Chapter 17.41 — TENTATIVE MAP FILING AND PROCESSING

Tentative map submittals shall include the application forms, and all information and other materials prepared as required by the tentative map preparation and contents instruction list, provided by the department.

(Ord. No. 2010-265, § 3, 1-27-2010)

Tentative map applications shall be submitted to the department for processing, be reviewed for completeness and accuracy, referred to affected agencies, reviewed in compliance with the California Environmental Quality Act (CEQA), and evaluated in a staff report in compliance with Chapter 17.60.

(Ord. No. 2010-265, § 3, 1-27-2010)

After completion of the initial processing in compliance with Chapter 17.60, the development review committee shall:

A.

Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this development code, the General Plan, applicable specific plan, and the Map Act; and

B.

Determine the extent to which the proposed subdivision complies with the findings in Section 17.41.100, and recommend to the commission the approval, approval with specified conditions, or disapproval of the tentative map application.

The applicant shall be provided a copy of the staff report before a meeting of the development review committee to consider a tentative map.

(Ord. No. 2010-265, § 3, 1-27-2010)

After review of a tentative map application by the development review committee (Section 17.41.030), the commission shall be responsible for the following:

A.

Conduct a public hearing on a proposed tentative map, and shall consider the recommendations of the development review committee, and any agency providing comments on the tentative map in compliance with Section 17.60.050(B). The public hearing shall be scheduled and notice provided in compliance with Section 17.41.060; and

B

Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this development code, the General Plan, applicable specific plan, and the Map Act. The commission's evaluation shall be based on a staff report (Section 17.60.070) and information provided by an initial study or environmental impact report (Section 17.60.060), and any public testimony and evidence received during the public hearing.

C.

In compliance with Government Code Section 66452.1, approve, conditionally approve, or disapprove the tentative map within fifty (50) days after certification of an environmental impact report or adoption of a negative declaration on the tentative map. This fifty-day time limit may be extended by mutual consent of the subdivider and the commission.

Approval or conditional approval of a tentative map shall be granted only after the commission has first made all findings required by Section 17.41.100. The commission may impose conditions of approval in compliance with Section 17.41.110.

The director shall report the action of the commission to the council. If the tentative map is conditionally approved, the report shall specify the conditions.

(Ord. No. 2010-265, § 3, 1-27-2010)

When a public hearing is required by this development code for a tentative map or an appeal of a tentative map decision, the hearing shall be scheduled and conducted in compliance with this section, in addition to public notice being provided in compliance with Chapter 17.78.

A.

Scheduling of Hearing-Decision. A public hearing on a tentative map or appeal shall be scheduled, and a decision shall be reached, within the following time limits.

1.

Tentative Map.

a.

Hearing. A hearing on a tentative map by the commission shall be scheduled pursuant to Section 17.41.040(C).

b.

Decision on Map. The commission shall approve, conditionally approve or disapprove the tentative map within the time limits set forth in 17.41.040 C.

2.

Appeals. A hearing on an appeal (Chapter 17.74) shall be scheduled within thirty (30) days after the filing of the appeal, and the council shall reach its decision on the appeal within ten (10) days of the conclusion of the hearing. If there is no regular meeting date within thirty (30) days, the appeal hearing shall be conducted at a special meeting or other meeting as early as possible as after proper notice.

3.

Distribution of Staff Report. The staff report on the tentative map shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Section 17.44.310)) at least ten (10) days before any hearing or action on the tentative map by the commission or council.

Notice of a hearing shall be given to any owner of a mineral right who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code.

(Ord. No. 2010-265, § 3, 1-27-2010)

In order to approve a tentative map and conditions of approval, or to disapprove a tentative map, the commission shall first make the findings required by this section. In determining whether to approve a tentative map, the city shall apply only those ordinances, policies and standards in effect at the date the department determined that the application was complete in compliance with Section 17.60.050 except where the city has initiated General Plan, specific plan or development code changes, and provided public notice as required by Map Act Section 66474.2.

