Chapter 3 — TENTATIVE MAPS: FILING REQUIREMENTS

This chapter shall govern the filing requirements for the submittal of tentative parcel maps and tentative tract maps, including maps for financing and/or conveyance purposes, which shall generally be referred to as "tentative maps." A tentative and final tract map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Civil Code § 783 or any successor statute thereto, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, unless otherwise excepted by the Subdivision Manual or the Subdivision Map Act (Government Code § 66410 et seq.). A tentative and final map shall also be required whenever a parcel map is required by this division or the Subdivision Map Act (Government Code § 66410 et seq.), unless the requirement is waived by the City pursuant to Section 5-5-304 of this chapter.

(Ord. No. 09-03, § 5, 4-28-09)

Any property owner who proposes to subdivide property may file a tentative map. The requirements for tentative parcel map or tentative tract map shall be as prescribed in the Subdivision Map Act (Government Code § 66410 et seq.). Any person who proposes to subdivide property that is owned by another person may file a tentative map for such property with the written consent of the owner.

(Ord. No. 09-03, § 5, 4-28-09)

Tentative maps shall conform with such requirements as to form, content and submittal of supplementary material as are specified in the Subdivision Manual. In addition to those requirements specified in the Subdivision Manual:

A.

The Director of Community Development or designee may require additional information to accompany the submittal of a tentative map. The Director shall have the authority to include among such requirements submission of a current title report (prepared within three weeks of submittal of the tentative map);

geologic, seismic and hydrology reports; aerial photographs and transparent overlays; grading, site development and landscaping plans; fire protection and fuel modification reports; sewer, water, storm drain and street improvement plans; and any other information reasonably relevant to the proposed subdivision.

B.

The Director of Community Development or designee may require differing amounts of supplementary information, depending upon the type of map involved, the scope of the proposed subdivision, and the anticipated environmental impacts of the subdivision.

C.

The Director of Community Development or designee may require the submission of additional information after the filing of tentative maps as necessary.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-304. - Waiver of parcel map requirements.

The requirement for filing and recording a parcel map may be waived, provided that the Subdivision Committee finds the proposed division of land meets all requirements of the Subdivision Map Act (Government Code § 66410 et seq.) and this division as to:

Area;

Improvement and design;

3)

Floodwater drainage control;

4)

Appropriate improved public roads;

5)

Sanitary disposal facilities;

Water supply availability;

Environmental protection;

8)

All other requirements of the Subdivision Map Act (Government Code § 66410 et seq.) and any applicable provisions of this division; and

9)

The City Engineer determines that a parcel map is not otherwise required by the Subdivision Map Act (Government Code § 66410 et seq.).

(Ord. No. 09-03, § 5, 4-28-09)

CHAPTER 4. - TENTATIVE MAPS: PROCESSING PROCEDURES

Sec. 5-5-401. - Requirements.

Tentative maps shall comply with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.), all applicable zoning regulations, this division, the Subdivision Manual and any other ordinance, statute or law pertaining to the use, sale, leasing or subdivision of land.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-402. - Filing; acceptance thereof.

Tentative maps shall be filed with the Director of Community Development, and shall be processed in accordance with the Subdivision Map Act (Government Code § 66410 et seq.) and the provisions of this division and the Subdivision Manual. The filing of a tentative map shall not be deemed complete until each of the following has been submitted and/or completed and verified by the Director of Community Development or designee:

A.

The appropriate number of maps, accompanying submittal requirements, and the appropriate filing fee or deposit are provided; and

B.

An initial environmental assessment has been completed in accordance with the requirements of the California Environmental Quality Act ("CEQA") (Public Resources Code § 21000 et seq.) and the appropriate CEQA review process has been determined for the project; and

C.

For any tentative map that proposes a "subdivision," as that term is defined in Government Code § 66473.7 or any successor statute, one of the following conditions must be met prior to the City's approval of the map:

That there will be verification of a "Sufficient Water Supply" as that term is defined in Government Code § 66473.7.

2)

That the subdivision is exempted from the Sufficient Water Supply Verification requirement by virtue of a finding under Government Code § 66473.7(i) or any successor statute thereto.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-403. - Advisory agency actions.

A.

Public meetings and hearings. An advisory agency charged with reviewing and making recommendations on a tentative map shall hold at least one public meeting on each tentative map filed, and as may additional meetings as may be necessary. The advisory agency charged with making the final decision on a tentative map application shall hold at least one public hearing on each tentative map filed, and as many additional hearings as may be necessary. The public meeting or public hearing shall be duly noticed in conformance with the provisions set forth in Section 5-5-109 of this division.

B.

Reports to the advisory agency.

1.

Tentative parcel maps. Any reports or recommendations on tentative parcel maps that are submitted to the Subdivision Committee shall be in writing and a copy of such reports and recommendations shall also be served on the subdivider and on each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three working days prior to the public hearing.

2.

Tentative tract maps.

a.

Responsibility of Subdivision Committee. The Subdivision Committee shall hold at least one meeting on each tentative tract map filed, and as many additional meetings as may be necessary, with the subdivider or his or her agent. Such meetings shall be held for the purpose of reviewing technical and factual information on the proposed subdivision, forming recommendations, and forwarding a report in conjunction with the Department of Community Development for submission to the Planning Commission.

b.

