§ 9105.03

This Section establishes requirements for the preparation, filing, approval or denial of tentative maps (tentative parcel and tract map), consistent with the requirements of the Act.

9105.03.020 - Tentative Map Preparation, Application Contents.

A.

When Required.

A tentative map shall be submitted for a subdivision for which a tentative parcel or tract map is required by Government Code Sections 66410 et seq.

2.

The requirements specified in this Section shall apply to all applications for tentative parcel and tract maps.

B.

Application and Filing Fees Required.

1.

An application shall be filed on forms provided by the Department.

2.

The application shall be accepted for filing only upon payment by the applicant of a filing and processing fee in compliance with the Fee Schedule.

3.

An applicant may, in writing, withdraw the application at any time during the processing of the application.

4.

In compliance with adopted City policy, any refund of any of the filing and processing fees paid in connection with the application may only occur on a pro-rated basis in compliance with Subsection 9107.03.050 (Filing Fees and Requirements).

5.

Within 30 days of receiving an application and the application filing fee, the Director shall inform the applicant in writing whether the application is deemed complete for the purpose of complying with Government Code Chapter 4.5 and Subsection 9107.03.060 (Initial Application Completeness Review).

9105.03.030 - Tentative Map Filing, Initial Processing.

A.

Submission of Tentative Maps.

1.

The subdivider is strongly encouraged to confer with the Director before preparing and submitting the tentative map.

2.

Submission of a tentative map shall not constitute filing with the City until all attachments and required statements, instructions, environmental forms and clearances, and a completed application form with

appropriate fees are deposited with the Department and a written receipt is provided to the applicant. Included with the application shall be a signed statement indicating whether the project site is located on a site included on any of the local lists prepared by the California Integrated Waste Management Board in compliance with Government Code Sections 65962.5(d) and (f).

a.

In the event that the Director determines that additional information is required for the preparation of environmental documents which are required in compliance with the provisions of the California Environmental Quality Act (CEQA) and the State Guidelines, the tentative map shall not be deemed complete until the additional information has been provided.

b.

In the event that the Director determines that an Environmental Impact Report (EIR) is required, the filing of the application for the tentative map shall not be deemed filed until the draft of the EIR has been prepared.

3.

A tentative map shall be filed with the Director by one or more record owners of property or their authorized agents.

4.

The subdivider shall file with the Director the number of tentative maps the Director shall deem necessary, together with evidence as to the ownership of the land proposed to be divided.

5.

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

6.

The tentative map may be for land located either within the City or within the unincorporated territory adjacent to the City. If a tentative map for land located within the unincorporated territory adjacent to the City is approved, the approval shall be conditioned upon annexation of the property to the City within a time specified and the approval shall not be effective until annexation of the property to the City has been completed.

B.

Prepared by Civil Engineer or Surveyor. Tentative maps shall be prepared by or under the direction of a registered civil engineer or a licensed land surveyor.

C.

Information, Data, and Reports Required. The application shall include all of the information and materials specified in the most up-to-date Department handout for tentative map applications, together with the required fee in compliance with the Fee Schedule. Initial review of the application, including time

requirements and requests for information, shall be in compliance with Subsection 9107.03.060 (Initial Application Completeness Review). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection 9105.03.060 (Tentative Map Approval or Denial), below.

D.

Referral to Affected Agencies.

1.

Required Referrals. The Director shall refer a tentative map application for review and comment to all agencies that will be expected to provide service to the proposed subdivision, including, as appropriate, City agencies and departments, local agencies, public utilities, special districts, and State agencies.

2.

Anticipated Type of Response. The agencies that receive a tentative map application are expected to respond to the Director with an evaluation of the proposal, a list of items (e.g., hydrology study, title report, traffic study, etc.) that may need to be filed and considered during the evaluation phase, and a list of proposed conditions of tentative map approval.

3.

Required Action in the Case of Waste Discharge Violations. The City Engineer shall advise the Director as to whether the discharge of waste from the proposed subdivision into an existing community sewer system will result in the violation of existing requirements prescribed by the California Regional Water Quality Control Board in compliance with Water Code Section 13000 et seq.

4.

Time Limits for Referral and Response.

a.

As required by Government Code Sections 66453 through 66455.7, referral shall occur within five days of the tentative map application being determined to be complete in compliance with Section 19.112.070 (Initial Review of Application).

b.

An agency wishing to respond to a referral shall provide the Director with its recommendations within 15 days after receiving the tentative map application.

