§ 16.08

A.

Tentative maps shall be eighteen (18) inches by twenty-six (26) inches in size and shall be drawn to a scale of not less than one inch equals one hundred (100) feet, or one centimeter equals ten meters, unless the development services director or his or her designee determines that an alternate scale will permit presentation of map data of acceptable completeness and clarity. Tentative maps shall be prepared by a registered civil engineer, licensed land surveyor, licensed architect, or licensed landscape architect or professional land use planner, except in the following cases:

1.

When the proposed land division would create four or fewer parcels and:

a.

If the parcel proposed to be divided is wholly or partially within the boundary of the south central urban region of the general plan or any water, community service or public utility district which furnishes water service, no parcel of less than eighteen (18) acres is proposed to be created, or

b.

If the parcel proposed to be divided is elsewhere in the city, no parcel of less than nine acres is proposed to be created;

2.

When the proposed land division would create four or fewer parcels and the parcels will be conveyed as a gift to a member of the subdivider's immediate family.

B.

A tentative map and the application for approval of it shall contain such information and be submitted in such quantities as the city council may by resolution direct.

C.

An environmental analysis, prepared pursuant to provisions the city council may establish for administration of the California Environmental Quality Act, shall be submitted with each tentative map.

(Ord. 97-98 § 15.08.020)

When an application is received, the development services director or his or her designee shall forthwith transmit copies of the map and related documents to the director of public services and if applicable, the county health officer.

(Ord. 97-98 § 15.08.030)

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by resolution of the city council. Conditions of approval recommended pursuant to the CEQA review shall be transmitted to the members of the staff technical advisory committee (T.A.C.) and to the secretary of the appropriate planning commission and shall be included in any staff report prepared for the planning commission or city council.

(Ord. 97-98 § 15.08.040)

A.

Each member of the staff technical advisory committee (T.A.C.) shall review and study each application and shall prepare his or her department's recommendations thereon, including proposed conditions for approval, recommendations for modifications or a recommendation for denial. A recommendation for denial shall include the reasons for that recommendation. If any T.A.C. member finds that an application contains insufficient information to allow preparation of his recommendation, he or she shall promptly advise the development services director or his or her designee to invoke the provisions of Section 16.08.010E. The recommendations of each T.A.C. member shall be included in any staff report prepared for the planning commission or city council.

B.

Any T.A.C. member may call the committee into session if he or she deems a meeting of the committee to be necessary or convenient for the proper review of any application. Any T.A.C. member may request the applicant to attend the meeting in person or by an agent familiar with the technical aspects of the application.

C.

The recommendations of the T.A.C. members shall be forwarded to the secretary of the planning commission. Whenever the planning commission may consider both an environmental determination and action on the related tentative map at the same meeting of the planning commission pursuant to Section 16.08.060D, the California Environmental Quality Act (CEQA) and T.A.C. recommendations shall be consolidated into a single staff report.

D.

A copy of any staff report shall be furnished to the applicant or his agent at least three days prior to the meeting of the planning commission at which the CEQA determination or the tentative map will be considered.

E.

The planning division shall forward the tentative map for a land project to the office of intergovernmental management prior to referral of the map to the planning commission.

F.

The planning division may approve, conditionally approve or disapprove property line adjustments, subject to provisions of Chapter 16.20 of this title.

(Ord. 97-98 § 15.08.050)

16.08.060 - Planning commission review.

A.

Upon receipt of the staff report, the secretary of the planning commission shall schedule the application for review by the planning commission at its next available regular meeting.

B.

The planning commission shall review the application and related documents. If a negative declaration has been prepared, the planning commission shall review it and may adopt it or require preparation of an environmental impact report (EIR). If an EIR has been prepared, the planning commission shall review it and may certify it as complete or refer it back to city staff and the applicant, or his or her agent for such amendment, revision or additional information as the planning commission may specify. The planning commission may schedule a public hearing on any negative declaration or EIR.

C.

After acceptance of an application as complete pursuant to Section 16.08.010 and either adoption of a negative declaration or certification of an EIR, the tentative map shall be filed with the secretary of the planning commission. The secretary shall set the map and application for hearing at the next regular meeting of the planning commission for which timely notice can be given. The date of filing of the tentative map shall be the date of the consideration of or hearing on the map by the planning commission.

D.

Notwithstanding subsection C of this section, a planning commission may hold a hearing and act upon a tentative map at the same meeting at which it considers a negative declaration or an EIR pursuant to subsection B of this section; provided, that any notice required by law for the hearing has been given. The date of filing of the tentative map with the planning commission shall be the date of the consideration of or the hearing on the map by the planning commission.

