§ 19.154

The purpose of this Chapter is to establish requirements and procedures for Tentative Parcel Maps and Tentative Maps.

Subdivisions subject to this Chapter are described in Sections 19.150.040 (Subdivisions Creating Four or Fewer Parcels) and 19.150.050 (Subdivisions Creating Five or More Parcels).

A.

Procedures. This phase of the subdivision process includes the preliminary design of the subdivision and public improvements, and the submittal of the subdivision map for review and action by the Planning Commission or Community Development Director (Director) through the Community Development Department. The following procedures shall apply to requests for Tentative Parcel Map and Tentative Map processing:

1.

Submittal. The submittal of a formal application with all required supporting materials and fees.

Preliminary review. Preliminary review by the Planning and Engineering Divisions to determine completeness of the project application and to prepare preliminary conditions. Section 65943 of the California Government Code requires that an application for a development permit be accepted as complete, or rejected as incomplete, in writing within 30 days after receipt of the application.

B.

Formal Review. Formal review will be conducted by the Community Development Department for the purpose of making a recommendation to the Planning Commission or Director and determining final conditions.

C.

Approval Authority Review. The Planning Commission may approve, conditionally approve or disapprove the Tentative Map at a public hearing. Tentative Parcel Maps are reviewed by the Director and do not require a public hearing.

D.

Time Limits for Tentative Map Review. The Planning Commission shall review the proposed Tentative Map within the time limits specified by applicable provisions of CEQA and the Subdivision Map Act, as follows:

1.

If an environmental impact report (EIR) is required, the EIR shall be adopted within one year of the project application being accepted as complete, subject to such limited extension as permitted by the Subdivision Map Act.

2.

If a negative declaration is required, the negative declaration shall be adopted within 105 days of the project application being accepted as complete, subject to such limited extension as permitted by the Subdivision Map Act.

3.

The Planning Commission shall approve, conditionally approve or disapprove the Tentative Map within 50 days of the adoption of the environmental document.

4.

Items (1) and (3), or (2) and (3) above may be accomplished concurrently.

E.

Soils and Geology Reports. A preliminary soils report, prepared by a qualified engineer registered in this state and based on adequate test borings, may be required for use in evaluating and reporting the environmental impact that the subdivision may have on the City. The requirement for a preliminary soils report may be waived by the City Engineer if he finds that, due to the qualities of the soils in the subdivision, no preliminary analysis is necessary.

1.

The preliminary soils report shall describe the nature of the subsurface soils and any soil conditions which would affect the geometrics of the proposed subdivision.

2.

The soils report shall state whether the proposed subdivision is feasible and provide general solutions for all known hazardous conditions or problems.

3.

The soils report shall include the locations and logs of any test borings, percolation test results and a hydrological evaluation if on-site sewage disposal is proposed.

4.

If the soils report indicates, or the City Engineer has knowledge of, the presence of critically expansive soils or other soils problems which, if not corrected, could possibly lead to structural defects or hazardous conditions, a soils investigation of each lot of the proposed subdivision may be required. The soils report shall recommend corrective action to eliminate the hazardous conditions.

5.

For hillside or other geologically hazardous areas, an engineering geology evaluation defining the geologic conditions of the site shall be submitted.

6.

The soils and geologic reports shall designate a suitable building site for each lot which is safe from settlement, landsliding, mudsliding and flood hazards and which has reasonable legal access.

7.

The Planning Commission may approve a subdivision where such soils problems exist, as identified by the City Engineer, if it finds that the recommended corrective action is likely to prevent structural damage, and eliminate other hazardous conditions, to any structure to be constructed. As a condition to the issuance of any Building Permit, the Planning Commission may require that the approved recommended corrective action be incorporated in the construction of each structure.

F.

Staff Reports and Recommendations. Any staff report or recommendations on a Tentative Map shall be in writing and a copy shall be given to the subdivider or applicant at least three days prior to any hearing or action on such map.

G.

Required Findings for Approval. No Tentative Map shall be approved unless the Planning Commission or other approval authority makes all the following findings:

1.

The proposed subdivision, together with the provisions for its design and improvement, is consistent with the goals and policies of the adopted General Plan and any applicable specific plan.

2.

The Planning Commission has considered the effects of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources.

3.

The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

4.

The Planning Commission shall determine that adequate septic facilities are, or can be, installed for the development of the subdivision, or that a sewer system sufficient to provide for the development of the subdivision can be provided. In either case, the Planning Commission must determine whether the discharge of waste from the proposed subdivision would result in or add to a violation of the requirements as set forth in Section 13000 et seq., of the California Water Code, in which case the Planning Commission may disapprove the subdivision.

H.

Mandatory Denial of Tentative Maps. The Tentative Map shall be denied by the Planning Commission if any of the following findings are made:

1.

That the proposed subdivision is not consistent with the goals and policies of the adopted General Plan or any applicable specific plan.

2.

