Chapter 28 Subdivisions

City of Lompoc, California

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(See Zoninq Ordinance for Additional Information)

CHAPTER 28.

SUBDIVISIONS.

CHAPTER 28. General Provisions ....................................................................28-1 Article 1. General Provisions..........................................................................28-1 Section 2801. Subdivision Map Act ..........................................................................28-1 Section 2802. Building Permits .................................................................................28-1 Section 2803. Violation Prohibited............................................................................28-2 Section 2804. Deeds Voidable. Certificate of Compliance.....................................28-2 Section 2805. Advisory Agency. Subdivision Review Board .................................28-2 Section 2806. Reserved............................................................................................28-3 Section 2807. Rules and Regulations ......................................................................28-3 Section 2808. Reserved............................................................................................28-3 Section 2809. Variances............................................................................................28-3 Section 2810. Reserved............................................................................................28-3 Section 2811. Existing Conditions ............................................................................28-3 Section 2812. Findings..............................................................................................28-4 Section2813. Definitions...........................................................................................28-5 Section 2814. Expiration of Tentative Map Approval...............................................28-6 Section 2815. Notice of Violation ..............................................................................28-7 Section 2816. Merger of Parcels...............................................................................28-7 Article 1.5. Maps Required.................................................................................28-8 Section 2817. When Maps Are Not Required..........................................................28-8 Section 2818. Maps Required...................................................................................28-8 Section 2819. Submittals. Fees ...............................................................................28-9 Article 2. Subdivision Requirements ............................................................28-9 Section 2820. Lot Size...............................................................................................28-9 Section 2821. General Design and Improvement Standards.................................28-10 Section 2822. Optional Design and Improvement Standards.................................28-11 Section 2823. Improvements Required....................................................................28-12 Article 3. Preliminary and Tentative Map Procedure..................................28-13 Section 2824. GIS......................................................................................................28-13 Section 2825. Preliminary Map to be Filed...............................................................28-14 Section 2826. Preliminary Map Review....................................................................28-14 Section 2827. Appeal.................................................................................................28-15

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Section 2828. Reserved............................................................................................28-15 Section 2829. Tentative Map to be Filed..................................................................28-15 Section 2830. Tentative Map Review.......................................................................28-18 Section 2831. Reserved............................................................................................28-19 Section 2832. Planning Commission Action ............................................................28-19 Article 4. Final Map Procedure.......................................................................28-20 Section 2833. Final Map to be Filed .........................................................................28-20 Section 2834. Final Map............................................................................................28-20 Section 2835. Reserved............................................................................................28-25 Section 2836. Public Improvements to be Provided................................................28-25 Section 2837. Soil Report..........................................................................................28-26 Section 2838. Final Map Review ..............................................................................28-27 Section 2839. City Council Action.............................................................................28-30 Section 2840. Time of Construction of Improvements for Remainder Parcels ............................................................................28-31 Section 2841. Recording of Final Map .....................................................................28-32 Article 5. Parcel Map Procedure ....................................................................28-32 Section 2842. Governing Provisions ........................................................................28-32 Section 2843. Tentative Parcel Map to be Filed ......................................................28-32 Section 2844. Tentative Parcel Map Review...........................................................28-34 Section 2845. Reserved............................................................................................28-35 Section 2846. Planning Commission Action ............................................................28-35 Section 2847. Notice of Construction Requirements...............................................28-35 Section 2848. Reserved............................................................................................28-36 Section 2849. Parcel Map Recording.......................................................................28-36 Section 2850. Waiver of Parcel Map ........................................................................28-37 Article 6. Reversion to Acreage Maps ..........................................................28-38 Section 2851. Reversions to Acreage by Final Map ...............................................28-38 Section 2852. Initiation of Proceedings by Owners .................................................28-38 Section 2853. Data for Reversion to acreage..........................................................28-39 Section 2854. Fees....................................................................................................28-39 Section 2855. Proceedings before the Council........................................................28-39 Section 2856. Return of Fees, Deposits; Release of Securities .............................28-40 Section 2857. Delivery of Final Map.........................................................................28-40 Section 2858. Effect of filing Reversion Map with the County Recorder................................................................................28-40 Article 7. Appeals .............................................................................................28-41 Section 2859. Appeals...............................................................................................28-41

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Article 8. Residential Condominiums ...........................................................28-41 Section 2860. Title .....................................................................................................28-41 Section 2861. Purpose ..............................................................................................28-41 Section 2862. Definitions...........................................................................................28-41 Section 28-63. Planned Residential Developments and Residential Condominiums ...............................................................28-43 Section 2864. Reserved............................................................................................28-47 Section 2865. Reserved............................................................................................28-47 Section 2866. Conversion to Condominium ............................................................28-47 Article 9. Vesting Tentative Maps ..................................................................28-51 Section 2867. Citation and Authority ........................................................................28-51 Section 2868. Purpose and Intent ............................................................................28-51 Section 2869. Consistency........................................................................................28-51 Section 2870. Definitions...........................................................................................28-52 Section 2871. Application..........................................................................................28-52 Section 2872. Filing and Processing ........................................................................28-52 Section 2873 Fees....................................................................................................28-53 Section 2874. Expiration............................................................................................28-53 Section 2875. Vesting on Approval of Vesting Tentative Map................................28-53 Section 2876. Development Inconsistent with Zoning Conditional Approval..........................................................................28-54 Section 2877. Applications Inconsistent with Current Policies................................28-54 Article 10. Park Improvement Fee and Dedications .....................................28-55 Section 2878. Purpose ..............................................................................................28-55 Section 2879. Definitions...........................................................................................28-55 Section 2880. Requirements.....................................................................................28-55 Section 2881. Calculation of the Fee........................................................................28-56 Section 2882. Dedication of Land.............................................................................28-57 Section 2883. Limitations on Use .............................................................................28-58 Section 2884. Time Limitations.................................................................................28-58 Section 2885. Credits ................................................................................................28-58

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(See Zoning Ordinance for Additional Information) CHAPTER 28: SUBDIVISIONS.

Article 1. General Provisions.

Section 2801. Subdivision Map Act. The provisions of the Subdivision Map Act of the State of California, and the provisions of this Chapter shall apply to the division of any real property wholly or partially within the City of Lompoc. This Chapter is adopted pursuant to and shall be applied together with and in conformance with the Subdivision Map Act and the Land Surveyors Act (Bus. and Prof. Code Sec. 8700 et seq). It shall be known as the Subdivision Ordinance of the City of Lompoc. Section 2802. Building Permits. A. No permit or entitlement issued by the City shall be issued to any applicant, whether it be the original owner, grantee or other person or the irrespective successors in interest, for a use on or of land or any portion thereof which has at any time been divided in violation of a City Ordinance or the Subdivision Map Act if it is found that development of such property is contrary to the public health or safety. B. Such a permit may be issued if the Planning Commission, or the City Council upon appeal, imposes such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and such conditions are accomplished or secured to the satisfaction of the City. C. No occupancy permit shall be given for any new building being constructed within a subdivision until all of the following improvements, if required under an improvement agreement for that subdivision, are completed.

1. Sewer mains. 2. Water mains. 3. Electric lines. 4. Street pavement. 5. Curb and gutters. 6. Storm Drains. 7. Sidewalk and driveway approaches adjacent to the parcel for which

occupancy is to be granted.