E.

Environmental Review.

1.

The Director, upon receipt of a tentative map application, shall conduct an environmental analysis.

2.

If a draft Environmental Impact Report is required, the application for tentative map approval shall not be considered completed until an Environmental Impact Report is ready for presentation to the Commission.

9105.03.040 - Staff Report and Recommendation.

A.

Preparation of a Report.

1.

Director Shall Prepare Report. The Director shall prepare an evaluation in compliance with Government Code Section 66452.3 describing the conclusions of the tentative map application review.

2.

Mailing of Copies of Report. Copies of the report shall be mailed to the subdivider (and each tenant of the subject property, in the case of a residential condominium conversion [Section 9105.23]) at least five days before any hearing or action on the tentative map by the review authority in compliance with Section 9108.13 (Public Notices and Hearings).

A.

Applicable Review Authority. The applicable review authority as specified in Table 5-1 (Designated Review Authorities) shall hold a noticed public hearing on a tentative parcel or tract map.

B.

Scheduling and Notice of the Public Hearing(s). Not less than 10 days before the date of the public hearing, notice shall be given by publication once in a newspaper of general circulation published and circulated in the City and by mailing, postage prepaid, to the owners, as shown on the last available County maintained equalized assessment roll or ownership records for property located within 300 feet of all lots any portion of which is included within the boundaries of the proposed subdivision, and to each tenant of the subject property, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project in compliance with Government Code Sections 66410 et seq. and Section 9108.13 (Public Notices and Hearings). No error or omission or failure of any person to receive notice as provided in Section 9108.13 shall affect the validity of any action taken under this Division.

C.

Action of the Applicable Review Authority. The action by the applicable review authority shall be taken within 50 days of determining the tentative parcel or tract map to be complete as defined in Subsection 9105.03.030 (Tentative Map Filing, Initial Processing), above, and reported to the subdivider within that time

limit. This time limitation may be extended upon the mutual consent of the review authority and the subdivider.

D.

Review Authority's Action is Conclusive. In the absence of a timely filed written appeal in compliance with Section 9108.07 (Appeals), the decision of the review authority shall be final and conclusive.

In order to approve or recommend the approval of a tentative parcel or tract map and conditions of approval, or to deny the tentative parcel or tract map, the review authority, as designated in Table 5-1 (Designated Review Authorities), shall first make all of the findings required by this Subsection. In determining whether to approve a tentative parcel or tract map, the City shall apply only the ordinances, policies, and standards in effect on the date the Department determined that the application was complete in compliance with Subsection 9105.03.030 (Tentative Map Filing, Initial Processing), except where the City has initiated General Plan, specific plan, or Development Code amendments, and provided public notice as required by Government Code Section 66474.2.

A.

Required Findings for Approval.

1.

Mandatory Findings Required. The review authority shall approve a tentative parcel or tract map only after first making all of the following findings, as required by Government Code Sections 66474 and 66474.6. The findings shall apply to each proposed lot as well as the entire subdivision, including any lot specified as a designated remainder in compliance with Government Code Section 66424.6.

a.

The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and this Division;

b.

The site is physically suitable for the type and proposed density of development;

c.

The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

d.

The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems;

e.

The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision.

(1)

This finding may also be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public.

(2)

This finding shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision.

f.

The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board; and

g.

That the proposed design and site improvements of the subdivision conform to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law.

2.

Additional Specific Findings Required. If the proposed subdivision is a conversion of residential real property into a condominium, a community apartment project, or a stock cooperative, the review authority shall first make the additional finding that the proposed subdivision complies with the requirements of Government Code Sections 66427.1(a), 66451, and 66452 before approving the proposed subdivision. It is the responsibility of the applicant to comply with all of these requirements. The specific findings include all of the following:

a.

Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received written notification of intention to convert at least 60 days before the filing of a tentative map in compliance with Government Code Section 66452;

b.

Each of the tenants, and each person applying for the rental of a unit in the residential real property, has, or will have, received all applicable notices and rights required in compliance with Government Code Sections 66451 and 66452; and

c.

Each of the tenants received 10-day written notification that an application for a public report will be, or has been, submitted to the State Department of Real Estate, and that the report will be available on request.

3.

Findings under an EIR. Notwithstanding the finding required by Subparagraph A.1.c., above, the review authority may approve a tentative map, or a parcel map for which a tentative map was not required, if an Environmental Impact Report (EIR) was prepared for the project and a finding is made in compliance with Public Resources Code Section 21081 Subdivision (a) Paragraph (3), that specific economic, social, or other considerations make the mitigation measures or project alternatives specified in the EIR infeasible.

