;
(16) The names, addresses and telephone numbers of the property owners, the person filing the map, and the registered civil engineer or licensed land surveyor who prepared the tentative parcel map;
(17) Source of data from which the tentative parcel map was drawn;
(18) A vicinity map not to exceed four inches by four inches on the upper right-hand corner;
(19) Any additional information necessitated by the character of the particular development to facilitate consideration by the commission and the city council; and
(20) Width and locations of all recorded easements and rights-of-way.
(C) Each tentative parcel map and parcel map shall meet the following requirements.
(1) The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the tentative parcel map and parcel map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the tentative parcel map and parcel map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.
(2) Each parcel shall be numbered or otherwise designated. The subdivision number shall be shown together with the description of the real property being subdivided.
(3) The exterior boundary of the land included within the development shall be indicated by distinctive symbols and clearly so designated.
(4) The tentative parcel map and parcel map shall show the location of each parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey but only by reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more.
(5) Subject to the provisions of Cal. Gov't Code, Section 66436, a certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map is required.
(D) If any information required by this section may not be shown practically on a parcel map, that information shall be contained in a written owner's statement which shall be attached to and accompany the map.
(`64 Code, Sec. 27-17) (Ord. No. 1570)
Any map of a condominium or community apartment project is not required to show the buildings or the manner in which the buildings or the airspaces above the property shown on the map are to be divided. Fees and lot design requirements shall be computed and imposed with respect to such maps on the basis of parcels or lots of the surface of the land shown thereon as included in the project.
(`64 Code, Sec. 27-18) (Ord. No. 1570)
(A) A “vesting tentative map” shall mean a “tentative map” for a subdivision that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time such map is filed in accordance with this chapter. The purpose of a vesting tentative map is to confer certain development rights not applicable to a tentative map.
(`64 Code, Sec. 27-19.00) (Ord. No. 2765)
(B) Whenever an application for a tentative subdivision map or tentative parcel map is required to be filed for a development, an application for a vesting tentative map may instead be filed, in accordance with the provisions herein.
(`64 Code, Sec. 27-19.01) (Ord. No. 2765)
(C) An application for a vesting tentative map shall be filed in the same form, have the same contents, and shall be processed in the same manner as an application for a tentative map except that:
(1) At the time filed, an application for a vesting tentative map shall have printed conspicuously on its face the words “Vesting Tentative Map;” and
(2) At the time an application for a vesting tentative map is filed, a subdivider shall also supply complete improvement plans for sewer, water, drainage, street, grading and appurtenant improvements along with supporting calculations in accordance with public works department standards and criteria. The development services department will review and approve the improvement plans to verify they are in accordance with city standards before the "Vesting Tentative Map" is heard by the commission. The application shall not be complete until such review and approval has been made by the development services department.
(`64 Code, Sec. 27-19.02) (Ord. No. 2765)
(D) Upon filing an application for a vesting tentative map, the subdivider shall pay the fees required by the city council resolution for the filing and processing of an application for a tentative map.
(`64 Code, Sec. 27-19.03)
(E) The vesting tentative map shall expire when a tentative subdivision map would expire and shall be subject to the same criteria for extensions as established for a tentative subdivision map. The duration of the rights therein is governed by subsection (F) below.
(`64 Code, Sec. 27-19.04)
(F) (1) The approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with applicable ordinances, policies, and standards as if a final map had been then approved, subject to the provisions herein.
(2) Nothing in this section is intended to affect the city’s ability to conditionally approve or deny maps.
(3) The rights referred to herein shall expire unless the final map is approved prior to the expiration of the vesting tentative map in which case these rights shall last for the following periods oftime:
(a) 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 map for that phase is recorded.
(b) The initial time period set forth in subdivision (3)(a) shall be automatically extended 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.
(c) A subdivider may apply to the commission for a one year extension at any time before the initial time period set forth in subdivision (3)(a) expires. If the extension is denied, the subdivider may appeal that denial to the city council within 15 days.
(d) If the subdivider submits a complete application for a building permit before the rights under the vesting tentative map have expired, those rights shall automatically continue until the expiration or extension of that permit.
(`64 Code, Sec. 27-19.05) (Ord. No. 2367, 2445)
(G) (1) Whenever a subdivider files an application for a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noticed on the vesting tentative map. The city may deny an application or approve it conditioned on the subdivider, or designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer a vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map as approved.