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The Planning Commission may allow occupancy of buildings on certain parcels within the subdivision prior at completion of any of the above listed improvements, or portions thereof, upon the finding that such occupancy will not adversely affect public health, safety and welfare and will not endanger any building, for which occupancy is to be granted, or its occupants. Section 2803. Violation Prohibited. It shall be unlawful for any person to offer to sell, to contract to sell, or to sell, lease, or make any deed of conveyance of any division of land or any part thereof in the City unless and until all the requirements provided in this Chapter have been complied with. Any person who violates any of the provisions or fails to comply with any of the provisions or requirements of this Chapter is guilty of a misdemeanor. Each separate day during which any violation of the provisions of this Chapter occurs or continues shall constitute a separate offense punishable by a separate penalty. Section 2804. Deeds Voidable. Certificate of Compliance.

A. Any conveyance, sale or contract to sell made contrary to the provisions of this Chapter shall be voidable and damages recovered pursuant to Section 66499.32 of the Subdivision Map Act. B. The Community Development Director shall issue certificates of compliance required under Section 66499.35 of the Subdivision Map Act. A fee is required. Section 2805. Advisory Agency. Subdivision Review Board. A. Advisory Agency. The Planning Commission is hereby designated as the Advisory Agency to the City Council. It shall have all the powers and duties with respect to tentative and parcel maps and procedures relating thereto which are specified by the Subdivision Map Act and this Chapter. B. Advisory Agency. The Community Development Department is hereby designated as the Advisory Agency to the City Council in the specific case of reviewing a Lot Combination Map, according to the provisions of the State Subdivision Map and this Chapter. (Ord. No. 1237(85), adopted 11/5/85.)

C. Subdivision Review Board. There is hereby created a Subdivision Review Board, to consist of the following members: The Building Official, the Community Development Director, the City Engineer, the Water Superintendent, the Fire Chief, the Electrical Superintendent, the Park and Recreation Director, the City Attorney, and other department heads as requested by the Community Development Director. The Board shall have the powers and duties as specified by this Chapter and shall act in an advisory capacity to the Planning Commission. (Ord. No. 1237(85), adopted 11/5/85.)

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Section 2806. Reserved. Section 2807. Rules and Regulations. The Community Development Director may adopt rules and regulations relating to and necessary and proper for the interpretation and administration of this Chapter consistent with the provisions thereof. Section 2808.Reserved.

Section 2809.Variances.

The Planning Commission or, on appeal, the City Council may grant variances from the requirements set forth in Article 2 of this Chapter when all of the following conditions are found to apply.

A. That any variance granted shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity and of similar circumstance. A variance granted may be conditioned. Such conditions may make adjustments to assure conformity of the variance with the intent and purpose of this Chapter or be designed to eliminate any special privilege not so consistent.

B. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict literal application of this Chapter is found to deprive the property of privileges enjoyed by other properties in the vicinity.

Section 2810.Reserved.

Section 2 8 1 1 . Existing Conditions.

The design and improvement of subdivisions shall be approved with consideration of and be compatible with present and planned improvements as to dimensions, alignment, configurations, names, street numbers and similar existing characteristics of the City. Existing trees, native land cover, natural water courses, topography, geologic phenomena and unique environmental settings and considerations shall be respected in the design of the land division and the division shall be so designed and improved to prevent excessive grading, scarring and undue dislocations of soil and features of the landscape.

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Section 2812. Findings.

A. No tentative or final subdivision map or parcel map shall be approved unless the proposed land division, its design, and improvements are consistent with applicable general or specific plans of the City, including all environmental resource elements, the Zoning Ordinance and other plans and policies of the City and the Planning Commission, or Council so finds in writing. The failure of the Planning Commission or Council to make such findings shall be deemed disapproval of the proposed map. B. The Planning Commission or the City Council shall deny approval of a map if it makes any of the following findings:

1. That the map design or improvement of the proposed subdivision is not

consistent with applicable general and specific plans for this code. A subdivision is not so consistent unless it is compatible with the objectives, policies, general land uses and programs specified in such a plan. A report as to conformity to the General Plan, which is required pursuant to Section 65402 of the Government Code 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 Planning Commission on such division of land.

2. That the site is not physically suitable for the type of development proposed.

3. That the site is not physically suitable for the proposed density of the development.

4. That the design of the subdivision or the type of improvements is likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat or cause serious public health problems.

5. That the design of the subdivision or the type of improvements will conflict with easements of record or established by judgment, acquired by the public at large, for access through or use of, property within the proposed subdivision. The Planning Commission or City Council may approve a map if it finds that alternate easements and improvements thereon, for access or for use, have been provided, and that these will be substantially equivalent to one previously acquired by the public.

6. That the design and proposed improvements of the subdivision are inconsistent with local guidelines relating to implementation of the Environmental Quality Act of 1970.

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7. That the design of the subdivision or the proposed improvements is likely to cause substantial damage to a known site of historical or archaeological significance.

8. That waste discharged from the land division would result in violation of existing requirements of the California Regional Water Quality Board.

9. If the division fronts on a public waterway, river or stream, that it does not

provide or have available, reasonable public access by fee or easement from a public street to that portion of the bank of the river or stream bordering or lying within the proposed subdivision; or that it does not for dedication of a public easement along a portion of the bank of the river or stream bordering or lying within the subdivision; provided that disapproval is not required on the basis that reasonable public access to the river, etc. is not provided if the such reasonable public access is found to be available within a reasonable distance from the subdivision and such finding is set forth on the face of a tentative or final map. (Ord. No. 972(75).) Section 2813. Definitions. A. In general, unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this Section, the definitions and provisions contained in Section 0102 of this Code shall also govern the construction meaning, and application of words and phrases used in this article. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be. B. Bikeway means a right of way provided for bicycle travel pursuant to the City plans, rules and regulations relating to the establishment and maintenance of bikeways. C. Commission means the Planning Commission of the City.

D. Council means the City Council of the City.

E. City Engineer means the staff engineer of the City. (Ord. No. 972(75).)

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F. Flag lot means a lot having its buildable area removed from a public right-of-way connected to such right-of-way by means of a narrow extension of the lot.

G. Trail shall mean a right-of-way specifically designed and designated for non-vehicular use as a right-of-way by pedestrians or equestrians and shown on any portion of any general or specific plan map of the City . H. Cross Slope Average. Definition of Slope Average: The slope average of the lot shall be calculated as follows:

Slope Average = Difference in elevation between perimeter points Distance between the perimeter points.

The points shall be those on the perimeter of the lot such that a straight line connecting them is the maximum length while staying perpendicular to the contour lines. In the event that the lot has a point higher than both perimeter points, and in cases where difficulty arises in applying the above formula, the calculation shall be done as follows:

Slope = 0.002291L

A

The letters in this formula shall have the following significance:

I = the contour interval in feet L = the combined length of all contours in feet A = the net area of the parcel in acres

I. A Lot Combination is the removal of interior lot lines of contiguous parcels under common ownership. Approval of a lot combination requires a review by the Community Development Department together with recordation of a Certificate of Compliance for the new parcel. (Ord. No. 1237(85), adopted 11/5/85.)

Section 2814. Expiration of Tentative Map Approval.

A. Expiration. The approval or conditional approval of a tentative map shall expire twelve 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 thirty days before the approval or Conditional approval is

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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 two years.