B.

Supplemental Findings. In addition to the findings specified in Subparagraph A, above, the review authority shall not approve a tentative parcel or tract map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.

1.

Construction of Improvements. In the case of a tentative map for a subdivision that will require a subsequent parcel map, the construction of improvements for the subdivision within a specified time after the recordation of the parcel map is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area.

2.

Waiver of Parcel Map. The findings required by Subsection 9105.05.020 (Waiver of Parcel Map), if waiver of a parcel map has been requested with the tentative map application.

C.

Time Limits. The time limits for acting and reporting on tentative parcel or tract maps and appeals, as specified in this Division and by the Act, may be extended by mutual consent of the subdivider and the applicable review authority.

D.

Appeals. The subdivider or any interested person adversely affected by a decision of the review authority with respect to a tentative parcel or tract map may appeal, in compliance with the applicable appeals procedures specified in Government Code Section 66452.5, Section 9108.07 (Appeals), and as follows:

1.

If the Commission is the review authority, then the appeal shall be to the Council which is established as the appeals board.

2.

If the review authority is not the Commission, then the first appeal shall be to the Commission. The Commission's decision may be appealed to the Council.

Any appeal shall be filed with the applicable review authority within 10 days after the action of the review authority from which the appeal is being taken.

4.

Before accepting for filing of an appeal, the City shall charge and collect an appeal fee which shall be paid in compliance with the Fee Schedule.

5.

Upon the filing of an appeal, the applicable review authority shall set the matter for a public hearing. The hearing shall be held within 30 days after the date of filing the appeal.

6.

The hearing shall be noticed as specified in Subsection 9105.03.050 (Tentative Map Public Hearing and Action), above.

7.

Within 10 days following the conclusion of the public hearing, the applicable review authority shall declare its findings based upon the testimony and documents produced before it. The review authority may sustain, modify, or overrule any recommendations or rulings of the previous review authority and may make the findings specified in Subsection 9105.03.060 (Tentative Map Approval or Denial), above.

E.

Modifications to the Tentative Map.

1.

Changes before Approval. Modifications to the submitted tentative parcel or tract map may be made by the subdivider during the review and hearing process, and before subdivision approval, upon the approval of the Director or the applicable review authority. A tentative parcel or tract map modified before action by the applicable review authority need not be renoticed for public hearing. If a tentative parcel or tract map has been appealed to the Council, that map shall not be modified and approved without first receiving a report and recommendation from the previous applicable review authority (i.e., Director, City Engineer, or the Commission), in compliance with Table 5-1 (Subdivision Review Authorities).

2.

Changes Following Approval. Once a tentative parcel or tract map is approved, any changes shall be in compliance with Subsection 9105.03.120 (Amendments to Approved Tentative Maps and Conditions).

(Ord. No. 2375, § 4(Exh. A), 4-6-21)

Along with the approval of a tentative parcel or tract map, the review authority may adopt any conditions of approval deemed reasonable and necessary to carry out the purposes of this Development Code, including

conditions regarding the matters described in Subparagraph A. (Dedications and Improvements), below; provided, that all conditions shall be consistent with the requirements of the Act and this Division.

A.

Dedications and Improvements.

1.

As a condition of approval of a tentative parcel or tract map, the City may require dedications and improvements as necessary to ensure that the lots to be created:

a.

Are provided with adequate public services and utilities, including any appropriate cable television services, to meet the needs of future residents or users;

b.

Are of adequate design in all respects in compliance with this Development Code;

c.

Act to mitigate any potential environmental impacts specified in the Environmental Impact Report (EIR), Mitigated Negative Declaration (MND), or by other means; and

d.

Provide for proper grading and erosion control, including the prevention of sedimentation or damage to offsite property.

2.

All improvements shall comply 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 City's Streets and Highways Manual, or shall be ensured of access to the City road system by an approved access which connects a lot(s) to a maintained public street or State highway.

2.

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.

3.

Road easements of record established before the effective date of this Division shall be recognized as legal access to each lot of the proposed subdivision.

4.

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 proposed subdivision.

C.

Conditions Modifying Subdivision Design - Time for Compliance. When modifications in design require a change in the conditions of approval of a tentative parcel or tract map, the subdivider shall, at least 30 days before the submission of a final map, submit the appropriate number of copies of the tentative map as modified to the Department for review for confirmation by the City Engineer.