(2) The rights conferred by this section shall be for the time periods set forth in subsection(F)(3).
(`64 Code, Sec. 27-19.06) (Ord. No. 2077)
(H) Any fees associated with a vesting tentative map that would be subject to the fee limitations set forth in Kaufman & Broad Central Valley, Inc. v. City of Modesto, 25 Cal. App. 4th 1577, shall be calculated as follows:
(1) Capital improvement fees shall include those fees set forth in Article VI of Chapter 15 of the City Code at the time the application is deemed complete. Any such fee shall be adjusted by multiplying the fee in effect at the time of application by the Engineering News Record Construction Cost Index for Los Angeles at the time of payment of the fee in question and dividing such product by the Engineering News Record Construction Cost Index for Los Angeles at the time the application was deemed complete. However, if the resulting quotient is greater than the actual fee applicable at that time to subdivisions that are proceeding without a vested tentative map, the actual fee will be used.
(2) All other fees charged by the city at the time the application is deemed complete shall be adjusted by multiplying the fee in effect at the time of application by the Consumer Price Index for the Los Angeles-Anaheim-Riverside Area at the time of payment of the fee in question and dividing such product by the Consumer Price Index for the Los Angeles-Anaheim-Riverside Area at the time the application was deemed complete. However, if the resulting quotient is greater than the actual fee applicable at that time to subdivisions that are proceeding without a vested tentative map, the actual fee will be used.
(Ord. No. 2765)
ARTICLE III. PROCEDURES
DIVISION 1. GENERALLY
(A) Public hearings shall be held and notice thereof given pursuant to section 15-42 for all hearings required by the Subdivision Map Act and this chapter, and any interested person may appear at such public hearings and be heard.
(B) Appeals from the actions of the commission with respect to tentative subdivision maps may be taken in the manner provided by Cal. Gov't Code, Section 66452.5.
(`64 Code, Sec. 27-20) (Ord. No. 1570, 2367, 2445)
No application for any map required by this article shall be accepted for filing without the written consent of all persons having a record title interest in the real property as defined in Cal. Gov't Code, Section66436.
(`64 Code, Sec. 27-21) (Ord. No. 1570)
If at any time during the processing of an application for any map under this article city staff discovers that any required supporting material has not been filed, the map has been improperly or incorrectly prepared, or that required information has not been submitted, the director shall promptly give written notice thereof to the subdivider. The time limits specified by this article shall not run until proper corrections have been made or required material or information has been submitted as required by such notice.
(`64 Code, Sec. 27-22) (Ord. No. 1570)
Prior to initiating an application for a division of land subject to this article, the subdivider shall request of the planning and environmental services division ("planning division") an environmental review of the proposed project.
(`64 Code, Sec. 27-23) (Ord. No. 1570)
DIVISION 2. TENTATIVE SUBDIVISION MAPS
Every proposed division of land requiring the approval of a final map or a parcel map shall be initiated by the submission of an application for a tentative subdivision map as required in article II of this chapter.
(`64 Code, Sec. 27-25) (Ord. No. 1570)
An application for a tentative subdivision map shall be prepared and submitted with sufficient copies as required by the planning division and shall be filed not more than 30 days or less than 21 days prior to the meeting at which the application will be considered, by delivery of the application to the secretary of the commission.
(`64 Code, Sec. 27-26) (Ord. No. 1570, 2367, 2445)
(A) An application for a tentative subdivision map shall be accompanied by the completed check list of all information required and written reports and statements giving essential information relating to the:
(1) Development plan, including phasing of development and proposed final map units;
(2) Type of streets, curbs, gutters, sidewalks, cross gutters, improvements and utilities proposed to be installed;
(3) Proposed methods of sewage disposal;
(4) Proposed storm drain facilities, with special emphasis on dead-end streets;
(5) Protective covenants to be recorded, if any;
(6) Proposed tree planting and street lighting; and
(7) Removal of obstacles detrimental to the completion of the improvements of the subdivision, including underground drainage and irrigation facilities.
(B) If an environmental impact report is required by the proposed land division, any necessary environmental data shall be submitted at the time of filing an application for a tentative subdivision map or within the time thereafter specified by the director.
