§ 19.12

(a)

Any person proposing to create a major subdivision shall file a tentative map pursuant to this chapter with the Developmental Services Department. The City Council shall not approve a final map unless prior thereto a tentative map of the subdivision shown thereon shall have been filed with and reported on by the Planning Commission. Prior to filing a tentative map, the subdivider or his authorized agent may confer with

the Planning Director and the City Engineer regarding the preparation of the map. The rules and regulations adopted pursuant to Section 19.12.015 may make the pre-filing conference mandatory. A proposed tentative map may not be filed unless it conforms to the requirements of this chapter.

(b)

The Development Services Director shall not accept a tentative map for processing or filing unless the Director finds that:

(1)

The requirements of Title 18 (Environmental Review) of this Code have been met; and

(2)

All approvals required by Title 20 (Zoning) for the project have been given or issued.

(Ord. No. 91-903, 10-22-91)

(c)

Notwithstanding the provisions of Subsection (b), a tentative map may be processed concurrently with documents, permits or approvals required by the provisions of this Code referenced in Subsection (b) if the applicant for the tentative map first waives the time limits for processing, approving, conditionally approving, or disapproving the tentative map established by this Title or the Subdivision Map Act to the extent that those time limits may be shorter than the time period established by Government Code Sections 69650 et seq.

(Ord. No. 91-903, 10-22-91)

(d)

A tentative map may, but need not be, based on a detailed, accurate final survey of the property.

(a)

All tentative maps shall be in the form and shall contain and be accompanied by the data specified by this Title or by the rules and regulations approved by the Developmental Services Director and the City Council.

(b)

The Developmental Services Director shall not accept a tentative map for processing or filing unless the Developmental Services Director finds that:

(1)

The requirements of Title 20 (Zoning) of this Code have been met; and

(2)

That all approvals required by Title 20 for the project have been given or issued.

(c)

Notwithstanding the provisions of Subsection (b), a tentative map may be processed concurrently with documents, permits or approvals required by the provisions of this Code regarding conversion of mobilehome parks or zoning, if the applicant for the tentative map first waives the time limits for processing, approving, conditionally approving, or disapproving the tentative map established by this Title or the Subdivision Map Act to the extent that those time limits may be shorter than the time period established by Government Code Sections 65950 et seq.

At the time of filing a tentative subdivision map for a subdivision to be created from the conversion of a mobilehome park to another use, the subdivider shall also file a report specified by Section 19.12.030 of this Code. The subdivider shall make a copy of the report available to each resident of the mobilehome park within 15 days of the filing of the tentative parcel map. The subdivider may be required to mitigate the adverse impacts of the conversion on the ability of displaced mobilehome park residents to find adequate space in another mobilehome park.

(Ord. No. 91-903, 10-22-91)

A grading plan showing any grading proposed for the creation of building sites within the subdivision, drainage configuration, and for construction or installation of improvements to serve the subdivision shall be filed with each tentative map. The grading plan, together with the original topographical contours, shall be shown on the tentative map or on a separate sheet accompanying the tentative map. This plan shall indicate approximate earthwork volumes of proposed excavation and filling operations. Profile sections showing existing topographical contours along with proposed grading shall be submitted along with the grading plan. The grading plan shall conform to all requirements of Section 17.32.040. The level of detail required may be less than would be required for actual construction but shall be sufficient to permit analysis of all on-site and off-site environmental impacts and mitigation measures including, but not limited to, best management practices. The authority considering an application for a tentative map shall also consider the grading plan, and if the tentative map is approved or conditionally approved, the grading plan submitted under this section shall be marked to identify it as the grading plan that was a basis for approval of the tentative map. Any grading permit obtained pursuant to the Grading Code (Chapter 17.32) for the

subdivision shall conform to the grading plan thus marked, and any substantial deviation from this grading plan shall require an amendment to the grading plan under Chapter 17.32. In the event no grading is proposed, a statement to that effect shall be filed with the tentative map.

(Ord. No. 2001-1123, 11-27-01)

A preliminary title report for the property being subdivided issued not more than six months before the date of filing shall be filed with each tentative map.

The size of such tentative map shall be 18 inches by 26 inches and the scale shall not be less than 100 feet to the inch. When necessary, the size of the tentative map may be larger than 18 inches by 26 inches, but in no event shall such size exceed 24 inches by 36 inches.

Each tentative map shall contain the following information:

(a)

Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider.

(b)

A statement that the owner(s) has (have) no title or interest in title to property contiguous with or adjacent to the proposed subdivision and that the owner(s) consent to the filing of the tentative map. The statement shall be signed by the owner(s).

(c)

Name and address of registered civil engineer/licensed surveyor who prepared the maps.

(d)

North point, oriented to the top or left side of sheet.

(e)

Scale; vicinity map.

(f)

Date of preparation.

(g)

The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof.

(h)

Location and width of alleys.

(i)

Name, location and width of adjacent streets.

(j)

Lot lines and approximate dimensions and numbers of each lot.

(k)

Tax Assessor Parcel Number(s) of the property.

(l)

Preliminary soils report information, unless waived pursuant to Section 19.04.080.

(m)

Location and width of watercourses (both natural and man-made), areas subject to inundation from floods and location of structures, irrigation or drainage ditches and other permanent drainage features.

(n)

Contours at two-foot intervals, unless other contour intervals are approved for a map by the City Engineer.

(o)

Location of existing buildings and permanent structures.

(p)

Location of all major vegetation, major rock outcroppings or environmentally sensitive areas, showing size and type.

(q)

Legal description of the exterior boundaries of the subdivisions.

(r)

Width and location of all existing or proposed public or private easements.

(s)

Classification of lots as to intended residential, commercial, industrial or other uses.

(t)

Location of railroads.

(u)

Location of radii of curves.

(v)

Proposed name and City tract number of the subdivision.

(w)

Any proposed phasing by units.

(x)

Number of units to be constructed when a common interest development is involved.

(y)

Proximity to City boundaries.

(z)

Off-site data or information, including contours, existing structures, etc., for a minimum horizontal distance of 100 feet beyond the boundaries of the subdivision.

(aa)

Any other off-site data or information deemed necessary by the Developmental Services Director for the review of the submitted map.

The tentative map shall show, or be accompanied by, reports and written statements from the subdivider giving essential information regarding the following matters:

(a)

Source of water supply.

(b)

Type of street improvement and utilities which the subdivider proposes to install, along with the locations of existing and proposed utility facilities.

(c)

Proposed method of sewage disposal, including location of facilities.

(d)

Proposed storm water sewers or other means of drainage, including the location of such facilities and proposed drainage patterns.

(e)

Protective covenants or restrictions to be recorded by the subdivider.

(f)

Proposed tree planting.

(g)

The names and addresses of all agencies, whether public or private, which will provide fire protection, school, water, sewer, cable and electrical facilities for the property being subdivided.

(h)

A public facilities phasing plan consistent with Chapter 20.12 and the plans prepared pursuant to that Chapter.

(a)

Whenever a public hearing is required by this Title, notice shall be given as provided in Government Code Section 66451.3. The City Council may, by resolution, establish additional notice requirements.

(b)

Failure by any person to receive notice specified in this Section shall not invalidate any action taken pursuant to this Title.

(c)

The Director of Developmental Services may require the subdivider to give the notice required by this

Section. Whenever the subdivider is required by this Title or the Subdivision Map Act to give any notice, or provide any report or information to any person other than the City, the subdivider shall submit proof, sufficient to allow the Planning Commission or the City Council to find that the notice has been given or the reports or information provided. Such proof may include declarations under penalty of perjury.

(a)

The Developmental Services Director, or his designee, shall obtain, for the Planning Commission, the recommendation of the Planning Director, City Engineer, Public Works Director and the Fire Chief, or their authorized representatives, with respect to the design of the proposed subdivision and the kind, nature and extent of the proposed improvements. Recommendations may also be obtained from neighboring cities, affected special districts, CalTrans, the Office of Inter-Governmental Management, the State Department of Fish and Game, the Army Corps of Engineers, and any other person affected by, or interested in, the proposed subdivision, if such recommendations are found to be necessary.

(b)

Within ten days after the acceptance for filing of a tentative map, the Developmental Services Director shall send notice of filing thereof with information about the location, number of units, density and any other information relevant to school districts to the governing board of any school district, water district, sewer or sanitation district, or fire district within those boundaries the proposed subdivision is located. Such governing board shall make a written report thereon to the City indicating the impact of the proposed

subdivision and its recommendations within 20 working days after said notice was mailed, or the governing board shall be deemed to have approved the proposed subdivision.

(c)

The Developmental Services Director shall prepare a staff report to the Planning Commission containing recommendations regarding the tentative map. A copy of the staff report and recommendations shall be furnished 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 at least three days prior to any hearing or action on such map by the Planning Commission.

(d)

The Developmental Services Director shall set the map for public hearing before the Planning Commission.

(e)

The Developmental Services Director may delegate the duties under this Section.

The Planning Commission is authorized and directed to carry out the following actions:

(a)

Hold a public hearing on all tentative maps. Any interested person may appear at the hearing and be heard.

(b)

Investigate the design and improvements proposed for each subdivision on the tentative map filed with it and at the conclusion of the hearing on the map:

(1)

Approve, conditionally approve or disapprove the map; or

(2)

Continue the public hearing or refer the matter back to the staff for further review.

(c)

Whenever the Planning Commission approves, conditionally approves or disapproves a tentative map, it shall take such action within 50 days following the certification of the Environmental Impact Report, approval of a negative declaration or determination by the City that the project is exempt from the provisions of the California Environmental Quality Act, and shall announce its decision by resolution. Any decision to approve or conditionally approve a tentative map shall include a description, pursuant to the provisions of this Title, of the kind, nature and extent of any improvements required to be constructed or installed in or to serve the subdivision. Any decision to disapprove a tentative map shall be accompanied by a finding, identifying the requirements or conditions which have not been met or performed. If the

Planning Commission fails to act within the required time limit, the tentative map, as filed, shall be deemed approved, insofar as it complies with the applicable requirements of this Code, including, but not limited to, the provisions of this Title and the provisions relating to environmental review, the General Plan, zoning and growth management.

(d)

Whenever the Planning Commission approves or conditionally approves a tentative map, it shall also establish, 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 subdivision for which such tentative map if filed along with an appropriate time schedule for construction, installation or other provisions of the facilities. Improvements shall be constructed and installed in accordance with the City standards.

(e)

Whenever the Planning Commission approves, or conditionally approves, a tentative map providing for supplemental size of improvements, the establishment of benefit districts, the execution of reimbursement agreements or the setting of any fees under the provisions of Section 19.08.040 of this Code the map shall be filed with the City Clerk and shall be forwarded to the City Council which shall hold a public hearing on the issue of the improvements and fees.

(f)

Whenever a tentative map is processed concurrently with a request for a zone change, General Plan amendment or other zoning approval necessary for the development, the decision of the Planning Commission shall be considered a recommendation and the tentative map shall be heard by the City Council pursuant to Section 19.12.090. No appeal shall be necessary or appropriate in order to vest the Council with jurisdiction under this provision. The City Clerk shall notice the tentative map for hearing by the City Council concurrently with the hearing on the zone change, General Plan amendment or other zoning approval.

19.12.085 - Appeal of Planning Commission Decision.

(a)

The subdivider, any 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, or any other interested person may appeal to the City Council from any action of the Planning Commission with respect to a tentative map.

Any appeal shall be filed with the City Clerk within ten days after the date of the action of the Planning Commission from which the appeal is being taken and shall be accompanied by a filing fee in an amount established by City Council resolution. For the purposes of this Section, the date of the Planning Commission action shall be the date of adoption of a resolution regarding a subdivision, or if the Commission fails to adopt a resolution regarding a subdivision within the time period required by law, for Planning Commission action from the date that the subdivision is deemed approved.

Upon the filing of an appeal, the City Clerk shall set the matter for public hearing on the agenda of the first available Council meeting after the date of the filing of the appeal. For the purposes of this Section, the first available Council meeting is the first meeting at which a legally noticed public hearing can be held. Within ten days following the conclusion of the hearing, the City Council shall render its decision on the appeal. The hearing on an appeal shall be a de novo hearing and the City Council may approve, conditionally approve or deny the subdivision in the Council's discretion. No person shall raise a matter before the City Council which was not raised before the Planning Commission, unless the person can show that the matter is based on new information which was not available at the time of the Planning Commission hearing, or that the person for good cause was unable to raise the matter at the time of the Commission hearing. The decision of the City Council is final.

(b)

The decision of the City Council shall be consistent with the provisions of this Code and the Subdivision Map Act and shall be supported by appropriate findings.

(c)

If the City Council fails to act on an appeal within the time limits specified in this Section, the appeal shall be deemed denied and the Planning Commission decision shall be deemed to be the decision of the City Council.

(d)

Any interested person adversely affected by a decision of the Planning Commission regarding a subdivision which is not subject to appeal, may file a complaint with the City Council concerning that decision. The complaint shall be filed with the City Clerk within ten days after the action of the Planning Commission which is the subject of the complaint. Upon the filing of the complaint, the City Council shall set the matter for hearing. The hearing shall be held within 30 days after the filing of the complaint. The hearing shall be limited to the matters stated in the complaint and to the record of the Planning Commission hearing.

Upon conclusion of the hearing, the City Council shall, within seven days, declare its findings based upon the testimony produced before the Planning Commission. It may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission and may make any findings which are not inconsistent with the provisions of the Subdivision Map Act or this Title.

(e)

In the case of a conversion of residential real property to a common interest development project, notice of each hearing provided for in this Section shall be sent by United States mail to each tenant of the subject property at least three days prior to the hearing. The notice requirement of this paragraph shall be deemed satisfied if the notice complies with the legal requirements for service by mail. Pursuant to Section 66451.2 of the California Government Code, fees may be collected from the subdivider or from person appealing or filing a complaint for expenses incurred under this Section.

Whenever the City Council is required to consider a tentative map pursuant to Sections 19.12.080(f) or 19.12.085, they shall consider the matter and shall approve, conditionally approve or disapprove the tentative map within the time limits prescribed by the Subdivision Map Act after the date of the first public hearing set to consider the matter. The City Council shall announce its decision by resolution. Any decision to approve or conditionally approve a tentative map shall include a description, pursuant to the provisions of this Title, of the kind, nature and extent of any improvements required to be constructed or installed in, or to serve the subdivision. Any decision to disapprove a tentative map shall be accompanied by a finding, identifying the requirements or conditions which have not been met or performed. If the City Council fails to act within the required time limit, the recommendations of the Planning Commission regarding the tentative map shall be deemed to be the decision of the City Council in regard thereto.

(a)

A tentative map shall not be approved unless the decision-making body finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plans and any applicable zoning provisions of this Code and that all zoning approvals and permits required for the project have been given or issued. Approval or conditional approval of a map may be given concurrently with any zoning approval or permit required for the project by this Code.

(b)

A tentative map shall not be approved or conditionally approved if the decision-making body finds any of the following:

(1)

That the proposed map is not consistent with applicable general and specific plans, and with applicable zoning provisions of this Code.

(2)

That the design and improvements of the proposed subdivision are not consistent with applicable general and specific plans and with applicable land use and zoning provisions of this Code.

(3)

That the site is not physically suitable for the proposed type of development.

(4)

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

(5)

Unless an Environmental Impact Report was prepared in respect to the project and a finding was made pursuant to Section 21081(c) of the Public Resources Code, that specific economic, social or other

considerations make infeasible the mitigation measures or project alternatives identified in the Environmental Impact Report.

(6)

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

(7)

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 or property within the proposed subdivision. In this connection, the City Council may approve a map if they find 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.

(8)

That all requirements of the California Environmental Quality Act, as amended, ("CEQA") and the environmental protection provision of this Code, have not been met.

(9)

That the proposed map fails to meet or perform any of the requirements or conditions of this Title or the Subdivision Map Act.

(10)

In the case of conversions of residential real property to a common interest development, that all required notices and reports to tenants have not been or will not be sent as required by law.

(11)

Subject to the exceptions contained in Government Code Section 66474.4, the property is subject to a contract entered into pursuant to the Land Conversion Act of 1965 (Williamson Act) and the parcels resulting from the subdivision would be too small to sustain agricultural use. The determination of ability to sustain agricultural use shall be made according to the provisions to Government Code Section 66474.4.

(a)

The approval or conditional approval of a tentative map shall expire 24 months from the date the map was approved or conditionally approved unless it is extended pursuant to Section 19.12.110 of this chapter.

(b)

The time period specified in Subsection (a), including any extension thereof, shall not include any period of time during which a development moratorium, as defined in Government Code Section 66452.6, imposed

after approval of the tentative map, is in existence; provided, however, that the length of such moratorium does not exceed five years.

(c)

The period of time specified in Subsection (a), including any extension thereof granted pursuant to Section 19.12.110, shall not include any period of time during which a lawsuit involving the approval or conditional approval of the tentative map is, or was, pending in a court of competent jurisdiction, if a stay of such time period is approved by the City Council pursuant to this Subsection. An application for a stay must be filed by the subdivider in writing with the Director of Developmental Services within ten days of service on the City of the initial petition or complaint in such lawsuit. The application shall state the reasons for the requested stay and include names and addresses of all parties to the litigation. The Director of Developmental Services shall notify all parties to the litigation of the date when the application will be heard by the City Council. Within 40 days after receiving such application, the City Council shall approve or conditionally approve the stay for up to five years or deny the requested stay.

(d)

Prior to expiration of the tentative map, a final map conforming to the approved or conditionally approved tentative map may be filed with the City Council for approval if all of the following have been met:

(1)

All required certificates or statements on the final map have been signed and, where necessary, acknowledged;

(2)

The City Engineer has determined that the final map conforms with the requirements of this Title, the Subdivision Map Act and the tentative map and has so stated on the map; and

(3)

The City Attorney has approved the final map as to form.

(e)

The final map shall be deemed final with the City Council on the date which the complete map is received by the City Clerk. Once a timely and complete filing of a final map for approval by the City Council has been made pursuant to this Code, subsequent actions of the City, including, but not limited to, processing, approving or recording may occur after the date of expiration of the tentative map.

(a)

A tentative map for which the filing of multiple or "phased" final maps is not authorized may be extended as follows:

(1)

The subdivider may request an extension of the approved or conditionally approved tentative map by written application to the Developmental Services Department. The application shall be filed not more than 90 days before the date of expiration as established by Section 19.12.100. The application shall state the reasons for the requested extension.

(2)

At any time within 60 days after the expiration of the approved or conditionally approved tentative map for which timely application for extension was filed, the Planning Commission may extend the map for a period or periods not exceeding a total of three years. The determination as to whether an extension for a longer period is warranted shall be made giving consideration to the scope of the project, the previous expenditures made by the subdivider in furtherance of the subdivision, and the effect of the extension of the map on the community. An extension shall not be granted or conditionally granted for the subdivision unless the Planning Commission finds that the design and improvements, including public facilities phasing, of the subdivision are consistent with the General Plan, any applicable specific plan, this Title and the provisions of Title 20 (Zoning) of this Code. When granting or conditionally granting an extension, the Planning Commission shall also find that the subdivider is diligently pursuing those acts required to obtain a final map for the subdivision. In granting an extension, the Planning Commission may impose new conditions and may revise existing conditions. The Planning Commission decision to deny or further condition an extension may be appealed by any interested party to the City Council. The appeal shall be filed in writing with the City Clerk within ten days of the Planning Commission's decision. Denial of an extension shall be at the sole discretion of the Planning Commission and City Council.

(b)

A tentative map for which the filing of multiple or "phased" final maps has been authorized, may be extended as follows:

(1)

If the subdivider is not subject to a requirement to construct or improve, or finance the construction or improvement of public improvements outside the boundaries or the tentative map, the cost of which is $125,000.00 or more, as determined at the time of the tentative map approval, then the subdivider may request an extension to the provisions of Subsection (a) of this Section.

(2)

When the subdivider is subject to a requirement to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, the cost of which is $125,000.00 or more, as determined at the time the tentative map is approved, then each filing of a final map authorized by Section 19.20.020(c) of this Code shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date it would otherwise have expired as provided in this Section or the date of the previously filed final map, whichever is later. The total combined time for extensions under this Section and Subsection (b)(1) shall not exceed ten years from the date of the approval or conditional approval of the tentative map. However, a tentative map for property subject to a development agreement authorized by the State Government Code and City implementing ordinance may

be extended for the period of time provided for in the agreement but, not beyond the duration of the agreement.

(3)

"Public improvements" include traffic controls, roads, streets, highways, freeways, bridges, over-crossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. The provisions of this Subsection shall be the sole method for extending maps for which multiple or phased final maps may be filed. Improvements on or abutting the boundaries of the subdivision shall not be considered to be outside the subdivision.

(4)

The $125,000.00 limit established by inspection shall be periodically increased as provided in Section 66452.6 of the Subdivision Map Act.

(c)

Extensions of vesting tentative maps shall be governed solely by the provisions of Chapter 19.17 of this Title and by the provisions of Subsection (b)(2) of this Section.

(a)

Where a subdivider desires to revise or alter a proposed subdivision for which a tentative map has previously been approved, the subdivider may file with the Department of Developmental Services, a revised tentative map subject to payment of the required fees.

(b)

A revised tentative map shall conform to the following requirements:

(1)

The proposed subdivision shown on such map shall include only one contiguous area consisting of all or a portion of the subdivision shown on the approved tentative map together with such additional land, if any, as the subdivider desires to include.

(2)

The map shall contain all of the information required on tentative maps and shall be accompanied by such data as is required to be filed with tentative maps.

(c)

A revised tentative map shall be filed within 18 months after the approval of the tentative map by the City Council, or Planning Commission for tentative maps which it is authorized by this Title to approve or conditionally approve or, if an extension of time is granted, within the period specified in such extension.

(d)

Upon the filing of a revised tentative map and payment of the prescribed fee, such revised tentative map shall be treated in all respects as an original tentative map and shall be processed, approved, conditionally approved or disapproved in the same manner as a tentative map. Upon approval of a revised tentative map, the subdivider shall have 18 months from the approval or conditional approval of the revised tentative map within which to obtain the final map. Approval of a revised map shall void the prior map.

The vesting tentative map may be filed and processed in the same manner and subject to the same requirements as a tentative map except as provided in this chapter and Chapter 19.17 of this Title.

CHAPTER 19.16 - MAJOR SUBDIVISIONS—REQUIREMENTS