§ 16.02

This chapter shall govern the filing requirements for the submittal of tentative maps, including maps for financing and/or conveyance purposes. The type of tentative map required for a subdivision shall be as specified below:

A.

Tentative Tract Maps. A tentative tract map shall be required for all subdivisions creating five or more parcels, five or more condominiums, 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 Map Act.

B.

Tentative Parcel Maps. A tentative parcel map shall be required for all other subdivisions as follows:

1.

A subdivision creating four or fewer parcels;

2.

A subdivision containing less than five acres before the subdivision where 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;

3.

A subdivision where each parcel has a gross area of twenty acres or more and has an approved access to a maintained public street or highway;

4.

A subdivision consisting 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;

5.

A subdivision with parcels of a gross area of not less than forty acres or not less than a quarter of a quarter section;

6.

A subdivision for creation of an environmental subdivision pursuant to Government Code Section 66418.2, as amended.

C.

The following subdivisions are not subject to a tentative map:

1.

Public Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-ofway, unless the community development director determines based on substantial evidence that public policy necessitates a tentative parcel map in an individual case;

2.

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

3.

Waived parcel map. A subdivision that has been granted a waiver of parcel map requirements in compliance with Section 16.02.130 (Waiver of parcel map requirements).

(Ord. No. 698, § 4, 10-14-15)

16.02.020 - Application form, contents, supplementary information.

A.

Tentative maps shall be prepared by a civil engineer registered in the state of California. Tentative maps shall be in map form of a size, scale and format as specified by the community development director and

shall be accompanied by other reports, exhibits, information and materials as required by the community development director including but not limited to the following:

1.

Tract number obtained from the county surveyor;

2.

Name and address of the owner whose property is proposed to be subdivided and the name and address of the applicant;

3.

Signed and notarized affidavit of the property owner whose property is proposed to be subdivided;

4.

Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the map;

5.

North point;

6.

Scale;

7.

Date of preparation;

8.

Boundary lines;

9.

The location, width and proposed names of all streets within the boundaries of proposed subdivision and their approximate grades;

10.

Location and width of alleys;

11.

Name, location and width of adjacent streets;

Lot lines and approximate dimensions and numbers of each lot;

13.

Approximate location and width of watercourses or areas subject to inundation from floods, or location of structures, irrigation ditches and other permanent physical features;

14.

Approximate contours;

15.

Approximate location of buildings and permanent structures;

16.

Location of trees within proposed rights-of-way to be dedicated;

17.

Description of the exterior boundaries of the subdivision (or legal description of the property comprising the subdivision);

18.

Width and location of all existing or proposed public or private easements;

19.

Classification of lots as to intended residential, commercial, industrial or other uses;

Railroads;

21.

Location of monuments, street furniture, mail boxes, utility boxes and any other structures and/or impediments which may be located within the boundaries of the tentative map.

Approximate radii of curves;

23.

Source of water supply;

24.

Type of street improvement and utilities which the applicant proposes to install;

Proposed method of sewage disposal;

26.

Proposed storm water sewer or other means of drainage (grade and size);

27.

Protective covenants to be recorded; and

28.

Proposed tree planting.

B.

It is the intent of the city to conserve, protect and encourage the development, improvement, and continued viability of its mining land and industries for the long-term production of construction materials and other rock products, and to balance the rights of mining corporations to produce construction materials and other rock products with the rights of non-mining persons/corporations who own, occupy or use land in close proximity to mining operations. Whenever a division of land is proposed in an area that lies partly or wholly within six hundred feet of a surface mining operation permitted pursuant to the zoning code, an environmental constraints sheet shall be created for each land division subject to this title and the following notice placed thereon:

persons/corporations who own, occupy or use land in close proximity to mining operations. Whenever a division of land is proposed in an area that lies partly or wholly within six hundred feet of a surface mining operation permitted pursuant to the zoning code, an environmental constraints sheet shall be created for each land division subject to this title and the following notice placed thereon:

"Lot No. (s). _______, as shown on this map is (are) located partly or wholly with 600 feet of a surface mining operation permitted pursuant to the Municipal Code. This (these) lot(s) may be subject to vibration, noise, fumes, dust, odors and other disturbances from surface mining activities which include, but are not limited to, blasting, extraction, crushing, processing, grading, stockpiling and storage or transportation of mineral resources."

(Ord. No. 698, § 4, 10-14-15)

A.

