Title 16›Chapter 16.28 — REVERSIONS TO ACREAGE
§ 16.12
Oroville Planning Code · 2026-07 edition · updated 2026-07-25 · Oroville
§ 16.12.010. General requirements. ¶
A. When a Subdivision Map Is Required.
A tentative subdivision map and final subdivision map shall be required for all subdivisions creating 5 or more parcels, 5 or more condominiums as defined in Section 783 of the Civil Code or a community apartment project containing 5 or more parcels, except where:
a. The land before division contains less than 5 acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required; or
b. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or
c. The land consists of a parcel or parcels of land having approved access to a public street or highway that comprises part of a tract of land zoned for industrial or commercial development, and that has the approval of the city council as to street alignments and widths; or
d. Each parcel created by the division has a gross area of 40 acres or more, or each of which is a quarter-quarter section or larger; or
e. The land is to be subdivided solely for biotic and wildlife purposes, pursuant to Section 66418.2 of the Government Code.
A preliminary map may be filed by the subdivider for review by the zoning administrator prior to filing a tentative subdivision map, subject to a fee established by resolution of the city council. A preliminary map may be considered without reference to any procedural requirements of this chapter.
B. Subdivision of Unincorporated Territory. Any subdivider may file with the city the tentative map for a proposed subdivision of unincorporated territory within the city's sphere of influence. The planning commission may act upon this map as provided in Section 16.12.020, except that if the map is approved, the approval shall be conditioned upon annexation of the property to the city within a period of time specified by the planning commission, and the approval shall not be effective until the annexation has been completed. If annexation is not completed within the specified time, or any extension of that time, the planning commission's approval of the tentative map shall be null and void.
(Ord. 1749 § 3)
§ 16.12.020. Tentative maps. ¶
A. Filing a Tentative Subdivision Map.
- Tentative subdivision maps shall be filed with the zoning administrator, and the submitted material shall conform to the requirements of the zoning administrator as to form and content. Rules governing form and content shall provide for legibility and adequate scale, and they shall require enough information to ensure adequate
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA
SUBDIVISIONS
§ 16.12.020
§ 16.12.020
consideration of the following factors at all levels of review of the map:
- a. Purpose of the subdivision.
- b. Ownership, including easements.
- c. Dimensions.
- d. Subdivision design.
- e. Existing structures.
- f. Public facilities.
- g. Conditions, covenants and restrictions.
- h. Environmental features.
- i. Topography.
- j. Grading.
The applicant shall defend, indemnify, and hold harmless the city, and each of its officers, employees and agents, from and against any and all claims, actions and proceedings, within the time period set forth in Government Code Section 66499.37, to attack, set aside, void or annul any of the decisions or determinations which the city makes in connection with the approval of the tentative subdivision map or with the adoption of any environmental document relating thereto under the California Environmental Quality Act (CEQA). The applicant shall reimburse the city and each of its officers, employees and agents for any costs, including, but not limited to, court costs, awards to plaintiff/petitioner for costs and attorneys' fees and any other litigation expenses that the city may be required to pay to plaintiff/petitioner because of such approval or adoption. The city shall reasonably cooperate in the defense of any such litigation, which duty to cooperate shall include the following:
a. The city shall notify the applicant promptly of any claim, action or proceeding of which it becomes aware.
b. The city shall have the right to retain legal counsel of its choice, at the sole cost and expense of the city, to defend the city in litigation, but such defense shall not relieve the applicant of any obligation imposed by this indemnity.
c. The applicant shall have the right to approve any settlement.
B. Time of Filing of Tentative Maps.
The time of filing of a tentative map application shall be fixed as the date when the zoning administrator determines that all maps and information required by this chapter have been submitted, checked and accepted as complete, and the required fees have been paid.
If the zoning administrator determines that all requirements have not been satisfied, he or she shall, within 30 days from the date of submission, notify the subdivider or the subdivider's agent in writing whether the application is complete or incomplete, pursuant to Section 65943 of the Government Code.
