Salinas Municipal Code § 31-315 Exception to subdivision ordinance requirements

Applications shall be required on forms provided by current planning for all tentative maps, vesting tentative maps, parcel maps, lot line adjustments, lot consolidations, parcel map waivers pursuant to Section 31-604, waiver of parcel map requirements, certificates of compliance, and all other approvals authorized by this chapter. Applications shall be required on forms provided by the engineering division for final maps, improvement plans, and subdivision agreements. All application forms shall specify the information that is required from an applicant.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

All persons submitting applications as required by this chapter shall pay all fees and/or deposits as provided by the city's resolution establishing fees and charges.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Applications shall be signed by the subdivider and by the property owner(s) or authorized agent(s) or person with actual authority to apply.

(b) If an application involves more than one property with different ownerships, a map identifying the ownership of those properties shall be submitted with the application.

(c) The city planner or city engineer, as applicable, may require proof of ownership, authority, or authorization to apply prior to the acceptance of any application.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) All applications shall be submitted to current planning except as otherwise provided in this chapter. The application shall be deemed received upon receipt of any required fee and/or deposit.

(b) Not later than thirty calendar days after an application has been received, the city planner or city engineer, as applicable, shall determine whether the submitted application materials are complete, and shall notify the applicant of the decision in writing and identify in writing any additional information required to complete the application, as required by Government Code Section 65943(a). No application shall be considered complete until all information required by the city is received and all application fees and/or deposits are paid.

(c) Upon receipt of any resubmittal of the application, a new thirty-day period shall begin, during which the city shall determine the completeness of the application.

(d) If the applicant makes a material modification to the application following the filing of the application and prior to the expiration of the thirty-day period for determining completeness, the application shall be considered to have been resubmitted, and the thirty-day period for determining completeness shall commence on the date that the application was resubmitted.

(e) The accuracy of all information, maps, and other submittals shall be the responsibility of the applicant. The city planner or city engineer, as applicable, may reject as incomplete an application that includes inaccurate or incomplete information.

(f) If the application, together with the submitted materials, is determined not to be complete, the applicant may appeal the city's determination of completeness to the planning commission. The applicant shall be responsible for submitting the appeal on forms required by current planning and the payment of any associated appeal fees.

(g) Applications that have been deemed incomplete by the city and for which there has been no resubmittal of the required materials by the applicant within one hundred eighty days from the date of the incompleteness letter shall be considered withdrawn, and a new application and fees shall be required to be submitted to further process the project.

(h) An applicant and the city may mutually agree to an extension of any time limit provided by this section.

(i) A determination that the application is complete shall not constitute a determination that the application complies with the regulations of this chapter.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

In determining whether to approve or disapprove an application pursuant to this chapter, the city shall apply only those plans, policies, standards, and ordinances that are adopted and in effect on the date that the application is determined to be complete, unless, prior to the determination of completeness, the city has initiated, by adoption of resolution or ordinance or by motion, an amendment to any plan or ordinance and has published notice as required by Section 66474.2 of the Subdivision Map Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

After an application made pursuant to this chapter has been determined to be complete:

(a) The city planner shall determine whether the application is statutorily or categorically exempt from CEQA or otherwise not subject to CEQA review. The city planner shall make this determination prior to, or concurrently with, the issuance of any public notice required for the application.

(b) If the project is not exempt and is subject to CEQA, the city planner shall complete an initial study and shall determine, based upon the information contained in the initial study, whether a negative declaration, a mitigated negative declaration, or an environmental impact report shall be prepared and may, at the city planner's discretion, select a private consultant to prepare the appropriate environmental document at the applicant's expense. If the city planner can determine that an environmental impact report will be clearly required for the project, by mutual agreement with the subdivider, the city may skip further initial review of the project and begin work directly on the environmental impact report.

(c) All CEQA review shall be completed prior to approval of any application made pursuant to this chapter.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

After an application for a tentative map or parcel map has been determined to be complete, the city shall take action within the time limits specified below. The deadlines and time limits established by this section do not apply to administrative appeals authorized by this chapter.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Where the city planner or planning commission may approve a map, or where the planning commission makes a recommendation to the city council regarding a map, the city planner or planning commission, as applicable, shall act on all complete tentative map or parcel map applications:

(a) Within fifty days of city certification of an environmental impact report, negative declaration, or mitigated negative declaration regarding the proposed map; or

(b) Within fifty days of city determination that the map application is statutorily or categorically exempt from CEQA or otherwise not subject to CEQA review.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

By the date of the next regular meeting of the city council following the filing of the planning commission's report on a tentative map, the city planner shall fix the meeting date at which the tentative map will be considered at a public hearing, which shall be held within thirty days thereafter. The city council shall act on the map application within the thirty-day period. However, the thirty-day period shall not commence until the city has certified an environmental impact report, negative declaration, or mitigated negative declaration regarding the proposed map; or determined that the map application is statutorily or categorically exempt from CEQA or otherwise not subject to CEQA review, in accordance with the Subdivision Map Act, CEQA, and Permit Streamlining Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

In accordance with Section 66451.7 of the Subdivision Map Act, decisions regarding applications for exemptions pursuant to Section 66412 and applications for parcel map waivers pursuant to Section 66428 shall be made within sixty days of the application being deemed complete.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

An extension of the time limits for processing and acting on an application may be granted by mutual consent of the city and the applicant, as provided in the Subdivision Map Act Section 66451.1, so long as such extensions are consistent with the provisions of the Permit Streamlining Act (Government Code Section 65920 et seq.).

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

If required by the Subdivision Map Act, a tentative map or parcel map shall be deemed approved insofar as it complies with other applicable requirements of this chapter, the zoning code, building code, and other local ordinances, if no action is taken upon the tentative map or parcel map within the time limits required by this chapter. No advisory agency or legislative body shall disapprove an application for tentative, final, or parcel map in order to comply with the time limits specified unless there are reasons for disapproval other than failure to timely act in accordance with the limits specified.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The purpose of this section is to provide a standard for public notice that complies with state notice requirements and affords the public due process.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

If a public hearing is required, the city planner shall set the date, time, and place for the public hearing.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

When a provision of this chapter requires notice of a public hearing or intended decision, the city shall give notice in all of the following ways:

(a) At least ten days prior to the public hearing or date of intended approval, notice shall be published at least once in a newspaper of general circulation within the city, as designated by the city council.

(b) At least ten days prior to the hearing or date of intended decision, notice shall be mailed by first class mail or delivered to:

(1) The owner of the subject real property as shown on the latest equalized assessment roll, the owner's duly authorized agent, if any, and the applicant;

(2) 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, including the Central Coast Regional Water Quality Control Board to confirm interpretation of NPDES permit regulations, as applicable;

(3) All owners of real property as shown on the latest equalized assessment roll within three hundred feet of the property to be subdivided;

(4) Any owner of a mineral right pertaining to the property who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code; and

(5) Any person who has filed a written request with the city clerk or with any other person designated by the city council to receive these requests. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The city may impose a reasonable fee on persons requesting the notice for the purpose of recovering the cost of the mailing.

(6) Instead of using the assessment roll, the city may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll.

(c) The notice shall also be posted at least ten calendar days prior to the hearing in at least three public places within Salinas, including at least one at the subject property which is the subject of the proceeding. The notice shall meet all posting requirements as established by current planning.

(d) In the case of a proposed conversion of residential real property to a condominium, community apartment, or stock cooperative project, additional notice shall be given as specified in Article 7 of this chapter.

The notice shall include the time, date, and place of the hearing or intended date of approval, a general explanation of the matter to be considered, the identity of the decision-making body, a general description of the area affected, and the street address, if any, of the property involved. A notice of intended decision required pursuant to Section 31-313.2, action on request for extension of tentative map, or Section 31-603.2, action by city planner (parcel maps), shall describe the procedures for protest of the intended approval.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Compliance with these provisions shall be deemed sufficient for the city to act regardless of actual receipt of notice. The failure of any person or entity to receive notice given pursuant to this division shall not constitute grounds for any court to invalidate the actions for which the notice was given. In accordance with Government Code Section 65010(b), no action, inaction, recommendation, or decision of the city planner, the planning commission, the city council, or any of its officials on any matter subject to this chapter shall be invalid or set aside by reason of any error, irregularity, informality, neglect, or omissions as to any notice or method of procedure pursuant to this chapter unless a finding is made based on substantial evidence in the record that the complaining or appealing party suffered substantial injury from that error, irregularity, neglect, or omission, and that a different result would have been probable if the error, irregularity, informality, neglect, or omission had not occurred. There shall be no presumption that such error, irregularity, neglect, or omission is prejudicial or that injury was done if the error, irregularity, neglect, or omission is shown.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Any public hearing conducted pursuant to this chapter may be continued from time to time, if consistent with the provisions of the Permit Streamlining Act (Government Code Section 65920 et seq.), and shall not require additional notification.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Any report on a tentative map or parcel map prepared by city staff and submitted to the planning commission or city council shall be in writing, and a copy shall be served on the subdivider at least three days prior to the planning commission or city council meeting, as applicable.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

When one or more discretionary actions are required for a single project under any provision of the municipal code, all required applications may be filed concurrently. When filed concurrently, the applications will be reviewed and processed concurrently and will be subject to the processing requirements of the application requiring the most stringent review.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Any application made pursuant to this chapter may be withdrawn at any time prior to a public hearing by filing a written request for withdrawal with the city planner or city engineer, as applicable.

(b) The request for withdrawal shall be signed by all persons who signed the original application, or their designated agents or successors.

(c) After commencement of a public hearing on any such application, the application may be withdrawn only with the concurrence of the appropriate review body.

(d) With a request for withdrawal, the applicant may request a refund of fees; however, the refund of fees shall be reduced by any staff and administrative costs incurred by the city up to the time of withdrawal request. No refund shall be made after the application has been noticed for hearing.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Any decision of the city planner or city engineer pursuant to this chapter may be appealed to the planning commission, except as otherwise provided in this chapter. Any decision of the planning commission pursuant to this chapter may be appealed to the city council.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Filing of appeal. An appeal can only be initiated by an applicant or any interested party adversely affected by a decision of the advisory agency by submitting an application to current planning. All appeals shall be accompanied by any required fee and/or deposit. The appeal application shall state, as appropriate, any of the following supported by sufficient detail to understand the nature of the appeal:

(1) There was an error or abuse of discretion;

(2) The record includes inaccurate information; or

(3) The decision is not supported by the record.

(b) Effect on decisions. Decisions that are appealed shall not become effective until the appeal is resolved.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Time limits for appeal. Appeals of decisions shall be initiated within ten days of the decision, except where otherwise provided by this chapter. The city manager may be considered an interested party on behalf of the city.

(b) Extension of time limits. When the appeal period ends on a day that current planning is not open to the public for business, the time limits shall be extended to the next full working day.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Hearing date for appeal of decision of city planner on parcel map. An appeal of a decision of the city planner regarding a parcel map shall be scheduled for a public hearing before the planning commission, which shall be held within thirty days of the date of the filing of the appeal. If there is no regular meeting of the planning commission within the next thirty days for which adequate notice can be given, the appeal may be heard at the next regular meeting for which notice can be given, or within sixty days from the date of filing, whichever period is shorter. The planning commission shall issue a written decision on the merits of the appeal based on evidence in the record within ten days following the conclusion of the hearing. The planning commission's action on the appeal shall be final, unless appealed to the city council.

(b) Hearing date for appeal of planning commission decision on tentative map or parcel map. An appeal of a decision of the planning commission regarding any tentative map or parcel map shall be scheduled for a public hearing before the city council, which shall be held within thirty days of the date of the filing of the appeal. If there is no regular meeting of the city council within the next thirty days for which adequate notice can be given, the appeal may be heard at the next regular meeting for which notice can be given, or within sixty days from the date of filing, whichever period is shorter. The city council shall issue a written decision on the merits of the appeal based on evidence in the record within ten days following the conclusion of the hearing. City council action on the appeal shall be final.

(c) Hearing date for all other appeals. All other appeals shall be scheduled for a public hearing before the appellate body within thirty days of the date of the filing of the appeal. If there is no regular meeting of the appellate body within the next thirty days for which adequate notice can be given, the appeal may be heard at the next regular meeting for which notice can be given, or within sixty days from the date of filing, whichever period is shorter. The appellate body shall issue a written decision on the merits of the appeal based on evidence in the record within ten days following the conclusion of the hearing.

(d) Notice and public hearing. Notice of the public hearing shall be given in accordance with Section 31-307, public notice requirements.

(e) Hearing. The hearing before the appellate body shall be de novo. At a de novo hearing, the appellate body may hear all such testimony and evidence on the entirety of the application as may be presented by any person at that appeal hearing. If relevant new evidence of substantial importance that was not known and could have been known at the original hearing is presented at an appeal hearing before the city council, the application may be returned to the planning commission, provided that the time limits for appeals of tentative maps included in Subsection 31-310.2(b) can be met. At the appeal hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party.

(f) Decision and notice.

(1) The appellate body shall affirm, affirm with conditions, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific reasons and make findings as necessary to support its decision.

(2) The appellate body may designate such conditions as it deems necessary to secure the purposes of and to comply with the requirements of this chapter.

(3) The city planner shall mail notice of a planning commission decision and the city clerk shall mail notice of a city council decision to the applicant, the appellant, the subdivider's engineer or surveyor, and any other party requesting such notice within ten working days after the date of the decision, consistent with the requirements of Section 31-311, notice to applicant of action on tentative map or parcel map.

(4) In the event that the planning commission is unable to affirm, modify, or reverse the original decision because a motion on the appeal fails to receive a majority vote, thus resulting in no action being taken by the planning commission, the appeal shall be forwarded directly to the city council with a record of the planning commission's vote and the proceedings thereon.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Within thirty days following the expiration of all appeal periods, the city shall notify the subdivider, the subdivider's engineer or surveyor, any appellant, and any other party requesting such notice of its action on any tentative map or parcel map, including all conditions of approval, the amount of all fees that can be determined, and a description of the dedications, reservations, requirements for construction of improvements and facilities, and other exactions imposed on the map. The subdivider shall be notified that the ninety-day period has begun in which the applicant may protest the amount of the fees and any dedications, reservations, requirements for construction of improvements and facilities, and other exactions.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) The approval or conditional approval of a tentative map shall expire twenty-four (24) months from the date of the initial approval or conditional approval of the map. The subdivider may request an extension to the expiration date as provided in Section 31-313, discretionary extensions of tentative map approval. The subdivider may also be entitled to an extension of the expiration date as provided in Section 31-314, statutory extensions of tentative map approval.

(b) Expiration of an approved or conditionally approved tentative map shall terminate all proceedings, and no final map for all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map.

(c) Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording the final map, may lawfully occur after the date of expiration of the tentative map. Delivery to the city planner or city engineer of a signed final map, as applicable, in substantial conformance with the approved tentative map, as applicable, necessary improvement plans, and all required fees and deposits shall be deemed as "timely filing" for purposes of this section.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The expiration date for the tentative map may be extended if the applicant requests, and the city approves, a request for an extension of up to thirty-six months. The approved new expiration date shall not extend more than six years beyond the date of the resolution adopted by the city council approving or conditionally approving the tentative map. However, if a tentative map has been extended pursuant to Subsection 31-314(a). Phased final maps and public improvements, then the approved new expiration date shall not extend more than six years beyond the expiration date established in Subsection 31-314(a).

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The subdivider or authorized agent may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to current planning. The application shall be filed with current planning prior to the expiration of the approved or conditionally approved map and shall state the reasons for requesting the extension and include the required fee or deposit. Upon an application by the subdivider to extend that map, the map shall automatically be extended for sixty days or until the application for the extension is approved or denied, whichever occurs first.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Planning commission action. The city planner shall review the request. Within thirty days of determining the application to be complete, the city planner shall submit the application for the extension, together with a report, to the planning commission at a public hearing with a recommendation for approval or denial. A copy of the city planner's report shall be forwarded to the subdivider prior to the planning commission meeting on the extension. The planning commission shall recommend approval or denial of the application for extension.

(b) City council action. The city council shall consider the application for extension at a public hearing within forty-five days of the planning commission's recommendation. The city council may approve or deny the request for an extension to the expiration of the tentative map. In approving the request for an extension of the tentative map, the city council shall specify the new expiration date of the map.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city planner, planning commission, and/or city council, as applicable, may approve a request for an extension if it finds that the map is consistent with the city's general plan and zoning. The city may impose only those conditions of approval that were imposed for the initial map approval, unless the developer consents to the imposition of additional conditions.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

In addition to the extensions provided for in Section 31-313, discretionary extensions of tentative map approval, tentative maps shall be extended in the following cases pursuant to the detailed provisions of Sections 66452.6 and 66463.5 of the Subdivision Map Act:

(a) Phased final maps and public improvements. A tentative map shall be extended pursuant to Section 66452.6 of the Subdivision Map Act if:

(1) The city has approved the filing of multiple phased final maps as part of its approval of the tentative map; and

(2) The subdivider is required to provide certain off-site public improvements above the dollar amount specified in Section 66452.6 that was in effect at the time the tentative map application was determined or deemed to be complete.

(3) This provision is applicable only to tentative maps and not to parcel maps. The number of phased final maps that may be filed shall be determined by the city council at the time of the approval of the tentative map. Pursuant to Section 66452.6, each filing of a phased map extends the expiration of the approved tentative map by thirty-six months from the date of expiration or from the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than ten years from the date of the resolution adopted by the city council approving or conditionally approving the tentative map.

(b) Development agreements. A tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement.

(c) Moratoria. The twenty-four month period of time specified in Subsection 31-312(a), Expiration of tentative map approval, including any extensions granted pursuant to Section 31-313, discretionary extensions of tentative map approval, shall not include any period of time, not to exceed five years, during which a development moratorium, as specified in Sections 66452.6 and 66463.5 and imposed after approval of the tentative map, is in existence.

(d) Lawsuits. The twenty-four (24) month period of time specified in Subsection 31-312(a), Expiration of tentative map approval, including any extensions granted pursuant to Section 31-313, discretionary extensions of tentative map approval, shall not include any period of time during which a lawsuit involving the approval of the tentative map is or was pending in a court of competent jurisdiction, if the 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 addressed to the city planner, request a stay of the time period for expiration of the tentative map. Within forty days after receiving the 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 considered at a hearing with notice to the subdivider and to all other parties in the lawsuit. Upon conclusion of the hearing, the city council shall, within ten days, declare its findings.

(e) Other statutory extensions.

(1) The expiration date of any tentative or vesting tentative subdivision map has been approved on or after January 1, 2000 and prior to July 11, 2013, and that had not expired as of July 11, 2013 shall be extended by twenty four months.

(2) The determination of whether a tentative map expired prior to July 11, 2013 shall not include any extensions due to moratoria or lawsuits pursuant to Subsections 31-314(c) and (d) and shall include only:

a. Discretionary extensions approved prior to July 11, 2013;

b. Extensions pursuant to Subsection 31-314(a) or (b); and

c. Extensions provided for in Sections 66452.6, 66452.11, 66452.13, 66452.21, 66452.22, 66452.23, or 66453.5 of the Subdivision Map Act.

(3) Tentative maps may be additionally extended through other provisions of the Subdivision Map Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

A subdivider may request an exception to any regulation or requirement included in this chapter, consistent with the following application procedures and findings. This exception procedure shall not apply to modifications of zoning code requirements.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

An application for an exception to the regulations or requirements of this chapter shall be filed by the subdivider concurrent with the application for a tentative map, vesting tentative map, parcel map, or other application authorized by this chapter. The application shall be accompanied by a written statement identifying the special grounds or circumstances that will enable the required findings to be made.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

An application for an exception shall be considered concurrently with the application for a tentative map, vesting tentative map, parcel map, or other application. The requested exceptions shall be described in the required public notice given pursuant to Section 31-307, public notice requirements. An exception for any subdivision of five or more lots may be approved, conditionally approved, or denied by the city council. An exception for any subdivision of four or fewer lots may be approved, conditionally approved, or denied by the city planner with the concurrence of the city engineer; or by the planning commission, if the planning commission would otherwise review the parcel map.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

In approving or conditionally approving an exception to the regulations or requirements included in this chapter, the city council or city planner, as applicable, shall make the following findings:

(a) Because the land involved in the subdivision is of a size or shape, or is subject to title limitations of record, or is affected by topographical location or conditions, or is otherwise restricted, it is impossible or impracticable for the subdivider to conform fully to the regulations contained in this chapter.

(b) The subdivision is in conformity with the Subdivision Map Act, the general plan, any applicable specific plan, the zoning code, and other plans and policies adopted by the city council.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

All subdividers and applicants for any entitlement included in this chapter shall defend, indemnify, and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action, or proceeding against the city, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of any use, permit, or entitlement provided for in this chapter. The city shall promptly notify the subdivider or applicant of any such claim, action, or proceeding. Nothing contained in this section shall prohibit the city from participating in a defense of any claim, action, or proceeding if the city bears its own attorney's fees and costs, and the city defends the action in good faith.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)