Article 32 — REQUIRED MAPS

The provisions of this article shall determine the need for Tentative or Vesting Tentative Maps, Final Maps, Tentative Parcel, and Parcel Maps.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Any subdivision of land shall require the filing and approval of either a Tentative Map and Final Map or Tentative Parcel Map and Parcel Map, except as provided by the Map Act (Section 66426) and/or Section 15-3203, Exemptions from Subdivision Approval Requirements.

A.

Tentative Parcel Map and Parcel Maps (Four or Fewer Parcels). Tentative Parcel and Parcel Maps shall be required for the following:

1.

Parcel Maps, as authorized by the Map Act (Section 66248; four or fewer parcels).

2.

Divisions of land into five or more parcels that meet any of the following criteria and are consistent with the Map Act (Section 66426):

a.

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

b.

Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a public street or highway.

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 City as to street alignments and widths.

d.

Each parcel created by the division has a gross area of not less than 40 acres or is not less than one quarter of a quarter section.

e.

The land being subdivided is solely for the creation of an environmental subdivision pursuant to Map Act (Section 66418.2).

3.

Exceptions. Pursuant to the Map Act (Sections 66411, 66412, 66412.1, 66412.2, and 66426.5) a subdivision map shall not be required for:

a.

Public/Government Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to or from a governmental agency, public entity, public utility, or a subsidiary of a public utility for rights-of-way, unless the Director determines, based on substantial evidence, that public policy necessitates a Parcel Map in an individual case;

b.

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

c.

Waived Parcel Map. A subdivision that has been granted a waiver of Parcel Map requirements in compliance with Section 15-3503, Waiver of Parcel Map.

B.

Tentative Maps and Final Maps (Five or More Parcels). Tentative Maps and Final Maps shall be required for subdivisions of five or more parcels that do not meet the criteria for Tentative Parcel Maps and Parcel Maps listed in Subsection A above.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The requirements for a Tentative Map, Parcel Map, or Final Maps shall not apply to the exclusions enumerated in the Map Act (Sections 66412, 66412.1, 66412.2, 66412.5 and 66426.5).

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 33 - TENTATIVE PARCEL AND TENTATIVE MAP FILING AND PROCESSING

Sec. 15-3301. - PURPOSE.

This article establishes the application requirements, submittals, review, and required findings for approval and disapproval of Tentative Parcel Maps and Tentative Maps, consistent with the requirements of the Map Act.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3302. - FORM AND CONTENTS.

A.

Application Requirements. Tentative Parcel Map and Tentative Map application submittals shall include:

1.

Application forms as required by the City.

2.

Maps shall be prepared in compliance with all applicable City standards and specifications and the Map Act.

3.

Maps shall be clearly and legibly drawn, printed, or reproduced and shall contain the information specified by the City Engineer and Director and shall be prepared pursuant to the Map Act (Sections 66434 et. seq. and 66444 et. seq.).

4.

If the subdivider plans to develop the site in phases such that multiple Final Maps will be filed following the approval of a single Tentative Map in compliance with the Map Act (Section 66456.1).

B.

Accompanying Data and Reports. Applications for Tentative Maps and Tentative Parcel Maps shall be accompanied by the following data or reports:

1.

Title Report. A preliminary title report, showing the legal owners at the time of filing the Tentative Map.

2.

Environmental Assessment. The subdivider shall provide data and information as may be required for the preparation and processing of environmental documents pursuant to the California Environmental Quality Act.

3.

Soils Report. The City Engineer may require the preparation of a preliminary soils report. If a preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not

corrected, could lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The City Engineer may require additional information or reject the report if it is found to be incomplete, inaccurate, or unsatisfactory. The preliminary soils report may be waived if the City Engineer determines that, due to knowledge of the soil qualities in the subdivision, no preliminary analysis is necessary.

4.

Geotechnical Report. For subdivisions within the Alquist-Priolo Fault Zone or other area with geologic or seismic hazards per State Hazard Mapping Act or the General Plan, a preliminary geotechnical report that evaluates seismic hazards and recommends appropriate mitigation measures, prepared in compliance with the requirements of the State Seismic Hazard Mapping Act, shall be submitted with the Tentative Map. The report shall identify mitigation measures that will be incorporated in design of the subdivision to mitigate hazards from liquefaction and other seismic hazards. If this preliminary report identifies hazards, an engineering report on each lot in subdivision must be submitted with Final Map.

5.

Other Reports. Any other data or reports deemed necessary by the City (refer to Section 15-3305, Application Filing and Completeness Review).