(Ord. 97-98 § 15.08.060)

The planning commission shall hold a public hearing on each tentative map. Notice of the hearing shall be given as provided in the Map Act and as directed by the city council by resolution. Any interested person may appear at the hearing and be heard. Failure of any person to receive the notice shall not invalidate any action taken on a tentative map.

(Ord. 97-98 § 15.08.070)

The planning commission may approve, conditionally approve to the full extent permitted by law, or disapprove tentative maps and may waive the filing of a parcel map pursuant to Chapter 16.20; provided, that prior to the approval, conditional approval or waiver, the planning commission determines that the tentative map complies with applicable provisions of state law, this chapter, the zoning plan, the development standards and city health standards and policies and with good planning and engineering practices. The planning commission shall also consider any measures, consistent with state law and city policy, that will promote and protect the public health, safety, comfort, convenience and general welfare.

(Ord. 97-98 § 15.08.080)

16.08.090 - Planning commission—State and regional requirements.

The planning commission shall not approve a tentative map if it makes any finding or determination which prohibits approval under Government Code Sections 66473, 66473.5 and 66474, unless appropriate conditions sufficient to overcome all such findings are imposed at the time of approval. If the planning commission finds that the waste discharge from a proposed subdivision into a community sewer system would result in or add to a violation of existing waste discharge requirements of the regional water quality control council, it may disapprove the tentative map.

(Ord. 97-98 § 15.08.090)

A.

The planning commission may, to the full extent permitted by law, require as a condition of approval of a tentative map that interests in real property be dedicated, irrevocably offered for dedication or reserved for public purposes, including but not limited to those set forth in Government Code Sections 66475 through 66482.

B.

The amount of land required to be dedicated or irrevocably offered for dedication for park or recreational purposes shall not exceed one acre per one hundred (100) lots or fraction thereof. In combination with or in lieu of such dedication or offer of dedication, the planning commission shall require payment of a fee for park and recreational purposes in an amount of seven hundred forty-seven dollars ($747.00) for singlefamily residential projects and six hundred eighty dollars ($680.00) for multi-family residential projects.

These fees will be adjusted annually on January 1, based on the Construction Cost Index as published by the most recent November "Engineering News Record."

C.

The planning commission may require that any dedication or offer of dedication of a street include a waiver of direct access rights to any such street from abutting property.

(Ord. 08-195 § 1; Ord. 97-98 § 15.08.100)

Every approved tentative map shall be conditioned on compliance with requirements for grading and erosion control, including prevention of sedimentation or damage to off-site property, as set forth in this code and the development standards.

(Ord. 97-98 § 15.08.110)

16.08.120 - Action on application—Time limits.

A.

The planning commission shall act on a tentative map within fifty (50) days of the date of its filing with the planning division under Section 16.08.060 of this chapter, unless the time period is extended by mutual consent of the subdivider and the planning division, or the planning division determines that an environmental impact report (EIR) is required and none has been prepared or that an EIR which has been prepared is incomplete, or a waiver of time limits has been required under Section 16.08.010 of this chapter.

B.

If an EIR is required by the planning division and none has been prepared, or the planning division determines that an EIR which has been prepared is incomplete, the planning division may permit the applicant to withdraw the tentative map until an amended application has been submitted to the planning division for appropriate review under Sections 16.08.040 and 16.08.050 of this chapter and refiled with the planning division pursuant to Section 16.08.060 of this chapter, or the planning division may refer the application to the planning commission to deny approval of the map as provided in California Environmental Quality Act (CEQA), the Map Act and this chapter.

C.

The provisions of subsections A and B of this section shall apply to any amended application refiled with the planning commission.

(Ord. 97-98 § 15.08.120)

In addition to the provisions for disapproval of a tentative map contained in the Map Act, a map shall be disapproved or deemed to be disapproved if any of the following findings are made, or in the case of inaction on the map within the time required for action, any of the following circumstances exist:

A.

The only practical use of the property included in the proposed subdivision is a use prohibited by law, or the map does not comply with this chapter, the Map Act, other applicable provisions of law or with accepted planning or engineering standards;

B.

Required rezoning has not been adopted by the city council. If required rezoning has been adopted by the council but is not yet effective when the map is approved, the approval is contingent upon the effectiveness of the rezoning;

C.

There is insufficient information upon which to approve the map. The development services director or his or her designee shall advise the applicant or his or her agent of the deficiencies upon which the disapproval is based.

(Ord. 97-98 § 15.08.130)

A.

Any interested person may appeal any decision of a planning commission on the merits of a tentative map, or any finding in support of a decision, to the city council within ten days of the decision.

B.

1.

An appeal is initiated by filing a notice of appeal with the clerk of the city. A notice of appeal shall identify by number the map which is the subject of the appeal; shall state the action, finding or determination of the planning commission, and the date thereof, from which the appeal is taken; and shall specifically set forth the grounds upon which the appeal is based. No appeal shall be deemed to be filed unless any required filing fee is paid to the clerk.

