§ 16.08.060. Conditions of Map Approval.

The conditions of map approval shall be as follows:

A. Subdivisions for Which a Tentative and Final Map is Required. As a condition of approval of a map of five (5) or more parcels, the planning agency may require such dedications and improvements as are necessary to ensure that the lots to be created are provided with adequate public services and utilities, possibly including any appropriate cable television services, to meet the needs of future residents or users; are of adequate design in all respects; act to mitigate any potential environmental impacts identified in the environmental impact report or by other means; and provide for proper grading and erosion control, including the prevention of sedimentation or damage to off-site property.

All improvements shall be in accordance with adopted City standards.

B. Access.

1. Except as provided below, lots created by a subdivision of land shall abut upon a recorded dedicated public right-of-way of a width as established by the circulation element or shall be assured of access to the City road system by an approved access which connects a lot or lots to a maintained public street or state highway.

2. The planning agency may waive the requirements for approved access to subdivisions having lot sizes of forty (40) gross acres or more when all of the following findings are made:

a. The applicant is or will be subject to severe hardship unless the waiver is approved; and

b. There is an existing traveled roadway which has been in existence for at least five (5) years which roadway is at least twenty (20) feet in width at all points; and

c. The roadway has capability for normal passenger car use to each lot in the subdivision.

3. Private road easements may be approved for access to each lot if it is determined that public street access cannot be provided due to certain title limitations or topographical conditions.

4. Road easements of record established prior to the effective date of this Chapter shall be recognized as legal access to each lot of the subdivision.

5. Existing traveled roads for which a court has determined that a prescriptive right by users exists for public use shall be recognized as legal access to each lot of the subdivision.

C. In determining whether to approve or disapprove an application for a tentative map, the City shall apply only those ordinances, policies and standards in effect at the date the proposal for the subdivision was accepted as complete, as provided in Government Code Section 66474.2.