§ 16.08

The tentative map shall be prepared in a manner acceptable to the director. The tentative map shall be clearly and legibly drawn as set forth in the document titled "Tentative Map Procedures," located within the application package for the tentative map. The application shall be accepted for filing by the department only when the application conforms to the requirements set forth in the Tentative Map Procedures.

(Ord. 661 § 1 (200.020), 1994)

The applicant will be notified within the time limits specified in Section 65943 of the California Government Code, whether the application is considered complete or if any additional information is required.

(Ord. 661 § 1 (200.030), 1994)

A.

After the application is accepted as complete, at least one copy of the map shall be forwarded to members of the development review committee, all utilities, school districts, fire, police, and other agencies which have jurisdiction over the proposed subdivision, and all other interested agencies.

B.

Notified parties shall have fifteen (15) calendar days after the receipt of the tentative map to comment or to make recommendations with respect to the subdivision, or as otherwise provided by law.

(Ord. 661 § 1 (200.040), 1994)

A.

After the tentative map application is accepted as complete, the director shall schedule the tentative map for consideration by the development review committee. Written notice of the meeting shall be given to the subdivider, and to each interested agency and utility.

B.

Staff shall review the tentative map to determine if the map conforms with all applicable provisions as set forth in the Subdivision Map Act, the city's general plan, this title, Title 17, design standards, and any other ordinances, standards or policies, as they pertain to the subdivision, and other identifiable impacts or concerns raised by the proposed development.

C.

The development review committee meeting shall be held for the purpose of informing the applicant whether the subdivision complies with the requirements of the city and other concerned agencies. If deemed necessary staff may request additional technical and factual reports concerning various aspects of the project (preliminary sewer, drainage concepts, etc.) from the subdivider or his agent. If the analysis by staff indicates that design deficiencies exist in the project, then staff may request that the applicant submit an appropriate number of revised maps to the department of community development for further review prior to scheduling for the planning commission agenda. The subdivider or his agent shall also have the opportunity to present information concerning the subdivision at the development review committee meeting. The conditions imposed by the development review committee shall be valid for six months from the date of the development review committee meeting.

D.

If no meeting is held, the director shall nevertheless prepare a written report of the development review committee's recommendations to the planning commission as described under Article II of this chapter.

(Ord. 661 § 1 (200.050), 1994)

Article II. - Planning Commission Review and Determination

The director shall set a date and time for a public hearing on the tentative map before the planning commission. Notice of the hearing shall be given in accordance with Section 16.04.130, Public hearing notice procedures.

(Ord. 661 § 1 (210.010), 1994)

The applicant of a proposed project scheduled for public hearing is required to post a sign with public hearing information in accordance with the procedures established for project sign posting.

(Ord. 661 § 1 (210.020), 1994)

Any staff report or recommendation on a tentative map to the planning commission or the city council shall be in writing and a copy shall be provided to the subdivider at least three days prior to any hearing or action on such map by the planning commission or the city council. In the case of a proposed conversion or residential real property to a condominium project, community apartment project, or stock cooperative project, each tenant of the subject property must also receive a copy of the staff report pursuant to Section 66452.3 of the Subdivision Map Act.

(Ord. 692 § 1, 1995: Ord. 661 § 1 (210.030), 1994)

The planning commission shall either approve, approve with conditions, continue the public hearing to a specific time, date and place, or deny the tentative map. The planning commission may accept, modify or delete any of the conditions of approval recommended in the staff report based on the findings in Section 16.08.170. The planning commission may also add additional requirements as conditions of approval.

(Ord. 661 § 1 (210.040), 1994)

In the case of a tentative map subject to a development agreement the planning commission decision shall be advisory. The recommendation of the planning commission will be forwarded to the city council.

(Ord. 661 § 1 (210.050), 1994)

The planning commission shall approve or approve with conditions any tentative map only if it makes all of the following findings in writing based upon substantial evidence in the record:

A.

The proposed subdivision is consistent with the general plan, any applicable specific plan, and is compatible with the general plan land uses, goals, objectives, policies and specific actions specified in such plan.

B.

The design and improvement of the proposed subdivision is consistent with the general plan, any applicable specific plan, Title 17, and this title.

C.

The site is physically suitable for the type and density of the development proposed.

D.

The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

E.

The design of the subdivision or the type of improvements will not cause serious public health problems.

F.

