Chapter 16.08 — SUBDIVISIONS OF FOUR OR FEWER PARCELS

A. The form, contents, submittal, and approval of tentative parcel maps shall conform to this chapter. The tentative parcel map may be prepared by the property owner, a registered civil engineer, or a licensed land surveyor. The tentative parcel map shall be clearly and legibly drawn on one sheet. The map scale shall be approved by the town engineer and all lettering shall be one-eighth inch minimum in height. The final form shall be approved by the town engineer.

(Ord. 203 §2(part), 1990; Ord. No. 417, § 4, 4-13-2004)

16.08.020 - Submittal of tentative parcel map.

A. Any person making a division of land within the corporate boundaries of the town, for which a parcel map is required shall, in accordance with the provision of this title, file the required number of prints of the tentative parcel map, together with any fees as may be required, to the community development department.

B.

Any requests for exceptions to the various conditions to be considered by the planning commission or the planning director shall be filed in writing with the community development department at the time of submittal of the tentative parcel map. Such request shall state the reason(s) for the exception. All requests for sewage disposal variances shall be made as set forth in Chapter 13.04 of this code.

(Ord. 203 §2(part), 1990; Ord. No. 417, § 6, 4-13-2004)

16.08.030 - Staff review of tentative parcel maps.

A. The tentative parcel map shall be reviewed by the community development department for compliance with all applicable town ordinances and the Subdivision Map Act. Within thirty days of the receipt of an application for a tentative parcel map, the community development department shall determine in writing if the application is complete and shall transmit the determination to the applicant. The tentative parcel map shall be considered complete only when such a map conforms to the requirements of this title, and when all accompanying data or reports, as required by this title have been submitted and accepted by the

community development department. The subdivider shall file with the department the number of tentative parcel maps the planning director deems necessary.

B.

The community development department shall distribute to the appropriate agencies or departments requests for review of the completed application. The agencies or departments shall respond in writing within fourteen days of the receipt of the review request. If the department receives no answer within fourteen days, the department will assume the agency or department has no comment on the project.

C.

After receipt of the reviews from the appropriate agencies or departments, the community development department shall conduct an initial study to determine if any adverse environmental effect may be created by the project. If an environmental impact report is prepared for the tentative parcel map, the planning commission or the planning director shall render its decision within one year of the date the application was deemed complete for processing. If a negative declaration is adopted, the planning commission or the planning director shall render its decision within six months of the date the application was deemed complete for processing. A ninety-day extension to either of the above time limits may be granted by the planning commission if the applicant agrees to the extension.

(Ord. 203 §2(part), 1990; Ord. No. 417, § 7, 4-13-2004)

Upon completion of staff review and comment, the planning director or planning staff shall set a planning director action date or a public hearing before the planning commission. A public hearing before the planning commission shall be required if the planning director determines that the tentative parcel map is controversial or if major policy questions are at issue.

A.

Action by the Planning Director. If action is to be taken on a tentative parcel map by the planning director, pursuant to this section, notice of the application shall be given by the mailing of notice to all persons shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the application. Such notice shall be mailed at least ten calendar days prior to the date that the planning director is to take action on the tentative parcel map. The notice shall contain a general description of the proposed division of real property, including its location, and shall include the date and place of the action on the application.

B.

Action by the Planning Commission. If action is to be taken on a tentative parcel map by the planning commission, pursuant to this section, notice of the public hearing shall be given at least ten calendar days prior to the hearing date. The notice shall be mailed first class or delivered to all real property owners shown on the latest equalized assessment roll for properties located within three hundred feet of the

property proposed for development. The notice shall include a general explanation of the project, a general description of the area of the project location, the street address of the subject property (if any), and the

time, date and place of the public hearing. In addition to the notice by mail, the notice shall be published once, at least ten calendar days, prior to the hearing date, in a newspaper of general circulation, published and circulated in the town.

(Ord. 203 §2(part), 1990)

Any decision of the planning director or planning commission regarding the tentative parcel map (except hearing continuances) shall be based on findings of consistency with the town's general plan, any applicable specific plan, town ordinances, resolutions, or with the Subdivision Map Act.