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3303. - CONCURRENT PROCESSING OF RELATED APPLICATIONS.

A.

Related Applications. Other applications required by this Code that are related to a Tentative Map and/or Tentative Parcel Map may be submitted prior to or concurrently with the Tentative Map and Tentative Parcel Map application(s) and shall contain clear, legible, and accurate information. Each application shall accurately reference other applications.

B.

Approval of Related Application(s).

1.

Concurrent processing of other applications required by this Code that are related to a Tentative Map and/or Tentative Parcel Map application(s) shall occur in accordance with the provisions and requirements included within Section 15-5018 of this Code.

C.

Time Limit Waiver/Extensions by Mutual Consent. Time limits may be extended or waived by mutual consent of the City and the applicant for the processing of a Tentative Map and/or Tentative Parcel Map for the purpose of permitting concurrent processing of related entitlement applications or an environmental review of the same project per the Map Act (Section 66451.1).

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, § 54, eff. 1-18-19).

Prior to filing an application for a Tentative Map and/or Tentative Parcel Map, the prospective subdivider shall meet with Planning staff and the Subdivision Review Committee, to review the proposed subdivision design, including a discussion of the location of open space, connectivity to surrounding streets and/or property, trails, safe routes to school, bus stops, dedication requirements, applicable processing procedures, etc.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, § 55, eff. 1-18-19).

Sec. 15-3305. - APPLICATION FILING AND COMPLETENESS REVIEW.

A.

Filing. The Director shall maintain application forms and lists that specify the information that will be required from applicants for maps.

B.

Initial Application Review.

1.

The Director shall review and evaluate each Tentative Map or Tentative Parcel Map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any operative plan or master utility plan, and the Map Act; and

2.

The Director may determine the extent to which the proposed subdivision complies with the findings identified in Section 15-3309, Required Findings.

C.

Complete and Accepted for Processing. Staff shall provide written notification to the applicant whether the application is complete and accepted for processing within 30 days of receipt of a filed application. In the course of processing the application, the City may require the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application.

D.

Incomplete. Staff shall notify the applicant that the application is incomplete and has not been accepted for processing and shall notify the applicant of the manner in which the application may be made complete. If the applicant fails to provide requested information within 30 days of notification, the application shall be deemed incomplete, processing shall be suspended, and application shall be returned to applicant less fees to cover initial review.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, § 56, eff. 1-18-19).

The approval, conditional approval, or denial of a Tentative Map and/or Tentative Parcel Map shall be based on the ordinances, policies, and standards in effect on the date of notification to the developer of the determination that the application is complete according to Section 15-3305, Application Filing and Completeness Review. If the City has initiated formal proceedings and published notice of an ordinance or resolution amending ordinances, policies, and standards applicable to the developer's project prior to acceptance of a complete application, the amended ordinances, policies, and standards in effect on the date of tentative map approval shall apply. If the developer requests changes in applicable ordinances, policies, and standards, and they are adopted, the changes shall apply.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Referrals. A Tentative Parcel Map or Tentative Map application shall be referred to the agencies outlined in this subsection as required by the Map Act (Section 66453), as well as any other City department, County, State, or federal agency, or other individual or group that the Director believes may be affected by the subdivision or may have information useful to the City about issues raised by the proposed subdivision.

B.

Time Limits for Referrals. As required by the Map Act (Section 66453(b)), referral of maps shall occur within five days of determining that the Tentative Parcel Map or Tentative Map application is deemed complete in compliance with Section 15-3305, Application Filing and Completeness Review.

C.

Affected Agencies. The Director shall refer Tentative Parcel Map and Tentative Map applications for review and comment to each of the following public service providers:

1.

Caltrans. The California Department of Transportation shall be referred any map located within an area shown on a territorial map filed with the City in compliance with the Map Act (Section 66455);

2.

Other Cities and Local Agencies. Other cities and other local agencies shall be referred any Map that is located within the area shown on a territorial map filed with the City in compliance with the Map Act (Section 66453); and

3.

Others. Other agencies (such as municipal service providers, city departments, and school districts), departments, groups, or individuals that the Director determines should review the project.

D.

Subdivision Review Committee (SRC). Tentative Maps shall be reviewed by the SRC in accordance with Section 15-3304, Pre-Application Consultation. The SRC shall advise the Director pursuant to Section 153105-B.5.b; and, based on the findings in Section 15-3305, Application Filing and Completeness Review.

E.