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA § 16.12.020
OROVILLE CODE
§ 16.12.020 - C. Review by Other Agencies. ¶
No later than 5 days after a tentative map is accepted as complete, the zoning administrator shall send one copy of the proposed tentative map to each agency that is entitled to review the map, as provided in this section.
Within 15 days after receiving a copy of the tentative map, each agency may submit recommendations to the zoning administrator. The city shall consider these recommendations before acting on the tentative map.
The following agencies shall be allowed to review and comment on a tentative map:
a. Other cities and counties, provided that the tentative map includes land within the planning area of the other city or county, and within the area shown on a territorial map filed with the city.
b. The State Department of Transportation, provided that the tentative map includes land within an area no farther than one mile from either side of a state highway routing, and within the area shown on a territorial map filed with the city. The State Department of Transportation may also be notified of tentative maps that are not within these areas, subject to the discretion of the zoning administrator.
c. The State Department of Water Resources, provided that the tentative map includes land within one mile of either side of any facility of the State Water Resources Development System, and within the area shown on a territorial map filed with the city. The State Department of Water Resources may also be notified of tentative maps that are not within these areas, subject to the discretion of the zoning administrator.
d. The governing board of any elementary school, high school or unified school district, provided that the tentative map includes land within the district boundaries. The submission to the school district shall include notification that if the school district fails to respond within 15 days, the failure to respond shall be deemed approval of the proposed subdivision.
e. Any public water supplier that may supply water for the proposed subdivision.
f. Any special district that may provide services to the proposed subdivision.
D. Review of Tentative Maps.
The city engineer shall prepare a written report to the zoning administrator on a tentative subdivision map. This report shall verify that the tentative map and its supporting documents are acceptable as to form and that the improvements it shows conform to the city engineering design standards.
The zoning administrator shall prepare a written report to the planning commission on a tentative subdivision map. This report shall consider the relationship of the map to the Subdivision Map Act, to this chapter, the zoning code, other city ordinances, the general plan and applicable specific plans, and comments of any other city department or public agency. The report shall also recommend conditions to be placed on the map, and it shall incorporate the report of the city engineer.
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA
SUBDIVISIONS
§ 16.12.020
§ 16.12.020
- The zoning administrator shall send, via United States mail, or personally deliver a copy of his or her report to the subdivider or the subdivider's agent, by mail or in person, at least 5 working days prior to any hearing or action on the map. Additions and changes to the report shall be noticed in the same manner.
E.
- Planning Commission Action.
The planning commission shall hold a public review of a tentative subdivision map within 30 calendar days after the following have occurred:
a. The map has been accepted as complete.
b. The city has certified the project's environmental impact report, adopted a negative declaration for the project or determined that the project is exempt from the requirements of the California Environmental Quality Act.
At least 10 days prior to the planning commission's public review, a public notice shall be given in accordance with Section 66451 of the Government Code.
At the public review, the planning commission shall review the submitted tentative subdivision map, the report of the zoning administrator, any available recommendations from public agencies and any comments from the subdivider and other interested parties.
The planning commission shall approve the map, approve the map with conditions or disapprove the map as follows, or after a longer period with the mutual consent of the planning commission and the subdivider:
a. If an environmental impact report was certified for the project, the planning commission shall make a determination within 60 days.
b. In all other cases, the planning commission shall make a determination within 30 days.
In making its determination, the planning commission shall consider the factors described in subsection F of this section.
Within 5 working days after the planning commission acts on the map, the zoning administrator shall report the action in writing to the subdivider or person filing the tentative map. If applicable, the zoning administrator shall indicate any conditions of approval and include a copy of the approved tentative map. A copy of the letter and map shall be retained in the zoning administrator's files for at least 4 years, after which the letter and map may be destroyed.
The planning commission's action shall be final unless appealed to the city council, as provided in Section 16.04.060.
