Article 2 — Applications Procedures and Requirements

(a)

Division of land in five (5) or more lots.

(1)

A tentative map and a final map shall be required for all divisions of land where the land will be divided into five (5) or more parcels, five (5) or more condominiums, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units.

(2)

A tentative and parcel map shall be required for subdivision of five (5) or more lots if at least one the following conditions apply:

a.

The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or

b.

Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or

c.

The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or

d.

Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than onequarter (¼) of a one-quarter (¼) section.

(b)

Division of land in four (4) or less lots.

(1)

A tentative map and parcel map shall be required for all subdivisions creating four (4) or less lots; creating four (4) or less condominiums, as defined in Section 783 of the Civil Code; creating a community apartment project containing four (4) or less parcels; or converting a dwelling to a stock cooperative containing four (4) or less dwelling units.

(c)

Cases for which the need of tentative, parcel or final maps are waived.

(1)

Neither a tentative map nor a parcel map shall be required for:

a.

Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the State Public Utilities Code, which are created by short-term leases terminable by either party on not more than thirty (30) days' notice in writing.

b.

Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Application. The applicant shall file an application for a subdivision with the Community Development Director, according to the requirements of Section 9-6.109 to Section 9-6.110.

(b)

Review. The Community Development Director shall review the application for a tentative map in accordance with Section 9-6.110, and provide notice according to the requirements of Section 9-6.111, Public Notification. A public hearing may be scheduled at either the Planning Commission or City Council level for the review of the application, according to Table 6.1 in Section 9-6.105, Authority for acting on applications.

(c)

Approvals. Applications for tentative maps and final maps shall be approved in accordance with Table 6.1 in Section 9-6.105.

(d)

Appeals. An appeal requires a new public hearing with a new public notice in accordance with Section 9-6.115, Appeals.

(e)

Other permits. Other permits may be applied for and reviewed concurrently, consistent with the requirements of Chapter 6.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

If the proposed subdivision is a conversion of real property to a condominium project, community apartment project, or stock cooperative project, notice of a public hearing shall be mailed to each tenant of the subject property. In all cases, mailed notice shall be given to the owners of all property within 300 feet of the property under consideration and by posting a copy of the notice at the end of each block face upon which the property fronts.

(b)

If an environmental impact report has been prepared for the subdivision application pursuant to the California Environmental Quality Act, the Planning Commission shall approve, conditionally approve, or disapprove the application within forty-five (45) days after certification of the environmental impact report.

(1)

If no such report has been prepared, the appropriate review authority shall approve, conditionally approve, or disapprove any tentative map within fifty (50) days after the filing thereof. After action has been taken on the tentative map the Community Development Director shall report the action of the Planning Commission to the subdivider in writing.

(2)

The foregoing time limits may be extended by mutual consent of the subdivider and the Planning Commission.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

The Planning Commission or City Council shall not approve an application for a subdivision, unless it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Coalinga General Plan and any other applicable plans. A proposed subdivision shall be consistent with the General Plan or applicable plans only if the proposed subdivision or land use is compatible with the objectives, policies, general land uses, and programs specified in such plans.

(b)

The Planning Commission or City Council shall deny an application for a subdivision if it makes any of the following findings:

(1)

That the proposed map is not consistent with the Coalinga General Plan, or with other applicable plans;

(2)

That the design or improvement of the proposed subdivision is not consistent with the Coalinga General Plan or with other applicable plans;

(3)

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

(4)

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

(5)

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

(6)

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

(7)

That 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. The Planning Commission may approve a tentative map if it finds that alternative easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This provision shall apply only to easements of record or to easements established by a court of competent jurisdiction;

(8)

That the map fails to meet or perform one or more requirements or conditions imposed by the "Subdivision Map Act" or by this title. Any such requirement or condition shall be specified.

(c)

Notwithstanding the provisions of Section 9-7.204(b)(5) of this article, a tentative map may be approved if an environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081(c) of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Application.

(1)

All provisions of this chapter shall apply equally to minor and major subdivisions, which are respectively approved by parcel map and by final map.

(b)

Cost sharing of improvement costs.

(1)

The subdivider shall construct and/or install all required or permitted subdivision improvements without any cost or expense to the City except as provided in Section 9-7.205(b)(2) of this article.

(2)

When the subdivider is required to construct or install larger storm sewers, sanitary sewers or water improvements to serve contiguous areas developed, or to be developed, by other developers, the city will then pay the subdivider for the oversizing pursuant to the terms of an Oversizing Reimbursement Agreement. The cost of oversizing should be presented by the developer to the City by comparing at least two (2) quotations, and shall be approved by the City Council before construction is started.

(3)

The subdivider shall dedicate all required rights-of-way and grant all easements to the proper public or private agency, except as otherwise specifically provided, without any cost or expense to the city.

(c)

Charges and fees.

(1)

The subdivider shall pay all applicable fees.

(2)

If the Community Development Director determines that any street or frontage road or portion thereof shall not be improved to city standards at the time the subdivider is improving adjoining lands then the subdivider shall deposit with the city the full cost of making permanent improvements as estimated by the Community Development Director and shall pay all costs for temporary improvements deemed necessary by the Community Development Director.

(3)

The subdivider shall pay for all improvements abutting county roads where he is required to install half standard width streets improved to city standards and where such half streets abut a county road. The improvements to such county roads shall meet the standards prescribed by the county engineer. If it is determined that the portion of such road or street which is within the city should not be improved to city standards at the time the subdivider is improving adjacent lands then the subdivider shall deposit with the City the full cost of improving one-half (½) of such street or road. The cost of improving such half streets to city standards shall be determined by the Community Development Director. When such half streets are not improved to city standards at time of development, the subdivider will be required to pay all costs for all temporary improvements deemed necessary by the Community Development Director on that portion of the street or road that is in the City as well as that portion of the street or road that is in the county but not within the City.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)