The design or the types of improvements of the subdivision will not conflict with easements acquired by the public at large, for access through, or use of, property within the subdivision. The city may approve the map if alternate easements will be provided in accordance with Section 66474(g) of the Subdivision Map Act.

G.

The city's action will not have an adverse effect on the housing needs of the region and the city has balanced these needs against the public service needs of its residents and available fiscal and environmental resources, in accordance with Section 66412.3 of the Subdivision Map Act.

H.

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

(Ord. 661 § 1 (210.060), 1994)

The decision of the planning commission regarding a tentative map may be appealed as provided in Section 16.04.070.

(Ord. 661 § 1 (210.070), 1994)

Upon receipt of a planning commission recommendation regarding a tentative map filed concurrently with a development agreement, or on an appeal of a tentative map, a public hearing will be scheduled before city council.

A.

The same legal notifications provided for planning commission consideration are also required for the city council hearing. At its meeting, the city council will take into consideration the public testimony, staff report, and environmental information as well as the recommendation of the planning commission.

B.

Following the receipt of public testimony, the city council may:

1.

Refer the matter back to the planning commission for further evaluation or considerations of alternatives; or

2.

Continue the public hearing to a specific time, date and place; or

3.

Render its decision.

(Ord. 661 § 1 (210.080), 1994)

Article III. - Expiration of Tentative Map Approval and Extensions

An approved or conditionally approved tentative map shall expire twenty-four (24) months from the date of planning commission or city council approval, except as follows:

A.

The applicant may file a request for an extension of time prior to the expiration of a tentative parcel or tract map. Upon such filing, the tentative map shall be automatically extended for a period of sixty (60) days or until the extension request is acted upon, whichever occurs first, in accordance with Section 66452.6(e) of the Subdivision Map Act.

B.

Tentative parcel and tract maps may be extended under the provisions of this section for an aggregate time period not to exceed three (3) years. An extension may be requested, and the city may grant an extension for, any length of time up to the aggregate limit of three (3) years.

C.

Extensions of tentative maps subject to an adopted development agreement shall be governed by Section 16.08.160.

(Ord. No. 1029, § 2, 7-11-2017; Ord. 661 § 1 (220.010), 1994)

The subdivider may request an extension of the tentative map approval or conditional approval by written request to the department of community development prior to the expiration of the tentative map. Upon filing the request to extend the map, the map shall be automatically extended for sixty (60) days, or when the community development director takes action, whichever occurs first.

(Ord. 661 § 1 (220.020), 1994; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

The community development director may approve the extension of a map limited to the requirements of the Subdivision Map Act.

(Ord. 661 § 1 (220.030), 1994; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

The director shall approve the extension of a tentative map only if it makes all of the following findings in writing based upon substantial evidence in the record:

A.

The proposed subdivision is consistent with the general plan and any applicable specific plan and is compatible with the general plan land uses, goals, objectives, policies and specific actions specified in such plan.

B.

The findings justifying the original approval of the tentative map remain valid.

C.

The approval of the extension will allow for development of a project that is of benefit to the public health, safety and welfare through completion of vital infrastructure or public improvements, correction of existing hazardous conditions, or enhancement of public facilities.

D.

The granting of the extension is necessary to allow sufficient time for the subdivider to complete final map and improvement plans.

E.

There is no substantial change in the land use or development patterns in the vicinity of the tentative map that would be detrimental to the public health, safety or welfare should the extension be granted.

(Ord. 661 § 1 (220.040), 1994; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

The subdivider or any interested affected person may appeal any action of the community development director regarding an extension as stated in Section 16.04.070. The tentative map remains active during the appeal period until action is taken by the city council.

(Ord. 661 § 1 (220.050), 1994; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

Article IV. - Special Situations for Map Extensions

Editor's note— Ord. No. 1019, § 3, adopted February 28, 2017, repealed § 16.08.190, which pertained to expiration of other approvals in conjunction with a tentative map, and derived from Ord. No. 661 § 1(220.110), 1994; Ord. No. 995, § 1, adopted December 10, 2013.

Whenever a subdivider is required to construct, improve or finance the construction of public improvements outside the boundaries of the subdivision that meet the financial requirements as stated in Section 66452.6(a) of the Subdivision Map Act, the subdivider shall be entitled to the statutory extension set forth in Section 66452.6(a) of the Subdivision Map Act.

(Ord. 661 § 1 (220.200), 1994)

In order to receive the statutory extension the subdivider shall comply with the following procedures:

A.