A.

Required Findings for Approval. The review authority may approve a tentative map only when it shall first find that the proposed subdivision, together with the provisions for its design and improvement:

1.

Is consistent with the General Plan, and any applicable specific plan, and

2.

That none of the findings for disapproval in subsection (D) of this section can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6.

B.

Supplemental Findings. In addition to the findings required for approval of a tentative map by subsection (A) of this section, the following findings are also required when they are applicable to the specific subdivision proposal:

1.

It 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, to require the construction of road improvements within a specified time after recordation of the parcel map, where road improvements are required (see Section 17.46.020);

2.

Any findings required by Sections 17.44.310 for condominium conversions.

C.

Findings for Waiver of Parcel Map. If waiver of a parcel map has been requested with the tentative map application, the review authority shall determine whether the findings required by Section 17.42.110 can also be made.

D.

Findings Requiring Disapproval. A tentative map shall be denied if the review authority makes any of the following findings:

1.

The proposed subdivision including design and improvements is not consistent with the General Plan or any applicable specific plan;

The site is not physically suitable for the type or density of the proposed development;

3.

The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or injure fish or wildlife or their habitat;

4.

The design of the subdivision or type of improvements is likely to cause serious public health problems;

5.

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

6.

The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by this Municipal Code or the California Regional Water Quality Control Board; or

7.

The proposed subdivision is not consistent with all applicable provisions of this development code, the Municipal Code, or the Map Act.

E.

Findings that may Justify Disapproval. A tentative map may be denied if the commission or council (as applicable) makes any of the following findings:

1.

The tentative map is not in conformity with accepted planning or engineering standards;

2.

The environmental, public services or facilities costs to city taxpayers outweigh the advantages created by the proposed subdivision;

3.

The proposed development is not compatible with the character of the neighborhood;

4.

The proposed development is in an area not desirable for the intensive use proposed; or

5.

A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has failed to provide sufficient information to the satisfaction of the city engineer, commission or council that the conditions can be corrected in the plan for the development.

(Ord. No. 2010-265, § 3, 1-27-2010)

Along with the approval of a tentative map, the adoption of conditions of approval shall occur in compliance with this section, provided that all conditions shall be consistent with the requirements of the Map Act.

A.

Mandatory Conditions. The review authority shall adopt conditions of approval that will:

1.

Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal, and public utilities providing electric, gas and communications services, as may be required to properly serve the subdivision. Easements for public utilities shall be limited to those needed to provide service to present and future development;

2.

Mitigate or eliminate environmental problems identified through the environmental review process, or require redesign of the subdivision as a prerequisite to the approval of the tentative map;

3.

Carry out the specific requirements of Chapters 17.46 and 17.48 of this development code;

4.

Secure compliance with the requirements of this development code and the General Plan; and

5.

Require that any designated remainder parcels not be subsequently sold unless a certificate or conditional certificate of compliance (Sections 17.44.200 and 17.44.210, respectively) is obtained before recordation of a final or parcel map, or is further subdivided in compliance with this development code.

B.

Optional Conditions. The review authority may also require as conditions of approval:

1.

The waiver of direct access rights to any existing or proposed streets;

2.

The dedication of additional land for bicycle paths, local transit facilities, (including bus turnouts, benches, and shelters), sunlight easements, and school sites, in compliance with Map Act Chapter 4, Article 3;

3.

The reservation of sites for public facilities, including fire stations, libraries, and other public uses in compliance with Map Act Chapter 4, Article 4;

4.

Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; and/or

Any other conditions deemed necessary by the review authority to achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or to achieve consistency with the General Plan, the Municipal Code or state law.

(Ord. No. 2010-265, § 3, 1-27-2010)

The approval of a tentative map shall become effective for the purposes of pursuing recordation, including compliance with conditions of approval,

On the eleventh day after the decision on a subdivision by the commission unless an appeal to the decision is filed before that time, as set forth in Chapter 17.74.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.41.130 - Changes to approved tentative map or conditions.