F. Disapproval of Tentative Map. The planning commission shall disapprove a tentative map if it determines that any of the following conditions apply:
The proposed subdivision is inconsistent with the general plan or applicable specific plans.
The site is not physically suitable for the proposed density or type of development, or
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA § 16.12.020
OROVILLE CODE
§ 16.12.020 for the physical infrastructure required to support that development. ¶
The design of the land division or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The design of the subdivision or the type of improvement is likely to cause serious public health problems.
A preliminary soils report or geological hazard report indicates adverse soil or geological conditions, and the subdivider has failed to demonstrate to the satisfaction of the city engineer and planning commission that the conditions can be corrected.
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. However, the planning commission may approve an application 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.
The proposed subdivision violates the provisions of this chapter and no exception has been granted.
The proposed subdivision violates any provision of the zoning code and no variance has been granted.
The proposed subdivision would violate any other city ordinance or any city code provision.
The discharge of waste from the proposed subdivision into a community sewer system would result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code).
G. Expiration of Tentative Map. The approval or conditional approval of a tentative subdivision map shall be valid for 36 months after its approval or conditional approval, within which time the final map may be presented to the city council for acceptance and recordation unless an extension is granted as provided in subsection H of this section.
H. Extension of Approval of Tentative Map.
If the subdivider applies for an extension before an approved or conditionally approved tentative map expires, the planning commission may extend the date on which the map expires for a period or periods not exceeding a total of 2 years.
If a subdivider is required to spend more than the amount specified in Section 66452.6(a)(1) of the Government Code to construct, improve or finance the construction or improvement of public properties outside the property boundaries of the approved or conditionally approved tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map shall extend the expiration of the tentative map by 24 months, subject to the
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA
SUBDIVISIONS
§ 16.12.020
§ 16.12.030
provisions of Section 66452.6 of the Government Code.
- If the planning commission denies a subdivider's application for extension, the subdivider may appeal to the city council in accordance with the provisions of Section 16.04.060.
- (Ord. 1749 § 3)
§ 16.12.030. Final maps. ¶
A. Filing a Final Map.
At any time before the expiration of an approved or conditionally approved tentative subdivision map, the subdivider may cause the subdivision or a logical part of the subdivision to be accurately surveyed and a final map prepared and presented to the zoning administrator for approval; provided that:
a. The final map substantially conforms to the approved tentative map and any conditions attached to the map.
b. The required fees have been paid.
c. A preliminary title report has been submitted to the zoning administrator. At the discretion of the zoning administrator, an updated preliminary title report may be required.
d. The city engineer has approved the subdivision's improvement plans, including, but not limited to, the drainage water, sewer, roadway and stormwater management plan.
e. All required improvements have been completed, or the subdivider has entered into a subdivision improvement agreement with the city.
f. The subdivider has obtained the securities required by this title.
g. The subdivider has completed a certificate of record title interests, if required.
h. Each of the tenants of a proposed condominium or community apartment house project has been or will be given 120 days' written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provisions of services, the payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the Civil Code.
i. Each of the tenants of a proposed condominium or community apartment house project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of at least 60 days from the date of issuance of the subdivision public report, pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the rights.
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA
OROVILLE CODE
§ 16.12.030
§ 16.12.030
The submitted material shall conform to the rules of the zoning administrator as to form and content. Rules governing form and content shall conform to the requirements in Section 66434 of the Government Code; provide for legibility and adequate scale; and require enough information to ensure that conformance with the approved tentative map and any associated conditions can be verified. In addition, the submitted material shall be in a form suitable for recording with the county recorder.
The submitted material shall include all of the following documents, as applicable:
a. Avigation easements.
b. Proximity notice.
c. Notice to maintain private drainage easements.
d. Oak tree conservation easements.
e. Army Corps of Engineers conservation easements.
f. Notice regarding requirement to plant street trees, turf and irrigation.
g. Notice of building height restriction.
h. Notice of airspace restriction for transmission lines.
i. Notice for no open masonry fireplaces.