(Ord. 203 §2(part), 1990)

A.

For a division of land for which a tentative parcel map is required, improvements shall include the dedication of rights-of-way and easements and the construction of reasonable on-site and off-site improvements for the parcels being created. No other improvements shall be required.

B.

An improvement plan shall be submitted and approved pursuant to the requirements of the town engineer.

C.

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 town, or until the time the construction of the improvements is required pursuant to an agreement between the subdivider and the town. In the absence of an agreement, the town 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 based on substantial evidence of the planning commission or planning director, as appropriate, that fulfillment of the construction requirements is necessary for either of the following reasons:

1.

Fulfillment is necessary to protect public health and safety.

2.

The required construction is a necessary prerequisite for the orderly development of the surrounding area.

(Ord. No. 489, § 1, 11-18-2008; Ord. 203 §2(part), 1990)

16.08.070 - Appeals of planning director or planning commission decision.

A.

Any person adversely affected by a decision of the planning director or planning commission regarding a tentative parcel map or the conditions of approval of a tentative parcel map may appeal the decision within ten days of the decision to the town council. Such appeal shall be in writing and filed with the town clerk. The town council shall consider the appeal at a public hearing within thirty days of the filing of the appeal. Notice of the public hearing shall be given pursuant to this title. The town council shall render its decision on the appeal within ten days of the conclusion of the public hearing.

B.

The council may sustain, modify, reject, or overrule any decision of the planning director or planning commission regarding the tentative parcel map and any condition of approval. In its decision, the council shall make findings consistent with the town's general plan, the Subdivision Map Act, and this title.

C.

Any tenant of the property being subdivided in the case of a proposed conversion of residential real property to a condominium, community apartment or stock cooperative project may appeal any action of the planning director or planning commission pursuant to the Subdivision Map Act and this title.

(Ord. 203 §2 (part), 1990)

16.08.080 - Expiration of approved or conditionally approved tentative parcel map.

A.

The approval or conditional approval of a tentative parcel map shall expire thirty-six months from the date of its approval or conditional approval.

B.

Expiration of an approved or conditionally approved tentative parcel map shall terminate all proceedings and no final parcel map of all or any portion of the real property included in the tentative parcel map shall be filed without first processing a new tentative parcel map. (G.C. 66463.5)

(Ord. 203 §2 (part), 1990)

A.

The planning director or the planning commission may extend an approved tentative parcel map for an additional time period not exceeding a total of six years. Such extension application shall be filed by the subdivider in writing prior to the expiration date of the approved tentative parcel map. Prior to the expiration of the approved tentative parcel map, upon receipt by the community development department of a complete application to extend the map, the tentative parcel map approval shall automatically be extended for sixty days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. The planning director or the planning commission may approve, at its discretion, any portion of the additional six-year time extension for any tentative parcel map. In order to approve an extension application the planning director or the planning commission must find evidence

before them verifying that the subdivider has exhibited a good faith effort in attempting to satisfy the conditions of the approved tentative parcel map.

B.

If the planning director or the planning commission denies the application for a time extension, pursuant to subsection A, the subdivider may appeal the denial to the town council within fifteen days after the denial action. (G.C. 66463.5)

(Ord. No. 501, § 3, 6-8-2010; Ord. 368 §2, 2001; Ord. 203 §2 (part), 1990)

16.08.090 - Effect of lawsuit.

A.

The periods of time specified above shall not include any period during which a lawsuit involving the approval or conditional approval of the tentative parcel map has been filed and is pending in a court of competent jurisdiction, if the stay of the time period is approved by the town council pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the town, the subdivider may file a written request with the community development department that a stay in the time period begin.

B.

Within forty days after receiving the application requesting a stay in the time period, the town council shall either stay the time period for up to five years, or deny the requested stay.

C.

Once the stay of the time period is lifted, the tentative parcel map shall be valid for the remaining time period prior to the lawsuit.