(`64 Code, Sec. 27-27) (Ord. No. 1570)
(A) On receipt of the required number of copies of the application for a tentative subdivision map and the required supporting material, the director shall set a time and place for and call a meeting of the staff advisory committee for the purpose of studying the application.
(B) The staff advisory committee shall make a written report of its findings.
(C) A report concerning the application for a tentative subdivision map shall be submitted to the commission at the meeting at which the commission will consider the application.
(`64 Code, Sec. 27-28) (Ord. No. 1570, 2367, 2445)
Any report or recommendation by city staff concerning an application for a tentative subdivision map and directed to the commission or the city council shall be in writing, and a copy shall be made available to the subdivider at least three days prior to any consideration or action on the tentative subdivision map by the commission or the city council.
(`64 Code, Sec. 27-29) (Ord. No. 1570, 2367, 2445)
Within 50 days after an application for a tentative subdivision map has been filed with the commission, the commission shall hold a noticed public hearing and by resolution recommend approval, conditional approval or disapproval of the tentative subdivision map and report the action to the subdivider and the city council. If the recommendation is for conditional approval, the resolution shall recite the conditions. A copy of the resolution shall be transmitted promptly to the city council by delivery to the city clerk, together with a copy of the application for a tentative subdivision map and all supporting material.
(`64 Code, Sec. 27-30) (Ord. No. 1570, 1779, 2367 2445)
At the next regular meeting of the city council following the filing of the commission's report, the city council shall fix a date for a noticed public hearing at which the application for a tentative subdivision map will be considered. The date set shall be within 30 days thereafter, and the city council shall approve, conditionally approve or disapprove the tentative subdivision map within such 30-day period.
(`64 Code, Sec. 27-31) (Ord. No. 1570, 1779)
(A) The secretary of the commission shall give all required notices of public hearings held by the commission. The city clerk shall give all required notices of public hearings held by the city council.
(B) Public hearings shall be held and notice thereof given in all of the following ways for all hearings required by the Subdivision Map Act and this chapter:
(1) At least ten days before the hearing, a notice that includes the information specified in Cal. Gov't Code, Section 65094 shall be published pursuant to Cal. Gov't Code, Section 6061 in at least one newspaper of general circulation within the city.
(2) At least ten days before the hearing, such notice shall be mailed or delivered to the owner of the subject real property or the owner's duly authorized agent, and to the subdivider.
(3) At least ten days before the hearing, such notice shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
(4) At least ten days before the hearing, such notice shall be mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, city staff may use records of the county assessor or tax collector that contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or subsection (B)(2) of this section is greater than 1,000, city staff, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days before the hearing. If city staff chooses to provide notice by publication of a display advertisement, city staff may also, in its discretion, post such notice at least ten days before the hearing on the subject property and every 100 feet along a public street that abuts the property.
(`64 Code, Sec. 27-31.5) (Ord. No. 1779, 2367, 2445)
If no action is taken on the application for a tentative subdivision map by the city council within the specified 30-day period, or any authorized extension thereof, the application as filed shall be deemed to be approved insofar as it complies with the requirements of the Subdivision Map Act and of this chapter. The city clerk shall certify such approval.
(`64 Code, Sec. 27-32) (Ord. No. 1570)
If the city council conditionally approves a tentative subdivision map, the developer may submit an application for a corrected tentative subdivision map or may proceed with the preparation of the final map, meeting all conditions of the conditional approval; provided, however, that the city council may require the submission of an application for an amended tentative subdivision map to conform to the conditions imposed by conditional approval.
(`64 Code, Sec. 27-33) (Ord. No. 1570)
Conditions imposed on a tentative parcel map requiring improvements shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created. Requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map, or by separate instrument, and recorded in the manner provided in Cal. Gov't Code, Section 66411.1. The fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued, or until such time as the construction of such improvements is required pursuant to an agreement; except that in the absence of such an agreement the city council may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of such permit or other grant of approval upon a finding either that such fulfillment is necessary for reasons of the public health and safety, or that the required construction is a necessary prerequisite to the orderly development of the surrounding area.
(`64 Code, Sec. 27-34) (Ord. No. 1570, 1684, 2367, 2445)
(A) An approved or conditionally approved tentative subdivision map shall expire 36 months after its approval or conditional approval.