A subdivider may request changes to an approved tentative map or its conditions of approval before recordation of a parcel or final map in compliance with this section. Changes to a parcel or final map after recordation are subject to Section 17.42.420.

A.

Limitation on Allowed Changes. Changes to a tentative map that may be requested by a subdivider in compliance with this section include major 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 subsection (D) of this section. Other changes shall require the filing and processing of a new tentative map.

B.

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

1.

A statement identifying the tentative 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 department.

C.

Processing. Proposed changes to a tentative map or conditions of approval shall be processed in the same manner as the original tentative map, except as otherwise provided by this section.

D.

Findings for Approval. The review authority shall not modify the approved tentative map or conditions of approval unless it shall first find that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by Section 17.41.100(A) and (B) can still be made:

1.

There was a material mistake of fact in the deliberations leading to the original approval;

There has been a change of circumstances related to the original approval; and

3.

A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this development code.

E.

Effect of Changes on Time Limits. Approved changes to a tentative map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits provided by Section 17.41.310.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Compliance with Conditions—Improvement Plans. After approval of a tentative map pursuant to this chapter, 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 pursuant to Chapter 17.48 before constructing any required improvements.

B.

Parcel or Final Map Preparation, Filing and Recordation.

1.

A parcel map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded as set forth in Chapter 17.42 to complete the subdivision, unless a parcel map has been waived in compliance with Section 17.42.110.

2.

A final map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Chapter 17.42 to complete the subdivision.

(Ord. No. 2010-265, § 3, 1-27-2010)

This section establishes procedures to implement the vesting tentative map requirements of state law, Sections 66498.1 et seq. of the Map Act.

A.

Applicability. Whenever this development code requires that a tentative map be filed, a vesting tentative map may instead be filed, provided that the vesting tentative map is prepared, filed and processed in compliance with this section.

1.

A vesting tentative map may be filed for either residential, commercial or industrial developments.

2.

If a subdivider does not seek the rights conferred by this section, the filing of a vesting tentative map is not a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction; however, nothing in

this section shall be construed to eliminate the need for a subdivider to obtain subdivision approval in compliance with the other applicable provisions of this development code or the Municipal Code.

B.

Procedures for Processing a Vesting Tentative Map. A vesting tentative map shall be filed in the same form, have the same contents and accompanying data and reports and, shall be processed in the same manner as set forth by this chapter as a tentative map, except as follows.

1.

Application Content. The vesting tentative map shall include the following information in addition to that required by Section 17.41.010:

a.

Title. The vesting tentative map shall be prepared with the words "vesting tentative map" printed conspicuously on its face; and

b.

Intended Development. The vesting tentative map application shall include accurately drawn, preliminary floor plans and architectural elevations for all buildings and structures intended to be constructed on the property after subdivision.

2.

Findings for Approval. The approval of a vesting tentative map shall not be granted unless the review authority first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for tentative map approval by Section 17.41.100.

C.

Expiration of Vesting Tentative Map. An approved vesting tentative map shall be subject to the same time limits for expiration as are established for tentative maps by Sections 17.41.300 et seq.

D.

Changes to Approved Map or Conditions. The subdivider may apply for an amendment to the vesting tentative map or conditions of approval at any time before the expiration of the vesting tentative map. An amendment request shall be considered and processed as a new application, in compliance with this section.

E.

Development Rights Vested.

1.

The approval of a vesting tentative map shall confer a vested right to proceed with development of the subdivided lots in substantial compliance with the ordinances, policies and standards (excluding fees) described in Section 66474.2 of the Map Act.

2.

If Map Act Section 66474.2 is repealed, approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the map is approved.

Subsequent land use permits, building permits, extensions of time or other entitlements filed on parcels created by the subdivision may be conditioned or denied if:

a.

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

b.

The condition or disapproval is required in order to comply with state or federal law.

4.