(Ord. No. 430, § 8, 12-14-2004; Ord. 203 §2 (part), 1990)

The periods of time specified in this chapter shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence; provided, however, that the length of such moratorium does not exceed five years. Once such a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed; provided, however, that if such remaining time is less than one hundred twenty days, the map shall be valid for one hundred twenty days following the termination of the moratorium. (G.C. 66463.5)

(Ord. 203 §2 (part), 1990)

A.

Minor changes to an approved or conditionally approved tentative parcel map may be approved by the planning director upon application to the community development department by the subdivider or on its

own initiative provided that:

1.

No lot, units, or building sites are added;

2.

Any change is consistent with the intent of the original tentative map approval;

3.

There are no resulting violations of the town's municipal code;

4.

No new easements are granted or created not shown on the approved map.

B.

All amendments shall be reviewed by the town engineer. Any revision to the tentative parcel map shall be noted on the tentative parcel map or in writing to the subdivider, whichever is appropriate. Any amendment shall not affect the expiration date of the approved or conditionally approved tentative parcel map.

C.

If the requested amendment(s) is a substantial change, in the opinion of the planning director, the director may require a new tentative parcel map application in lieu of the procedure set forth in this section.

(Ord. No. 430, § 9, 12-14-2004; Ord. 203 §2 (part), 1990)

16.08.110 - Final parcel maps.

The form, content, submittal, approval, and filing of final parcel maps shall conform to the provisions of this section and the Subdivision Map Act.

A.

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed surveyor. All monuments, property lines, centerlines of streets, roads, alleys, or easements adjoining or within the subdivision shall be tied into the survey.

B.

The form of the final parcel maps shall conform to the final map requirements as specified in Section 16.07.080 of this title.

C.

The contents of the final parcel map shall conform to the final map content requirements of Section 16.07.080 of this title, except Section 16.07.080(C).

1.

Certificates shall conform to Section 66449 of the Government Code. A certificate shall also be required from the town clerk, if approval of the map is by the town council.

2.

Parcels shall be designated by numerals commencing with number one.

D.

The subdivider shall submit prints of the final parcel map to the town engineer and health department for checking. The map shall be accompanied by copies of the data, plans, reports, and documents as required for final maps by Section 16.07.080. The town engineer may waive any of the requirements if the location and nature of the proposed subdivision does not need to comply with the requirements of final maps for subdivisions of more than four lots as required by this title. (G.C. 66428, 66490, 66491)

E.

The town engineer shall review the parcel map and the subdivider's engineer or surveyor shall make corrections or additions until the map is acceptable to the town engineer.

F.

The subdivider's engineer or surveyor shall submit the original tracing of the map to the town engineer corrected to its final form and signed by all parties required to execute the certificates on the map.

G.

The town clerk shall transmit the approved parcel map directly to the county recorder. (G.C. 66464)

H.

The requirement for a parcel map may be waived by the planning director if the land involves:

1.

A division of property resulting from the conveyance of land or interest to or from the town, public entity or public utility for a public purpose, such as school sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc., or,

2.

A division of a portion of the operating right-of-way of a railroad corporation defined by Section 230 of the Public Utilities Code, which are created by short-term leases.

3.

The planning 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 title, local ordinance, and the Subdivision Map Act. (G.C. 66428(a))

Upon waiving the parcel map requirement, the planning director may cause to be filed with the county recorder a certificate of compliance for the land to be divided and a plat map showing the division.

A parcel map waived by the planning director may be conditioned to provide for payment of park land dedication fees, drainage fees, and other fees by a method approved by the town engineer. (G.C. 66499.35(c) and (d)) (Ord. 203 §2(part), 1990)

At his discretion, the town engineer may require additional information to be filed or recorded simultaneously with a final or parcel map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final or parcel map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the

document or additional map sheet. Additional survey and map information may include, but need not be limited to: building setback lines; flood hazard zones; seismic lines and setbacks; geologic mapping; archaeological sites; limit to the number of bedrooms allowed on specific parcels of a land division; water supply provisions; and road and access status. (G.C. 66434.2) (Ord. 203 §2(part), 1990)

Chapter 16.09 - DEDICATIONS AND RESERVATIONS