B. Owner's Consent.
A certificate, signed and acknowledged by all parties having any record title interest in the real property to be subdivided, consenting to the preparation and recordation of the final map is required, except as provided in this section.
A lien for state, county, municipal or local taxes or special assessments, a trust interest under bond indentures or mechanics' liens shall not constitute a record title interest in land for the purposes of this chapter.
The signature of either the holder of beneficial interests under trust deeds or the trustee under the trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.
Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map:
- a. Rights-of-way, easements or other interests that cannot ripen into a fee, except those owned by a public entity or public utility, or subsidiary of a public utility for conveyance to the public utility for rights-of-way. If, however, the city council determines that division and development of the property in the manner set forth on the approved or conditionally approved tentative map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of the public entity or public utility may be omitted. Where that determination is made, the subdivider shall send, by certified mail, a sketch of the proposed final map, together with a
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA
SUBDIVISIONS
§ 16.12.030
§ 16.12.030
copy of this section, to any public entity or public utility that has previously acquired a right-of-way or easement.
i. If the public entity or utility objects to either recording the final map without its signature or the determination of the city council that the division and development of the property will not unreasonably interfere with the full and complete exercise of its right-of-way or easement, it shall so notify the subdivider and the city council within 30 days after receipt of the materials from the subdivider.
ii. If the public entity or utility objects to recording the final map without its signature, the public entity or utility so objecting may affix its signature to the final map within 30 days of filing its objection with the city council.
iii. If the public entity or utility either does not file an objection with the city council or fails to affix its signature within 30 days of filing its objection to recording the map without its signature, the city may record the final map without the signature.
iv. If the public entity or utility files an objection to the determination of the city council that the division and development of the property will not unreasonably interfere with the exercise of its right-of-way or easement, the city council shall set the matter for public hearing to be held not less than 10 nor more than 30 days after receipt of the objection. At the hearing, the public entity or public utility shall present evidence in support of its position that the division and development of the property will unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement.
v. If the city council finds, following the hearing, that the development and division will in fact unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, it shall set forth those conditions whereby the unreasonable interference will be eliminated, and upon compliance with those conditions by the subdivider, the final map may be recorded with or without the signature of the objector. If the city council finds that the development and division will in fact not unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, the final map may be recorded without the signature of the objector, notwithstanding the objections.
vi. Failure of the public entity or public utility to file an objection pursuant to this section shall in no way affect its rights under a right-of-way or easement.
vii. No fee shall be charged by a public entity, public utility, subsidiary of a public utility or objector for signing, omitting a signature or objecting pursuant to this section.
b. Rights-of-way, easements or reversions that by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA § 16.12.030
OROVILLE CODE
§ 16.12.030 on the map. ¶
c. Interests in or rights to minerals, including, but not limited to, oil, gas or other hydrocarbon substances.
Real property that was originally patented by the United States or by the state, and that reserved interest to either or both of these entities, may be included in the final map without the United States' or the state's consent to the map or to dedications made by it.
No monetary liability shall be incurred by, and no cause of action shall arise against, a local agency, a party, the subdivider, the subdivider's agent or the land surveyor who prepared the map on account of the omission of any signature when that omission is authorized by this section.
A notary acknowledgement shall be deemed complete for recording without the official seal of the notary, so long as the name of the notary, the county of the notary's principal place of business and the notary's commission expiration date are typed or printed below or immediately adjacent to the notary's signature in the acknowledgement.
C. City Engineer Review.
The subdivider shall submit preliminary copies of the final subdivision map and all related reports, maps, diagrams and calculations to the city engineer for review. The city engineer shall return one set of the maps and related materials, with any required revisions indicated. After completing these revisions, the subdivider shall prepare revised copies, signed by all parties required by the Subdivision Map Act and this title to execute the certificates on the map, and submit the revised copies to the city engineer for approval.