D. Effect of Map Modification on Extension. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this Section. Section 2815. Notice of Violation. Whenever the Community Development Director becomes aware of a division of land in violation of the provisions of local ordinances adopted pursuant to the Subdivision Map Act or of said Act, he shall record in the Office of the County Recorder a notice of intention to record a notice of violation describing the violation. Said notice of intention shall be used to notify describing the real property in detail, naming the owners thereof and the owners of record that an opportunity will be given to the owners to present suitable evidence of compliance with the Map Act and local ordinance or reasons why a notice of violation should not be recorded. The notice of intention shall be mailed by certified mail, return receipt requested, to the owners of the time and date for presentation of evidence to the City and the intention of the City to record a notice of violation upon such finding by the Planning Commission. If, after receiving the owner's evidence, the Planning Commission finds a violation, or within sixty (60) days of receipt of the notice of intention, an owner has not objected, a notice of violation shall be recorded; otherwise not. Section 2816. Merger of Parcels. A. Whenever the Director of Community Development has knowledge that real property has merged under the provisions of this Chapter or the Map Act, he shall file for recording with the County Recorder, a Notice of Merger specifying the names of owners of record and the property description. Such recording will occur only after said owners have been advised in writing of the City's intention to record the notice at least thirty (30) days prior to said recording and specifying a time, date and place at which the property owner or owners may present evidence to the Planning Commission why such notice should not be recorded, and if, after public hearing thereon, the Planning Commission finds in favor of recording said notice. Such finding may be made within thirty (30)

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days after, but not more than fifty (50) days after mailing the notice to said property owners.

Whenever two or more contiguous parcels or units of land are held by the same owner and one parcel or unit does not conform to the standards for minimum parcel or building site size to permit its use or development under the City Code and at least one of such contiguous parcels or units is developed with a building constructed without a building permit or developed with a building which was built prior to the date building permits were required, then such parcels shall be merged for the purposes of the Subdivision Map Act and this Ordinance.

Article 1.5. Maps Required. Section 2817. When Maps Are Not Required. A. No maps shall be required for land divided by mineral, oil, or gas leases; land dedicated for cemetery purposes under the Health and Safety Code of the State of California; land divided by short-term leases (terminable by either party on not more than thirty (30) days notice in writing) of a portion of an operating right-of-way of a railroad corporation defined by Section 230 of the Public Utilities Code, provided, however, that such a showing made by the City Engineer based upon substantial evidence that public policy necessitates such a map, this Section shall not apply; and leases of land for agricultural purposes; or any conveyance of land to a governmental agency, public entity or public utility.

B. Lot Line Adjustments. No maps shall be required in the case of lot line adjustments approved by the Planning Commission after filing the tentative parcel map requesting such adjustment and the issuance and recording of a certificate of compliance for the lots after said approval is rendered. The Planning Commission may make minor adjustments to lot lines in order to correct errors or alleviate hardship.

Section 2818. Maps Required. A. A Lot Combination Map application shall be made in the same form as prescribed for tentative parcel maps (see Section 2829) except that a preliminary title report, prepared within three months prior to the application date shall also be filed. The Community Development Department shall provide public notice according to State Law (State Government Code Section 65091). The Community Development Department shall consider the report of the Subdivision Review Board and shall hold a hearing and decide

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the matter. Upon a finding by the Community Development Department that all design and improvement standards and environmental protection measures established by the City will be complied with, the Planning Director may approve the Lot Combination Map. Upon acceptance of all certificates, guarantees, or other documents which may be required in conjunction with the lot combination, the Community Development Department shall file a Certificate of Compliance, which shall contain an 8 1/2 by 11 inch reduction of the Lot Combination Map as an exhibit, and shall cause the certificate to be recorded in the office of the County Recorder. The Director's action may be appealed to the Planning Commission in the same manner as Zoning Ordinance Decisions (See Section 8922). (Ord. No. 1237(85), adopted 11/5/85.) B. A preliminary, tentative and final map shall be required for all divisions of land not exempted under Section 2817 or the Map Act when such land is to be divided into five or more parcels, five or more condominiums, as defined in Section 783 of the California Civil Code, or a community apartment project containing five or more parcels. (Ord. No. 1237(85), adopted 11/5/85.) Section 2819. Submittals. Fees.

A. All persons submitting maps required by this Chapter shall pay all fees and deposits provided by City ordinance or resolution relating thereto. Any submissions of a map shall not constitute submission for filing with the City until all attachments and required statements, instructions, environmental forms and clearances, and a completed application form with appropriate fees or receipts therefor are deposited with the proper department and a written receipt therefore is provided to the filer.

B. Failure to submit all materials and statements required by this Chapter shall constitute grounds for rejection of filing the application.

C. No subdivision fee or charge shall be accepted by the City Treasurer except upon a prior clearance being granted by the proper department.

Article 2. Subdivision Requirements

Section 2820. Lot Size. Minimum lot areas and dimensions for divisions of land shall be as set forth in the Comprehensive Zoning Ordinance. Lot areas and dimensions shall be enlarged to provide for suitable building areas on irregular shaped lots or lots with unbuildable are

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Section 2821. General Design and Improvement Standards.

A. A block may not be longer than 1,500 feet between intersecting streets. Residential lots other than corner lots, with frontage on more than one street (not including an alley) shall not be permitted unless access to one street has been relinquished and dedicated to the City. No lot shall be permitted which, by virtue of shape, topography, natural or man-made condition or design causes it to be in substantial part, unbuildable. B. Easements shall be required on all lots when necessary for public utilities or drainage.

C. A watercourse shall be shown as an easement dedicated to the public or shown to be adequately provided and protected by private agreement. Storm drains shall be placed in easements when existing public rights of way are not adequate. The City Engineer may require water courses to be placed entirely in underground conduits or otherwise improved.

D. Durable metal monuments, as specified in the Land Surveyors Act, whose material consistency, properties, design and information included thereon are approved by the City Engineer shall be installed at or referenced to the following locations:

1. At intervals of not more than 500 feet along boundary lines. Any stretch of more than 500 feet between monuments shall have a monument placed at or near its center.

2. At the beginning and ending of property line curves, boundary corners and points of intersection.

3. At lot corners. In addition, a lead and tack shall be set in the sidewalk or curb on the prolongation of lot sidelines. The distance of the prolongation from the nearest lot corner to the lead and tack shall be shown on the map.

4. On the centerlines of street and alleys at all intersections, all points of intersection

and at the beginning and ending of curves. E. Existing streets, sidewalks, bikeways and similar facilities shall be extended as required by the City.

F. Street stubs shall be required to adjacent unsubdivided, property when the City Engineer deems they are necessary for future public circulation or utility service to serve both the subdivision and said adjacent property.

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G. Streets shall intersect at or as near right angles as practicable with a maximum skew of 10 degrees.

H. All curb returns on minor streets shall have a minimum 20 foot radius, the curb return radius on all other streets shall be a minimum 30 feet. Where a minor and other street intersects, the larger radius shall apply. I. A "T" intersection may not be located closer than 150 feet to any other intersection.

J. Reserve strips, where required to control access over certain lot lines or over the ends of stub streets shall be dedicated or deeded to the City.

K. Alleys shall be required where necessary to provide access to or through blocks.

L. Bikeways shall be provided in accordance with applicable standards for construction where bikeways are required by the General or a Specific Plan or by the Planning Commission upon a finding of the necessity thereof to serve users of the subdivision. M. Names for proposed new streets shall be approved by the Community Development Director.