Tentative map applications shall comply with the provisions of all applicable general plan and zoning code regulations, this title, and any other ordinance, statute, or law pertaining to the use, sale, leasing, or subdivision of land.

B.

Tentative map applications shall be filed with the community development department, and shall be processed in accordance with the provisions of this chapter. The filing of a tentative map application shall not be deemed complete until each of the following has been submitted and/or completed and verified by the community development director or designee:

The appropriate number of maps, accompanying submittal requirements as determined by the community development director, and the appropriate filing fee are provided; and

2.

An initial environmental assessment has been completed in accordance with the requirements of CEQA and the appropriate CEQA review process has been determined for the project.

C.

For any tentative map that proposes a subdivision of five hunfed or more dwelling units, one of the following conditions must be met prior to the city's approval of the map:

1.

That there will be verification of a "sufficient water supply" as that term is defined in Section 66473.7 of the Government Code, as amended.

2.

That the subdivision is exempted from the sufficient water supply verification requirement by virtue of a finding under subsection (i) of Government Code Section 66473.7, as amended.

(Ord. No. 698, § 4, 10-14-15)

16.02.040 - Review and decision.

A.

The commission review of a tentative map application shall include the conduct of at least one public hearing on each tentative map filed.

B.

Following a public hearing by the commission on a tentative map, the commission may approve the application after first making all of the findings as set forth in Section 16.02.050 (Findings).

(Ord. No. 698, § 4, 10-14-15)

In order for the commission, or the city council on appeal, to approve or conditionally approve a tentative map it shall make all of the following findings:

A.

The proposed map is consistent with the general plan, applicable specific plans, and the zoning code;

B.

The design or improvement of the proposed subdivision is consistent with the general plan, applicable specific plans, and the zoning code;

C.

The site is physically suitable for the type of development proposed;

D.

The site is physically suitable for the proposed density or intensity of development;

E.

The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat;

F.

The design of the subdivision or type of improvements will not pose a threat to the public health, safety, and welfare;

G.

The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision;

H.

Any discharge of waste from the proposed subdivision into an existing sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board;

I.

The requirements of CEQA have been satisfied; and

J.

For subdivisions of five hundred or more residential dwelling units, "sufficient water supply," as that term is defined in the Subdivision Map Act, will be available to serve the proposed subdivision.

(Ord. No. 698, § 4, 10-14-15)

A.

Report and Recommendation. A staff report and recommendation for tentative map application shall be submitted in writing by the community development director to the commission, and a copy of such reports and recommendations shall also be served on the applicant and on each tenant of the subject property. The public hearing for a tentative map shall be duly noticed in conformance with the provisions set forth in Section 16.01.110 (Notices), except in the case of a proposed conversion of residential real property to a

condominium project, community apartment project, or stock cooperative project, the public hearing shall be noticed at least three working days prior to the public hearing on the tentative map.

(Ord. No. 698, § 4, 10-14-15)

A.

Action of the Commission. The commission shall 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.

B.

Approval of Application not in Compliance with Zoning. The commission 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.

C.

Notice of Commission Action. The final decision of the commission shall be reported, in writing, directly to the applicant. This notice shall be mailed to the applicant at his or her designated address and bearing the proper postage. The notice shall clearly set forth the decision of the commission, the basis for that decision, and any conditions imposed on the application.

(Ord. No. 698, § 4, 10-14-15)

An appeal of the decision of the commission on a tentative map may be initiated by any interested party within ten calendar days following the decision of the commission. All appeals shall be filed and processed pursuant to the procedures established in the zoning code.

(Ord. No. 698, § 4, 10-14-15)

Approval of a tentative map shall include conditions of approval in compliance with this section, provided that all conditions shall be consistent with the requirements of the Subdivision Map Act.

A.

Mandatory Conditions. The commission shall adopt conditions of approval that will:

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 identified through the CEQA process, except where a statement of overriding consideration has been adopted in compliance with CEQA;

3.

Carry out the specific requirements of Chapter 16.11 (Improvement Plans), Chapter 16.12 (Standards for Improvement);

4.

Assure the project complies with the requirements of the zoning code and the general plan;

5.

Require that any designated remainder parcels not be subsequently sold or further subdivided unless a certificate of compliance or conditional certificate of compliance is obtained in compliance with this title; and

6.

Require the dedication of additional land for bicycle paths, local transit facilities, (including bus turnouts, benches, shelters, etc.), solar access easements, and school sites, in compliance with the general plan.

B.

Optional Conditions. The commission may also require as conditions of approval:

1.

