St. Helena Municipal Code Ch. 16.24 Tentative Parcel and Parcel Maps

TENTATIVE PARCEL AND PARCEL MAPS

Sections:

16.24.010 General. 16.24.020 Form and contents of tentative parcel map, accompanying data and reports.

• 16.24.030 Staff review.

• 16.24.040 Action by planning commission.

• 16.24.050 City council review.

• 16.24.060 Appeals of planning commission action.

• 16.24.070 Expiration and extensions.

• 16.24.080 Vesting tentative parcel map—Additional time limit.

• 16.24.090 Amendments to approved or conditionally approved tentative parcel maps.

• 16.24.100 Parcel maps.

The form and contents, submittal and approval of applications for tentative parcel maps and parcel maps for four or less parcels shall be governed by the provisions of this chapter. (Prior code § 25.85)

The tentative parcel map shall be prepared in a manner acceptable to the public works director and shall be prepared by a registered civil engineer or licensed land surveyor as authorized under his or her enabling acts. The form, contents, accompanying data and reports shall comply and be consistent with the requirements of Section 16.16.020, unless waived pursuant to the procedure set forth in Section 16.16.020(E). (Prior code § 25.86)

The tentative parcel map application shall be filed with the planning department for review and transmittal in accordance with the provisions of Sections 16.16.040 and 16.16.050. (Prior code § 25.87)

A. Upon receipt of a tentative parcel map application that is determined by the planning director to be complete, the planning department shall prepare a report and set the matter for a public hearing before the planning commission.

B. The planning commission shall approve, conditionally approve, or deny the tentative parcel map in accordance with the provisions and findings set forth in Section 16.16.080. The planning commission shall take action within fifty (50) days after certification of the environmental impact report, adoption of a negative

declaration, or a determination that the project is exempt from the requirements of the California Environmental

Quality Act. The city shall comply with the time period referred to in Section 21151.5 of the Public Resources Code. (Prior code § 25.88)

If a tentative parcel map is approved or conditionally approved, the city planner shall forthwith make a written report thereof to the city council. Any member of the city council shall have the right to call up the tentative parcel map for city council review at a city council meeting or by a request to the planning director, either of which must be within ten (10) days of the final action by the planning commission. If the city council, by a majority vote, decides to review the map, it shall conduct a public hearing after giving notice pursuant to Section 16.04.100. In addition, notice shall be given to the planning commission. The public hearing shall be held within thirty (30) days after the city council decides to review the map. The city council may add, modify, or delete conditions if the city council determines that such changes are necessary to ensure that the tentative parcel map conforms to the state Subdivision Map Act and this code. The city council may deny the tentative parcel map on any of the grounds contained in Section 16.16.080(D). Within ten (10) days following the conclusion of the hearing, the city council shall render its decision. (Prior code § 25.89)

The subdivider or any interested person adversely affected by a planning commission action with respect to the tentative parcel map may, within fourteen (14) days after the decision, file an appeal in writing with the planning director. The city council shall consider the appeal within thirty (30) days after the date of filing of the appeal, unless the subdivider consents to a continuance. The appeal shall be a public hearing after notice has been given according to Section 16.04.100. In addition, notice shall be given to the planning commission. The city council may add, modify, or delete conditions if the city council determines that such changes are necessary to ensure that the tentative parcel map conforms to the state Subdivision Map Act and this code. The city council may deny the tentative parcel map on any of the grounds contained in Section 16.16.080(D). Within ten (10) days following the conclusion of the hearing, the city council shall render its decision. (Ord. 16-7 § 2; prior code § 25.90)

The approval or conditional approval of a tentative parcel map shall expire twenty-four (24) months from its approval by the planning commission or city council, whichever occurs last, unless the expiration date is extended in accordance with the provisions of Section 16.16.100. The subdivider may request an extension of the expiration date in accordance with the provisions of Section 16.16.110, except that the planning commission shall be responsible for the review of the request. The planning commission may approve, conditionally approve, or deny the request for an extension. The subdivider or any interested person adversely affected may appeal the action of the planning commission to the city council in accordance with the provisions of Section 16.24.060. (Prior code § 25.91)

Approval of a vesting tentative parcel map shall confer a vested right to proceed with development in accordance with section 66498.1 of the State Subdivision Map Act. Such rights shall expire one year following the recordation of the parcel map. (Ord. 02-1 § 10; prior code § 25.92)

Amendments to the approved or conditionally approved tentative parcel map or conditions of approval shall be made in accordance with Section 16.16.130, except that amendments which in the opinion of the planning director and public works director are not minor shall be processed in the same manner as the original tentative parcel map. Any approved amendment shall not alter the expiration date of the tentative parcel map. (Prior code § 25.93)

The form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of the State Subdivision Map Act and this section.

A. Survey Required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor in accordance with Section 16.20.030.

B. Form and Contents. The form and contents of the parcel map shall conform to the final map form and contents requirements of Section 16.20.040.

C. Preliminary Submittal. The subdivider shall submit prints of the parcel map to the city engineer, accompanied by copies of the data, plans, reports and documents as required for final maps by Section 16.20.050. The city engineer shall review the parcel map and the subdivider shall make corrections and/or additions until the map is acceptable to the city engineer. The city engineer may waive any of the requirements of Section 16.20.050 upon finding that the location or nature of the proposed subdivision does not justify compliance.

D. Review and Approval by Planning Commission. The subdivider shall submit the original tracing of the parcel map, corrected to its final form and signed by all parties required to execute the certificates on the map, to the planning department, which shall agendize the parcel map for the next succeeding regular planning commission meeting. The planning commission shall review and approve the parcel map and any subdivision improvement agreement in accordance with Section 16.20.080 and shall have all of the powers and duties of the city council as set forth in that section.

E. City Council Review. If a parcel map is approved by the planning commission, the city planner shall make a written report thereof to the city council. Any member of the city council shall have the right to call up the parcel map and any subsection improvement agreement for city council review at a city council meeting or by a request to the planning director, either of which must be within fourteen (14) days of the final action by the planning commission. If the city council, by a majority vote, decides to review the map it may do so at the same meeting or within thirty (30) days after the city council decides to review the map. The city council shall affirm the planning commission’s approval of the parcel map and any subdivision improvement agreement in accordance with Section 16.20.080.

F. Appeals of Planning Commission Action. The subdivider or any interested person adversely affected by a planning commission action with respect to the parcel map must file an appeal in writing with the planning director within fourteen (14) days of the decision. The city council shall consider the appeal within thirty (30) days after the date of filing of the appeal, unless the subdivider consents to a continuance and shall affirm the planning commission’s approval of the parcel map and any subdivision improvement agreement in accordance with Section 16.20.080.

G. Recordation. Upon approval of the construction drawings and the parcel map and receipt of the subdivision improvement agreement and improvement security, the city clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Section 66464 of the State Subdivision Map Act, transmit the approved parcel map, or have an authorized agent forward the map, to the county recorder. (Ord. 16-7 §§ 3, 4; Ord. 02-1 § 11; prior code § 25.94)