Article 27 — ZONE AMENDMENTS

Sec. 9-2.2700. - Purpose.

This article sets forth the process for amending the zoning regulations.

Sec. 9-2.2701. - Procedure for Consideration of Amendment.

(a)

A change in the boundaries of a zone may be initiated by the Commission, Council or owner of property. The person proposing a change in the boundaries of the district shall file an application with the Planning

Director on a form prescribed by the Planning Director, including the following data:

(1)

Name and address of the applicant.

(2)

Statement the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved.

(3)

A drawing of the site and the surrounding area for a distance of at least three hundred (300) ft. from each boundary of the site, showing the location of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing, as shown on the latest adopted tax roll of the County of Kern. Assessor's maps may be used for this purpose.

(4)

The application shall be accompanied by a fee set by a resolution of the City Council to cover the cost of processing.

(b)

The Planning Director shall investigate the application and submit a report to the Planning Commission, with a recommendation for action.

(c)

The Planning Commission shall hold a duly noticed public hearing on the application. The Planning Commission shall review the application and receive evidence and testimony concerning the proposed zone change and determine if the change is consistent with the General Plan and application of the zone classification which is being proposed. A change in district boundaries shall not be made conditionally. The Planning Commission shall make its decision and adopt findings within forty-five (45) days following the completion of the public hearing. The Commission shall transmit its decision to the City Council.

(d)

The City Council shall hold a duly noticed public hearing upon receipt of the decision of the Planning Commission approving the application The City Council need not take any further action if the Planning Commission has recommended against the adoption of the amendment unless an interested party files a written notice of appeal with the City Clerk within five (5) days after the Planning Commission adopts its decision. The City Council shall find whether the amendment is required to achieve the objectives of this chapter and whether the amendment would be consistent with the General Plan and the zoning district classification. The City Council may approve, modify or disapprove the recommendation of the Planning Commission. A modification not previously considered by the Commission shall be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a

nd whether the amendment would be consistent with the General Plan and the zoning district classification. The City Council may approve, modify or disapprove the recommendation of the Planning Commission. A modification not previously considered by the Commission shall be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a

hearing thereon. Failure of the Planning Commission to report within forty (40) days of the reference, or such longer period as may be designated by the City Council, shall be deemed to be approval of the modification.

(e)

The Council shall enact an ordinance amending the zoning district if the Council approves the application.

Sec. 9-2.2702. - Change on Zoning Map.

A change in a district boundary shall be indicated on the Zoning Map with a notation of the date and number of the ordinance amending the map.

Sec. 9-2.2703. - New Application for Amendment.

No application for the same or substantially the same change shall be filed within six (6) months of the date of denial of the application.

ARTICLE 28. - ADMINISTRATION AND ENFORCEMENT

Sec. 9-2.2800. - Purpose.

This article covers the enforcement of zoning regulations. These provisions supplement other available enforcement mechanisms.

Sec. 9-2.2801. - Nuisance.

(a)

A use of property not permitted by this chapter is a nuisance.

(b)

A use of property permitted by this chapter shall not be undertaken in a manner which constitutes a nuisance.

Sec. 9-2.2802. - Nonconforming Uses.

(a)

A use of property existing on April 4, 1966, or a use of property existing after April 4, 1966, which was permitted by the then current zoning regulations of the City, but which was subsequently prohibited by the zoning regulations, is a lawful nonconforming use.

(b)

A lawful nonconforming use may be continued and maintained if there is no physical change other than: (1) maintenance and repair of a nonconforming building or structure; or (2) the reconstruction of a nonconforming building or structure partially damaged by fire, collapse, explosion, or acts of God if the expense of such reconstruction does not exceed 150% percent of the assessed value of the building or

structure at the time the damage occurred, and the reconstruction is started within one (1) year from the date of the damage, and diligently prosecuted to completion.

(c)

Part of a building, structure, or land occupied by a nonconforming use which is changed to, or replaced by, a use conforming to the zoning regulations shall not thereafter be used or occupied by the earlier lawful nonconforming use.

(d)

If no structural alterations are made, a lawful, nonconforming use of a building or structure may be changed to another lawful, nonconforming use of a more restrictive classification with the written approval of the Planning Director.

(e)

Part of a building, structure, or land occupied by a lawful, nonconforming use, which use is abandoned or ceased for one year or more, shall not again be used or occupied for a lawful, nonconforming use.

(f)

A conforming conditional use established prior to [date] shall be permitted to continue as a lawful, nonconforming use until the expiration of the permit.