Upon finding that all required revisions have been made, the city engineer shall sign the appropriate certificates and the director of parks and trees shall sign the landscaping, irrigation and street tree plans. The city engineer shall then transmit the maps and related materials to the zoning administrator. The zoning administrator shall notify the city council at its next regular meeting that the final subdivision map is being considered for approval.
D. Zoning Administrator Action.
Within 10 days of the city council meeting at which the zoning administrator notifies the city council of the pending approval or disapproval of a final subdivision map, the zoning administrator shall approve or disapprove the final map.
At the time of approval or disapproval of the final subdivision map, the zoning administrator shall accept, accept subject to improvement or reject dedications and offers of dedication that are made by a statement on the map.
Within 15 days after the action by the zoning administrator, the subdivider may appeal the action to the city council, as provided in Section 16.04.060.
The city council shall periodically review its delegation of the ability to act upon final subdivision maps, dedications and offers of dedication.
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA
SUBDIVISIONS
§ 16.12.030
§ 16.12.040
E. Grounds for Disapproval of Final Map. The zoning administrator shall not deny approval of the final subdivision map if a tentative map for the subdivision has previously been approved and if the final map substantially complies with the tentative map, any conditions attached to that map and the requirements of this title.
F. Recording of Final Map. Upon approval of the final subdivision map and payment of recording fees, the map shall be transmitted by the city clerk to the county recorder for recording, along with any conditions of approval and any other necessary information, as specified in Sections66464 through 66468 of the Government Code. The subdivider, after securing all required signatures on the final subdivision map, shall be responsible for preparing the map for recordation by preserving the map as may be required by the county recorder.
G. Amendment of Final Map.
After a final map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map:
a. To correct an error in any course or distance shown on the map; or
b. To show any course or distance that was omitted from the map; or
c. To correct an error in the description of the real property shown on the map; or
d. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or
e. To show the correct location or character of any monument that has been changed in location or character or that originally was shown at the wrong location or incorrectly as to its character; or
f. To correct any other type of map error or omission that does not affect any property right, as approved by the zoning administrator. Such errors and omissions may include, but are not limited to, parcel numbers, acreage, street names and identification of adjacent record maps. As used in this section, "error" does not include changes in courses or distances from which an error cannot be ascertained based on the data shown on the final or parcel map.
- The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The amending map shall conform to the requirements of a final map. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.
(Ord. 1749 § 3)
§ 16.12.040. Parcel maps. ¶
A. When a Parcel Map Is Required. Parcel maps shall be required for any subdivision of land that does not require a subdivision map, except the following:
- Subdivisions created by short-term leases (terminable by either party on not more than 30 days' notice in writing) or a portion of the operating right-of-way of a railroad
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA § 16.12.040
OROVILLE CODE
§ 16.12.040
corporation defined as such by Section 230 of the Public Utilities Code, or for land conveyed to public agency or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a finding is made in individual cases, based upon substantial evidence, that public policy necessitates such a parcel map.
- A lot line adjustment, as provided in Chapter 16.32.
B.
- When a Parcel Map May Be Waived.
The planning commission may waive the requirement for a parcel map in any case where the proposed subdivision is a division into 4 or fewer parcels, and:
a. Where the land being divided consists of a parcel shown on a recorded parcel map or final subdivision map or a legally created parcel and the full street improvements have been constructed and monumentation is evident; or
b. Where each has a gross area of 40 acres or more or each of which is a quarterquarter section or larger; or
c. Upon making a finding that the proposed division of land complies with the requirements of the city code and Subdivision Map Act as to area, improvement and design, floodwater drainage control, appropriately improved public roads, sanitary disposal facilities, water supply availability, environmental protection and any other requirements that may apply.
A waiver may be granted only if:
a. The subdivider files an application with the zoning administrator stating the existence of monuments and improvements prior to consideration of the waiver by the planning commission;
b. The submitted material conforms to the requirements of the zoning administrator as to form and content;
c. The application contains a legal description for each parcel;
d. The land is monumented on the ground, and a record of survey is recorded;
e. The planning commission finds that the proposed division of land complies with the requirements of the California Environmental Quality Act, the zoning code of the city, city ordinances, improvement standards as set forth by resolution of the city, the general plan and applicable specific plans of the city.