N. Streets, rights of way, and easements shall be offered for dedication by a statement on the map or transferred by separate document. The City may accept or reject any such offer or transfer at its option. O. Streets shall conform, as to alignment and width, to any applicable general or specific plan for streets and highways of the City, including but not limited to, the system of select streets and standard drawings and specifications. Section 2822. Optional Desiqn and Improvement Standards. When a land divider and the Planning Commission agree, deviations from the standards herein may be granted if the divider complies with Chapter 2, Article 5 (Section 7700 et seq), Article 9 (Section 8100 et seq) and Article 12 (Section 8400 et seq), of the Comprehensive Zoning Ordinance establishing requirements of the P-D Planned Development District, PC-D Planned Commercial Development District, or P-M Planned Manufacturing District, respectively.

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Section 2823. Improvements Required.

A. The design and type of improvements shall conform to the City standard details and specifications approved and in use by the City for public streets and facilities. Any permit required for work in a public street or place shall be obtained prior to commencement of installation of any improvements. B. Improvements to be installed shall include the following:

1. Paved streets, curbs, gutters, sidewalks and walkways, parking bays, bikeways and equestrian trails.

2. Water lines, cable television, gas, electric and other utility services to serve each lot, which utility shall be extended to the lot line.

3. Sanitary sewers and laterals to serve each lot, extended to the lot line.

4. Storm sewers, drains and channel improvements.

5. Slope planting, retaining walls and any other forms of erosion control.

6. Street tree wells.

7. Street trees. The property shall be conditioned to require that the developer record covenants providing that the property owner shall maintain the trees. Subsequent owners shall be put on notice of such requirements. Such trees shall also be subject to the provisions of Section 8817(6) of the Zoning Ordinance. (Ord. No. 1230(85), adopted 9/3/85.)

C. The following on-site and off-site improvements are required:

1. A developed water supply, or financial contributions for the improvement of any existing source of supply for the construction of transmission lines from that supply to the proposed development.

2. Development of sewage disposal facility or financial contributions for the improvement of any existing or planned sewer disposal system or the construction of transmission lines for sewage disposal.

3. The development of storm drainage facilities or financial contributions for the improvement of any existing or planned storm drainage facility or the construction of transmission or drainage ways for the proposed improvement to a point of natural or man made disposal of storm waters.

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4. Fences where necessary to protect the subdivision and its occupants from drainage, canal or river channels, cliffs or similar steep or precipitous places at which passersby might fall.

5. When flood zones have been established by the proper authority, the divider shall comply with the requirements applicable thereto. D. All improvement work, including grading, shall not be commenced until improvements plans for such work have been submitted and approved by the City Engineer. All such improvements shall be constructed under the inspection of, and to the satisfaction of, the City Engineer. Costs of such inspection shall be paid in advance to the City by the divider and shall be in amounts established by the City Council by resolution. E. Utility lines, including but not limited to electric, communications, street lighting and cable television shall be placed underground. The divider is responsible for complying with the requirements of this section, and he shall make necessary arrangements and agreements with the utilities for the installation of such facilities. The Planning Commission may allow appurtenances and associated equipment such as transformers, terminal boxes and meter cabinets to be placed above ground. Article 3. Preliminary and Tentative Map Procedure.

Section 2824. GIS - Geographical Information System. All surveys, parcel maps, subdivision maps and annexation maps affecting land within the City of Lompoc shall be prepared based upon the control monuments established by the City of Lompoc Coordinate Control System. Said maps shall indicate and identify the control monuments utilized in the preparation thereof. They shall be prepared in accordance with requirements currently in effect, with the additional requirement that all drawings and maps shall be encoded upon 8mm or TK50 computer tape(s) or disk(s) for direct data and drawing transfer purposes to the City of Lompoc Geographic Information System ("GIS"). All said computer tape(s) or disk(s) shall be in a format readily compatible for transfer to the City GIS.

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Section 2825. ____ Preliminary Map to be Filed. Prior to the filing of a tentative map, the divider shall submit to the Community Development Director ten copies of a preliminary map at a scale and detail sufficient to indicate the essential characteristics of the land division including the number, size and design of lots, the location and width of existing and proposed streets, the location and width of bikeways, trails, the location of any reservations or easements, the location of existing underground utilities, the general nature and extent of grading, the relation of the subdivision to all surrounding lands, major or scenic trees, natural ground covers, natural conditions to be preserved or modified, and any other data necessary to enable the Subdivision Review Board to review the proposed subdivision. Section 2826. Preliminary Map Review.

A. The Community Development Director shall, within 7 days of the submission of a preliminary map, distribute the map to all members of the Subdivision Review Board. The Board shall meet within 14 days after submission of the preliminary map. B. The Board shall determine the following:

1. The suitability of the land for division.

2. Provisions for and suitability of streets, underground utilities, street trees, adequacy of the water supply and sewage disposal facilities, other facilities, and storm drainage.

3. Conformity of the proposed division of land to the provisions of the General and Specific Plans of the City, and Zoning Ordinance, and all other applicable requirements of this and other ordinances and regulations of the City.

C. The Board may recommend changes to the proposed division and improvements and the subdivider or his representative shall be duly informed of the nature of the recommendations.

D. If it is found that the map requires a significant amount of correction before the Board deems it acceptable to submit a tentative map, the Board may require the divider to provide additional information and make changes to the proposed division and re-submit such for a repeated review.

E. The Board shall make a report on its determination in writing to the subdivider, to the Planning Commission, and to the City Departments necessary.

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Section 2827. Appeal.

If the divider feels the Board has imposed requirements not acceptable to the divider, he may appeal such requirements in writing to the Planning Commission, who shall hear the matter within 30 days. The Planning Commission may adopt, amend, or set aside the Board's recommendations. Section 2828. Reserved.

Section 2829. Tentative Map to be Filed.

A. The divider shall cause a tentative map to be prepared by a civil engineer or a licensed land surveyor registered with the State of California, and the map and all required certificates thereon shall be prepared in accordance with the provisions of the Subdivision Map Act. B. The scale of the tentative map shall be a minimum of 1" to 1001 With a minimum map size of 18" x 26". A vicinity sketch at a minimum scale of 1" to 1,000' indicating the location of the proposed subdivision in relation to the surrounding area and showing land use in the area shall be placed on and submitted with the tentative map. C. The following information shall be on the tentative map or on an accompanying data statement; or on a separate form:

1. The subdivision number. The subdivision name if desired.

2. Name and address of all record owners.

3. Name and address of the divider, if different from a record owner, with an accompanying notarized statement authorizing the divider to act. 4. Name, address and phone number of the person preparing the tentative map.

5. A date, a north arrow, and the map scale.

6. A description of the proposed land division.

7. Adjacent existing public streets, easements, facilities and improvements of all types.

8. Existing grades of the land by contours at two-foot intervalssupplemented by flow line elevations of existing

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gutters, storm drains, and channels. In level areas where contours are more than 100 feet apart, the contours shall be supplemented by spot elevations not more than 100 feet apart. The average cross slope(s) of the land shall be indicated on lands with a slope greater than 10 percent.

9. A grading plan showing by appropriate graphic means the proposed grading of the subdivision by contours at two foot intervals where slope of land is less than 5 percent and not less than five foot intervals for slopes greater than 5 percent at 100 feet beyond the boundaries of the subdivision.