Presumption. Along with the subdivision application referral, the Department shall include notification that if no written response to the referral is received within 15 days of receiving a copy of the proposed project, per the Map Act (Section 66453(c)), the City shall presume that no recommendations or comments are forthcoming.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, § 57, eff. 1-18-19).

Sec. 15-3308. - DECISION.

A.

Tentative Parcel Map.

1.

Review Authority. The Director is the Review Authority for Tentative Parcel Maps and map exceptions identified in the Map Act (Section 66426).

2.

Decision. The Director shall approve, conditionally approve, or disapprove a Tentative Parcel Map. The Director shall:

a.

Consider the recommendations of any agency comments on the map, and any testimony;

b.

Consider comments received from the SRC;

c.

Review and evaluate each Tentative Parcel Map as to its compliance and consistency with applicable provisions of this Development Code, the Municipal Code, the General Plan, any operative plan, the City's standard specifications and plans, and the Map Act;

d.

Consider any environmental assessment, where applicable;

e.

Approve or conditionally approve a Tentative Parcel Map only after all findings required by Section 15-3309, Required Findings, are made; and

f.

Impose conditions of approval in compliance with Section 15-3311, Conditions of Approval.

3.

Timing/Action. In accordance with the Map Act (Section 66452.1), the Director shall take action within 50 days after:

a.

The Tentative Parcel Map application has been deemed complete; and

b.

The 50-day time period shall commence after the adoption and/or certification of applicable environmental document consistent with Division 13 (commencing with Section 21000) of the Public Resources Code.

4.

Planning Commission Referral. Alternatively, the Director, at their discretion and for good cause, may refer a Tentative Parcel Map to the Commission for consideration. The Commission shall make the findings for approval per Section 15-3309, Required Findings. The Director shall provide public notice per Section 153308-B.4, Notice of Hearing.

B.

Tentative Map.

1.

Review Authority. The Planning Commission is the Review Authority for Tentative Maps.

2.

Director. The Director shall prepare a staff report to the Commission describing the conclusions of the evaluations of the map, and recommending that the Commission approve, conditionally approve, or disapprove the Tentative Map.

3.

Timing/Action. In accordance with the Map Act (Section 66452.1), a public hearing on a Tentative Map shall be scheduled, and action shall be taken, within 50 days after:

a.

The Tentative Map application has been deemed complete; and

b.

The 50-day time period shall commence after the adoption and/or certification of applicable environmental document consistent with Division 13 (commencing with Section 21000) of the Public Resources Code.

4.

Notice of Hearing. Public hearings for maps shall be noticed per the following:

a.

Publication. Notice shall be given by publication once in a newspaper of general circulation publication and circulated in the City at least 10 days prior to the hearing. The notice shall be at least one-eighth page in size; and

b.

Public Notice. Refer to Section 15-5007, Public Notice.

5.

Distribution of Staff Report. In compliance with the Map Act (Section 66452.3) the staff report shall be made available at least three days before any hearing or action by the Review Authority.

6.

Planning Commission. The Planning Commission shall:

a.

Consider the recommendations of the Director, any agency comments, and any public comment, including written and verbal testimony;

b.

Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Development Code, the Municipal Code, the General Plan, any operative plan, or Concept Plan, and the Map Act;

c.

Review and make a determination on the environmental document, and any public comment, including written and verbal testimony received;

d.

Approve or conditionally approve a Tentative Map only after the Commission has first made all findings required by Section 15-3309, Required Findings; and

e.

Impose conditions of approval in compliance with Section 15-3311, Conditions of Approval.

City Council. Shall consider appeals of the Commission's action per Section 15-3314, Appeals, and pursuant to the Map Act (Section 66452.5).

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3309. - REQUIRED FINDINGS.

A.

Findings. The Review Authority may approve or conditionally approve a Tentative Parcel Map or Tentative Map if it makes all of the following findings:

1.

Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable operative plan, adopted policies or guidelines, and the Municipal Code.

2.

Passive and Natural Heating and Cooling. A subdivision for which a Tentative Map is required shall provide pursuant to the Map Act (Section 66473.1), to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Examples of passive or natural heating opportunities in subdivision design include:

a.

Design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure and to take advantage of shade or prevailing breezes. Consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure.

b.

The requirements of this section do not apply to condominium projects that consist of the subdivision of airspace in an existing building when no new structures are added.

c.

For the purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

3.

Availability of Water. Water will be available and sufficient to serve a proposed subdivision with more than 500 dwelling units in accordance with the Map Act (Section 66473.7).