C.
Parcel Map Improvements.
For a division of land for which a parcel map is required, improvements shall include the dedication of rights-of-way and easements and the construction of reasonable onsite and off-site improvements for the parcels being created. No other improvements shall be required.
An improvement plan shall be submitted and approved pursuant to the requirements of Section 16.16.190.
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA
SUBDIVISIONS
§ 16.12.040
§ 16.12.050
Fulfillment of the construction requirements shall not be required until the time a permit or other grant of approval for development of the parcel is issued by the city, or until the time the construction of the improvements is required pursuant to an agreement between the subdivider and the city. In the absence of an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel, upon a finding of the planning commission that fulfillment of the construction requirements is necessary for either of the following reasons:
a. Fulfillment is necessary to protect public health and safety.
b. The required construction is a necessary prerequisite for the orderly development of the surrounding area.
- (Ord. 1749 § 3)
§ 16.12.050. Tentative parcel map. ¶
A. Filing a Tentative Parcel Map.
The subdivider, or the subdivider's designated agent, shall file a tentative parcel map application with the zoning administrator. The submitted material shall conform to the requirements of the zoning administrator as to form and content. Rules governing form and content shall conform to the requirements of Section 66445 of the Government Code and shall require enough information to ensure adequate consideration of the requirements of this chapter.
The applicant shall defend, indemnify, and hold harmless the city, and each of its officers, employees and agents, from and against any and all claims, actions and proceedings, within the time period set forth in Government Code Section 66499.37, to attack, set aside, void or annul any of the decisions or determinations which the city makes in connection with the approval of the tentative parcel map or with the adoption of any environmental document relating thereto under the California Environmental Quality Act (CEQA). The applicant shall reimburse the city and each of its officers, employees and agents for any costs, including, but not limited to, court costs, awards to plaintiff/petitioner for costs and attorneys' fees and any other litigation expenses that the city may be required to pay to plaintiff/petitioner because of such approval or adoption. The city shall reasonably cooperate in the defense of any such litigation, which duty to cooperate shall include the following:
a. The city shall notify the applicant promptly of any claim, action or proceeding of which it becomes aware.
b. The city shall have the right to retain legal counsel of its choice, at the sole cost and expense of the city, to defend the city in litigation, but such defense shall not relieve the applicant of any obligation imposed by this indemnity.
c. The applicant shall have the right to approve any settlement.
B. Time of Filing of Tentative Parcel Map.
- The time of filing a tentative parcel map shall be fixed as the date when the zoning
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA § 16.12.050
OROVILLE CODE
§ 16.12.050
administrator determines that all maps and information required by this chapter have been submitted, checked and accepted as complete, and the required fees have been paid.
- If the zoning administrator determines that all requirements have not been satisfied, he or she shall, within 30 days from the date of submission, notify the subdivider or the subdivider's agent that additional data is required.
C.
- Review of Tentative Parcel Map.
- The city engineer shall prepare a written report to the zoning administrator on a tentative parcel map application. This report shall verify that the map and its supporting documents are acceptable as to form and that the improvements it shows conform to the city engineering design standards.
The zoning administrator shall prepare a written report to the planning commission on a tentative parcel map application. This report shall consider the relationship of the map to the Subdivision Map Act, to this title, the zoning code, other city ordinances, the general plan and applicable specific plans and comments of any other city department or public agency. The report shall also recommend conditions to be placed on the map, and it shall incorporate the report of the city engineer.
- The zoning administrator shall deliver a copy of the report to the subdivider or the subdivider's agent, by mail or in person, at least 5 working days prior to any hearing or action on the map. Additions and changes to the report shall be noticed in the same manner.