(B) On application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative subdivision map, the time at which the tentative subdivision map expires may be extended not to exceed a total of 36 months, which period of extension shall be in addition to the period of time provided by subsection (A).
(C) (1) The application shall be heard by the commission, which shall make a recommendation to the city council.
(2) The city council, after considering the recommendation of the commission, shall decide whether to grant the application.
(3) The procedure for applications and hearings regarding map extensions shall be the same as for original maps.
(`64 Code, Sec. 27-35) (Ord. No. 1570, 2312, 2367, 2445)
The expiration of the term of an approved or conditionally approved tentative subdivision map shall terminate all proceedings, and no final map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative subdivision map.
(`64 Code, Sec. 27-36) (Ord. No. 1570)
DIVISION 3. FINAL MAPS AND PARCEL MAPS
(A) Following approval or conditional approval of a tentative subdivision map, the developer may cause the real property included within the tentative subdivision map, or any part thereof, to be surveyed and a final map or parcel map thereof prepared in accordance with the approved or conditionally approved tentative subdivision map.
(B) Prior to the expiration of the term of the approved or conditionally approved tentative subdivision map, an application for a final map or parcel map conforming to the tentative subdivision map may be filed in accordance with the requirements of this division.
(`64 Code, Sec. 27-40) (Ord. No. 1570, 2367, 2445)
(A) An application for a final map or parcel map shall not be deemed complete until the following items have been submitted to the city:
(1) All the certificates required by the Subdivision Map Act, completed and signed, and where necessary acknowledged, excepting those signatures required of the county clerk, the city treasurer and the city clerk;
(2) A title report and soils report required by conditional approval of the tentative map;
(3) Final improvement plans approved by the city engineer; and
(B) Unless waived by mutual agreement between the subdivider and the city, upon compliance with this section, the time period specified in section 15-55 shall begin.
(`64 Code, Sec. 27-41) (Ord. No. 1570, 1795, 2367)
(A) Prior to the time of filing an application for a final map or parcel map, the subdivider shall submit in applicable cases a copy of proposed improvement agreement to the city attorney, who shall examine the document for form and sufficiency.
(B) If the proposed improvement agreement is satisfactory, the city attorney shall indicate approval of the form of document thereon and shall return the agreement to the developer for execution, completion and submission.
(C) The developer shall submit to the director the partially executed improvement agreement, the security required thereunder, and any information required to enable the director to consider the agreement on or before the date set by the director to consider and act upon the final map or parcel map.
(`64 Code, Sec. 27-42) (Ord. No. 1570, 2367, 2445, 2910)
(A) Before filing an application with the planning division for a final map or parcel map, the subdivider shall submit a copy of the map to the director, who shall review the affidavits and acknowledgments and the surveying data, mathematical data, computations and other matters, in order to determine whether the map complies with the requirements of the Subdivision Map Act, this chapter and any conditions imposed on the tentative subdivision map.
(B) If the director finds that the final map or parcel map does not so comply, he/she shall return the final map or parcel map to the subdivider, together with a statement of the grounds for rejection of the final map or parcel map and the matters that must be corrected before the final map or parcel map may be resubmitted for his/her review.
(C) If the director finds that the final map or parcel map does so comply, the city engineer shall endorse his/her approval thereon and return the final map or parcel map to the subdivider.
(D) After a final map or parcel map is endorsed by the city engineer, the subdivider shall file with the planning division an application for director approval of the final map or parcel map.
(`64 Code, Sec. 27-43) (Ord. No. 1570, 2367, 2445, 2910)
An application for a final map or parcel map submitted to the director shall be accompanied by:
(A) A written memorandum of the subdivider, approved by the signature of the city engineer, stating that the final map or parcel map is in compliance with the approved tentative subdivision map or that it differs from the approved tentative subdivision map in certain respects which shall be set forth fully and in detail.
(B) The following data:
(1) Traverse sheets and work sheets showing the closure within the allowable limits of error of the exterior boundaries and of each block and lot of the development;
(2) A copy of the protective covenants to be recorded; and
(3) A memorandum in duplicate showing:
(a) The total area of the land division;
(b) The area in streets, in alleys and in easements;
(c) The total area in lots and of individual lots; and
(d) The area, in parks, school sites or other lands offered for dedication or reserved for future or quasi-public use.