4.

Infrastructure Capacity. There exists sufficient infrastructure capacity for water, runoff, storm water, wastewater, and solid waste systems to serve the proposed subdivision. In cases where existing infrastructure is found to be deficient, plans shall show how sufficient capacity will be provided.

5.

Compliance with Floodplain Regulations. The proposed subdivision is compliant with the City of Fresno Floodplain Management Ordinance and the State of California Code of Regulations Title 23, as well as any other applicable State or federal law.

B.

Supplemental Findings. In addition to the findings required for approval of a Tentative Map or Tentative Parcel Map by Subsection A above, the Review Authority shall not approve a Tentative Parcel Map or Tentative Map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.

1.

Construction of Improvements. It is in the interest of public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of improvements within a specified time after recordation of a Parcel Map of four or fewer parcels where improvements are required.

2.

Condominiums. Any applicable findings required by Section 15-3913, Findings, for Condominium Conversions.

3.

Dedications or Exactions. Any applicable findings required by Article 37, Dedications and Reservations, if dedications or exactions are required.

4.

Waiver of Parcel Map. The findings required by Section 15-3503, Waiver of Parcel Map, if waiver of a Parcel Map has been requested with the Tentative Map application.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

In accordance with the Map Act (Section 66474), the Review Authority shall deny approval of a Tentative Map and/or Tentative Parcel Map if it makes any of the following findings:

A.

The proposed map, including design and improvements, is not consistent with the General Plan, any applicable operative plan, adopted policies/guidelines, or any applicable provision of this Code.

B.

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 unless an environmental impact report was prepared for the project and a finding has been made pursuant to Section 21081 (3)(a) of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives that the environmental impact report identified.

C.

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

D.

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

E.

The design of the subdivision or the type of improvements are likely to cause serious public health problems.

F.

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. In this connection, the City may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection 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 a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

G.

The site is subject to a contract under the Williamson Act and the resulting parcels following subdivision would be too small to sustain agricultural use and the land meets all the requirements of the Map Act (Section 66474.4).

H.

The subdivision is located in a State responsibility area or very high fire hazard zone as defined in Section 51177 of the Government Code and the Review Authority is unable to make the findings required by the Map Act (Section 66474.02).

I.

The subdivision is located within a flood zone pursuant and design of the subdivision would not provide for compliance with State and federal floodplain regulations (Section 66474.5).

J.

The waste discharge into the City sewer system from the proposed subdivision would add to, or result in, violations of requirements imposed by the California Regional Water Quality Control Board (Section 66474.6).

K.

Exceptions. To the extent permitted by State law, the Review Authority may make exceptions to the standards set forth in this section provided that it makes the following findings based on information in the record:

1.

That the strict application of any such standard would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this section;

2.

That there are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property being re-subdivided; and

3.

That the granting of the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

In approving an application for a Tentative Map and/or Tentative Parcel Map, the Review Authority may impose any conditions necessary to make the findings required in Section 15-3309, Required Findings, and to meet the requirements of this Ordinance. Along with the approval of a Tentative Parcel Map or 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.

Authority and Limitations. The Review Authority may modify or delete any recommended conditions of approval, except conditions required by City ordinance or by the City Engineer related to public health and safety or to standards approved by the City Engineer.

B.

Indemnification of the City. Whether or not such a condition is explicitly listed as a condition of approval, every approved Tentative Map and Tentative Parcel Map shall be deemed to include a condition requiring the subdivider to defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attach, set

aside, void, or annul an approval of the Director, Commission, or Council concerning a subdivision per the Map Act (Section 66499.37).

C.

Mandatory Conditions. The Review Authority shall adopt conditions of approval that:

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 impacts to the extent feasible as identified through the environmental review process, except where a statement of overriding consideration has been adopted in compliance with CEQA;

3.

Carry out the specific requirements of Article 38, Improvements and Security.

4.

Secure compliance with the requirements of this Development Code, the General Plan and any applicable operative plans;

5.

Require public access through the subdivision to public waterways, rivers, streams, shorelines, lakes, and reservoirs, and the dedication of public easements along the banks of rivers and streams, in compliance with the Map Act (Section 66478.1); and

6.

Require the waiver of direct access rights to any existing or proposed streets in compliance with the provisions of the Development Code, General Plan, operative plan, and/or as required by the Director pursuant to the Map Act (Section 66476).

7.

Ensure long-term maintenance of adequate clean water resources.

D.