D. Planning Commission Action on Application for Tentative Parcel Map.
The planning commission shall hold a public review of a parcel map within 30 calendar days after the following have occurred:
a. The map has been accepted as complete.
b. The city council has certified the project's environmental impact report, adopted a negative declaration for the project or determined that the project is exempt from the requirements of the California Environmental Quality Act.
At the public review, the planning commission shall review the submitted tentative subdivision map, the report of the zoning administrator and any comments from the subdivider and other interested parties.
The planning commission shall approve the map, approve the map with conditions or disapprove the map as follows, or after a longer period with the mutual consent of the planning commission and the subdivider:
a. If an environmental impact report was certified for the project, the planning commission shall make a determination within 60 days.
b. In all other cases, the planning commission shall make a determination within 30 days.
In making its determination, the planning commission shall consider the factors described in subsection E of this section.
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA
SUBDIVISIONS
§ 16.12.050
§ 16.12.050
Within 5 working days after the planning commission acts on the map, the zoning administrator shall report the action in writing to the subdivider or person filing the tentative parcel map. If applicable, the zoning administrator shall indicate any conditions of approval and include a copy of the approved tentative parcel map. A copy of the letter and map shall be retained in the planning commission's files for at least 4 years, after which the letter and map may be destroyed.
The planning commission's action shall be final unless the subdivider or any other interested person appeals the action to the city council as provided in Section 16.04.060.
E. Disapproval of Tentative Parcel Map. The planning commission shall disapprove a tentative parcel map if it determines that any of the following conditions apply:
- The proposed land division is inconsistent with the general plan or applicable specific plans.
The site is not physically suitable for the proposed density or type of development.
The design of the land division or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The design of the land division or the type of improvement is likely to cause serious public health problems.
A preliminary soils report or geological hazard report indicates adverse soil or geological conditions, and the subdivider has failed to demonstrate to the satisfaction of the city engineer and planning commission that the conditions can be corrected.
The design of the land division or the type of improvement will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. However, the planning commission may approve an application 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.
The proposed land division violates the provisions of this title, and no exception has been granted.
The proposed land division violates any provision of the zoning code and no variance has been granted.
The proposed land division would violate any other city ordinance or any city code provision.
The discharge of waste from the proposed land division into a community sewer system would result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code).
- F. Expiration and Extension of Tentative Parcel Map. An approved or conditionally approved
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA § 16.12.050
OROVILLE CODE
§ 16.12.060
tentative parcel map shall expire 36 months after its approval or conditional approval. The planning commission may extend its approval for an additional period of time not to exceed 2 years.
- (Ord. 1749 § 3)
§ 16.12.060. Final parcel map. ¶
A. Filing a Final Parcel Map.
At any time before expiration of an approved tentative parcel map, a subdivider may cause a final parcel map to be prepared in conformance with the approved application and its conditions, the provisions of the Subdivision Map Act and of this chapter, provided that:
a. The city engineer has approved the parcel map's improvement plan.
b. The subdivider has obtained the securities required by this chapter.
The parcel map shall be submitted to the zoning administrator for examination prior to recording. The applicant shall include with the parcel map:
a. The required fees.
b. The preliminary title report or parcel book report showing easements.
c. The deeds establishing the boundaries of the property.
d. The deeds establishing all existing and required easements and rights-of-way, in the form mandated by the city, on the property.
e. Copies of all parcel and boundary closures.
f. An owner's certificate, as specified and excepted in Section 16.12.030(C).
B. Review of Final Parcel Map. If the zoning administrator deems that the parcel map is in substantial conformity with the approved application and its conditions, the Subdivision Map Act and this chapter, he or she shall so certify on the parcel map within 20 days of submission or resubmission.
C. Grounds for Disapproval of Final Parcel Map. The zoning administrator shall not deny approval of the final parcel map if a tentative parcel map has previously been approved and if the final map substantially complies with the tentative map and any conditions attached to that map.