The subdivider shall request a statutory extension of the approved tentative map by written request to the director prior to the expiration of the map. The request shall contain written verification of off-site expenditures as specified in Section 66452.6(a) of the Subdivision Map Act.

B.

The director shall review the request for extension and the written verification of the off-site expenditures, and approve the request pursuant to Section 66452.6 of the Subdivision Map Act if warranted. The director shall give the subdivider written notice of the action and specify the new expiration date of the tentative map.

(Ord. 661 § 1 (220.210), 1994)

The extensions shall extend the expiration of the approved or conditionally approved tentative map by thirty-six (36) months, from the date of its expiration or the date of the previously filed final map, whichever

is later. A total of all the statutory extensions shall not extend the tentative map more than ten years from its original date of approval or conditional approval. If additional time is needed beyond the ten-year period the subdivider may request an additional extension prior to the expiration of the approved tentative map. The map may be extended by the planning commission as provided in Section 220.000 et seq.

(Ord. 661 § 1 (220.220), 1994)

16.08.230 - Tentative maps subject to adopted development agreements.

The expiration and extension of tentative maps which are subject to an adopted development agreement pursuant to Section 65864 et seq. of the California Government Code shall be processed in accordance with the following regulations:

A.

Concurrent Applications. When a tentative map and a development agreement are being considered concurrently, the development agreement shall be written to require the first periodic review of the agreement to occur within twelve (12) months after adoption, with subsequent periodic reviews to coincide with the dates of action on the request for the extension of the tentative map provided that the subsequent periodic reviews occur within twelve (12) months after the most recent review of the agreement.

B.

Tentative map that is approved prior to the adoption of the development agreement. When the development agreement is adopted subsequent to the approval of the tentative map, the development agreement shall be written to require that at the earliest opportunity the expiration of the tentative map shall coincide with the date of the annual review of the development agreement.

C.

Tentative maps approved after the adoption of the development agreement. When the tentative map is to be approved after the adoption of the development agreement subsequent time extensions on the tentative map shall be adjusted such that future dates will coincide with the date of the annual review of the development agreement.

D.

Extension Procedures. The following extension procedures shall apply to tentative maps subject to adopted development agreements:

1.

The applicant shall submit a written request for extension of the map in accordance with Section 16.08.150.

2.

The city council shall hold a noticed public hearing on the request for extension, pursuant to Section 16.08.160 concurrent with the annual review of the development agreement. The city council shall approve,

approve with conditions, or deny the extension based on the evidence submitted and the findings contained in Section 16.08.170.

3.

A tentative map on property covered by a development agreement may continue to receive extensions for the period of time provided for in the agreement, but not beyond the duration of the agreement.

(Ord. 661 § 1 (220.300), 1994)

Article V. - Minor Revisions to Approved Tentative Maps

Minor revisions to an approved tentative map may be approved by the director upon written request by the subdivider, or on the director's own initiative prior to the expiration of the tentative map.

(Ord. 661 § 1 (230.010), 1994)

Minor revisions are limited to those changes in a tentative map which do not substantially alter the street pattern, lot configuration, density or overall design scheme as determined by the director. The director may make the following revisions in a tentative map:

A.

Changes in the size, shape and dimensions of individual lots; provided, however, that the changes are consistent with the intent and spirit of the original tentative map approval and all applicable city ordinances and policies;

B.

Additions of a feature, facility or amenity which does not affect the quality, safety or function of the project;

C.

Reductions in the total number of lots contained in the tentative map;

D.

Increases in the total number of lots contained in the tentative map not to exceed the following:

1.

Subdivisions of twenty-five (25) lots or less: one additional lot,

2.

Subdivisions with twenty-six (26) to five hundred (500) lots: no more than five percent of the total number of lots in the subdivision (fractions shall be rounded to the nearest whole number),

3.

Subdivision in excess of five hundred (500) lots: no more than twenty-five (25) lots;

E.

The following modifications as shown on the tentative map with the concurrence of affected city departments and outside agencies:

1.

Changes in the curve radii of streets and alleys,

2.

Changes in the length of streets and cul-de-sacs,

3.

Changes in the centerline alignment of streets when such changes are one hundred (100) feet or less in any one direction,

4.

Changes in the grade of streets or drainage easements which do not reduce natural areas, create new retaining or drainage structures that would have an adverse aesthetic effect on existing adjacent development, or change pad elevations by more than three feet adjacent to existing development,

5.

Changes in location of public utility and drainage easements.