The waiver of direct access rights to any existing or proposed streets;

2.

The reservation of sites for public facilities, including schools, and fire stations, libraries, and other public uses;

3.

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

4.

Any other conditions deemed necessary by the commission to achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or to achieve consistency with this title, other city ordinances, and state law.

(Ord. No. 698, § 4, 10-14-15)

The approval of a tentative map shall become effective for the purposes of filing a final map, including compliance with conditions of approval, immediately after the adoption of the resolution of approval.

(Ord. No. 698, § 4, 10-14-15)

16.02.110 - Expiration of tentative map approval; time limits for recording final map.

A.

The approval or conditional approval of a tentative map shall expire twenty-four months after the date the map was approved or conditionally approved or such other period as may be established by Government Code, Section 66452.6, as amended. Prior to the expiration of said 24-month period, or any extension granted pursuant to subseciton B of this section, the applicant shall cause the subdivision, or any part thereof, to be surveyed, and a final map to be filed for approval by the City in accordance with the tentative map as approved.

B.

Upon written application of the applicant, extension(s) not exceeding an aggregate total time limit of three years may be approved, conditionally approved or disapproved at the sole discretion of the commission, or city council on appeal, up to the maximum period established by Government Code Section 66452.6, as amended. Such application for an extension of time shall be filed prior to the expiration date as previously approved by the commission, or city council on appeal. As a condition to granting an extension of time, the commission, or city council on appeal, may require compliance with any additional requirements deemed necessary to ensure compliance with this title.

C.

If the applicant fails to file the final map for approval by the city within the time periods set forth in this section the tentative map shall expire immediately.

(Ord. No. 698, § 4, 10-14-15)

An applicant may request changes to an approved tentative map or its conditions of approval before recordation of a final map in compliance with this section.

A.

Limitation on Allowed Changes. Changes to a tentative map that may be approved administratively by the community development director include adjustments to the location of proposed lot lines and

improvements and reductions in the number of approved lots (but no increase in the number of approved lots), or modifications consistent with the findings required in Section 16.02.050 (Findings). Other changes shall require the filing and processing of a new tentative map.

B.

Application for Changes. The applicant shall file an application and filing fee with the community development director, using the forms furnished by the community development director, together with the following additional information:

1.

A statement identifying the tentative map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and

2.

Any additional information deemed appropriate by the community development director.

C.

Processing. Proposed changes to a tentative map or conditions of approval shall be processed in the same manner as the original tentative map, except as otherwise provided by this section.

D.

Findings for Approval. The commission shall not modify the approved tentative map or conditions of approval unless it shall first find that all of the applicable findings for approval required by Section 16.02.050 (Findings) can still be made and that the change is necessary because of one or more of the following circumstances:

1.

There was a material mistake of fact in the deliberations leading to the original approval;

2.

There has been a change of circumstances related to the original approval; and

3.

A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this title.

E.

Effect of Changes on Time Limits. Approved changes to a tentative map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits provided by Section 16.02.110 (Expiration of tentative map approval; time limits for recording a final map).

(Ord. No. 698, § 4, 10-14-15)

A.

The requirement for filing a tentative parcel map and recording a final parcel map may be waived provided that the city engineer finds all of the following:

1.

The division of land is consistent with the general plan;

2.

The division of land meets the zoning code requirements for the zoning district in which it is located;

3.

The division of land meets the requirements for a subdivision consistent with the requirements of this title;

4.

The division of land is adequately served by public facilities and utilities including but not limited to, storm drainage, improved public roads, sanitary disposal facilities, water supply for domestic and fire use;

5.

There are no environmental constraints affecting the parcel and there are no environmental mitigations required for implementation of the subdivision; and

6.

The city engineer determines that the filing of a tentative parcel map or tentative tract map is not otherwise required by this title.

B.

Application for a parcel map waiver shall be made on forms provided by the community development director and shall include such items as may reasonably be required to make the necessary findings. A filing fee shall be paid as established by the city fee schedule.

C.

The city engineer may condition a parcel map waiver to provide for, among other things, payment of fees as required for subdivisions by this title.

D.

Upon approval of a parcel map waiver, the applicant shall file a record of survey, certificate of compliance, lot line adjustment, or lot merger as applicable, approved by the city in writing, specifying the names of the

record owners of the fee interest and particularly describing the real property with a site map for recordation with the county recorder.

(Ord. No. 698, § 4, 10-14-15)

Chapter 16.03 - VESTING TENTATIVE MAPS