§ 17.24

The form and contents, submittal and approval of tentative parcel maps shall conform to the provisions of this section. The tentative parcel map shall be prepared by a registered civil engineer or licensed land surveyor.

(Ord. 635 N.S. § A (part), 1983)

17.24.020 - Form.

The tentative map shall be clearly and legibly drawn on one sheet. The scale shall be approved by the city engineer and all lettering shall be one-eighth inch minimum in height. The final form shall be approved by the city engineer.

(Ord. 635 N.S. § A (part), 1983)

17.24.030 - Form and content.

A.

The tentative map shall show the following information:

1.

Name and address of legal owner, subdivider and the person preparing the map (including registration number);

2.

Assessor's parcel number;

3.

Date prepared, north arrow, scale and contour interval;

4.

Existing and proposed land use;

5.

Title;

6.

A vicinity map, sufficient to show the relation to the local community;

7.

Existing topography of the site and at least one hundred feet from its boundary, including, but not limited to:

a.

Existing contours at two-foot intervals, if the existing ground slope is less than ten percent and not less than five-foot intervals for existing ground slopes greater than or equal to ten percent. Existing contours shall be represented by screened or dashed lines;

b.

Type, diameter at breast height, and canopy of any protected trees, significant trees, street trees, public trees, or a community of trees as defined by Chapter 12.32 (Protected and Significant Trees) on public and private property. Any trees proposed to be removed shall be so indicated and shall obtain a permit as required by Chapter 12.32 (Protected and Significant Trees);

c.

The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked;

d.

The location, width and direction of flow of each watercourse;

e.

The location, pavement and right-of-way width and grade and name of existing streets or highways;

f.

Location and type of street improvements;

g.

The location, size and slope of existing storm drains. The location of existing overhead utility lines on peripheral streets;

h.

The location, width and identity of existing easements;

8.

Any improvements proposed by the owner shall be shown;

9.

If the site is to be graded, proposed contours shall be shown or an approved grading plan shall be submitted;

10.

The proposed lot layout and lot areas;

11.

Proposed easements or rights-of-way;

The source and date of existing contours;

13.

A preliminary report of title showing the current vested owner;

14.

A soils and/or geotechnical/geology report may be required pursuant to Chapter 18.70 (Geological Hazards) of this code;

15.

A statement by the engineer or surveyor responsible for the preparation of the map shall state that all monuments are of the character and occupy the positions indicated, or that they will be set in those positions on or before a specified date and that the monuments are, or will be, sufficient to enable the survey to be retraced;

16.

The location of each parcel and its relation to surrounding surveys;

17.

If the map includes a "designated remainder" parcel and the gross area of the "designated remainder" parcel is five acres or more, that remainder parcel need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel. A parcel designated as "not a part" shall be deemed to be a "designated remainder" for the purposes of this section.

B.

The city engineer may waive any of the foregoing requirements upon finding that the location or nature of the proposed minor subdivision is such as not to necessitate compliance with these requirements; or may require additional information as deemed necessary.

(Ord. 1176 N.S. § 6, 1994; Ord. 1143 N.S. §§ 26—28, 1993; Ord. 635 N.S. § A (part), 1983)

(Ord. No. 2327 N.S., § 6, 12-15-2021; Ord. No. 2363, § 3, 3-5-2025)

Any person making a division of land for which a parcel map is required shall, in accordance with the provisions of this article, file three prints of the tentative parcel map, together with any deposits toward plan checking and review fees as may be required to the community development department.

(Ord. 635 N.S. § A (part), 1983)

17.24.050 - Review and notice of public hearings.

A.

The tentative parcel map shall be reviewed by the community development department for compliance to all applicable city ordinances and the State Subdivision Map Act. Upon completion of the review and upon receipt of a valid application for a tentative parcel map, the community development director, at least ten days prior to his action and determination on the map, shall cause notice to be given of the time during which public comments may be submitted to the community development director. Such notice shall include a general explanation of the matter to be considered and a general description of the area affected and the street address, if any, of the property involved. The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city in the manner prescribed in Government Code Sections 65090 and 65091.

B.

In addition to notice by publication, the city shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed change.

C.

In the event that the proposed change has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, the city shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll.

D.

In addition, notice shall be given by first-class mail to any person who has filed a written request with the community development director. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

E.

Substantial compliance with these provisions therewith to notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this section.

(Ord. 1143 N.S. § 29, 1993; Ord. 635 N.S. § A (part), 1983)

The community development director shall approve, conditionally approve or deny the tentative parcel map, and shall make findings supporting his decision. In approving the application, the community development director may impose any reasonable conditions to ensure compliance. All actions of the community development director shall be final, unless appealed under the procedure in Chapter 18.112 (Appeals) of this code. If the map is approved, it shall be signed and dated by the city engineer and the community development director. A letter of the action taken, along with any conditions imposed, shall be sent to the subdivider and engineer. If the subdivision is denied, the subdivider or engineer shall be so notified in writing with a statement of reasons for the denial.