(`64 Code, Sec. 27-44) (Ord. No. 1570, 2367, 2445, 2910)
If the city receives an application for a final map or parcel map:
(A) The director shall notify the city council at its next regular meeting after the director receives the map that the director is reviewing the map for final approval.
(B) The city clerk shall provide notice of any pending approval or disapproval by the director, which notice shall be attached and posted with the city council’s regular agenda and shall be mailed to interested parties who request notice.
(C) The director shall approve or disapprove the final map within ten days following the meeting of the city council that was preceded by the notice in (B), above.
(D) The director’s action may be appealed to the city council pursuant to the appeal procedures set forth in section 15-25.
The city council shall periodically review the delegation of authority to the director.
(`64 Code, Sec. 27-45) (Ord. No. 1570, 2445, 2910)
All streets, highways, easements and parcels of land shown on the final map or parcel map which are intended for public use shall be offered for dedication for public use by the subdivider, and the director shall have the right to reject, accept or conditionally accept the offers of dedication.
(`64 Code, Sec. 27-46) (Ord. No. 1570, 2910)
DIVISION 4. REQUIREMENTS OF APPROVAL
(A) Approval shall be denied to any map for failure to meet or perform any requirement or condition imposed by the Subdivision Map Act or this chapter, including failure to submit all required information, plans, reports or agreements. A final map or parcel map shall be disapproved only for failure to meet or perform requirements or conditions which are applicable to the subdivision at the time of approval of the tentative subdivision map.
(B) Any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. Where the failure of any map to meet or perform any requirement or condition is the result of a technical and inadvertent error which, in the determination of the director, does not materially affect the validity of any map, the map may be approved.
(`64 Code, Sec. 27-50) (Ord. No. 1570, 1684, 2910)
Approval shall be denied to any map which is not consistent with the city's general plan or a specific plan adopted thereunder or which depicts a land division or a land use which is not compatible with the objectives, policies, general land uses and programs specified in the city's general plan.
(`64 Code, Sec. 27-51) (Ord. No. 1570)
(A) Approval and recommendation thereof shall be denied to any map by the director, city council or the commission on any of the following findings:
(1) The proposed map is not consistent with applicable general plan and specific plan;
(2) The design or improvement of the proposed development is not consistent with applicable general plan and specific plan;
(3) The site is not physically suitable for the type of development;
(4) The site is not physically suitable for the proposed density of development;
(5) The design of the development or the proposed improvements are likely to cause substantial environmental damage or to substantially and avoidably injure fish or wildlife or their habitat;
(6) The design of the development or the type of improvement is likely to cause serious public health problems; and
(7) The design of the development or the type of improvement will conflict with easements, acquired by the public at large, for access through or use of property within the proposed development; provided, however, that approval may be granted if it is found that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to the ones previously acquired by the public.
(B) Approval under this section shall not be denied to any final map or parcel map which is in substantial compliance with a valid previously approved tentative subdivision map; nor shall approval be denied to any map of a condominium project or a community apartment project because of design or location of buildings on the property shown on the map not violative of local ordinance or because of the manner in which air space is to be divided in conveying the condominium.
(`64 Code, Sec. 27-52) (Ord. No. 1570, 1684, 2367, 2445, 2910)
Approval shall be denied to any map which does not provide for, have available, or offer dedication of reasonable public access to public natural resources as required by Cal. Gov't Code, Article 3.5.
(`64 Code, Sec. 27-53) (Ord. No. 1570)
(A) Approval may be denied to any map if discharge of waste from the proposed development into an existing community sewer system would result in violation of existing requirements prescribed by a State regional water quality control board.
(B) The determination of water quality control requirements relating to every subdivision shall be made at the time of consideration for approval of any map.
(`64 Code, Sec. 27-54) (Ord. No. 1570)
(A) No map filed pursuant to the provisions of this chapter shall be approved until an environmental assessment has been made and, if necessary, until an environmental impact analysis is prepared, processed and considered.
(B) The subdivider shall provide such additional data and information and shall pay or deposit such fees as may be required for the preparation and processing of environmental review documents.