Optional Conditions. The Review Authority may also include as conditions of approval:

Any fees or charges related to the transportation impacts;

2.

Dedications of land required to satisfy all or part of the required fee or for transportation improvements such as bicycle paths and transit facilities;

3.

The reservation or dedication of sites for public facilities, including fire stations, parks, libraries, and other public uses in compliance with the Map Act (Chapter 4, Article 3; commencing with Section 66475);

4.

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

5.

Any other conditions deemed necessary by the Review Authority to:

a.

Promote orderly growth;

b.

Achieve compatibility between the proposed subdivision, its immediate surroundings, and the community;

c.

Achieve consistency with City planning policies, design guidelines, ordinances or State law;

d.

Ensure that the open space meets the needs of future residents and that it is properly located and accessible;

e.

Ensure safe routes to schools, trails, connectivity to surrounding streets, bus stops, etc.; or

f.

Require the formation of a maintenance entity to maintain those improvements included in Government Code Section 22500, also known as the Landscaping and Lighting Act of 1972.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

If no action is taken by the Director, Commission, or Council within the specified time limits, the map shall be deemed to be approved by the Commission if it complies with other applicable provisions of the Map

Act, this Subdivision Ordinance, other City ordinances and the General Plan pursuant to the Map Act (Section 66452.4). The appeal period to the Council shall begin on the date of such certification.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The Planning Division shall notify the applicant in writing of the Review Authority's decision. If the Tentative Map is denied, the Director shall notify the subdivider of the denial together with a statement of the reasons for such denial. If appealed, the Director shall notify the applicant of the appeal hearing.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3314. - APPEALS.

A.

Decision Final Unless Appealed. The decision of the Review Authority shall be considered final unless an appeal is filed.

B.

Time of Appeals. Appeals shall be filed within 10 days after the action of the Review Authority (Map Act Section 66452.5).

C.

Right to Appeal. Any interested person may file an appeal of the Review Authority's action per the Map Act (Sections 66473.5, 66474, 66474.1 and 66474.6) to the Council.

D.

Form of Appeal. The written appeal form shall include the appellant's interest in or relationship to the subject property, the action or decision appealed, and specific reasons why the appellant believes the action or decision appealed from should not be upheld.

E.

Hearing Date. Shall be held within 45 days after the notice of filing the appeal, or as amended per the Map Act (Section 66452.5).

F.

Notice of Hearing. Notice shall be given per Section 15-5007, Public Notice, for appeal hearings for either Tentative Maps or Tentative Parcel Maps.

G.

Withdrawal of Appeal. Refer to Section 15-5017, Appeals.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2024-002, § 1, eff. 2-18-24).

The approval of a Tentative Map or Tentative Parcel Map shall become effective for the purposes of filing a Parcel or Final Map, including compliance with conditions of approval, on the 11th day following the date the public/final decision is rendered by the applicable Review Authority, provided that an appeal of the Review Authority's decision has not been filed in compliance with Section 15-5017, Appeals.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3316. - TIME LIMITS AND EXPIRATION OF APPROVED MAPS.

A.

Time Limits. An approved Tentative Map or Tentative Parcel Map is valid for 24 months after its effective date, except as otherwise provided by the Map Act (Sections 66452.6, 66452.11, 66452.13, 66452.21, 66452.22, 66452.23, 66452.24 and/or 66463.5).

B.

Expiration. At the end of the time period per Subsection A of this section, the approval shall expire and become void unless:

1.

A signed Parcel or Final Map has been timely filed with the City. The City may process, approve, and record the map if it is prepared in accordance with the approved tentative map, subject to the limitations and requirement of the Map Act.

2.

An extension of time has been granted in compliance with this section.

C.

Extensions of Time.

1.

When a subdivider has not completed all Tentative Map or Tentative Parcel Map conditions of approval and filed a Parcel or Final Map with the City within the time limits established by Subsection A of this section, an extension of the expiration date may be granted in compliance with this section.

2.

The subdivider may request an extension of the map by filing a written application with the Director at least 60 days, but no more than six months prior, to the expiration of the approval per the Map Act (Sections 66452.6, 66452.11, 66452.13, 66452.21, 66452.22, 66452.23, 66452.24, and/or 66463.5).The granting of extension to the initial time limit may occur only after the Review Authority finds that:

a.

There have been no changes to the provisions of the General Plan or any operative plan, or development plan that would cause the map to no longer be in conformity with the General Plan, operative plan, or development plan;

b.