10. The radii of all curves.

11. All lots numbered consecutively throughout the entire subdivision. Strips to be dedicated and remaining portions not to be developed or later to be re-subdivided shall be designated but need not be numbered consecutively. The approximate dimensions of all lots and all lot areas shall be shown.

12. The approximate locations of areas subject to inundation by storm waters, and the location, with direction of flow, of water

courses existing and proposed prominently displayed by graphic means.

13. The existing use or uses of the property and location and outline to scale of each building or structure within the subdivision noting thereon whether or not such building or structure is to be removed from or remain in the development of the subdivision, and its future use.

14. The location, pipe size and approximate grades of proposed sewers, water lines and underground storm drains, including the proposed location of fire hydrants and street lights.

15. The locations, the proposed names, widths and grades of streets, the pedestrian ways, bikeways, trails, easements.

16. The proposed locations of all underground utilities, including how they relate to each individual lot service.

17. Dedications proposed or required, pertinent easements and covenants, the size, location, and purpose shall be shown.

18. All lots shall be sloped to provide for adequate drainage to public street or drainage way. This sloping shall be shown by typical cross-section or elevation on the map and by indicating spot elevations on the proposed lot corners and surrounding lands.

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19. The location of improvements required to be constructed beyond the boundaries of this subdivision. These may be shown with the drawing of a vicinity map.

20. The location of all trees over 4" in diameter and all proposed street trees. (Where stands of trees are located, individual trees need not be shown, but the trees may be shown as a group.)

21. The location of existing dams, wells, cesspools, sewers, culverts, drain pipes, underground structures or sand, gravel or other excavations within the subdivision, noting whether they ought to be abandoned or used. D. Accompanying the tentative map shall be statements by the divider as follows:

1. A statement as to existing land use and zoning and proposed uses of the property.

2. A statement addressed to the problem of grading slopes and erosion control, including problems of planting slopes and preventing erosion and slumping of land.

3. The proposed source of water supply, sewage disposal, and other proposed utility services.

4. A statement as to the handling of storm waters.

5. Proposed public facilities other than utilities and publicly addressed accouterments and amenities such as scenic easements.

6. Statement as to whether or not lots will be initially sold fully developed or undeveloped or both.

7. A copy of any condition, restrictive reservation or covenant, existing or proposed, governing the use of any property in the subdivision. E. A preliminary soils report as specified in Section 2837 shall be provided for all portions of the subdivision in which public improvement will be installed. The report shall be submitted to the City Engineer. F. The name of any geologist or soils engineer who prepared the soils report for the tentative map shall be supplied therewith.

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G. The source and date of any contour map or drawing used or referred to in designating contours or preparing a grading plan shall be supplied therewith.

H. If the subdivider plans to subdivide the site in phases, then the tentative map shall indicate the proposed phases and their sequence as to filing the final maps for development, in bold letters diagonally situated to be readily discernable from any other words or notations on the map, stating the LOM number in

whole numbers and unit divisions by capital letters.

I. A completed and approved negative declaration, environmental impact report or notice of exemption conforming to the City Code and California Environmental Quality Act shall be filed with the tentative map. No tentative map shall be considered for approval until all requisite environmental procedures have been completed.

J. A preliminary title report, prepared within three months prior to filing the tentative map shall be filed therewith.

Section 2830. Tentative Map Review.

A. With the filing of the tentative map, a fee shall be deposited with the City Treasurer. B. The divider shall file with the Community Development Director 20 sets of copies and one set of reproducible tracing copies and such other copies and data required with the tentative map of each proposed subdivision. The Community Development Director shall indicate on all copies the date of filing. Within ten days of filing a tentative map, the Director shall transmit copies of the map and data sheets to public agencies, utilities, and City departments concerned. Each of the public agencies, utilities and department may, within 20 working days of the filing, forward to the Director a written report of its findings and recommendations. C. The Director shall prepare a written report to the Planning Commission, served on the divider at least three days prior to the Planning Commission action on the map and consisting of the following information:

1. The written report, comments, and recommendations of the Subdivision Review Board, public agencies, utilities and City departments.

2. The staff evaluation of the conformity of the tentative map to the preliminary map.

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3. Any approved environmental impact report, negative declaration, or summary thereof.

4. Staff recommendations which shall include a list of all legal requirements of the subdivision, such as dedication, improvements, and agreements. Section 2831. Reserved.

Section 2832. Planning Commission Action.

A. The Planning Commission shall act on any tentative map within the time required by the Subdivision Map Act, unless this time period is extended by mutual consent of the Planning Commission, acting through its secretary, and the divider. Failure to act within the time limits prescribed or an agreed upon extension, shall be deemed approval of the tentative map.

B. The Planning Commission shall determine whether a tentative map is in

conformity with the provisions of the law and of this Chapter and, upon that basis, approve, conditionally approve, or disapprove said map, and shall report such action directly to the divider.

C. In making the findings required by Section 2812, the Planning Commission may

disapprove a tentative map because of any uncorrected conditions which may have a substantial detrimental effect upon the health, safety, and welfare of the community, including, but not limited to:

1. The consumption, deterioration, or degradation of surface water or ground

water supplies and distribution; or

2. Flood and inundation hazards; or

3. Geologic hazards such as land slides or subsidences, earthquakes, or similar conditions; or

4. Existing or future noise hazards.

D. The Planning Commission shall make recommendations as to improvements to be constructed and in place as a condition precedent to approval of the final map. E. Notice of the hearing shall be given through the use of mail addressed to the owners of property within 300 feet of the property to be subdivided. Ownership of said property shall be determined

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through the last equalized assessment rolls of the County of Santa Barbara that are available to the City. (Ord. No. 1085, 9/4/79.)

Article 4. Final Map Procedure.

Section 2833. _____Final Map to be Filed.

Prior to expiration of approval of the tentative map, the divider may cause the subdivision or any part thereof to a final map to be prepared and filed in substantial conformance with the tentative map as approved.

Section 2834. Final Map. A. Form. The final map shall be in the following form:

1. To a scale large enough to show the details clearly, minimum scale of 1001 to the inch, using more than one sheet if necessary to illustrate the entire subdivision and adjacent streets and improvements required to be shown. The original shall be drawn in black ink upon a tracing cloth or map, the divider be surveyed and polyester base film of good quality and the size of the sheets shall be 18" x 26". All sheets shall have a one-inch margin on all of the borders and, if the County Recorder requires, shall have a larger left border or margin.

2. Each sheet shall be numbered, the relation of one sheet to another clearly shown, and the number of sheets used in the map shall be set forth in the title of the map. If more than two sheets are necessary for the map, an index map shall be furnished.

3. The title of each final map shall consist of a tract number conspicuously placed at the lower right hand corner of the sheet followed by the words, "consisting of sheets" (and showing the number thereof), followed by the words, "lying within the City of Lompoc."

4. The title sheet shall also contain a subtitle giving a general description of the property being subdivided by reference to maps which have been previously recorded or by reference to the plat of any U.S. Survey. Each reference and such description of any tract or subdivision shall be spelled out and worded identically with the original record thereof and references to book and page of the record or plat book must be complete.

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Subdivisions

B. The final map shall show the following:

1. Boundaries and Streets. The exterior boundaries of the subdivision accented by a blue line, one-quarter inch wide; the border lines and center lines of all existing and proposed streets with their widths and names; all of the portions intended to be dedicated to the public use.

