California City Municipal Code Art. 3 Procedure

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)

(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)

(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)

(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)

(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.

(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.

(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 right-of-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.