Fees charged for building or land use permits, filed after the approval of a vesting tentative map shall be as required at the time the subsequent permit applications are filed, including any related utility or development impact fees (e.g., sewer/water hookup fees, traffic mitigation fees). Application contents shall be as required by ordinance requirements in effect at the time the subsequent application is filed.

F.

Duration of Vested Rights. The development rights vested by this section shall expire if a parcel map or final map is not approved before the expiration of the vesting tentative map in compliance with Sections 17.41.300 et seq. If the parcel or final map is approved and recorded, the development rights shall be vested for the following periods of time.

1.

An initial time period of twenty-four (24) months from the date of recordation of the parcel or final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

2.

The initial twenty-four (24) months shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if processing exceeds thirty (30) days from the date the application is accepted for processing as complete.

3.

The subdivider may apply for a one-year extension at any time before the initial twenty-four (24) months expires. Application for an extension shall be submitted to the department and shall be accompanied by the required fee. The council shall approve or deny any request for extension.

4.

If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (F) (1) and (F)(2) above, the vested rights shall continue until the expiration of the building permit, or any extension of that permit.

(Ord. No. 2010-265, § 3, 1-27-2010)

An approved tentative map shall be subject to the time limits for expiration and procedures for extension in compliance with Sections 17.41.310 through 17.41.330.

(Ord. No. 2010-265, § 3, 1-27-2010)

The expiration date of a tentative map is determined by Map Act Sections 66452.6, 66452.11 and 66463.5. An approved tentative map or vesting tentative map is valid for twenty-four (24) months after its effective date (Section 17.41.120). At the end of that time, the approval shall expire and become void unless:

A.

A parcel or final map, and related bonds and improvement agreements, have been filed with the city engineer in compliance with Chapter 17.42; or

B.

An extension of time has occurred in compliance with Section 17.41.320.

A tentative map approval shall be deemed to have expired if a parcel or final map has not been recorded within the time limits established by this section or within an extension of time approved in compliance with Section 17.41.320. Expiration of an approved tentative map or vesting tentative map shall terminate all proceedings. The application shall not be reactivated unless a new subdivision application is filed.

(Ord. No. 2010-265, § 3, 1-27-2010)

When a subdivision has not been completed through the recording of a parcel or final map within the time limits set by Section 17.41.310, time extensions may be granted in compliance with this section. Extension requests shall be in writing and shall be filed with the department on or before the date of expiration of the approval or previous extension, together with the required filing fee.

A.

Tentative Maps. The commission may grant a maximum of three, one-year extensions to the initial time limit only after finding that:

1.

There have been no changes to the provisions of the General Plan, any specific plan, or this development code applicable to the project since the approval of the tentative 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 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 water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project.

B.

Tentative Maps with Multiple Final Maps. Where a subdivider is required to expend more on improvements than the amount, including any annual increase, specified in Map Act Section 66452.6 and multiple final maps are filed covering portions of a single approved tentative map, each filing of a final map shall extend the expiration of the tentative map by an additional thirty-six (36) months from the date of its expiration, or the date of the previously filed final map, whichever is later. Provided that the total of all extensions shall not extend the approval of the tentative map more than ten (10) years from its approval.

C.

Vesting Tentative Maps. The commission may grant a maximum of three, one-year extensions to the initial time limit pursuant subsection (A) of this section. Any rights conferred by Section 17.41.200 shall expire if a final map is not approved and recorded before the expiration of the vesting tentative map.

(Ord. No. 2010-265, § 3, 1-27-2010)

Any subdivision application deemed approved in compliance with Section 65956 of the Government Code or Map Act Sections 66452 et seq., shall be subject to all applicable provisions of this development code, which shall be satisfied by the subdivider before any building permits or other land use entitlements are issued. Parcel or final maps filed for record after the automatic approval of the tentative map therefore shall remain subject to all the mandatory requirements of this development code and the Map Act, including but not limited to Map Act Sections 66473, 66473.5 and 66474.

(Ord. No. 2010-265, § 3, 1-27-2010)