Chapter 12.32 — TENTATIVE AND FINAL PARCEL MAPS

When a parcel map is required for a subdivision pursuant to this article, the procedures of this chapter shall be applicable. (Prior code § 21-4.1; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

The subdivider shall cause the tentative parcel map to be prepared by or under the direction of a registered civil engineer or licensed land surveyor. The tentative parcel map shall be in full conformance with the requirements of this chapter, application requirements published by the community development director, and shall be clearly and legibly drawn. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. (Prior code § 21-4.2(a); Ord. 1418 § 3, 1983; Ord. 1947, 4/9/2024)

The tentative parcel map shall have the following information, unless a specific requirement is waived by the community development director:

1. The tentative project name, if determined, and the tentative parcel map number;

2. Date of preparation;

3. North arrow;

4. Scale;

5. The names and addresses of all parties having any interest in the real property being subdivided;

6. Names, addresses, and registration stamp of the person(s) who prepared the map;

7. Existing and proposed contour lines and sources of contour information;

8. Existing and proposed streets;

9. Existing and proposed sidewalks;

10. Proposed lot lines and dimensions;

11. Proposed areas for public use;

12. Existing or proposed public or private easements, including but not limited to conservation or open space easements;

13. Approximate percent of grades on streets;

14. Areas of lots in square footage; front footages and widths of lots, and approximate location of all existing buildings on the property which are to be retained;

15. Proposed method of water supply for domestic purposes and for fire protection;

16. Proposed method of sewage disposal;

17. Project boundary approximate dimensions with legal descriptions;

18. In cases where the effective use of the land to be developed necessitates grading, proposed grading by means of both contour lines and supplementary cross sections through the property;

19. Any geologic information required by state law or by the community development director or the city engineer;

20. Lot numbers in consecutive sequence, or lot letters for public or dedication lots;

21. Assessor's parcel numbers;

22. Approximate locations of areas subject to inundation or flooding and the location, width and direction of flow of all water courses;

23. Location of all existing structures and all heritage trees and street trees;

24. Sufficient blank spaces for all certificates of community development director and city engineer, signatures, and notes;

25. Ties to the property in relation to the adjacent land and adjacent public streets or street intersections;

26. A vicinity map;

27. A title report prepared within six months prior to the filing of the application;

28. A description of landscaping, fences, bridges, gates, or other proposed improvements which may not be fully shown on the map;

29. A statement of the time when improvements are proposed to be completed;

30. Proposed tract or deed restrictions, if any;

31. Information as required by the community development director to allow a determination on environmental review to be made in accordance with the California Environmental Quality Act;

32. A signed statement of compliance indicating whether the proposed project is located on a hazardous waste and substance site as defined in the Government Code Sections 65940 and 65962.5(f) ;

33. An existing and proposed site plan to scale, including the location and configuration of all lots and buildings, setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse, waste, and recycling areas, proposed grading and drainage, the square footage and location of easements and other significant site features.

34. Depending upon the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, photometric analysis, color schemes, color elevations, and color and materials boards may be required by the community development director;

35. The community development director may require other drawings, date, or information deemed necessary by the department to accomplish the purposes of the Subdivision Map Act or this title.

(Prior code § 21-4.2(b); Ord. 1352 § 1, 1980; Ord. 1728 § 3, 2007; Ord. 1947, 4/9/2024)

The subdivider shall file an application for a grading permit pursuant to Chapter 12.08 of this code with the tentative parcel map whenever grading is necessary in connection with the development of the subdivision to the extent that a grading permit is required. (Prior code § 21-4.2(c); Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

Where the Alquist-Priolo Special Studies Zones Act (Public Resources Code, Section 2621 et seq.) requires that as a condition of approval of a project at the location of the proposed subdivision a geologic report defining and delineating any hazard of surface fault rupture, such report shall be filed prior to consideration of the tentative parcel map.

(Prior code § 21-4.2(d); Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

• A. A preliminary soils report, prepared by a civil or soil engineer registered in California and based upon adequate test borings in pits shall be submitted at the time of the filing of the tentative parcel map.

• B. Such report may be waived by the community development director if the director finds that there is sufficient information in the possession of the city as to the qualities of the soil in the subdivision so that no preliminary analysis is necessary.

• C. If the city has information of, or if the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, the community development director may require a soils investigation of each lot in the

subdivision. Such soils investigation shall be done by a civil engineer registered in California, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the areas where such soils problems exist.

• D. The community development director may approve the tentative parcel map where such soil problems exist if the director determines that the recommended action is likely to prevent structural damage to each structure to be constructed. A condition of approval of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(Prior code § 21-4.2(e); Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

A drainage study prepared by a civil engineer registered in California shall be submitted at the time of the filing of the tentative parcel map.

(Prior code § 21-4.2(f); Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

When a subdivider proposes to subdivide a portion of a larger parcel, the subdivider shall demonstrate in a master plan drawing how the proposed subdivision shall relate to the future development of the remainder of the parcel. (Prior code § 21-4.3; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

Based on the application requirements published by the community development director, subdivider shall submit the tentative parcel map and all other supporting information to the community development director. Upon such submittal, the application shall be deemed to be filed. (Prior code § 21-4.5; Ord. 1352 § 1, 1980; Ord. 1728 § 5, 2007; Ord. 1947, 4/9/2024)

When the tentative parcel map is filed, the community development director shall transmit copies thereof to the city engineer, fire marshal, chief of police, director of community services, persons in charge of cable television, sewer and water operations, electric, gas and telecommunications utilities, school districts having jurisdiction within the city, and such other public agencies as the community development director deems advisable. Upon such transmittal, the community development director shall advise each recipient that comments regarding the tentative parcel map must be submitted to the director within thirty days of the date of transmittal. (Prior code § 21-4.6; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

The community development director may engage the services of certain consultants to include, but not be limited to, the following: Engineering geologist, soil engineer, landscape architect and seismologist. The director may request the consultants to review the plans for the subdivision and to submit a written report. The subdivider shall be responsible for reimbursement to the city for any cost it incurs for use of any consultants.

(Prior code § 21-4.7; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

• A. Within ten days of the filing of the tentative parcel map, the community development director shall send a notice of the filing of the map to the governing board of any school district within the boundaries of which the subdivision is proposed to be located.

• B. Such notice shall contain information about the location of the proposed subdivision, the number of units, density and other information which would be relevant to the district.

• C. If the governing board of the district fails to respond within twenty working days of the date on which the notice was mailed to the school district for comment, such failure to respond shall be deemed approval of the proposed subdivision.

(Prior code § 21-4.8; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

When the review of the tentative parcel map shall have been completed, the community development director shall prepare a report and analysis of the proposed tentative parcel map, which shall detail wherein the proposed subdivision does or does not conform with the requirements of this chapter. The report shall be mailed to the subdivider and to 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 not less than three days prior to the public hearing on the application, except if and to the extent that such notice is waived. Fees may be collected from the subdivider for expenses incurred under this section. (Prior code § 21-4.9; Ord. 1418 § 4, 1983; Ord. 1947, 4/9/2024)

The following conditions are standard conditions of approval of all tentative parcel maps. Unless specifically modified or waived pursuant to this chapter, such conditions shall apply to the approval of each tentative parcel map. The community development director shall cause each approval of such map to indicate that the approval is subject to all standard conditions of approval as set forth in this section, except as specifically waived or modified, however, nothing in this section limits the authority of the community development director to impose additional conditions of approval as may be necessary or appropriate in order to: (1) ensure compliance with applicable subdivision standards and requirements; (2) enable the city to make the necessary findings to approve the subdivision; or (3) as necessary to protect the general public health, safety, or welfare. Such conditions shall be applicable to all tentative parcel maps deemed approved by operation of law for failure to take formal action within the period required by law. The conditions are:

• A. The city reserves the right to require the subdivider to provide easements for public utilities as needed.

• B. Prior to recordation of the final parcel map, an improvement plan for public improvements shall be submitted by the subdivider to the city for review and comment.

• C. Prior to recordation of the final parcel map, the subdivider shall submit to the city for review and comment a schedule of development plan.

• D. Prior to the recordation of the final parcel map, the subdivider shall enter into a master subdivision agreement with the city.

• E. Prior to the recordation of the final parcel map, a final electrical plan for the installation of street lights shall be submitted by the subdivider for review and comment.

• F. Prior to the recordation of the final parcel map, the subdivider shall submit to the city for review and comment a landscape planting plan.

• G. Prior to the recordation of the final parcel map, the subdivider shall submit to the city an appraisal report which indicates the value of the improved land as a result of the subdivision to determine in-lieu fees.

• H. Prior to the recordation of the final parcel map, the subdivider shall submit to the city a recreation fee per Chapter 12.260 .

• I. Prior to the issuance of a city building permit, a maintenance of landscaping agreement shall be signed by the subdivider for the maintenance of the proposed street trees, which agreement shall run with the land and be binding upon successors in interest of the subdivider.

• J. The city reserves the right to require full replacement of existing curb, gutter, and sidewalk improvements along the frontage of the subdivision.

(Prior code § 21-4.10; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

• A. The community development director shall schedule a public hearing at which the tentative parcel map shall be considered.

• B. Not less than ten days before the public hearing, the community development director shall give notice of the time and place thereof and a general description of the location of the subdivision or proposed subdivision by at least one publication in a newspaper of general circulation printed and published in the county and circulated in the city.

• C. Not less than ten days prior to such hearing there shall be mailed, postage prepaid, a notice of the time and place of such hearing and a general description of the location of the subdivision or proposed subdivision to all persons whose names and addresses appear on the last equalized assessment roll as owning real property within three hundred feet from the exterior boundaries of the proposed subdivision. In the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, such notice shall also be given 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 right to appear and the right to be heard. Fees may be collected from the subdivider for expenses incurred under this section.

• D. The community development director shall conduct a public hearing on the application for the tentative parcel map.

• E. Failure to receive the notice required by this section shall not invalidate any action taken pursuant to this article.

(Prior code § 21-4.11; Ord. 1352 § 1, 1980; Ord. 1418 § 5, 1983; Ord. 1947, 4/9/2024)

The community development director shall not approve a tentative parcel map unless, with regard to the project for which tentative parcel map approval is sought, the director shall have determined, pursuant to the California Environmental Quality Act (CEQA), or regulations promulgated thereunder:

• A. That the project is exempt from CEQA; or

• B. That a negative declaration for the project shall have been certified; or

• C. That a final environmental impact report (EIR) for the project shall have been reviewed, considered and certified.

(Prior code § 21-4.12(a); Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

• A. Not later than fifty days after the filing of the tentative parcel map, the community development director shall approve, conditionally approve, or disapprove it and shall report his or her action to the subdivider, unless the subdivider shall have authorized an extension for such action in writing. The community development director shall comply with the time periods referred to in Section 21151.5 of the Public Resources Code, within the time limits set forth in this subsection. However, for environmental determinations set forth in Section 12.32.170(B) or 12.32.170(C) , the fifty day time limit shall begin on the day of the environmental determination.

• B. No routine waiver of the time limits shall be required as a condition of accepting the application for the tentative parcel map unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same development project.

• C. At the time that the subdivider makes an application for approval of a tentative parcel map, the community development director shall determine whether or not the city is able to meet the time limits specified by law for reporting and acting on maps. If the community development director determines that the city will be unable to meet such time limits, the city shall, upon request of the subdivider and for the purpose of meeting such time limits, contract or employ a private entity or persons on a temporary basis to perform such services as necessary to permit the city to meet such time limits. However, the city need not enter into such a contract or employ such persons if the community development director finds that: (1) no such entities or persons are available or qualified to perform such services; or (2) the city would be able to perform services in a more rapid fashion than would any available and qualified persons or entities.

• D. Such entities or persons may, pursuant to an agreement with the city, perform all functions necessary to process the tentative parcel map and final parcel map and to comply with other requirements imposed pursuant to the Subdivision Map Act and this article, except those functions reserved to the city council. The city may charge subdividers fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section.

• E. If no action is taken upon the tentative parcel map by the community development director within said fifty day time period, or any authorized extension thereof, the tentative parcel map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of the Subdivision Map Act, this article, the California Environmental Quality Act, and this code.

• (Prior code § 21-4.12(b); Ord. 1418 § 6, 1983; Ord. 1947, 4/9/2024)

After the conclusion of the public hearing, the community development director shall approve the tentative parcel map if the director makes all of the following findings:

• A. The proposed parcel map, together with the provisions for its design and improvement, is consistent with the general plan and any specific plan as specified in Section 65451 of the Government Code. This subsection shall not be applicable to condominium projects or stock cooperatives which consist only of the subdivision of airspace in an existing structure unless such general plan contains definite objectives and policies, specifically directed to the conversion of existing buildings into condominium projects or stock cooperatives.

• B. The real property to be subdivided, and each lot or parcel to be created, is of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, geologic hazard or other menace;

• C. Each lot or parcel to be created will constitute a buildable site and will be capable of being developed in accordance with the applicable provisions of the zoning ordinance;

• D. The site is physically suitable for the type and proposed density of development;

• E. The design of the subdivision and improvements, and the type of improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, or to cause serious public health problems;

• F. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The community development director may approve a map if the director 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 only be applicable to easements of record or easements established by judgment in a court of competent jurisdiction.

• G. The proposed subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities such as: (1) passive or natural heating opportunities in subdivision design, include design of lot size and configuration to permit orientation of a structure in an eastwest alignment for southern exposure; and (2) passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

• H. The effect of approving the proposed subdivision on regional housing needs has been considered and balanced against the public service needs of the community and available fiscal and environmental resources.

(Prior code § 21-4.12(c); Ord. 1352 § 1, 1980; Ord. 1418 § 7, 1983; Ord. 1947, 4/9/2024)

The community development director shall deny approval of a tentative parcel map if the director makes any of the following findings:

• A. That the proposed map is not consistent with the general plan or any applicable specific plan as specified in Section 65451 of the Government Code. This subsection shall not apply to condominium projects or stock cooperatives which consist only of the subdivision of airspace in an existing structure unless such general plan contains definite objectives and policies, specifically directed to the conversion of existing buildings into condominium projects or stock cooperatives.

• B. That the design or improvement of the proposed subdivision is not inconsistent with the general plan or any applicable specific plan;

• 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 and their habitat:

• F. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

• G. That 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, and that no alternative easement for access or for use will be provided which will be substantially equivalent to ones previously acquired by the public.

• H. That the proposed subdivision does not provide, to the extent feasible, for future passive or natural heating or cooling opportunities such as: (1) passive or natural heating opportunities in subdivision design, include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure; and (2) passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

• I. The effect of approving the proposed subdivision on regional housing needs has been considered and does not offset the negative impacts to public service needs of the community and available fiscal and environmental resources.

(Prior code § 21-4.12(d); Ord. 1352 § 1, 1980; Ord. 1418 § 8, 1983; Ord. 1947, 4/9/2024)

Where a map fails to meet or perform any requirement imposed by the Subdivision Map Act or by this chapter, the community development director may nevertheless approve the map if the director finds that the failure of the map is the result of a technical or inadvertent error which, in his or her judgment, does not materially affect the validity of the map.

(Prior code § 21-4.12(e); Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

• A. In determining whether to approve or disapprove an application for a tentative parcel map, the community development director shall apply only the ordinances, policies, and standards in effect at the date the city has determined that the application is complete pursuant to Section 65943 of the Government Code.

• B. However, if the city has formally initiated proceedings by way of ordinance or resolution and has published notice in the manner prescribed in subdivision (a) of Government Code Section 65090 containing a description sufficient to notify the public of the nature of the proposed change in the applicable general or specific plans, or zoning or subdivision ordinances before it has received the completed application, the community development director may apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date the community development director approves or disapproves the tentative parcel map.

• C. If the subdivision applicant requests changes in applicable ordinances, policies, or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the applicant's request shall apply.

• (Prior code § 21-4.12(f); Ord. 1418 § 9, 1983; Ord. 1947, 4/9/2024)

Notice of approval, denial or conditional approval shall be mailed to the subdivider by the community development director within ten days of the action on the map.

(Prior code § 21-4.13; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

A subdivider may withdraw the tentative parcel map application by transmitting written notice of withdrawal to the community development director. No refund in filing fee for any such map withdrawn shall be made.

(Prior code § 21-4.14; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

• A. An approved or conditionally approved tentative parcel map shall expire twenty-four months after its approval or conditional approval.

• B. The expiration of the 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 within the tentative parcel map shall be filed without first processing a new tentative parcel map. Once a timely filing is made, subsequent actions of the city, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative parcel map.

• C. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative parcel map, the time at which the map expires may be extended by the community development director for a period or periods not exceeding a total of three years. If the community development director denies a subdivider's application for extension, the subdivider may appeal to the planning commission pursuant to Chapter 12.64 . Planning commission decisions on appeals may be appealed to the city council pursuant to Chapter 12.64 .

• D. The period of time specified in subsection A shall not include periods of time described in subsections (a) and (c) of Section 66452.6 of the Government Code.

• (Prior code § 21-4.15; Ord. 1418 § 10, 1983; Ord. 1947, 4/9/2024)

An approved tentative parcel map may be amended by filing an application therefor in map form and in writing with the community development director. Such application shall be processed in the same manner as an original application for a tentative parcel map. (Prior code § 21-4.16; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

The procedure for processing a final parcel map shall be as set forth in Chapter 12.40 ; provided, however, that the city engineer shall be responsible for approval, conditional approval, or disapproval of final parcel maps and is hereby authorized to accept or reject dedications or offers of dedication. (Prior code § 21-4.17; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

• A. Upon receipt by the city engineer of the final parcel map and the other data submitted therewith, the city engineer and the community development director shall, within fifteen days of the date

of filing, examine the final parcel map to determine that the subdivision as shown thereon is substantially the same as it appeared on the tentative parcel map and that all provisions of the Subdivision Map Act and of this chapter which were applicable at the time of approval of the tentative parcel map have been complied with.

• B. If the city engineer and the community development director determine that full conformity therewith has not been made, they shall advise the subdivider of the changes or additions that shall be made for such purpose.

• C. If the city engineer and the community development director determine that full conformity therewith has been made, they shall so certify on the tracing of such map and shall transmit such map to the city clerk.

• D. The city clerk shall certify on the tracing of such map that such map is ready for recordation. (Prior code § 21-4.18; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

After the approval of a final parcel map, the city clerk shall transmit such map directly to the county recorder.

(Prior code § 21-4.19; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

• A. After a final parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map:

  1. To correct an error in any course or distance shown thereon; or

  2. To show any course or distance that was omitted therefrom; or

  3. To correct an error in the description of the real property shown on the map; or

  4. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or

  5. To show the proper location or character of any monument which has been changed in location or character which originally was shown at the wrong location or incorrectly as to its character; or

  6. To correct any other type of map error or omission as approved by the city engineer which does not affect any property right. Such errors and omissions may include, but are not limited to, lot 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 is not ascertainable from the data shown on the final parcel map.

• B. The amending map or certificate of correction shall be prepared and signed by a civil engineer or land surveyor. An amending map shall conform to the requirements of Section 66445 of the Government Code. 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. The map shall be filed with the community development director.

• C. The amending map or certificate of correction certified by the city engineer shall be filed with the county recorder.

(Prior code § 21-4.20; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)