Division 2 — TENTATIVE SUBDIVISION MAPS

SEC. 15-35. INITIATION OF PROPOSED DIVISION OF LAND.

Every proposed division of land requiring the approval of a final map or a parcel map shall be initiated by the submission of an application for a tentative subdivision map as required in article II of this chapter.

(`64 Code, Sec. 27-25) (Ord. No. 1570)

SEC. 15-36. SUBMISSION.

An application for a tentative subdivision map shall be prepared and submitted with sufficient copies as required by the planning division and shall be filed not more than 30 days or less than 21 days prior to the meeting at which the application will be considered, by delivery of the application to the secretary of the commission.

(`64 Code, Sec. 27-26) (Ord. No. 1570, 2367, 2445)

SEC. 15-37. INFORMATION TO ACCOMPANY TENTATIVE MAP.

(A) An application for a tentative subdivision map shall be accompanied by the completed check list of all information required and written reports and statements giving essential information relating to the:

(1)  Development plan, including phasing of development and proposed final map units;

(2)  Type of streets, curbs, gutters, sidewalks, cross gutters, improvements and utilities proposed to be installed;

(3)  Proposed methods of sewage disposal;

(4)  Proposed storm drain facilities, with special emphasis on dead-end streets;

(5)  Protective covenants to be recorded, if any;

(6)  Proposed tree planting and street lighting; and

(7) Removal of obstacles detrimental to the completion of the improvements of the subdivision, including underground drainage and irrigation facilities.

(B) If an environmental impact report is required by the proposed land division, any necessary environmental data shall be submitted at the time of filing an application for a tentative subdivision map or within the time thereafter specified by the director.

(`64 Code, Sec. 27-27) (Ord. No. 1570)

SEC. 15-38. REVIEW BY STAFF ADVISORY COMMITTEE.

(A) On receipt of the required number of copies of the application for a tentative subdivision map and the required supporting material, the director shall set a time and place for and call a meeting of the staff advisory committee for the purpose of studying the application.

(B) The staff advisory committee shall make a written report of its findings.

(C) A report concerning the application for a tentative subdivision map shall be submitted to the commission at the meeting at which the commission will consider the application.

(`64 Code, Sec. 27-28) (Ord. No. 1570, 2367, 2445)

SEC. 15-39. STAFF REPORTS.

Any report or recommendation by city staff concerning an application for a tentative subdivision map and directed to the commission or the city council shall be in writing, and a copy shall be made available to the subdivider at least three days prior to any consideration or action on the tentative subdivision map by the commission or the city council.

(`64 Code, Sec. 27-29) (Ord. No. 1570, 2367, 2445)

SEC. 15-40. PLANNING COMMISSION CONSIDERATION AND RECOMMENDATION.

Within 50 days after an application for a tentative subdivision map has been filed with the commission, the commission shall hold a noticed public hearing and by resolution recommend approval, conditional approval or disapproval of the tentative subdivision map and report the action to the subdivider and the city council. If the recommendation is for conditional approval, the resolution shall recite the conditions. A copy of the resolution shall be transmitted promptly to the city council by delivery to the city clerk, together with a copy of the application for a tentative subdivision map and all supporting material.

(`64 Code, Sec. 27-30) (Ord. No. 1570, 1779, 2367 2445)

SEC. 15-41. CITY COUNCIL ACTION.

At the next regular meeting of the city council following the filing of the commission's report, the city council shall fix a date for a noticed public hearing at which the application for a tentative subdivision map will be considered. The date set shall be within 30 days thereafter, and the city council shall approve, conditionally approve or disapprove the tentative subdivision map within such 30-day period.

(`64 Code, Sec. 27-31) (Ord. No. 1570, 1779)

SEC. 15-42. NOTICE.

(A) The secretary of the commission shall give all required notices of public hearings held by the commission. The city clerk shall give all required notices of public hearings held by the city council.

(B) Public hearings shall be held and notice thereof given in all of the following ways for all hearings required by the Subdivision Map Act and this chapter:

(1)  At least ten days before the hearing, a notice that includes the information specified in Cal. Gov't Code, Section 65094 shall be published pursuant to Cal. Gov't

Code, Section 6061 in at least one newspaper of general circulation within the city.

(2)  At least ten days before the hearing, such notice shall be mailed or delivered to the owner of the subject real property or the owner's duly authorized agent, and

to the subdivider.

(3)  At least ten days before the hearing, such notice shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools,

or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

(4)  At least ten days before the hearing, such notice shall be mailed or delivered to all owners of real property as shown on the latest equalized assessment roll

within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, city staff may use records of the county assessor or tax collector that contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or subsection (B)(2) of this section is greater than 1,000, city staff, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days before the hearing. If city staff chooses to provide notice by publication

be mailed or delivered pursuant to this paragraph or subsection (B)(2) of this section is greater than 1,000, city staff, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days before the hearing. If city staff chooses to provide notice by publication

of a display advertisement, city staff may also, in its discretion, post such notice at least ten days before the hearing on the subject property and every 100 feet along a public street that abuts the property.

(`64 Code, Sec. 27-31.5) (Ord. No. 1779, 2367, 2445)

SEC. 15-43. INACTION OF CITY COUNCIL.

If no action is taken on the application for a tentative subdivision map by the city council within the specified 30-day period, or any authorized extension thereof, the application as filed shall be deemed to be approved insofar as it complies with the requirements of the Subdivision Map Act and of this chapter. The city clerk shall certify such approval.

(`64 Code, Sec. 27-32) (Ord. No. 1570)

SEC. 15-44. CONDITIONAL APPROVAL BY CITY COUNCIL.

If the city council conditionally approves a tentative subdivision map, the developer may submit an application for a corrected tentative subdivision map or may proceed with the preparation of the final map, meeting all conditions of the conditional approval; provided, however, that the city council may require the submission of an application for an amended tentative subdivision map to conform to the conditions imposed by conditional approval.

(`64 Code, Sec. 27-33) (Ord. No. 1570)

SEC. 15-45. CONDITIONS IMPOSED ON TENTATIVE PARCEL MAP; LIMITATIONS.

Conditions imposed on a tentative parcel map requiring improvements shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created. Requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map, or by separate instrument, and recorded in the manner provided in Cal. Gov't Code, Section 66411.1. The fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued, or until such time as the construction of such improvements is required pursuant to an agreement; except that in the absence of such an agreement the city council may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of such permit or other grant of approval upon a finding either that such fulfillment is necessary for reasons of the public health and safety, or that the required construction is a necessary prerequisite to the orderly development of the surrounding area.

(`64 Code, Sec. 27-34) (Ord. No. 1570, 1684, 2367, 2445)

SEC. 15-46. TERM OF MAP; TIME EXTENSION.

(A) An approved or conditionally approved tentative subdivision map shall expire 36 months after its approval or conditional approval.

(B) On application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative subdivision map, the time at which the tentative subdivision map expires may be extended not to exceed a total of 36 months, which period of extension shall be in addition to the period of time provided by subsection (A).

(C) (1) The application shall be heard by the commission, which shall make a recommendation to the city council.

(2) The city council, after considering the recommendation of the commission, shall decide whether to grant the application.

(3) The procedure for applications and hearings regarding map extensions shall be the same as for original maps.

(`64 Code, Sec. 27-35) (Ord. No. 1570, 2312, 2367, 2445)

SEC. 15-47. EXPIRATION; EFFECT.

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

(`64 Code, Sec. 27-36) (Ord. No. 1570)