(g)

A nonconforming building or structure for which a building permit was issued may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted if construction was commenced prior to the effective date of the zoning amendment which prohibited such use or within sixty (60) days after the issuance of the building permit, whichever occurs first and construction is prosecuted diligently to completion.

Sec. 9-2.2803. - Enforcement: General.

(a)

Departments, officials, and employees vested with the duty or authority to issue permits or licenses shall conform this chapter and shall issue no permit or license for uses, buildings, or purposes in conflict with this chapter. A permit or license issued in conflict with this chapter null and void.

(b)

City employees may reasonably enter upon any premises affected by this chapter for the purposes of inspection. This subsection does not authorize City employees to enter a building without the consent of the owner or the person in lawful possession thereof without first securing a search warrant.

Sec. 9-2.2804. - Enforcement: Civil.

(a)

This chapter may also be enforced by injunction issued by the Superior Court upon the suit of the City or the owner or occupant of real property affected by a violation or prospective violation of the provisions of this chapter. Such method of enforcement shall be cumulative and shall in no way affect the penal enforcement of this chapter.

(b)

A building, structure, or other work of improvement erected, constructed, demolished, altered, improved, moved or converted contrary to this chapter or use of any land, structure, building, work of improvement, or premise established, conducted, operated, or maintained, contrary to this chapter is a public nuisance.

(c)

The City shall commence actions and proceedings for the abatement, removal, and enjoinment in the manner provided by law and shall take such other steps and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure, or use, and restrain and enjoin any person from erecting or maintaining such building or structure or using any property contrary to this chapter.

Sec. 9-2.2805. - Enforcement: Criminal.

A person determined guilty of violating any provision of this Chapter shall, upon conviction thereof, be punishable as set forth in Chapter 2, Title 1 of this Code.

ARTICLE 29. - CANNABIS BUSINESSES AND CANNABIS DISPENSARIES[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 18-765 , § 1, adopted August 28, 2018, amended Art. 29, §§ 9-2.2900—9.2.2910 in its entirety to read as herein set out. Former Art. 29, pertained to cannabis businesses and cultivation, and derived from Ord. No. 16-742 , § 1, 9-13-2016; Ord. No. 17-757 , § 1, 11-28-2017. Subsequently, Ord. 18-765 , § 1, adopted August 28, 2018, changed the title from "Cannabis Businesses and Cultivation" to read as herein setout.

Sec. 9-2.2900. - Purpose and General Prohibitions.

(a)

The purpose of this Article is to further fulfill the purposes and intents set forth in Title 5, Chapter 6 of the California City Municipal Code.

(b)

The operation of any cannabis business within the City is strictly prohibited, unless the owner and/or operator first obtains a cannabis business or dispensary permit, issued by the City pursuant the requirements of Title 5, Chapter 6 of the City's Municipal Code. Owners and operators shall at all time remain in compliance with the requirements of Title 5, Chapter 6, and with all applicable State laws, and

shall further be required to obtain a state issued cannabis business permit as soon as those permits are available for issuance.

( Ord. No. 18-765 , § 1, 8-28-2018)

(a)

Nothing in this Article is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act or other state law.

(b)

All the provisions of this Article shall apply to all property, public and private, within the City.

(c)

All the provisions of this Article shall apply indoors and outdoors.

( Ord. No. 18-765 , § 1, 8-28-2018)

Sec. 9-2.2902. - Definitions.

Unless otherwise provided herein, the terms used in this Article shall have the meanings ascribed to them in Title 5, Chapter 6 of the California City Municipal Code, unless otherwise indicated.

( Ord. No. 18-765 , § 1, 8-28-2018)

Sec. 9-2.2903. - Location and Design of Cannabis Businesses.

Cannabis businesses including those permitted to engage in cultivation, manufacturing, testing, distribution, and dispensing of cannabis and cannabis products are subject to the following zoning and locational requirements:

(a)

Cannabis businesses are permitted uses on property zoned M-1 (Light Industrial) or M-2 (Heavy Industrial) only, and must meet all of the requirements for developments in those zones; and

(b)

The property on which the cannabis business is located must also meet all of the following distance requirements:

(1)

It shall be no closer than two hundred (200) feet of any residentially zoned parcel in the City, including any legal non-conforming residential uses as of the date the cannabis business permit is issued, excepting therefrom residential uses in the O/RA zone. When the subject property is adjacent to O/RA, M1, or M2, or any combination thereof on no less than three (3) sides, it shall be no closer than thirty feet (30) to any

residentially zoned parcel in the O/RA zone, including any legal non-conforming residential uses as of the date the cannabis business permit is issued. The distance between cannabis business and the residential parcel shall be measured from the outer boundaries of the residential parcel to the first structure on the property seeking the cannabis permit.