(`64 Code, Sec. 27-55) (Ord. No. 1570)
Every map approved pursuant to this chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property.
(`64 Code, Sec. 27-57) (Ord. No. 1570)
The director may for cause defer to a date certain, not to exceed 30 days, the submission of documents or the payment of fees required at the time of filing a final map or parcel map or required prior to the director consideration of a final map or parcel map.
(`64 Code, Sec. 27-58) (Ord. No. 1570, 2910)
DIVISION 5. DEVELOPMENT PLAN REVIEW
The purpose of this division is to establish a process for comprehensive review of certain development projects to insure that adopted city standards and policies are implemented, and that sound land use planning and design practices are followed. The city council further intends that the development plan review process will facilitate better design and maximize the quality of development which serve all segments of the community.
(`64 Code, Sec. 27-59.1) (Ord. No. 1778)
(A) Approval of a development plan shall be required for all attached or detached single-family residential development projects for which a tentative subdivision map is required. A development plan shall not be required for a residential development project where a planned development permit or special use permit would also be required. In the case of a custom home subdivision, the director may waive the requirements of this division. Tract type housing shall not be constructed upon a custom home subdivision for which a development plan was waived. Prior to the issuance of a building permit, the plans for each custom home shall be reviewed by the director.
(B) The development plan shall be submitted either prior to or concurrent with the application for approval of a tentative subdivision map or parcel map for such projects.
(`64 Code, Sec. 27-59.2) (Ord. No. 1778)
(A) The development plans submitted as part of a residential subdivision shall be reviewed and approved as a prerequisite to the tentative subdivision map approval of that project. Such review and approval shall be conducted concurrently with review of the tentative subdivision map. The application shall include, but is not limited to, the following:
(1) A site plan showing the location and arrangement of all structures to be initially constructed;
(2) Floor plans and full elevations of all buildings or models;
(3) Details of exterior materials and colors for structures, including fencing and walls;
(4) A preliminary landscape plan;
(5) A fee as set by resolution of the city council; and
(6) Additional material requested by the director.
(B) Failure to supply any of the above material shall constitute an incomplete application for tentative map approval.
(`64 Code, Sec. 27-59.3) (Ord. No. 1778)
(A) The director shall determine whether development plans meet the following standards:
(1) The relationship of the proposed subdivision and improvements to the uses and physical limitations created by surrounding development;
(2) Conformity of design, colors, material and architecture with neighboring structures;
(3) Conformity with specific design criteria and standards adopted by the city; and
(4) Conformity to any specific plan or other plan adopted by the city.
(B) The director shall approve, conditionally approve or disapprove the submitted development plan based upon the above standards and shall summarize and incorporate his/her findings in the staff analysis. The decision of the director shall be reviewed by the commission at a noticed public hearing. The commission's comments and recommendations shall be included in its resolution acting upon the corresponding tentative subdivision map. Notice of the public hearing shall comply with section 15-42 of this chapter.
(`64 Code, Sec. 27-59.4) (Ord. No. 1778)
After approval of a subdivision for which a development plan has been approved, no structure shall be erected or any improvement located or constructed, unless such improvement conforms to the development plan. However, after the project has been constructed in conformity with the development plan, any improvements constructed by subsequent residents or property owners need only conform to the requirements of the zone or other applicable regulations and shall not require an amended development plan.
(`64 Code, Sec. 27-59.5) (Ord. No. 1778)
(A) A development plan may be amended upon request of the subdivider and payment of the established fee prior to the issuance of building permits for the subdivision or a portion thereof. The proposed amendment shall be reviewed by the director whose decision shall be final unless the subdivider requests review by the commission, in which case the application shall be processed pursuant to sections 16-444et seq. of the code.
(B) The director may approve minor modifications to an approved development plan at any time.
(`64 Code, Sec. 27-59.6) (Ord. No. 1778)
ARTICLE IV. DEDICATIONS AND RESERVATIONS
DIVISION 1. PUBLIC EASEMENTS
(A) As a condition of approval of any map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision or development that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other publiceasements.
(B) The subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.
(`64 Code, Sec. 27-60) (Ord. No. 1570)
A condition of approval of any map may require that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map or parcel map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the waiver of direct access.
(`64 Code, Sec. 27-61) (Ord. No. 1570)