2. Adjacent Streets. The lines of all adjoining properties, the lines of adjacent streets and alleys, showing their width and names.

3. Lot Lines and Numbers. All lot lines and numbers for all lots. All block numbers. All lots are to be numbered consecutively throughout the subdivision, starting with number 1. In the event there is a unitary or single development which involves more than one subdivision, the lots shall be numbered consecutively commencing with the last number of a prior subdivision.

4. Easements and Their Purposes.

5. Dimensions and Areas. 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 on the map, including bearings and distances of straight lines and radii and arc or chord bearings and length for all curves and such information as may be necessary to determine the location of the center of curves. Lateral dimensions shall be expressed in feet and hundredths of feet or metric units. The area of each lot shall be shown in square feet or acreage.

6. Monuments. All permanent monuments together with their descriptions showing fully and clearly their location and size, including references and referenced dimensions.

7. Title and Description. The title and description of the property being subdivided, including showing its location and extent, points of the compass, scale of the plan, the basis of bearings, and name of the divider and of the engineer or surveyor plotting the tract.

8. Flooding. The boundaries of any areas within the subdivision which are subject to inundation of water. The location, direction of flow and dimensions of all water courses, both natural and man made.

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9. City Boundaries. City boundaries which adjoin the subdivision shall be clearly designated and located in relation to adjacent lot or block lines. No lot shall be divided by a City boundary line.

10. Access., The location of the relinquishment of vehicular or pedestrian access shall be clearly shown by the use of connected black ink triangles and descriptive wording describing what access has been surrendered and to whom it has been surrendered. C. The following additional material shall be submitted with or on the final map.

1. Traverse Sheets. The subdivider shall furnish the City Engineer traverse sheets prepared by a registered civil engineer or licenses surveyor, showing mathematical closure within one to 20,000 feet of the exterior boundary of the tract, of each block within the tract, and of each lot.

2. Certificates. The following certificates and acknowledgments and all other required by law shall appear on the final map. Such certificates may be combined where appropriate.

3. Owner's Certificate. A notarized 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 final map is required, except as follows:

a. Neither a lien for state, county, municipal or local taxes, nor for special assessments, nor a trust interest under bond indentures, nor mechanics liens constitute a record title interest in land for the purpose of this ordinance.

b. The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

c. Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map:

(1) Rights of way, easements or other interests which cannot ripen into a fee, except owned those by a public entity or public utility. If, however, the City Council determines that division and development of the property in the manner set

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forth on the final map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of such public entity or public utility may be omitted. Where such determination is to be made, the provisions of the State Subdivision Map Act Section 66436(c)(1) shall apply and stay and further action on the map until procedures specified therein are exhausted.

d. Rights-of-way, easements or revisions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map,

e. Interests in or rights to minerals, including but not limited to oil, gas, or other hydrocarbon substances.

f. Real property originally patented by the United States or by the State of California, which original patent reserved interest to either or both of such entities, may be included in the final map without the consent of the United States or the State of California thereto or to dedications made thereon.

4. Enqineer's Certificate., A certificate by the engineer or surveyor responsible for the survey and final map shall appear on the map. The certificate shall give the date of the survey, state that the survey and final map were made by or under the direction of the engineer or surveyor, and that the survey is true and complete as shown. The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. The certificate shall state that the map complied to the Subdivision Map Act and the provisions of this Chapter.

5. City Engineer's Certificate. A certificate by the City Engineer stating that the map has been examined and that it is in accord with the tentative map and any approved alterations thereof, complies with the Subdivision Map Act of the State and the provisions of this Chapter, and is technically correct.

6. Planning Commission Certificate. A certificate by the Secretary of the

Planning commission stating that the tentative map was approved by resolution of the Planning Commission. The date and number of the resolution shall appear in the certificate.

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7. City Clerk's Certificate. A certificate for execution by the City Clerk stating the action and date of approval of the Final Map by the City Council and stating that the City Council accepted, accepted subject to improvement, rejected, or did not accept or reject, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

8. Certificate of Soils Report. If a soils report is required for the subdivision, a

certification signed, stamped, and dated by a soils engineer shall appear on the map. The certificate shall read, "A soils report for Subdivision No. was prepared by me or under my direction and was filed with the City on

(date)_________________________ ." If a soils report was not required for the subdivision, a certificate for the Community Development Director shall appear on the map reading, "A soils report for Subdivision No. _______________________________ was waived as a requirement of approval of this map.

Community Development Director"

9. County Clerk's Certificate. A certificate to be executed by the County Clerk, stating that all certificates and deposits required under Government Code, Section 66492 and 66493 have been filed and made. D. The following additional materials shall be submitted at the time of recording of the final map.

1. Tax Certificate. Prior to the filing of the final map, the subdivider shall file with the Clerk of the County of Santa Barbara a certificate from the tax official computing redemptions in Santa Barbara County and in the City of Lompoc, showing that according to the records of his office there are no liens against the subdivision or any part thereof for unpaid state, county, municipal or local taxes or special assessments collected as taxes which are not yet payable. The final map shall not be recorded until the owner or subdivider executes and files with the Board of Supervisors a good and sufficient bond to be approved by the Board and by its terms made to insure to the benefit of the County upon the payment of all taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable. In lieu of a bond, a deposit may be made of money or negotiable bonds in the amount, and of the kind approved for securing deposits of public money.

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2. Evidence of Title., The subdivider shall present to the County Recorder evidence that, at the time of the filing of the final or parcel map in the office of the County Recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by the Map Act, as shown by the records in the office of the County Recorder.

Section 2835. Reserved.

Section 2836. Public Improvements to be Provided.

A. Public Improvement Agreement. Prior to the approval of the final map of the City Council, the subdivider shall install all required public improvements or execute and file an agreement between himself and the City, specifying the period within which he shall complete all public improvement work to the satisfaction of the City, and providing that if he shall fail to complete such work within such period, the City may complete the work and recover the full cost and expense thereof from the subdivider and his surety or other security. The agreement shall also provide for inspection of all public improvements by the City and that the cost of such inspections shall be reimbursed to the City by the subdivider. Such agreement may also provide the following:

1. For the construction of the improvements in successive units.

2. For extensions of time under conditions specified by Council. 3. For such conditions whereby the Council finds it necessary or desirable to

secure such agreement. B. Improvement Security. An agreement executed by the subdivider shall be secured by good and sufficient improvement security subject to Chapter 5 (Section 66499 et seq) and related provisions of the Subdivision Map Act. Improvement security conditioned upon the faithful performance of the Map Act. Improvement security conditioned upon the faithful performance of the agreement shall be in the amount of 100 percent of, and that conditioned upon the payment to a contractor, subcontractors, labor and material men shall be in the amount of 50 percent of the total estimated costs of the improvement. The City Council may specify an amount necessary to guarantee and warranty any public improvement for a period of one year following completion and acceptance thereof. The means of the security may be in the manner and form approved by the Director of Public Works and the City Attorney. Improvement

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security may be released or reduced in whole or in part by the Director of Public Works and the Community Development Director.