There have been no changes to the provisions of this Development Code that would cause the map to no longer be in conformity with this Development Code;

c.

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

d.

There have been no changes to the capacities of community resources, including roads, schools, sewage treatment or disposal facilities, or water supply, so that there is no longer sufficient remaining capacity to serve the project.

D.

Amendments to Conditions for Map Extensions. The City may impose conditions on map extensions in accordance with Article 43, Corrections and Amendments of Maps.

E.

Amendments to Approved Tentative Maps. The City may amend an approved Tentative Map in accordance with Article 43, Corrections and Amendments of Maps. However, under no circumstances shall an amendment be approved for an expired map.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The expiration of an approved or conditionally approved Tentative Parcel Map or Tentative Map shall terminate all proceedings.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

After approval of a Tentative Map or Tentative Parcel Map and the filing of a Final or Parcel Map in compliance with this article, the developer shall proceed to fulfill the conditions of approval within the time limits specified by the conditions and the expiration of the map. Where applicable, the developer shall prepare, file, and receive approval of improvement plans in compliance with Article 38, Improvements and Security before constructing any required improvements.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Final Maps and Parcel Maps shall be prepared, filed, processed, and recorded in compliance with Article 35, Parcel Maps, and Article 36, Final Maps, to complete the subdivision, unless a Parcel Map has been waived in compliance with Section 15-3503, Waiver of a Parcel Map.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3320. - APPROVED MAP TO RUN WITH THE LAND.

A Tentative Map or Tentative Parcel Map that is valid and in effect, and was granted in compliance with the provisions of this Development Code, shall run with the land and continue to be valid if there is any change in ownership of the land.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A subdivider may file as many maps as desired for the same property. The most recent map approval shall supersede previous map approvals. Previous map approvals shall become null and void if superseded.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

ARTICLE 34 - VESTING TENTATIVE MAPS

Sec. 15-3401. - VESTING TENTATIVE MAPS.

A.

General Provisions.

1.

Whenever this Development Code requires that a Tentative Map or Tentative Parcel Map be filed, a Vesting Tentative Map or Vesting Tentative Parcel Map may instead be filed, provided that the Vesting Tentative Map or Vesting Tentative Parcel Map is prepared, filed, and processed in compliance with this article and the Map Act (Chapter 4.5; commencing with Section 66498.1).

2.

A Vesting Tentative Map or Vesting Tentative Parcel Map may be filed for residential, commercial, or industrial developments.

3.

If a subdivider does not seek the rights conferred by a Vesting Tentative Map, the filing of a Vesting Tentative Map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

B.

Filing and Processing. A Vesting Tentative Map or Vesting Tentative Parcel 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 identified in this chapter as a Tentative Map, except as hereinafter provided:

1.

Application Content. The Vesting Tentative Map or Vesting Tentative Parcel Map shall include the following information in addition to that required by Section 15-3302, Form and Contents.

2.

Title. At the time a Vesting Tentative Map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map" while a Parcel Map shall have "Vesting Tentative Parcel Map" per the Map Act (Section 66452).

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The Review Authority shall determine 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 or Tentative Parcel Map approval by Section 15-3309, Required Findings.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3403. - EXPIRATION OF VESTING TENTATIVE MAP.

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 or Vesting Tentative Parcel Map in compliance with Section 15-3316, Time Limits and Expiration of Approved Maps. If the Parcel or Final Map is approved and recorded, the development rights shall be vested for:

A.

An initial time period of 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.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The developer may apply for an application to amend the Vesting Tentative Map or Vesting Tentative Parcel Map or conditions of approval at any time before the expiration of the Vesting Tentative Map or Vesting Tentative Parcel Map. An amendment request shall be considered and processed through the same procedures as a new application, in compliance with Article 43, Corrections and Amendments of Maps and in compliance with the Map Act (Section 66498.2).

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-3405. - DEVELOPMENT RIGHTS OF VESTED MAPS.

A.

The approval of a Vesting Tentative Map or Vesting Tentative Parcel Map shall confer a vested right to proceed with development of the subdivided parcels in substantial compliance with the ordinances, policies, and standards as identified in the Map Act (Section 66498.1).

B.

Fees charged for building or land use permits, filed after the approval of a Vesting Tentative Map or Vesting Tentative Parcel Map shall be as required at the time the subsequent permit applications are filed. Building or land use permit application contents shall comply with City requirements in effect at the time the subsequent application is filed.

(Added Ord. 2015-39, § 1, eff. 1-9-16).