Contents of report. The report forwarded by the Subdivision Committee shall clearly set forth the recommendation(s) of the Subdivision Committee and shall contain such factual and technical information as the Committee may deem to be of interest or assistance to the Planning Commission or to any other

interested person, officer, department, municipality, district or agency in reviewing the tentative tract map. Any reports or recommendations on the tentative tract map that are submitted to the Planning Commission shall be in writing and a copy shall also be served on the subdivider and on each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three working days prior to the public hearing.

3.

Determination of compliance. The report for tentative parcel maps and tentative tract maps to the advisory agency shall determine and verify whether the findings required by Section 5-5-109.1 of this division can be made in an affirmative manner. In addition, the report should address the following, as appropriate:

a.

Whether the tentative map complies with all applicable requirements of the zoning regulations, or with pending zoning requirements that have been adopted by the City Council but have not yet become effective, and with any applicable general and specific plans.

b.

Whether if the preliminary soils report identifies the existence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, the advisory agency may approve the subdivision or a portion thereof if it is documented that recommended corrective action is likely to prevent structural damage to each structure to be constructed. A condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

c.

Whether the requirements imposed upon the subdivision would not render unfeasible the development of housing for all segments of the economic community and that the effect of any actions on the map considers the housing needs of the region and is balanced against the public service needs of its residents and available fiscal and environmental resources.

d.

Whether the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

e.

Whether the tentative map complies with all the City's local park requirements pursuant to Section 5-51004 of this division and the Park/Public Facility Standards Manual, as it exists at the time the application for the tentative map is deemed complete.

f.

Whether, except where modifications are requested for exceptions pursuant to Section 5-5-107 of this division, the tentative map complies with all of the requirements of this division.

C.

Advisory agency action. The action of the advisory agency designated as the final approval authority shall be to approve, conditionally approve or disapprove the tentative map as filed. Such action shall be final upon the expiration of the appeal period unless appealed to the City Council. The final action of the advisory agency may include conditional approval of a tentative map not in compliance with existing zoning regulations provided that said map complies with zoning regulations adopted by ordinance by the City Council but not yet effective. Such action shall include a condition that a final map or parcel map of the subject parcel of land shall not be recorded until the appropriate zoning regulations have become effective.

D.

Notice of advisory agency action. The final decision of the advisory agency to approve, conditionally approve, or disapprove the tentative map shall be reported, in writing, directly to the subdivider. This notice shall be mailed to the subdivider at his or her designated address and bearing the proper postage. The notice shall clearly set forth the decision of the advisory agency, the basis for that decision, and any conditions imposed on the application.

E.

Time limits for action. Time limits specified in the Subdivision Map Act (Government Code § 66410 et seq.) may be extended by mutual consent of the subdivider and the advisory agency.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-403.1. - Consistency requirement.

A.

Consistency required. A tentative map shall be consistent with the general plan, any applicable specific plan, the Zoning Ordinance and any other applicable provision of the Municipal Code in effect at the time the map is approved or conditionally approved.

B.

Effect of inconsistent application. Whenever a subdivider files a tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance, the advisory agency shall not approve the map until the subdivider obtains the necessary change in the Zoning Ordinance to eliminate the inconsistency.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-404. - Withdrawal of tentative map.

Any subdivider or owner of property upon which a tentative map has been filed may withdraw such map at any time prior to final action thereon. Notice of withdrawal shall be made to the Director of Community Development in writing. Upon receipt of such notice, the Director of Community Development shall notify each person, officer, department, municipality, district or agency from which a report was requested when the tentative map was filed. Upon the completion of such notification, the tentative map shall have been

officially withdrawn. Any charges accrued for case processing shall be determined and the appropriate refund or balance paid.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-405. - Expiration of tentative map approval; time limits for recording final map.

A.

The approval or conditional approval of a tentative map shall expire 36 months after the date the map was approved or conditionally approved or such other period as may be set by Government Code § 66452.6 or any successor statute thereto. Prior to the expiration of said 36-month period, or any extension granted pursuant to Paragraph B of this section, the subdivider shall cause the subdivision, or any part thereof, to be surveyed, and a final map to be prepared in accordance with the tentative map as approved, and filed in accordance with Government Code § 66452.6(d) or any successor statute.

B.

Upon written application of the subdivider, extension(s) not exceeding an aggregate total of three additional years may be approved, conditionally approved or disapproved at the sole discretion of the appropriate advisory agency or on appeal by the City Council, up to the maximum period established by Government Code § 66452.6 or any successor statute thereto. Such application for an extension of time shall be filed prior to the expiration date as previously approved by the advisory agency or City Council. As a condition to granting an extension of time, the advisory agency may require compliance with any additional requirements deemed necessary to carry out the spirit and intent of this division.

C.

Effect of map modifications on extensions. The modification of a tentative map after approval or conditional approval, as provided in Chapter 9 of this division, shall not extend the time limit for recording the final map set forth in Subsection A of this section.

D.

Failure to file final map. Failure to file the final map within the time periods set forth in this section shall automatically terminate and void the tentative map.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-406. - Requirements for multiple tentative maps.

Multiple tentative maps relating to the same parcel or parcels of land, or a subset of said parcel or parcels of land, may be approved or conditionally approved where such tentative maps consist of a master

tentative map (A map) and subsequent development or tract level tentative maps (B maps). No subsequent tentative map (B map) shall be approved unless a tentative map for the underlying master tentative map (A map) has been approved for the property covered by the B map. Further, no final map for the subsequent tentative map (B map) shall be recorded unless a final map for the underlying master tentative map (A map) has been recorded for the property covered by the B map.

(Ord. No. 09-03, § 5, 4-28-09)