C. Construction Insurance. The divider or owner shall obtain liability insurance covering the work of construction for installation of the improvements, which insurance shall name the City of Lompoc as additional insured and shall, for the public liability aspect, be in a minimum of $300,000 per occurrence, per person, and $1,000,000 per occurrence, and in the amount of $100,000 property damage. The policy shall not be cancelable except upon 30 days prior notice to the City of Lompoc. The divider or owner shall file a certificate of insurance indicating the acquisition of such insurance prior to commencement of said construction or installation. D. Public Improvement Plans. Prior to approval of the final map by the City Council, the subdivider shall provide adequate plans for the installation of all required public improvement at a scale and in detail prescribed by the City Engineer. All such public improvements shall be designed in accordance with the requirements of the standards and plans of the City of Lompoc and the requirements of the City Engineer. Section 2837. Soil Report.

A preliminary soil report including the R-value of the sub-grade soil, prepared by a civil engineer, specializing in soil mechanics and registered by the State of California, based upon adequate test borings or evacuations shall be provided by the subdivider. The preliminary soil report or any information thereof, may be waived if the Chief Building Official determines the City has knowledge of the soils qualities at the subdivision. If the preliminary soil report or such knowledge indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be required, prepared by a civil engineer specializing in soil mechanics and registered by the State of California. The soil investigation shall recommend corrective action intended to prevent structural damage to each building proposed to be constructed on expansive or unstable soil. The report shall be filed with the City of Lompoc Chief Building Official. Additionally, a geologist's report may be required when, in the opinion of the Chief Building Official, information contained in the preliminary or formal report or other materials indicates the need for such a report in terms of geological hazards of the area proposed for subdivision.

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Section 2838. Final Map Review.

A. Engineering Submittal. Prior to or contemporaneously with submittal of the materials required by Subsection B of this Section, the subdivider shall submit the following material in the manner specified in Subsection C of this Section. The following shall be submitted.

1. Two sets of prints of the final map with supporting traverse sheets showing closure of the subdivision boundary and any non-rectangular., parcel.

2. Two sets of prints of improvement plans required by Section 2836 with supporting sewer studies, drainage studies, grading plan and soil tests required for the particular improvements. B. Preliminary Submittal. The subdivider shall submit the following material in the manner specified in Subsection C of this Section:

1. A soils report prepared in accordance with Section 2837.

2. A title report prepared within 90 days prior to the preliminary submittal. 3. An improvement security estimate which shall include all improvements

within public rights-of-way, public easements and utility trench backfill The cost of utility installation shall be included.

4. Deeds for easements or rights-of-ways required for street or drainage purposes which will not be dedicated on the final map. Written evidence acceptable to the City in the form of rights-of-entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of any work and permitting the maintenance of any facility.

5. An agreement, acceptable to the City, executed by all owners of all utility and other easements within the proposed rights-of-way, consenting to the dedication or consenting to the joint use of a right-of-way as the City may determine necessary for public use and convenience.

6. Any proposed declaration of covenants. Any declaration of restriction provided under Section 1355 of the Civil Code of the State of California.

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C. Review of submittals.

1. The engineering and preliminary submittals shall be made to the Department

of Public Works, which shall log the receipt of each item and, noting items required and not submitted, shall give a receipt therefore to the person making the submittals on behalf of the subdivider. Without such proof of receipt of a copy of said submittal, no submittal will be deemed to have been received by the City without actual proof thereof.

2. Engineering submittals shall be forwarded to the Engineering Division. Preliminary submittal matters, other than the engineering submittals, will be forwarded to the community Development Department.

3. The City Engineer shall immediately review the engineering submittals for

corrections. One copy of the submittal shall be returned to the subdivider with dated corrections noted thereon. The other copy will be kept in the Engineering Division with identical corrections marked thereon. Thereafter, all corrected matters will be delivered by the subdivider to the Director of Public Works who shall log in the corrected engineering submittals and forward them to the Engineering Division. When said submittals are fully corrected and in final form, the Engineering Division will notify the Department of Public Works of this fact and place a full final and corrected set of the engineering submittals in the subdivision file of the Department of Public Works and a note of this fact will be mailed to the subdivider.

4. Upon the determination of the correct plans for improvements the subdivider

shall obtain from the Engineering Division, execute and file, a proposed subdivision improvement agreement, together with a draft of proposed security therefore.

5. All submittals forwarded to the Community Development Department will be

immediately reviewed thereby to determine their compliance with rules and regulations of the City, statutes and requirements of the Architectural Review Committee and/or Planning Commission. Necessary dated corrections or additions will be noted upon one copy and submitted to the subdivider. An additional copy, with identical notations and commentaries, will be placed in the file in the Department of Public Works. When the corrected and complete submittals have been received, one copy thereof will be placed in the Department of Public Works subdivision file and note of this fact mailed to the subdivider.

6. Until all engineering and preliminary submittals have been received in full and final form, with corrections and

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additions having been made as required by the City, and the proposed subdivision improvement agreement and security received, the final map will not be deemed to have been filed with the City for approval by the City Council. The Public Works Department subdivision file, prior to notification to the subdivider that the filing has been deemed to be received, will contain the following:

a. A copy of all original submittals, with correction and addition notations dated and placed thereon, and

b. Final approved copies of all submittals.

D. At such time as the subdivider receives notification as provided in Subsection C, 6, he shall file the following with the Public Works Department:

1. The final map application form.

2. The final map in reproducible form with three copies and a filing fee. The filing fee shall be deposited with the City Treasurer upon satisfactorily filing all required materials with the Public Works Department.

3. A boundary traverse map approved by the City Engineer and traverse sheets showing the closure within allowable limits of the exterior boundaries of each irregular block and lot.

4. A grading plan approved by the Public Works Director and Community Development Director prior to submission of the final map application.

5. Plans and profile drawings (maximum size 24" x 36" with a minimum scale of 20' to 1") of all streets, water, sewer, and drainage improvements.

6. Improvement agreements and security fully executed by the proper parties.

7. An agreement to extend the 10-day period of approval for final maps under Section 66458 of the Subdivision Map Act for a period of no more than 30 days from the date of filing.

8. Organization Documents. The proposed Declaration of Covenants and all other organizational documents for the subdivision.

9. All other deeds, agreements and reports required.

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D. Department Approvals. The following functions shall be completed within 10 days after the filing indicated in Subsection D.

1. The City Engineer shall examine the plans, profiles, specifications and

drawings relating to installation of all improvements to determine conformance thereof to the City's standard details and specifications applicable to such improvements.

2. The City Engineer shall examine the final map. He shall determine that the surveys are correct and that the map is technically correct, and that it substantially conforms to the tentative map and to the provisions of the Subdivision Map Act and this Chapter. He shall so certify on the map.

3. If the City Engineer finds that conformity to City plans and specifications does not exist, or that the final map does not substantially conform to the tentative map, he shall so advise the divider in writing and afford him an opportunity to make the necessary changes.

4. The Community Development Director shall examine the final map. If he determines that the final map substantially conforms to the tentative map, he shall so certify on the final map.

5. When the staff review is complete, the Community Development Director shall transmit the final map to the City Council with all accompanying statements, agreements and improvement securities required. This transmittal shall be the filing for approval of the final map with the Council within the meaning of Section 66457 of the Subdivision Map Act. Section 2839. City Council Action. A. Upon presentation by the Community Development Director, the City Council shall, at its next meeting, consider the map and the offers of dedication thereon and therewith. Council may reject any or all offers of dedication or require dedication of all proposed public property. The Council may require that all improvements required to be installed shall be installed prior to approval of the final map, or may approve an agreement, properly secured, with the subdivider for installation of all necessary improvements. All such agreements and securities shall be received by the City Council, fully executed by the necessary parties, and in form approved by the City Engineer and City Attorney, prior to approval of the final map.