(Amended during 7/08 supplement; Ord. 1323 N.S. § 1, 1997: Ord. 1143 N.S. § 30, 1993: Ord. 635 N.S. § A (part), 1983)

(Ord. No. 2327 N.S., § 7, 12-15-2021)

A.

In approving or conditionally approving the tentative parcel map, the community development director shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable general or specific plans adopted by the city.

B.

The tentative parcel map may be denied for any reason provided by city ordinances, resolutions or the State Subdivision Map Act. The community development director shall deny approval of the tentative parcel map if he makes any of the findings contained in Section 17.20.100 of this title.

(Ord. 1143 N.S. § 31, 1993: Ord. 635 N.S. § A (part), 1983)

17.24.080 - Approval—Conditions.

A.

In approving the tentative parcel map, the community development director may impose as conditions of filing a parcel map any or all but not limited to the following requirements:

1.

Frontage improvements;

2.

On-site improvements;

3.

Off-site improvements;

4.

Dedications;

5.

Applicable fees;

6.

A soils and/or engineering geology report.

B.

These requirements shall be in accordance with the provisions of this chapter. The subdivider or the engineer shall be notified in writing of all of the conditions imposed.

(Ord. 1143 N.S. § 32, 1993; Ord. 635 N.S. § A (part), 1983)

If the subdivider disagrees with any action by the community development director, he or she may within ten days of the decision, appeal to the planning commission with respect to the tentative map, pursuant to Chapter 18.112 (Appeals) of the municipal code. If the subdivider disagrees with the action by the planning commission, he or she may, within ten days of the receipt of such decision, appeal such action to the city council in accordance with Section 17.24.100 of this chapter.

(Ord. 1143 N.S. § 33, 1993: Ord. 635 N.S. § A (part), 1983)

(Ord. No. 2327 N.S., § 8, 12-15-2021)

17.24.100 - Appeals—Interested persons adversely affected.

A.

Any interested person adversely affected by the decision of the community development director may appeal to the planning commission, pursuant to Chapter 18.112 (Appeals) of the municipal code, by filing an appeal with the community development director within ten days of such decision. Notice of appeal shall be in the manner prescribed in Chapter 18.112 (Appeals) of the municipal code. The planning commission shall either affirm, modify or reverse the decision of the community development director following the filing of such appeal. Action by the planning commission shall be final, unless there is a further appeal to the city council. Any person adversely affected by the decision of the planning commission with respect to the tentative parcel map may, within ten days of such decision, file an appeal with the city clerk. The city council shall consider the appeal within thirty days. This appeal shall be a public hearing with notice being given pursuant to Section 17.20.080 of this title and with additional notices to be given to the subdivider and to the affected interested persons. Upon conclusion of the public hearings, the city council shall within ten days declare its findings. The city council may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make such findings as are consistent with the provisions of this section or the State Subdivision Map Act. The decision of the city council shall be final.

(Ord. 1143 N.S. § 34, 1993: Ord. 635 N.S. § A (part), 1983)

(Ord. No. 2327 N.S., § 9, 12-15-2021)

17.24.110 - Expiration.

A.

The approval or conditional approval of the tentative parcel map shall expire twenty-four months from the date of its approval.

B.

The period of time specified shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the city council. Within ten days of the service of the initial petition or complaint upon the city, the subdivider shall, in writing, to the community development director request a stay in the time period of the tentative map. Within forty days after receiving such request, the city council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the city council shall, within ten days, declare its findings.

C.

The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings and no parcel map of all or any portion of the real property included within such tentative parcel map shall be filed without first processing a new tentative parcel map.

D.

Where the time limits for a tentative map under Section 66463.5 or other section of the Subdivision Map Act would be longer than the time limits contained herein for a tentative parcel map, the longer time limits for a tentative map will apply to a tentative parcel map to the extent provided by a signed development agreement.

(Ord. 1143 N.S. § 35, 1993; Ord. 980 N.S. § 2, 1990; Ord. 635 N.S. § A (part), 1983)

17.24.120 - Extensions.

A.

Request by Subdivider. The subdivider or his engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the community development department. The application shall be filed prior to the expiration date and shall state the reasons for requesting the extension.

B.

Community Development Department Action.

1.

The community development department shall review the request for extension for approval, conditional approval or denial. In no case shall the time at which the approved or conditionally approved tentative map expires be extended more than three years beyond the date at which the original approval or conditional approval under this chapter expires, except as provided in Section 66452.6 of the Subdivision Map Act or other provisions of state law. By signed development agreement pursuant to Government Code Section 65864 through Section 675869.5, the city may require the subdivider to limit time for extensions, as provided in the development agreement.

2.

Conditions of approval of the extension shall be in accordance with the provisions of this section.

3.

If the community development department denies a subdivider's application for extension, the subdivider may appeal to the city council within fifteen days after the community development department has denied the extension. Appeals shall be in accordance with Section 17.20.130 of this title.

