(a) Final maps and parcel maps shall be filed with the City Engineer for approval or disapproval. The City Engineer shall notify the Council at its next regular meeting after the City Engineer has determined that the map has been completely and timely filed that the City Engineer is reviewing the map for final approval or disapproval. The City Clerk shall provide notice of any pending approval or disapproval by the City Engineer, which notice shall be attached and posted with the Council’s regular agenda and shall be mailed to interested parties who request notice. The City Engineer, after consultation with the Community Development Director or designee as to the compliance of the final map with the approved tentative map and any conditions attached thereto, shall then approve or disapprove the final map within ten (10) days following the meeting of the Council at which notice of the pending decision was provided by the City Clerk. If the final map is approved, the City Engineer shall execute any improvement agreement and accept any improvement security on behalf of the City only after the exhaustion of any appeal period in subsection (e) below.
(b) The City Engineer shall deny the approval of the final map upon making a finding that it does not fully comply with Article 9 of this chapter or does not substantially comply with the approved tentative map or the requirements or conditions which were applicable to the subdivision at the time of the approval of the tentative map; provided, however, disapproval for failure to conform to a tentative map shall be accompanied by written findings identifying the requirements or conditions which have not been met or performed. In the event of a denial, the City Engineer may instruct the subdivider to make the recommended corrections and revise the final map. The City Engineer may approve the resubmitted map if it complies with the requirements of this subsection.
(c) Where it appears that the failure of any map to meet any requirement or condition is the result of a technical and inadvertent error which, in the determination of the City Engineer, does not materially affect the validity of the map, the map may be approved.
(d) Final maps or parcel maps for condominiums, community apartment projects, and stock cooperative apartment projects shall not be approved unless the City Engineer finds that the notices to the tenants of such proposed projects required by Section 66427.1 of the Subdivision Map Act have been given.
(e) The City Engineer’s action under this section may be appealed to the Council within ten (10) calendar days of the date of the action in the same manner that decisions of the Planning Commission are appealed to the Council pursuant to Section 9-3.702(a)(3) of this Code.
(f) The Council shall periodically review the delegation of authority to the City Engineer provided by this section.
(g) Upon the approval of the final map, and the receipt of the improvement security by the City, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map or have an authorized agent forward the map, in the case of a final map, to the Clerk of the Board of Supervisors of the County for transmittal to the County Recorder and, in the case of a parcel map, directly to the County Recorder.
(Ord. 744-NS, eff. April 17, 1980, as amended by § 3, Ord. 1537-NS, eff. June 25, 2010)