The approval of a tentative map shall become effective for the purposes of filing a final tract or parcel map, including compliance with the conditions of approval, 10 days following the date of decision by the applicable review authority in compliance with Government Code Section 66452.5, if no appeal is filed in compliance with Section 9108.07 (Appeals).

9105.03.090 - Completion of Subdivision Process.

A.

Effect of Approval on Prior Approvals. The approval or conditional approval by the review authority of any revised or new parcel map or tentative map shall annul all previous subdivision designs and approvals for the same site.

B.

Compliance with Conditions, Improvement Plans. After approval of a tentative parcel or tract map in compliance with this Division, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file, and receive approval of improvement plans in compliance with Section 9105.09 (Subdivision Design and Improvements), before constructing any required improvements.

C.

Parcel or Final Map Preparation, Filing, and Recordation.

1.

A parcel map for a subdivision of four or fewer lots shall be prepared, filed, processed, and recorded in compliance with Section 9105.05 (Parcel Maps and Final Maps), to complete the subdivision, unless a parcel map has been waived in compliance with Subsection 9105.05.020 (Waiver of Parcel Map).

2.

A final map for a subdivision of five or more lots shall be prepared, filed, processed, and recorded in compliance with Section 9105.05 (Parcel Maps and Final Maps), to complete the subdivision.

3.

Project phasing and the filing of multiple parcel or final maps shall be in compliance with this Division.

9105.03.100 - Vesting on Approval of Vesting Tentative Map.

A.

Purpose. The purpose of this Subsection is to establish procedures necessary for the implementation of the provisions of Government Code Section 66452 relating to vesting tentative maps.

B.

Application Filing.

1.

Whenever a provision of the Act or this Division requires the filing of a tentative parcel or tract map, a vesting tentative map may instead be filed.

2.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as is required of tentative maps in compliance with this Division, except as otherwise provided in this Subsection.

3.

At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

4.

The application shall include all of the information and materials specified in the most up-to-date Department handout for vesting tentative map applications, together with the required fee in compliance with the Fee Schedule. Initial review of the application, including time requirements and requests for information, shall be in compliance with Subsection 9107.03.060 (Initial Application Completeness Review). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection 9105.03.060 (Tentative Map Approval or Denial), above.

C.

Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Act and/or this Division for the expiration of approved or conditionally approved tentative maps.

D.

Vesting on Approval of Vesting Tentative Map.

1.

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in compliance with Government Code Section 66474.2.

2.

However, if Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall be deemed to have conferred a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map was approved or conditionally approved.

3.

Notwithstanding Subparagraph 1, above, the review authority may condition or deny a permit, approval, extension, entitlement, or require an amendment to the map if it first determines any of the following:

a.

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

b.

The condition or denial is required in order to comply with State or Federal law.

4.

The review authority may alter any condition(s) of a vesting tentative map through an amendment in compliance with Subsection 9105.03.120 (Amendments to Approved Tentative Maps and Conditions) in order to protect against conditions dangerous to public health and safety or to comply with State or Federal law.

E.

Expiration of Vested Rights.

1.

The vested rights referred to in this Subsection shall expire if a final map is not approved before the expiration of the vesting tentative map, as provided in the Act.

2.

If the final map is approved, the vested rights shall last for the following periods of time:

a.

An initial time period of 12 months.

b.

A subdivider may apply for a 12-month extension at least 60 working days before expiration in compliance with Subsection 9105.03.110 (Tentative Map Expiration and Extensions), below.

c.

If the extension is denied, the subdivider may appeal that denial within 10 days after the denial, in compliance with Section 9108.07 (Appeals).

9105.03.110 - Tentative Map Expiration and Extensions.

A.

Valid Timeframe. An approved tentative parcel or tract map is valid for 24 months after its effective date, except as otherwise provided by Government Code Section 66452.6, which, under specified

circumstances, allows for a tentative map to be deemed valid for 36 months, unless otherwise extended in compliance with the provisions of this Division and the Act.

B.

Expiration of an Approved Map.

1.

Expiration of an approved tentative parcel or tract map or vesting tentative map shall terminate all proceedings.

2.

The application shall not be reactivated unless a new tentative parcel or tract map application is filed in compliance with this Division.

C.

Filing of Extension Request.

1.

The time limits for acting on maps and associated appeals, as specified in this Division and Government Code Sections 66410 et seq., may be extended by mutual consent of the subdivider and the applicable review authority.