2.

The clerk shall furnish copies of the notice of appeal to each city council member, the city manager, development services director, development services director or his or her designee, director of public services, city engineer, city counsel and the subdivider.

C.

The filing of an appeal does not stay the decision appealed. When approval or conditional approval of a map is appealed, the city council may stay the decision pending determination of the appeal if, in the council's opinion, a stay is in the public interest.

D.

If an appeal is filed, the following procedures apply:

1.

If the city council sets the appeal for hearing, notice shall be given by the clerk to the same persons and in the same manner as notice was given for the hearing before the planning commission. Any interested person may appear at the hearing and be heard;

2.

The council may dismiss any appeal at any time for failure of the appellant to comply with subsections A or B of this section;

3.

The council may at any time refer an application back to the planning commission for further proceedings if it appears that matters will be raised or evidence presented before the council which was not considered by or presented to the agency.

E.

The record on appeal shall consist of a copy of the tentative map and all related documents; the environmental assessment, including any environmental impact report (EIR) if one has been prepared; the technical advisory committee (T.A.C.) report and recommendations; the minutes of the proceeding before the planning commission, including a fair summary of all testimony received by the agency; and all documentary, pictorial or other physical evidence received into evidence by the agency. The original of the record on appeal and six copies of those portions of the record which are reproducible shall be filed by the development services director or his or her designee with the clerk within ten working days of the date the notice of appeal is filed.

F.

If an appeal is set for hearing, the following procedures apply:

1.

The city council shall review the grounds upon which the appeal is based, the record on appeal and any additional relevant information received at the hearing before it to determine whether the planning

commission exceeded its authority, whether there was a fair hearing before the agency or whether the agency abused its discretion and the appellant was prejudiced by such abuse.

2.

Each appellant and the subdivider may appear at any hearing under this section and shall be heard. The council may, in its discretion, conduct a full or partial hearing de novo. Unless specifically authorized by the council, any hearing shall be limited to the grounds specifically stated in the notice of appeal. The council may by resolution adopt procedural rules it deems appropriate or convenient for conducting hearings under this section.

3.

When the council finds that the evidence supports any finding or determination which prohibits approval under Government Code Sections 66473, 66473.5 or 66474, the council shall not affirm an approval or reverse a denial of approval of a tentative map, unless appropriate conditions sufficient to overcome all such findings are imposed.

4.

The council may continue any hearing under this section to a specific time, date and place.

5.

The council may sustain, modify, reject or overrule any action of the planning commission which has been appealed and may, in its discretion, refer any application back to the planning commission for further review and report.

G.

If the council determines that a further hearing should be held before the planning commission, it may, with the applicant's consent, dismiss the appeal without prejudice and refer the application to the secretary of the agency for refiling pursuant to Section 16.08.060 of this chapter.

(Ord. 97-98 § 15.08.140)

Upon application of the subdivider, an approved tentative map or its conditions of approval may be modified by the planning commission if it finds that there are changes in circumstances which justify the modifications. The provisions of this chapter for review of and action on tentative maps shall apply to any proposed modification, but the hearing before the planning commission or city council shall be confined to consideration of and action on the proposed modifications. Modification of an approved tentative map or conditions of approval by the planning commission or city council shall not extend the time limits imposed by Section 16.12.060 of this chapter.

(Ord. 97-98 § 15.08.150)

A.

Prior to the expiration of an approved tentative map and in lieu of filing a new map application, a subdivider may file with the planning division an application for an extension of time on the tentative map. An extension of time may be approved, conditionally approved or denied by the planning commission. The provisions of this chapter for review of an action on new tentative maps shall apply to any proposed extension of time, but the hearing before the planning commission or city council shall be confined to consideration of and action on the proposed extension and any proposed changes in, additions to or deletions from the original conditions of approval. Development standards and policies in effect at the time an extension is approved apply to and new or updated conditions of approval shall be imposed on maps for which an extension of time is approved, unless the revised or new standards, policies or conditions would be unreasonable in light of the circumstances of a particular subdivision at the time an extension is approved.

B.

The period of any extension granted shall be set by the planning commission and shall run from the date of expiration of the tentative map. More than one extension of time may be granted, but the total of all extensions shall not exceed three years.

C.

Any interested person may appeal a decision made under this section to the city council. The appeal shall be made pursuant to and shall be subject to the provisions of Section 16.08.140 of this chapter, except that it shall be filed within fifteen (15) days of the decision.

(Ord. 97-98 § 15.08.160)

Chapter 16.12 - FINAL MAPS AND PARCEL MAPS