(Ord. 661 § 1 (230.020), 1994)

A.

The subdivider may request a revision of the approved tentative map by a written request to the director.

B.

The applicant shall submit all information requested by the director.

C.

A request for a tentative map revision cannot be filed if the approval of the original map has expired.

D.

The director shall review the proposed minor revisions, and within thirty (30) days approve or disapprove the revised tentative map. The director shall give the subdivider written notice of his action. In addition, if a

revision to the map is approved, the director shall give notice to affected city departments and outside agencies.

E.

If the revised tentative map is approved, it shall become, for all purposes, the approved tentative map of the subdivision and the tentative map which was originally approved shall no longer be of any force and effect.

(Ord. 661 § 1 (230.030), 1994)

16.08.270 - Findings.

The director may approve minor revisions to an approved tentative map where the director finds that the applicant has demonstrated the following:

A.

The layout of the revised tentative map is consistent with the findings and conditions of the original approval.

B.

All lots on the revised tentative map conform to the requirements specified in the conditions of approval of the tentative map and the requirements specified in this section.

C.

The revision will not constitute a grant of special privilege inconsistent with the limitations on surrounding properties in the same vicinity with the same zoning.

D.

The layout and design of the revised map will not have an adverse impact on adjacent properties.

(Ord. 661 § 1 (230.040), 1994)

If the revised tentative map is denied by the director, the subdivider may file a revised map for planning commission review. Such an application shall be processed in the same manner as a request for tentative map approval, Article I, Tentative Map Procedural Requirements.

(Ord. 661 § 1 (230.050), 1994)

Any approved amendment shall not alter the expiration date of the tentative map.

(Ord. 661 § 1 (230.060), 1994)

Article VI. - Vesting Tentative Maps

Whenever a tentative map is required, a vesting tentative map may be filed pursuant to Section 66498.1 of the Subdivision Map Act. The words "Vesting Tentative Map" shall be printed conspicuously on the face of the map in bold letters not less than one inch in height.

(Ord. 661 § 1 (240.010), 1994)

Except as otherwise provided in this section, the procedures, requirements and findings as listed in this title for a tentative map shall also apply to a vesting tentative map. The subdivider shall submit the information at the time of filing the tentative map as set forth in Chapter 16.08.

(Ord. 661 § 1 (240.020), 1994)

16.08.320 - Vesting of development rights.

A.

Development Rights Created. The approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the city's ordinances, policies and standards in effect at the time the application is complete, pursuant to Section 66498.1 and as more fully set forth in Section 66474.2 of the Subdivision Map Act.

B.

Notwithstanding subsection A of this section, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:

1.

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

2.

The condition or denial is required in order to comply with state or federal law.

C.

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Article III of this chapter. If a final map is approved, these rights shall last for the following periods of time:

1.

An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for that phase is recorded.

2.

The initial time period set forth in subsection (C)(1) of this section shall be automatically extended by any time used by the city for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.

3.

A subdivider may apply for a one-year extension at any time prior to the expiration of the initial time period set forth in subsection (C)(1) of this section. If the extension is denied, the subdivider may appeal that denial to the city council.

4.

If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1)—(3) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 661 § 1 (240.030), 1994)

16.08.330 - Development inconsistent with zoning—Conditional approval.

A.

Whenever a subdivider files a vesting tentative map which is inconsistent with Title 17 in existence at that time, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or the subdivider's designee, obtaining the necessary change in Title 17 to eliminate the inconsistency. If the change is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 16.08.320A, confer the vested right to proceed with the development in substantial compliance with the change in Title 17 and the map, as approved.

B.

The rights conferred by this section shall be for the time periods set forth in Section 16.08.320C.

(Ord. 661 § 1 (240.040), 1994)

Chapter 16.12 - FINAL SUBDIVISION MAPS Article I. - Final Subdivision Maps

16.12.010 - General provisions.

A.

The same final subdivision map requirements shall apply to both final tract or parcel maps except where otherwise stated.

B.

The form, contents, accompanying data, and filing of a final subdivision map shall conform to the Subdivision Map Act (Sections 66433 and 66444) and this chapter.

C.

The final subdivision map shall be prepared by a registered civil engineer or licensed land surveyor.

D.

The city engineer may waive a requirement of this chapter regarding map contents and accompanying information if the city engineer finds that the requirements are not applicable to the subdivision.

(Ord. 718 § 2, 1996; Ord. 661 § 1 (300.010), 1994)