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B. If the Council determines that the map is in substantial conformity to law and the tentative map, it shall make all required findings and approve the final map by written resolution or minute resolution. If the Council determines that the map is not in conformity, it shall disapprove the-map, specifying the reasons therefor and advising the divider of the disapproval; within 30 days after such disapproval, the divider shall file a new final map or necessary documents necessary to acquire the approval of the Council. Upon a further disapproval, no further extension shall be granted except with the express permission of the council, and, in no event, for an additional period of more than 30 days. C. The approval of the Council shall be made within the time period (ten days) provided in Section 66458 of the Subdivision Map Act and related sections. If the Council cannot approve the map within such time limit, and no extension can be attained by mutual consent of the divider and the Council, the map shall be disapproved. D. Notice of the hearing shall be given through the use of mail addressed to the owners of property within 300 feet of the property to be subdivided. Ownership of said property shall be determined through the last equalized assessment rolls of the County of Santa Barbara that are available to the City. (Ord. No. 1085, 9/4/79.) Section 2840. Time of Construction of Improvements for Remainder Parcels. When a subdivider has designated as a remainder that portion of property which is not divided for the purpose of sale, lease, or financing, the fulfillment of construction requirements for improvements for such designated remainder parcel shall not be required until such time as is agreed to by the subdivider and the City. 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 final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel. Upon a finding by the City Council that the fulfillment of the construction requirements is necessary for reasons of the public health and safety or the required construction is a necessary prerequisite to the orderly development of the surrounding area. In all other instances, such improvements are not required until just before a permit or other grant of approval for development of the remainder parcel is issued by this City. (Ord. No. 1094, 12/18/79)

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Section 2841. Recording of Final Map.

The City Clerk, after approval of the final map by the Council, and after all signatures and seals have been affixed, shall transmit the final map and other necessary materials, accompanied by the necessary recording fee, to the County Board of Supervisors for ultimate transmittal to the County Recorder.

Article 5. Parcel Map Procedure.

Section 2842. Governing Provisions.

A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map act except for subdivisions created by short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, however, that upon a showing made to the Planning Commission based upon substantial evidence, that public policy necessitates such a map, this exception shall not apply. Such maps shall meet all the requirements of the Act and of this Chapter and show all dedications dedication thereon. The Planning Commission may require that such dedications or offers of dedication be made by deed in lieu of or in addition to appearing on the map. When a parcel map is required by this Chapter, a tentative parcel shall first be filed with the Community Development Director. Said map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and this Chapter. Section 2843. Tentative Parcel Map to be Filed.

A. A minor land division shall be initiated by the preparation and filing of 10 copies (and one set of reproducible tracing copies) of a tentative parcel map with the Community Development Director, together with a filing fee. The map shall be drawn to scale on 18" x 26" size tracing paper and shall contain or be accompanied by the following information:

1. Boundary lines and dimensions of parcel(s) being divided.

2. Proposed division lines with dimensions of each parcel being created using dashed lines.

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3. All existing structures together with their dimensions, distances between structures, and approximate distances from boundary lines.

4. The approximate area of the original parcels and the minimum area of each proposed new parcel.

5. Name, location, improvement and width of any existing street or easement.

6. Approximate locations and dimensions of all new streets, rights-of-way, and easements proposed.

7. Approximate location and direction of water courses and a general indication of the slope and grade of the land. If the site is to be graded, proposed contours shall be shown or approved grading plan submitted.

8. North arrow and scale of drawing.

9. Vicinity map at least 1" = 1000' showing the surrounding properties and location in the City.

10. An accompanying data statement containing the following information:

a. Name, address and telephone number of the owner(s) of record.

b. Name, address and telephone number of the person who drew the map.

c. Legal description of the original parcel(s). The recorder's book and page of Deeds and Assessor's parcel number shall be included.

d. The present zoning.

e. Number of parcels to be created.

f. Reason for the division of land.

g. Use to be made of resulting parcels.

h. Signature of applicants and owners.

B. Accompanying the tentative parcel map shall be statements as to drainage, surfacing, or other required improvements to be

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constructed and whether proposed streets and easements are offered to be deeded to the City.

C. The following certificates shall appear on the tentative parcel map.

1. A certificate, signed and acknowledged by the parties having any record title interest in the real property being divided, consenting to the preparation of the tentative parcel map.

2. A surveyor's or engineer's certificate acknowledging the preparation of the tentative map.

Section 2844. Tentative Parcel Map Review.

A. All tentative parcel maps shall be reviewed by the Subdivision Review Board prior to the filing with the Planning Commission. The review shall be completed 30 days from the filing of the tentative parcel map with the Community Development Director unless time for completion is extended by mutual consent of the subdivider and the Community Development Director.

B. The Subdivision Review Board shall determine the following:

1. The completeness and accuracy of the tentative parcel map and ancillary reports and the suitability of the land for purposes of subdivision.

2. Overall design of the division and conformity thereof with pertinent requirements of the subdivision ordinance and other laws and plans of the City.

3. Provisions for, and suitability of, improvements, including streets, underground utilities, fire hydrants, storm drains, trees, sidewalks, adequacy of the water supply, sewage disposal and easements for utilities and drainage.

C.The Subdivision Review Board may recommend additional improvements, easements, property to be deeded, etc. The divider shall be informed of the recommendations at the time of the Board meeting.

D. If, after analysis, it is found that the division requires a significant amount of correction before the Board deems it acceptable to place on the agenda of the Planning Commission, the Board may require the divider to make the necessary changes and reappear before the Board for further study of the tentative parcel map.

Lompoc City Code

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E. The Subdivision Review Board shall make a report of its determination to the Planning Commission immediately following the review. The report shall recommend either approval, conditional approval, or disapproval of the tentative parcel map. The reports shall set forth, in detail, the reasons for any recommendations of disapproval or the conditions of approval, as the case may be. A copy of the report shall be mailed to the divider immediately following the date of the Board's action.

Section 2845. Reserved. Section 2846. Planning Commission Action. Upon receipt of a Subdivision Review Board report, the Planning Commission shall review the tentative parcel map at its next regular meeting. The Planning Commission shall determine whether the tentative parcel map is in conformity with the provisions of the Subdivision Map Act of the State, the subdivision ordinance and other provisions of the City Code and, upon that basis, it shall make the findings required by Section 2812 and either approve, conditionally approve, or disapprove the tentative parcel map within thirty days of its initial review, unless this time period is extended by mutual consent of the subdivider and Planning Commission. All improvements shall be installed or agreed to be installed and security provided therefore, as would be provided upon a final subdivision map. Failure to act within the thirty-day period, or agreed extension thereof, shall be deemed an approval of the Subdivision Review Board's recommendation. A written copy of any action taken by the Planning Commission shall be mailed to the divider immediately following the date of that action. Section 2847. Notice of Construction Requirements. A. Certification of Parcel Map. The requirements for the construction of off-site and on-site improvements shall be noticed by certificate on the parcel map or by separate instrument recorded with the parcel map. Construction of the improvements shall be required prior to the issuance of a building permit or other grant of approval for the development of the property (Gov. C. Section 66411.1.) One of the following certifications shall be placed on the parcel map: