Chapter 19.24 — MINOR SUBDIVISION—PROCEDURE

No person shall create a minor subdivision except by the filing of a parcel map approved pursuant to this Title and the Subdivision Map Act, unless the requirement for a parcel map is waived pursuant to Section 19.24.150. The provisions of this chapter shall not apply to:

(a)

The conveyance, transfer, creation or establishment of an easement for sewer, water or gas pipelines and appurtenances or electrical or telephone poles and lines or conduit and appurtenances.

(b)

The leasing of a dwelling on a lot which, together with all contiguous land owned by the same person or persons, has an area of less than 12,000 square feet.

(c)

The conveyance or transfer of land or any interest thereon by or to the United States, State, County, City, school district, special district or public utility.

Any person proposing to create a minor subdivision pursuant to this Title shall file with the City Engineer a tentative parcel map pursuant to the provisions of this chapter; provided, however, an adjustment plat may be filed in lieu of a tentative parcel map pursuant to Section 66450 of the Subdivision Map Act unless prior thereto, a tentative parcel map of the minor subdivision shown thereon shall have been filed with and approved by the City Engineer or, on appeal, by the City Council. When an adjustment plat is authorized, it shall be processed according to Chapter 19.36 of this Title.

(a)

A subdivider applying for a minor subdivision plat shall file an application with the City Engineer, together with copies of a tentative parcel map.

(b)

The City Engineer shall not accept an application or map for processing unless the City Engineer finds that the parcel map or adjustment plat is consistent with the zoning provisions of this Code and that all approvals and permits required by Title 20 for the project have been given or issued.

(c)

Notwithstanding the provisions of Subsection (b), a tentative parcel map may be processed concurrently with documents, permits or approvals required by the zoning provisions of this Code if the applicant first waives the time limits for processing, approving or conditionally approving or disapproving a tentative parcel map or adjustment plat provided by this Title or the Subdivision Map Act if that time period would be shorter than the pre-period established by Government Code Section 65950.

Such information as may be prescribed by the rules and regulations approved by the City Council pursuant to Section 19.04.060 of this Title and such additional information as the City Engineer may find necessary with respect to any particular case to implement the provisions of this Title shall accompany the tentative parcel map or adjustment plat at the time of submission.

There shall be filed with each tentative parcel map a grading plan showing graded building site elevations, drainage configurations, and grading proposed for the creation of building sites or for construction or installation of improvements to serve the subdivision. The grading plan, together with the original topography contours, may be shown on the tentative map. The grading plan shall indicate approximate earthwork volumes of proposed excavation and filling operations. Profile sections, taken through the site, 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 parcel map shall also consider the grading plan, and if the tentative parcel 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 parcel 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 placed on the tentative parcel map.

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

There shall be filed with each tentative parcel map, a current preliminary title report of the property being subdivided or altered.

19.24.070 - Replacement Tentative Parcel Map.

A replacement tentative parcel map shall be submitted when the City Engineer finds that the number or nature of the changes necessary for approval are such that they cannot be shown clearly or simply on the original tentative parcel map.

Where a subdivider desires to revise an approved tentative parcel map, he may file with the City Engineer, prior to the expiration of the approved tentative parcel map, a revised tentative parcel map on payment of the fees specified in Section 19.08.060.

The City Engineer is authorized and directed to carry out the following duties, concerning applications for tentative parcel maps or adjustment plats:

(a)

Obtain the recommendations of other City departments, governmental agencies or special districts as may be deemed appropriate or necessary by the City Engineer in order to carry out the provisions of this Title.

(b)

Investigate each tentative parcel map filed pursuant to this chapter and indicate by written report the kind, nature and extent of improvements required to be installed on or to serve the land to be divided.

(c)

Refer the application or tentative parcel map to the Planning Director for a report concerning consistency with the zoning provisions of this Code for any tentative parcel map containing proposed panhandle or flagshaped lots that do not meet the minimum lot width requirements of the zone, but which may be permitted pursuant to the zoning ordinance. The matter shall be referred to the Planning Commission for decision. The processing of such maps shall be deferred until the Planning Commission has determined whether or not to approve the panhandle lots. If such lots are not approved, the City Engineer shall disapprove the map. If such lots are approved by the Planning Commission, the City Engineer shall continue to process the map in accordance with this chapter.

(d)

Approve, conditionally approve or disapprove tentative parcel maps, and report as provided in this chapter the approval, conditional approval or disapproval directly to the subdivider.

(e)

Waive the requirements for filing and recordation of a parcel map for certain subdivisions as provided for in this Title.

The responsibilities of the City Council, pursuant to Sections 66437.5, 66474, 66474.1 and 66474.6 of the Subdivision Map Act and the responsibilities of the Planning Commission, pursuant to Section 65402 of the

Government Code and this Code are assigned to the City Engineer with respect to those tentative parcel maps filed pursuant to this chapter.

Within ten working days after a tentative parcel map has been filed, the City Engineer shall transmit copies of the map, together with accompanying information, to such public agencies and public and private utilities as the City Engineer determines may be concerned. Each of the public agencies and utilities may, within ten working days after the map has been sent to such agency, forward to the City Engineer a written report of its findings and recommendations thereon.

Within ten working days after the tentative parcel map has been filed, the City Engineer shall notify, by first class mail, all property owners as shown on the last equalized county assessment roll(s) as owning property located within a radius of five hundred feet of the proposed project that the tentative parcel map has been filed. Each such person may request, in writing, the opportunity to be heard on the tentative parcel map. Such written request must be filed with the City Engineer within 15 days after the mailing of the notice. Failure to so file shall be deemed a waiver of the rights under this Section. If written request to be heard is

filed by any property owner receiving such notice, the property owner shall receive all notices required by Section 19.24.120 and may request or shall be permitted to be heard at a review pursuant thereto. The notice required by this Section shall include a brief description of the project as proposed on the tentative parcel map, and shall inform each property owner of their rights pursuant to this Section. Whenever a tentative parcel map is for the conversion of existing residential real property to a common interest development project, the notice required by this Section shall be sent to all tenants of the project and shall include notification of the tenant's rights to appear and be heard. The failure of any person to receive the notice specified herein shall not invalidate any action taken pursuant to this Title.

At the time of filing a tentative parcel 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 19.16.030. In determining the impact of the conversion on displaced mobilehome park residents, the report shall address the availability of adequate replacement space in mobilehome parks. 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 shall also provide all notices required by this Code. The City Engineer may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displace mobilehome park residents to find adequate space in a mobilehome park and shall make all the findings required.

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 City Engineer to find that the notice has been given or the reports or information provided. Such proof may include declarations under penalty or perjury.

(a)

Within 50 calendar days after a tentative parcel map is filed, the City Engineer shall approve, conditionally approve or disapprove such map. The time limit specified in this paragraph may be extended by mutual consent of the applicant and the City Engineer. If the tentative map is disapproved, the reasons therefore shall be stated in the notice of disapproval.

(b)

The City Engineer shall notify the subdivider of his preliminary decision to conditionally approve or disapprove a tentative parcel map, along with the conditions of conditional approval or the reasons for disapproval, within 40 days after the tentative parcel map is filed. If the applicant is dissatisfied with such preliminary decision or with any condition pertaining thereto, he may request in writing that such preliminary decision be reviewed. Such request must be received by the City Engineer within ten calendar days after the date of the preliminary decision, but in no case later than 49 calendar days after the tentative parcel map is filed.

Upon receipt within the time prescribed of the written request for review of a preliminary decision, the City Engineer shall arrange a time and place for such review, and shall notify the applicant and appropriate City departments and agencies thereof. In the event that a review cannot be arranged or completed prior to 50 days after the tentative parcel map is filed, the request for review shall be deemed to constitute consent of the applicant to extend for a reasonable period not to exceed ten working days the time limit in which the City Engineer must approve, conditionally approve or disapprove the tentative parcel map. After completion of the review, the City Engineer shall render his final approval, conditional approval or disapproval of the tentative parcel map as provided in this Section.

In the event no written request for review is received within the time prescribed, the preliminary decision shall become final and the subdivider shall be so notified as provided in this Section.

(c)

The subdivider shall be informed of the preliminary decision and of the final decision of the City Engineer by written notice. Notice shall be deemed to have been given upon deposit of the notice in the United States mail addressed to the subdivider or applicant with postage thereon prepaid.

The City Engineer shall not approve a tentative parcel map under any of the following circumstances:

(a)

The land proposed for division is a lot or parcel which was part of a parcel map which was approved or recorded less than two years prior to the filing for approval of the subject tentative parcel map where the total number of lots created by all maps exceeds four.

(b)

The land proposed for division is a lot or parcel created illegally, unless the lot or parcel has been approved by the City Engineer or, on appeal, by the City Council and a Certificate of Compliance relative thereto has been filed with the County Recorder.

(c)

The subdivision proposes creation of five or more lots.

(d)

The City Engineer finds that the tentative parcel map does not meet the requirements of this Code or that all approvals or permits required by this Code for the project has not been given or issued.

(e)

The land proposed for division is a lot or parcel that was part of an approved tentative map wherein the parcel map requirement was waived and a Certificate of Compliance has been filed with the County Recorder pursuant to this Title.

(f)

The City Engineer makes any of the following findings:

(1)

The proposed map is not consistent with applicable general and specific plans and applicable provisions of Title 20.

(2)

The design or improvement of the proposed subdivision is not consistent with the applicable provisions of Title 20.

(3)

The site is not physically suitable for the type of development.

(4)

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

(5)

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

The design of the subdivision or the type of improvements is likely to cause serious public health problems.

(7)

The design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the City Engineer may approve a map if he finds that alternate easements for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

(8)

In the case of the conversion of residential real property to a common interest development project, that any of the notices to tenants required by law have not been or will not be given as required by the Subdivision Map Act.

Any decision to disapprove a tentative parcel map shall be accompanied by a finding identifying the requirements imposed by the Subdivision Map Act and this Title or the conditions of approval which have not been met or performed.

(9)

Subject to the exceptions contained in Section 66474.4 of the Government Code, that the property is subject to a contract entered into pursuant to the Land Conservation 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 of Section 66474.4 of the Government Code.

19.24.140 - Appeal to the City Council.

(a)

The subdivider may appeal any action of the City Engineer with respect to a tentative parcel map or adjustment plat to the City Council as provided in Section 66452.5 of the Subdivision Map Act. The appeal shall be filed with the City Clerk within ten days after the action of the City Engineer from which the appeal is being taken.

(b)

Any interested person may appeal to the City Council from any decision of the City Engineer made relative to a tentative parcel map or adjustment plat within ten days after the action of the City Engineer from which the appeal is being taken. Any such applicant shall be entitled to the same notice and rights regarding testimony, as apply to the subdivider under Section 66452.5 of the Subdivision Map Act.

(c)

The City Council shall hold a public hearing on the appeal, and notice thereof shall be given as provided in Section 66451.3 of the Subdivision Map Act. Any interested person may appear at such hearing and shall be heard.

(d)

The City Council shall hold the hearing and act on the map within the time limits prescribed by the Subdivision Map Act.

(e)

Notice of any final decision of the City Engineer pursuant to this chapter shall be mailed to all property owners as shown on the latest equalized county assessment roll(s) and persons in possession, if different, within 300 feet of the proposed project. Such notice shall inform each owner of the appeal rights under this Section.

(a)

Notwithstanding other provisions of this Title, the requirement that a parcel map be prepared, filed with the City Engineer and recorded may be waived, providing a finding is made by the City Engineer or, on appeal, by the City Council, that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal

facilities, water supply availability, environmental protection and other requirements of the public facilities element of the General Plan and the provisions of Chapter 19.44 of this Title which would otherwise apply to the proposed subdivision.

(b)

An applicant for a minor subdivision, pursuant to this Section, shall pay the fee prescribed by Section 19.08.050 for tentative parcel maps and shall file an application and request for parcel map waiver which shall contain sufficient information in the opinion of the City Engineer to enable the City Engineer or, on appeal, the City Council, to make the findings required by this Section. The following types of subdivisions are deemed to comply with the findings required by this Section for waiver of the parcel map unless the City Engineer or, on appeal, the City Council finds, based on substantial evidence that public policy necessitates a parcel map, such map shall not be required for the following:

(1)

Short-term leases, terminable by either party on 30 days' notice, of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code.

(2)

Land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way.

(c)

The following minor subdivisions are deemed to comply with the findings required by this Section for waiver of the parcel map unless dedication improvements are required by the City Engineer, or unless there is evidence to the contrary:

(1)

A minor subdivision wherein each resulting lot or parcel contains a gross area of 40 acres or more; or each of which is a quarter-quarter section or larger.

(2)

A minor subdivision only for the purpose of leasing the lots resulting from such subdivision.

(3)

A major subdivision as specified in Section 19.20.050 of this Title.

(d)

The processing of any application pursuant to this Section shall be subject to the same time requirements and appeal procedures as are provided in this Title for tentative parcel maps. In any case, where waiver of the parcel map is granted by the City Engineer, or an appeal by the City Council, the City Engineer shall cause to be filed for record with the County Recorder, a Certificate of Compliance pursuant to Chapter 19.48 of this Title.

The approval of conditional approval of a tentative parcel map shall expire 24 months from the date the map was approved or conditionally approved unless it is extended in accord with Section 19.24.180.

The period of time specified in this Section shall not include any period of time during which a water or sewer moratorium, imposed after approval of the tentative parcel map is in existence; provided, however, that the length of such moratorium does not exceed five years.

Once such a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed; provided, however, that if such remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. This Section applies to all tentative parcel maps approved or conditionally approved after January 1, 1983; tentative parcel maps approved prior to that date shall expire one year from the date of approval or conditional approval unless extended pursuant to Section 19.24.180.

19.24.170 - Time to File Parcel Map.

(a)

Within 24 months after the approval or conditional approval of the tentative parcel map, or within the period of any extension thereof, the subdivider may file with the City Engineer a parcel map in substantial conformance with the tentative parcel map as approved or conditionally approved and in conformance with the Subdivision Map Act and this Title.

(b)

The period of time specified in Subsection (a) shall not include any period of time during which a development moratorium imposed after approval of the tentative parcel map is in existence; provided,

however, that the length of such moratorium does not exceed five years. Once such a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.

(c)

The period of time specified in Subsection (a), including any extension thereof, granted pursuant to Section 19.24.180 shall not include any period of time during which a lawsuit involving the approval or conditional approval of the tentative parcel map is or was pending in a court of competent jurisdiction, if a stay of such time period is approved by the City Engineer pursuant to this Subsection. An application for a stay must be filed by the subdivider in writing with the City Engineer within ten days of service of the initial petition or complaint in the lawsuit upon the City. The application shall state the reasons for the requested stay and include names and addresses of all parties to the litigation. The City Engineer shall approve or conditionally approve the stay for up to five years or deny the requested stay.

(d)

The expiration of the approved or conditionally approved tentative parcel map shall terminate all

proceedings and no parcel map for all or any portion of the real property included in the tentative parcel map shall be filed without first processing a new tentative map or tentative parcel map. Once a timely and complete filing of a parcel map has been made pursuant to this Code subsequent actions of the City including, but not limited to, processing, approving and recording may occur after the expiration of the tentative parcel map.

19.24.180 - Extension of Tentative Parcel Map.

(a)

The subdivider may request an extension of the tentative parcel map approval or conditional approval by written application to the City Engineer. Such application shall be filed at least five days and not more then 90 days before the approval or conditional approval is due to expire.

(b)

At any time within 90 days of the expiration of the map, the City Engineer may approve, conditionally approve or deny the requested extension. An extension shall not exceed one year from the original expiration date. Only one such extension may be granted. In granting an extension, the City Engineer may impose new conditions and may revise existing conditions. Any decision by the City Engineer in regard to an extension may be appealed to the City Council in accord with Section 19.24.140.

A

vesting tentative parcel map may be filed and processed in the same manner and subject to the same requirements as a tentative parcel map except as provided in Chapter 19.17.