(2)

It shall be no closer than one thousand (1,000) feet from any parcel containing any of the following:

A.

A school, college or university (whether public, private, or charter, including pre-school, transitional kindergarten, and K—12).;

B.

A church or other house of worship.

C.

A daycare facility serving nine or more children and is licensed by the county.

D.

A drug or alcohol rehabilitation facility providing on-site medical treatment.

(c)

Each proposed cannabis business project shall:

(1)

Conform with the City's general plan, any applicable specific plans, master plans, and design requirements.

(2)

Comply with all applicable zoning and related development standards.

(3)

Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.

(4)

Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development.

(5)

Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.

(6)

Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose.

For the purposes of this Article, the distance between parcels shall be the horizontal distance measured in a straight line from the property line where the sensitive use is located to the first structure on the lot seeking the cannabis business permit, without regard to any intervening structures.

( Ord. No. 18-765 , § 1, 8-28-2018; Ord. No. 21-783 , § 3, 1-26-2021, eff. 2-26-2021)

Sec. 9-2.2904. - Location and Design of Cannabis Dispensaries.

(a)

Cannabis Dispensaries, both storefront retail and delivery only, are permitted uses on property zoned M-1 (Light Industrial) or M-2 (Heavy Industrial).

(b)

Cannabis Dispensaries, both storefront retail and delivery only, are conditionally permitted uses on property zoned C2 Community Commercial District or C4 Service Commercial District or C5 Regional Commercial District, with the issuance of a conditional use permit.

(c)

Cannabis Dispensaries must meet all of the requirements for developments in those zones and comply with all requirements for Cannabis Businesses set forth in section 9-2.2903.

( Ord. No. 18-765 , § 1, 8-28-2018)

Sec. 9-2.2905. - Certification from Building Department.

Prior to commencing operations, a cannabis business must obtain a certification from the Building Department certifying that the business is located on a site that meets all of the requirements of this Title.

( Ord. No. 18-765 , § 1, 8-28-2018)

Sec. 9-2.2906. - Cultivation of Cannabis.

All cannabis cultivation, whether indoors or outdoors, is prohibited within the City of California City, except as may be specifically authorized through the issuance of a cannabis business permit pursuant to the requirements of Title 5, Chapter 6, of this Code or a maximum of six plants grown indoors as authorized by State law for personnel use.

( Ord. No. 18-765 , § 1, 8-28-2018)

Sec. 9-2.2907. - Declaration of Public Nuisance.

Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Article, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

( Ord. No. 18-765 , § 1, 8-28-2018)

Sec. 9-2.2908. - Violations.

(a)

Violations of this Article shall be punishable pursuant to Title 1, Chapter 3, of this Code, as it may be amended from time to time, and as permitted by State law.

(b)

This Article is not the exclusive means for the abatement of illegal cannabis businesses or illegal cannabis dispensaries within the City of California City. The remedies set forth pursuant to this section shall be in addition to any other existing remedies for violations of the Zoning Code, including but not limited to, any action at law or equity.

( Ord. No. 18-765 , § 1, 8-28-2018)

CHAPTER 3. - LAND DIVISIONS ARTICLE 1. - GENERAL

Sec. 9-3.101. - Purpose and Scope.

This chapter regulates the division of land, the merger of lots and reversion of land to acreage. This chapter may be cited as the City's "Land Division Regulations."

The Subdivision Map Act regulates the local control of the design and improvement of subdivision and authorizes the City to enact local ordinances for the control of the design and improvement of land divisions which do not constitute subdivisions. This chapter incorporates by reference those provisions of the Subdivision Map Act mandated by state law and adopts additional provisions governing land divisions in those areas where the Subdivision Map Act allows the City to exercise discretion.

Sec. 9-3.102. - Definitions.

(a)

The following definitions apply to this chapter:

(1)

"Advisory Agency" means the Planning Commission of the City.

(2)

"Governing Body" or "Legislative Body" means the Council.

(3)

"Local agency" means the City.

(4)

"Local ordinance" means this chapter.

(5)

"Subdivision Map Act" or "Map Act" refers to Division 2 of Title 7 (commencing with §66410) of the Government Code.

(b)

Except as provided herein, the definitions now or hereinafter set forth in the Subdivision Map Act are hereby incorporated by this reference and made a part hereof.

ARTICLE 2. - MAPS REQUIRED

Sec. 9-3.201. - Application.

The production of tentative and final subdivision maps and tentative and final parcel maps shall be governed by the Map Act and this chapter.

(Ord. No. 06-641, 4-4-2006)

Sec. 9-3.202. - Tentative and Final Subdivision Maps.

(a)

A tentative and final subdivision map shall be proposed for subdivisions in conformance with the Map Act.

(b)

Final subdivision maps shall contain the information and be in the form specified by the Map Act and shall also satisfy the additional requirements of this chapter.

(Ord. No. 06-641, 4-4-2006)

Sec. 9-3.203. - Parcel Maps.

(a)

A tentative parcel map and final parcel map shall be filed for each division of land which does not constitute a subdivision unless the parcel map is waived as set forth in this chapter.

(b)

Parcel maps shall contain the information and be in the form specified by the Map Act and shall also satisfy requirements of this chapter.

(c)

The Planning Commission may require the certificates and acknowledgments required for parcel maps be recorded concurrently with the final parcel map.

(Ord. No. 06-641, 4-4-2006)

ARTICLE 3. - PROCEDURE

Sec. 9-3.301. - Application.

The procedures set forth in this Article govern the processing of tentative and final subdivision and tentative and final parcel maps.

(Ord. No. 06-641, 4-4-2006)

Sec. 9-3.302. - Tentative Maps.

(a)

The project proponent shall file the tentative subdivision or a tentative parcel map with the Planning Commission which shall conduct a public hearing to determine whether the tentative map be approved, conditionally approved or disapproved. The decision of the Commission shall be final unless appealed to the Council by any interested party within thirty (30) days of the Commission's action or failure to act. The appeal shall be filed with the City Clerk within ten months of the Commission's action or failure to act, if an environmental impact report is required, or within four months, if a negative declaration is required.

(b)

If the Commission's decision is appealed to the Council, the City Clerk shall provide notice of appeal to interested parties by publication at least once in a newspaper of general circulation at least ten (10) days prior to the date of hearing and by mail to the owners of property within three hundred (300) ft. of the proposed land division as shown on the last equalized assessment rolls.

(c)

On appeal, the Council shall review the decision of the Planning Commission and approve, conditionally approve or disapprove the tentative map. In the case of an appeal, the Council's decision shall be final.

(Ord. No. 06-641, 4-4-2006)

Sec. 9-3.303. - Final Maps.

(a)

Multiple final subdivision or parcel maps relating to an approved or conditionally approved tentative subdivision or parcel map may be filed prior to the expiration of the tentative map if the requirements of the Map Act and this chapter are met, and if the Planning Commission finds:

(1)

The property which is described in the final map will be adequately served by required on-site and off-site improvement even if the property not covered by the proposed final map is not developed;

(2)

Dedications required to serve the property described in the final map have been completed even though such dedications also benefit the remaining property; and

(3)

The inhabitants and the property owners of the City and the future inhabitants and property owners of the property described in the final map will be prejudiced by failure of the project proponent to develop the remaining property not covered by the proposed final map.

(b)

The Planning Commission may approve the modification of a recorded final subdivision map or parcel map by a certificate of correction or an amending map. Such modifications shall be considered at a public hearing conducted by the Commission. The modifications shall conform with the Map Act. Any interested party may appeal such decision of the Commission to the Council within 30 days of the Commission's decision.

(Ord. No. 06-641, 4-4-2006)

(a)

Except as provided in this chapter, the procedure for processing approval, conditional approval or disapproval and filing of parcel maps and modifications thereof, shall be the same as the procedures for tentative and final subdivision maps.

(b)

A parcel map shall be based on a field survey in accordance with the Land Surveyors Act if street, water, sewer or storm drain easements are required to be dedicated by the map or by a separate instrument. When such dedications are not required, the map can be compiled from recorded or filed data when sufficient information exists on filed maps to locate and retrace the boundaries of the map and at least one boundary can be established from an existing monument line.

(Ord. No. 06-641, 4-4-2006)

Sec. 9-3.305. - Parcel Map Waiver: Criteria and Application.

(a)

The filing of a tentative or final parcel map may be waived at the discretion of the Planning Director if Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter (¼) of a quarter (¼) section.

(b)

The application for a waiver of parcel map shall include the following information on the form more specifically required by the Planning Director:

(1)

A completed City of California City Subdivision Application, grant deed, legal description and map of the parcel;

(2)

Legal description of each of the proposed parcels prepared by a licensed land surveyor or registered civil engineer, authorized to perform land surveying, containing original signature and seal;

(3)

Two (2) copies of a preliminary title report for the affected property;

(4)

Hazardous Waste Verification Statement; and

(5)

A legible, recordable map showing the proposed land division. The map shall be submitted on a minimum 8½" x 11" sheet and shall contain the following statement: "This map is provided for illustrative purposes only."

(c)

The application shall be accompanied by the fee established by resolution of the Council.

(d)

The request for the waiver shall be denied if:

(1)

The proposed waiver is inconsistent with the General Plan, applicable specific plan, or applicable provisions of the Municipal Code;

(2)

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

(3)

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

(4)

The design of the project or the proposed improvements are likely to cause serious public health problems; and

(5)

The design of the project or the proposed improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, but the Planning Director may approve a request for waiver if the Planning Director finds alternate easements for access or for use will be provided which are substantially equivalent to the easements previously acquired by the public. This section 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 Planning Director to determine the public at large has acquired easements for access through or use of property within the proposed project.

(e)

The Planning Director shall report to the applicant and the Planning Commission on the application at least fifteen days prior to the proposed effective date of the Planning Director's decision. The decision of the Planning Director may be appealed to the Planning Commission by a written appeal filed with the Planning Secretary during the fifteen-day period.

(f)

When the decision is final, the City Planning Director shall record a Certificate of Compliance and appropriate attachments reflecting the approved waiver if the following conditions have been met:

(1)

The applicant has submitted grant deed or deeds for the land proposed to be conveyed for the waiver, in recordable form, and the Planning Director has determined the grant deed or deeds are in substantial compliance with the approved waiver, and the grant deed or deeds contain the words "FOR PURPOSES OF PARCEL MAP WAIVER NO. _______." In lieu of submitting the grant deed or deeds, the applicant's title company may issue a "Letter of Intent" to arrange simultaneous recording of deeds with the Certificate of Compliance.

(2)

The grant deed or deeds, and beneficiary consent, if applicable, shall be recorded concurrently and shall constitute constructive notice of the parcel map waiver.

(3)

A guarantee of title or a preliminary title report dated ten or less days prior to concurrent recording of deeds and Certificate of Compliance, has been issued by a title company authorized to do business in California, showing all parties having record title interest in the land to be subdivided, or any part thereof, including, but not confined to, leaseholders, lien holders, and owners of rights-of-way, showing the nature of each respective interest and reference thereto in the Official Records, by book and page, as of the date the waiver of parcel map is filed with the County for recording. The liability of such guarantee of title, if one is issued, shall be not less than $1,000.00. In lieu of an updated preliminary title report, the title company may

submit a written statement (letter of continuation) which certifies that no changes affecting the title of the subject property have occurred since the original issuance of the preliminary title report.

(4)

Applicable recording fees have been paid, or arrangements have been made for all documents to be recorded by the title company.

(5)

Other conditions of approval for the parcel map waiver have been satisfied.

(g)

An approval or conditional approval of a waiver shall expire one year from the date of approval of the waiver. The property owner may request an extension of the expiration date of the approved parcel map waiver by written application to the Planning Director. The application shall be filed prior to the expiration date and shall state the reasons for requesting the extension and the amount of time requested. The Planning Director shall approve or deny the request for extension. The maximum amount of time for each extension request shall not exceed one year. Not more than three extensions shall be approved for a parcel map waiver, and the total period of all extensions shall not exceed thirty-six months.

(h)

Minor revisions to an approved waiver of parcel map may be approved by the Planning Director upon application by the property owner or authorized agent, provided: such changes are consistent with the intent of the original approval; the original conditions need not be modified; and there are no resulting violations of the Municipal Code. Approved revisions shall be denoted on the approved waiver map and/or in writing to the property owner, whichever is appropriate. No revision shall affect the original expiration date of the approved waiver. The Planning Director may require a new application in lieu of the above procedure when, in the Planning Director's opinion, requested changes are substantial enough to warrant refiling and reprocessing.

(Ord. No. 07-646, 4-17-2007)

(a)

The decision of the Planning Director may be appealed to the Planning Commission. A public hearing shall be conducted by the Commission within sixty days from the date the application is approved by the Planning Director. At least ten (10) days' notice of the public hearing shall be given by publication and by mail to: the property owner, the applicant, each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services, the owners of property within three hundred (300) ft. of the exterior boundaries of the subject property, and any person who has filed a written request for such notice. In lieu of mailed notice, notice may be posted not more than three hundred (300) ft. apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) ft. in each direction from the exterior limits of the subject property.