(Ord. 1143 N.S. § 36, 1993; Ord. 635 N.S. § A (part), 1983)

17.24.130 - Amendments to approved tentative parcel map.

A.

Amendments to the tentative map or conditions of approval thereof may be approved by the community development department, upon application by the subdivider or on its own initiative, provided:

1.

No lots, units or building sites are added;

2.

Such changes are consistent with the intent of the original tentative map approval;

3.

There are no resulting violations of this code.

B.

Any revision shall be approved by the city engineer. The revision shall be denoted on the approved tentative map and/or in writing to the subdivider, whichever is appropriate.

C.

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

D.

The community development director or city engineer may require a new tentative parcel map application in lieu of the procedures set out in this section when, in their opinion, requested changes are substantial enough to warrant refiling and reprocessing.

(Ord. 635 N.S. § A (part), 1983)

Article II. - Parcel Maps

The form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of this chapter and the State Subdivision Map Act.

(Ord. 635 N.S. § A (part), 1983)

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed 1/10000 for field closures and 1/20000 for calculated closures.

(Ord. 635 N.S. § A (part), 1983)

The form of the parcel map shall conform to final map form requirements as specified by Article III of Chapter 17.20 of this title.

(Ord. 635 N.S. § A (part), 1983)

17.24.170 - Contents.

A.

The contents of the parcel map shall conform to final map content requirements as specified by Article III of Chapter 17.20 of this title, and as modified herein.

B.

Certificates shall be in accordance with Sections 66449 and 66450 of the Government Code.

C.

Lots shall be designated by letters commencing with "A."

(Ord. 1143 N.S. § 37, 1993; Ord. 635 N.S. § A (part), 1983)

17.24.180 - Preliminary submittal.

A.

The subdivider shall submit three sets of prints of the parcel map to the city engineer for checking. The preliminary prints shall be accompanied by two copies of the data, plans, reports and documents as required for final maps by Article III of Chapter 17.20 of this title, Preliminary Submittal, and as modified herein. The city engineer may waive any of the requirements upon finding that the location and nature of the proposed subdivision is such as not to necessitate compliance with the requirements of Article III of Chapter 17.20 of this title.

B.

Any additional information or documents required shall be as specified with the conditions of approval of the tentative map.

(Ord. 635 N.S. § A (part), 1983)

Upon completing preliminary check, the city engineer shall note the required corrections on the preliminary prints, reports and data and return one set to the subdivider's engineer for revision.

(Ord. 635 N.S. § A (part), 1983)

The subdivider's engineer shall submit two sets of the revised map, reports and data to the city engineer. After checking the revisions, one set shall be returned to the subdivider's engineer marked, "Approved as Submitted," "Approved When Corrected as Noted" or "Revise and Resubmit."

(Ord. 635 N.S. § A (part), 1983)

Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised map, prepared in accordance with the Subdivision Map Act and this chapter and corrected to its final form, and signed by all parties required by the Map Act and this chapter to execute the certificates on the map, to the planning commission.

(Ord. 635 N.S. § A (part), 1983)

The city clerk or authorized agent shall transmit the approved parcel map directly to the county recorder.

(Ord. 635 N.S. § A (part), 1983)

17.24.230 - Waiver of requirements.

A.

The community development director may waive the parcel map for the following:

1.

Division of real property or interests therein created by probate eminent domain procedures, partition or other civil judgments or decrees; or

2.

A division of property resulting from the conveyance of land, or interest therein, to a public agency for a public purpose, such as school sites, public building sites or rights-of-way for streets, sewers, utilities, drainage, etc.; or

3.

The community development director may waive the parcel map upon making a finding that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of this chapter, local ordinance and the Subdivision Map Act.

B.

Upon waiving the parcel map requirement, the city engineer shall cause to be filed with the county recorder a certificate of compliance for the land to be divided.

C.

A parcel map waived by the community development director may be conditioned to provide for payment of park, drainage and other fees by a method approved by the community development director.

(Ord. 635 N.S. § A (part), 1983)

Chapter 17.28 - LAND DEDICATIONS AND RESERVATIONS

Sections:

17.28.010 - Required dedications designated.

A.

As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights, easements and other public easements, including open space, drainage and utility easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.

B.

Dedication of, or offers to dedicate interest in real property for specified public purposes shall be made by a statement on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Section 66436 of the Subdivision Map Act, and in addition, if directed by the city engineer, by a certificate or certificates pursuant to Section 66477.5 of the Subdivision Map Act. In the event any street shown on the final map is not offered for dedication, the statement may contain a declaration to this effect. If the statement appears on a final map and if the map is approved by the city council, the use of the street or streets by the public shall be permissive only. An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under the real property unless, and only to the extent that, an intent to dedicate the facilities is expressly declared in the statement.

C.

Improvements shall be in accordance with Chapter 17.32 of this title.

(Ord. 1143 N.S. § 38, 1993: Ord. 635 N.S. § A (part), 1983)