18.12 — PROCEDURE

(a)

All applications for divisions of land shall be filed with the Planning Division in the form and together with such additional information as specified by the Director.

(b)

No map shall be considered filed until all provisions of CEQA and Resolution No. 800 are complied with.

(Code 1972, § 18.12.010; Ord. No. 543, § 1(part), 1981; Ord. No. 1024, § 10, 1996; Ord. No. 1449, § 4(Att. A), 2-11-2025)

Each application shall be accompanied by such fees as shall be established by resolution of the City Council.

(Code 1972, § 18.12.020; Ord. No. 543, § 1(part), 1981; Ord. No. 1449, § 4(Att. A), 2-11-2025)

(a)

The Planning Commission shall conduct a public hearing within the time limits described in the Subdivision Map Act, after which the Planning Commission may approve, conditionally approve, or disapprove the map

by resolution. In making its decision, the Planning Commission shall consider the findings described in Section 18.12.050.

(b)

Prior to the hearings described in this section, a staff report shall be prepared stating the action recommended to be taken, and conditions of approval, if any. The staff report shall be served upon the land divider and his representative, and upon each tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, at least three days prior to the date of hearing.

(c)

Notwithstanding Section 18.12.030(a), a parcel map for an urban lot split filed pursuant to Chapter 18.17 shall not require a public hearing. The decision on the parcel map for an urban lot split shall be decided by the Director.

(Code 1972, § 18.12.030; Ord. No. 543, § 1(part), 1981; Ord. No. 1024, § 11, 1996; Ord. No. 1125, § 1, 2004; Ord. No. 1449, § 4(Att. A), 2-11-2025)

(a)

Whenever a public hearing is held pursuant to this title, notice of the time and place thereof, including a general description of the location of the subdivision, shall be published once in the Perris Progress, or a newspaper of general circulation within the city at least ten days before the hearing.

(b)

If the proposed tentative map represents a proposed conversion of residential real property to a condominium project, such notice shall also be given by United States mail to each tenant of the subject property, and in addition to notice of the time and place of the public hearing, shall include notification of the tenant's rights to appear and the right to be heard.

(Code 1972, § 18.12.040; Ord. No. 543, § 1(part), 1981; Ord. No. 622, § 1, 1985)

(a)

The Director shall carry out the following actions:

(1)

Investigate each parcel map for urban lot split, lot line adjustment, and lot merger application filed with the city pursuant to this title or the Subdivision Map Act and the improvements proposed to be constructed and installed in or to serve the subdivision.

(2)

If the proposed parcel map for urban lot split, lot line adjustment, and parcel merger (residential development) complies with the requirements of this title and the Zoning Code, the Director shall approve or conditionally approve the application. Such action shall be in writing and shall be delivered to the applicant.

(b)

The Planning Commission or City Council shall carry out the following actions:

(1)

Investigate each tentative map filed with the city pursuant to this title or the Subdivision Map Act and the improvements proposed to be constructed and installed in or to serve the subdivision, and make its report with respect to the design and improvements of the subdivision and the kind, nature and extent of the proposed improvements.

(2)

Consider the tentative map at the time and place set forth in the notice required by section 18.12.040, and shall by resolution approve, conditionally approve or disapprove the tentative map.

(3)

Where the Planning Commission or City Council approves or conditionally approves a tentative map, it shall prescribe, pursuant to the provisions of this title, the kind, nature and extent of the improvements to be constructed or installed in or to serve the subdivisions for which such tentative map is filed.

(4)

The Planning Commission or City Council shall disapprove a tentative map if it finds any of the following:

a.

That the proposed map is not consistent with applicable general and specific plans;

b.

That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

c.

That the site is not physically suitable for the type of development;

d.

That the site is not physically suitable for the proposed density of development;

e.

That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

f.

That the design of the subdivision or the type of improvements are likely to cause serious public health problems;

g.

That the design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the Director may recommend approval of a map if he 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;

h.

That all requirements of CEQA have not been met;

i.

That the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a state regional water quality control board pursuant to Division 7 (commencing with section 13000) of the Water Code.

(c)

The City Council shall carry out the following actions:

(1)

Upon appeal of the Planning Commission's approval, conditional approval, or denial of a tentative map, investigate each tentative map filed with the city pursuant to this title or the Subdivision Map Act and the improvements proposed to be constructed and installed in or to serve the subdivision, and make its report with respect to the design and improvements of the subdivision and the kind, nature and extent of the proposed improvements.

(2)

The City Council, on appeal, shall disapprove a tentative map if it makes any of the findings set forth in Section 18.12.050(b)(4).

(Code 1972, § 18.12.050; Ord. No. 543, § 1(part), 1981; Ord. No. 1024, § 12, 1996; Ord. No. 1449, § 4(Att. A), 2-11-2025)

Secs. 18.12.060, 18.12.070. - Reserved. Sec. 18.12.080. - Modifications of regulations.

Whenever the city council finds with respect to a subdivision that the real property to be divided is of such size or shape or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such usage, that is impossible or impractical in the particular case for the subdivider to conform fully to the requirements of this chapter, the city council may waive or modify such requirements as it deems reasonably necessary; provided, however, any such waiver or modification shall be in conformity with the spirit and purpose of the Subdivision Map Act and of this title. The city council may waive or modify such requirements upon such reasonable conditions as it deems appropriate.

(Code 1972, § 18.12.080; Ord. No. 543, § 1(part), 1981; Ord. No. 1024, § 14, 1996)

(a)

Expiration. The approval or conditional approval of a tentative map shall expire 24 months from the date the map was approved or conditionally approved by the city council.

(b)

Extension. The person filing the tentative map or his authorized agent may request an extension of the tentative map approval or conditional approval by written application to the city council, such application shall be filed at least ten days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension.

(c)

Time limit on extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of three years.

(d)

Waiver of ten-day filing requirements. The city council may, upon request and a showing of special circumstances, waive the ten-day filing requirement.

(e)

Effect of map modification on extension. Modification of a tentative map, after approval or conditional approval, shall not extend the time limits imposed by this section.

(Code 1972, § 18.12.090; Ord. No. 543, § 1(part), 1981; Ord. No. 573, §§ 1 and 2, 1983)

CHAPTER 18.16. - PARCEL MAPS; PROCEDURE