(b)

The applicant or authorized representative and interested persons may appear at the hearing and be heard. The hearing may be continued, if, prior to adjournment or recess, the Planning Director or designated representative, announces the time and place to which the hearing will be continued.

(c)

The Planning Commission may approve, conditionally approve, or deny the application following the close of the public hearing. The decision shall be final ten (10) days after notice unless appealed to the council. Written notice of the decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and persons filing a written request for notice of the decision.

(d)

The applicant or other aggrieved person may appeal to the Council from the decision of the Commission by filing a written notice of appeal with the Planning Director within ten days of notice of the decision. The Planning Director shall forward the appeal to the Clerk of the City Council who shall set the matter for hearing within thirty days after the date of filing the appeal. Notice of the hearing on the appeal shall be given in the same manner as notice for the hearing before the Commission. The City Council may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from. The decision of the City Council shall be final upon adoption of a resolution containing its determination, and no further notice need be given.

(Ord. No. 06-641, 4-4-2006)

Sec. 9-3.307. - Procedure for Amending Map.

(a)

A person who desires to file an amending map after a final subdivision map or final parcel map has been filed shall present the proposed amending map and the established fee to the Planning Secretary. The Secretary shall obtain the comments of the Planning Director and the Director of Public Works as to whether the proposed map conforms with the criteria set forth below. The comments of the Planning Director and Director of Public Works shall be presented to the applicant who shall make recommended corrections, if any, or request the matter be placed before the Planning Commission for action.

(b)

If no corrections are required or when required corrections are made, the Planning Secretary shall schedule a public hearing on the proposed map upon the giving of such notice as required for the underlying map.

(c)

The Planning Commission shall approve the proposed map if the Commission makes the findings set forth in the criteria listed below. The decision of the Planning Commission shall be final unless the decision is appealed to the City Council in the same manner as tentative parcel maps.

Sec. 9-3.308. - Criteria for Amending Map.

(a)

An amending map may be approved for filing if the Planning Commission finds the following conditions exist:

(1)

The proposed map addresses changes in circumstances which make the conditions of the prior map no longer appropriate or necessary;

(2)

The modifications do not alter rights, titles or interests in the real property reflected on the recorded map; and

(3)

The modified map conforms with the Map Act.

(b)

An amending map shall conform to requirements concerning content and form of a final subdivision map or a final parcel map, as the case may be.

Sec. 9-3.309. - Expiration of Tentative Maps and Extension of Time to File Final Maps.

(a)

Approved or conditionally approved tentative subdivision or tentative parcel maps expire twenty-four (24) months after approval or conditional approval. The expiration of a tentative map terminates proceedings and no final map or parcel map shall be filed without first processing a new tentative map. Delivery to the City Engineer shall be deemed a timely filing. Once a timely filing is made, subsequent acts of the City, including, but not limited to processing, approving and recording, may occur after expiration date of the tentative map.

(b)

Upon written application by the property owner filed before a tentative map expires, the Planning Director may extend the time for filing a final subdivision or parcel map by up to twelve (12) months. The director must find the extension is in the best interests of the City. The refusal of the Director to permit an extension may be appealed by the property owner to the Planning Commission within fifteen (15) days after the Director's action. The decision of the Commission is final.

(c)

The Planning Commission may extend the expiration date of the tentative map by up to thirty-six (36) months in addition to the period of extension described above. If the subdivider applies for an extension prior to the expiration of the tentative map, the map shall be automatically extended for sixty (60) days or until the application for extension is acted upon, whichever occurs first. If the Commission denies the

application, the subdivider may appeal to the City Council within fifteen (15) days after the Commission's action.

(d)

If the subdivider is required to expend $125,000.00 or more for the construction of public improvements related to the development of the property but outside the boundaries of the tentative map, excluding rightof-way improvements that abut the boundary of the property, each filing of a phased final map shall extend the date of expiration of the tentative map by 36 months but in no event more than one hundred twenty (120) months from the approval or conditional approval of the tentative map. The value of improvements that will trigger this subsection will be changed from time-to-time by the State Allocation Board to reflect changes in the statewide cost index.

(e)

The time for filing the final map shall be extended for up to five (5) years during the pendency of a development moratorium imposed after the approval of the tentative map. When the development moratorium expires, the map shall be valid for the same period of time that was left to run at the time the moratorium was imposed, but in no event less than one hundred twenty (120) days.