D. Recording of Final Parcel Map.
Upon approval of a final parcel map and payment of recording fees, the map shall be transmitted by the city clerk to the county recorder for recording, along with any conditions of approval and any other necessary information, as specified in Sections 66464 through 66468 of the Government Code. The subdivider, after securing all required signatures on the final parcel map, shall be responsible for preparing the map for recordation by preserving the map as may be required by the county recorder.
The submitted material shall include all of the following documents, as applicable:
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA
SUBDIVISIONS
§ 16.12.060
§ 16.12.070
a. Avigation easements.
b. Proximity notice.
c. Notice to maintain private drainage easements.
d. Oak tree conservation easements.
e. Army Corps of Engineers conservation easements.
f. Notice regarding requirement to plant street trees, turf and irrigation.
g. Notice of building height restriction.
h. Notice of airspace restriction for transmission lines.
i. Notice for no open masonry fireplaces.
E.
- Amendment of Final Parcel Map.
- After a parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map:
a. To correct an error in any course or distance shown on the map; or
- b. To show any course or distance that was omitted from the map; or - c. To correct an error in the description of the real property shown on the map; or - d. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or - e. To show the correct location or character of any monument that has been changed in location or character or that originally was shown at the wrong location or incorrectly as to its character; or - f. To correct any other type of map error or omission that does not affect any property right, as approved by the zoning administrator. Such errors and omissions may include, but are not limited to, parcel numbers, acreage, street names and identification of adjacent record maps. As used in this section, "error" does not include changes in courses or distances from which an error cannot be ascertained based on the data shown on the final or parcel map.
- The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The amending map shall conform to the requirements of a final parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.
(Ord. 1749 § 3)
§ 16.12.070. Vesting tentative maps. ¶
- A. General Provisions.
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA § 16.12.070
OROVILLE CODE
§ 16.12.070
The ordinance codified in this chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California and may be cited as the "Vesting Tentative Map Ordinance."
Except as otherwise set forth in the provisions of this chapter, the procedures and requirements for tentative subdivision maps shall apply to vesting tentative maps.
Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter.
If a subdivider does not seek the rights conferred by filing 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 a Vesting Tentative Map. A vesting tentative map shall be filed in the same form; have the same contents, accompanying data and reports; and be processed in the same manner as a tentative map, except that at the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."
C.
Vesting on Approval of Vesting Tentative Map.
The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Sections66498.1 and 66498.3 of the Government Code. However, if these sections of the Government Code are repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.
Notwithstanding any other provision of this section, a permit, approval, extension, or entitlement may be conditional or denied if any of the following are determined:
a. 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;
b. The condition or denial is required in order to comply with state or federal law.
The rights referred to in this chapter shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, these rights shall last for the following periods of time:
- a. An initial time period of 24 months. 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.
- b. The initial time period shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if that time exceeds 30 days from the date a complete
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA
SUBDIVISIONS
§ 16.12.070
§ 16.12.070
application is filed.
- c. A subdivider may apply for a one-year extension at any time before the initial time period expires. If the extension is denied, the subdivider may appeal that denial to the city council within 15 days.
- d. If the subdivider submits a complete application for a building permit during the periods of time specified in this section, the rights referred to in this chapter shall continue until the expiration of that permit, or any extension of that permit.
D. Conditional Approval of Development Inconsistent With Zoning.
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning code 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 his/her designee, obtaining the necessary change in the zoning code to eliminate the inconsistency. If the change in the zoning code is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the change in the zoning code and the zoning map, as approved.
The rights conferred by this section shall last for the time periods specified in this chapter for vesting tentative maps.
Notwithstanding any provision of this chapter, a property owner or his/her designee may seek approvals or permits for development that departs from the ordinances, policies and standards described in Sections 66498.1 and66498.3 of the Government Code, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
(Ord. 1749 § 3)
Downloaded from https://ecode360.com/OR4980 on 2026-07-06
City of Oroville, CA
SUBDIVISIONS
§ 16.16.010
§ 16.16.020
Get a plain-English answer with a citation back to this text.
Ask AI about this code