2.

An extension request shall be in writing and shall be filed with the Director not less than 30 days before the date of expiration of the approval or previous extension, together with the required filing fee in compliance with the Fee Schedule.

D.

Approval of First Extension — Director. The Director may grant one 12-month extension to the initial time limit, only after first finding all of the following:

1.

There have been no changes to the provisions of the General Plan, any applicable specific plan, or this Development Code applicable to the project since the approval of the tentative parcel or tract map;

2.

There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan, any applicable specific plan, or other standards of this Development Code apply to the project; and

3.

There have been no changes to the capacities of community resources, including but not limited to roads, sewage treatment or disposal facilities, schools, or water supply so that there is no longer sufficient remaining capacity to serve the project.

E.

Additional Extensions — Commission.

1.

The Commission may grant additional extensions to the initial time limit, only after first making all of the findings specified in Subparagraph D (Approval of First Extension - City Engineer), above.

2.

The aggregate period of time for all extensions shall not exceed the maximum limits specified in Government Code Section 66452.6.

F.

Appeal of Decision. If the tentative map extension request is denied, the subdivider may appeal the denial within 10 days after the effective date of the denial of the extension in compliance with Section 9108.07 (Appeals).

G.

Filing of a Lawsuit.

1.

If a lawsuit has been filed and is pending in a court of competent jurisdiction affecting the validity of the approval or conditional approval of a tentative parcel or tract map, the subdivider may apply to the City

within 10 days of the service of the initial petition or complaint upon the City for a stay of the time in which a tentative parcel or tract map will expire.

2.

Within 40 days after receiving the request, the Director shall stay the map's expiration date until final conclusion of the action, if the Director determines that the action affects the validity of the tentative parcel or tract map approval.

9105.03.120 - Amendments to Approved Tentative Maps and Conditions.

A.

Minor Changes to Approved Tentative Maps - Director. A subdivider may request minor changes or

amendments to an approved tentative parcel or tract map or its conditions of approval before recordation of a final map in compliance with this Subsection. Changes to a parcel or final map after recordation are subject to Subsection 9105.05.070 (Correction and Amendment of Recorded Maps).

B.

Minor Changes Defined. Minor changes or amendments to a tentative parcel or tract map that may be requested by a subdivider in compliance with this Subsection include minor adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by Subparagraph G. (Required Findings for Approval), below.

C.

Changes Other Than Minor Changes. All proposed changes or amendments not covered by this Subsection shall require the filing and processing of a new tentative parcel or tract map in compliance with this Division.

D.

Application for Changes. The subdivider shall file an application and filing fee, in compliance with the Fee Schedule, with the Department, using the forms furnished by the Department, together with the following additional information:

1.

A statement identifying the tentative parcel or tract map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and

2.

Any additional information deemed appropriate by the Director.

E.

Processing of Application. Proposed changes to a tentative parcel or tract map or conditions of approval shall be processed using the same procedures as the original tentative parcel or tract map, except as otherwise provided by this Subsection.

F.

Review Authority. The Director shall be the review authority for reviewing and either approving or denying minor changes to approved tentative maps.

G.

Required Findings for Approval. The Director may approve changes or amendments to an approved tentative parcel or tract map or its conditions of approval if the Director first finds all of the following findings to be true, and that all of the applicable findings for approval specified in Subsection 9105.03.060 (Tentative Map Approval or Denial), above, can still be made:

1.

No lots are added, deleted, or substantially altered;

2.

No proposed structure locations are substantially altered;

3.

The changes are consistent with the intent and spirit of the original tentative parcel or tract map approval; and

4.

There are no resulting violations of this Division, the Act, or other applicable laws.

H.

Effect of Changes on Time Limits. Approved changes to a tentative parcel or tract map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits specified in Subsection 9105.03.110 (Tentative Map Expiration and Extensions), above, nor extend any right(s) in compliance with a vesting tentative map.

I.

Recording of Amendments. Minor changes or amendments shall be indicated on the approved map and certified by the City Engineer.

The procedures and requirements related to appeals and public hearings in Division 8 (Development Code Administration) shall apply to the decision on a tentative map application.

The tentative parcel map process shall adhere to the requirements and process in Section 9102.01.150 (Urban Lot Splits), Section 9105.03.020 (Forms and Contents), and Section 9105.05.090 (Final Parcel Map process).

(Ord. No. 2388, Exh. A, 7-19-22)

Section 9105.05 - Parcel Maps and Final Maps.