That the design or improvement of the proposed subdivision is not consistent with the goals and policies of the adopted General Plan or any applicable specific plan.

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.

That the design of the proposed subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.

6.

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

7.

That the design of the proposed subdivision or the type of proposed improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or with public access to public resources as defined and regulated by the Subdivision Map Act. In this connection, the Planning Commission may approve a Tentative Map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to the ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction; no authority is hereby granted to the Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

8.

That the design of the proposed subdivision does not provide to the extent feasible for future passive or natural heating or cooling opportunities pursuant to the Subdivision Map Act.

9.

That the Planning Commission has not considered the effect of its action on the housing needs of the region or has not balanced those needs against the public service needs of its residents and available fiscal and environmental resources with favorable results pursuant to the Subdivision Map Act.

I.

Appeals to the City Council. The subdivider or any other interested person may appeal the decision of the Planning Commission of the City by filing such appeal with the City Clerk within 10 days of said decision. The appeal shall be filed in writing, stating the basis for the appeal, and be accompanied by the applicable application and fee.

1.

The City Clerk shall schedule the appeal for a hearing within 30 days of the date of the filing of the appeal or such longer period of time as may be agreed to by the appellant. The City Council may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission and may make such findings as are not inconsistent with this Chapter, the goals and policies of the adopted General Plan, the Subdivision Map Act or any other applicable regulations.

J.

Expiration and Extension.

1.

Expiration of Approved Tentative Parcel Map and Tentative Maps. The approval or conditional approval of a Tentative Map or phases of a Tentative Map shall expire 36 months from the date of such approval. Failure to cause a Final Map to be officially acceptable to the City within 36 months after approval shall terminate all proceedings. Any subsequent subdivision of the same land shall require the submittal and processing of a new Tentative Map. The subdivider shall be responsible for keeping a record of the expiration date of a Tentative Map without further notice by the City beyond the written notice of approval, which shall state the expiration date.

2.

Extension of Approved Tentative Parcel Maps and Tentative Maps. The subdivider may request an extension of the Tentative Map approval by written application to the Planning Division. Such application shall be submitted and the applicable fees paid prior to its expiration. The subdivider shall attach a statement of the reasons for requesting the time extension. The application for a time extension shall be reviewed by the Director who may approve or deny the time extension request as long as there are no changes to the previously approved tentative map. Decisions of the Director may be appealed pursuant to Chapter 19.28.120 (Appeals) within 10 consecutive calendar days following the date of the action.

3.

Time Limit of Extensions. Any extension(s) of a Tentative Map approval shall not exceed the time limits established pursuant to the Subdivision Map Act (Government Code Section 66452.6). These extensions are in addition to the initial 24-month approval and any automatic extensions allowed by state law.

4.

Effect of Tentative Map Modifications on Time Extensions. A modification of a Tentative Map after its original approval shall not extend the time limits imposed by this Section.

A.

Procedures and Requirements. This Section shall apply only to residential developments. Vesting Tentative Maps shall comply with the requirements of Section 19.154.030 above in addition to the following:

1.

The first step in the review process of a Vesting Tentative Map shall be a preapplication review meeting with the Planning and Engineering Divisions. All appropriate materials and fees shall be submitted with this application.

2.

At the preapplication meeting staff will identify, based on review of the materials provided, additional materials required to be submitted with the proposed Vesting Tentative Map.

3.

At the time a Vesting Tentative Map is filed, it shall have the words "Vesting Tentative Map" printed conspicuously on its face.

4.

All data included on, or any materials submitted with, the proposed Vesting Tentative Map shall be in final form, not approximate or preliminary.

B.

Development Rights.

1.

When a Vesting Tentative Map is approved or conditionally approved, that approval confers a vested right to proceed with the development in compliance with the ordinances, policies, and standards in effect at the time the application was deemed to be complete.

2.

Notwithstanding (1) above, the Planning Commission may condition or require an amendment to the map or disapprove a permit, approval, extension or entitlement, if one of the following applies:

a.

Failure to do so will put the residents of the subdivision and/or the immediate community in a condition dangerous to their health or safety.

b.

Action is required to comply with state or federal law.

3.

The rights referred to herein shall expire if a Final Map is not approved and recorded prior to the expiration of the Vesting Tentative Map. If a Final Map is approved, these rights shall remain in effect for the following time periods beyond the recording of the Final Map:

a.

An initial time period of one year. Where multiple Final Maps are to be recorded, this initial time period shall begin for each phase when the Final Map for that phase is recorded, provided it is recorded prior to the expiration of the Vesting Tentative Map.

b.

The subdivider may apply for a one year extension of the initial time period in Subsection 19.154.040.B(3)(a) above, pursuant to the provisions in Subsection 19.154.030.J (Expiration and Extension) of this Chapter. Appeals of the results of the request for an extension of time are subject to the provisions of Subsection

19.154.030.I (Appeals to the City Council) of this Chapter, provided that the subdivider may appeal the Planning Commission's denial of an extension within 15 days.

c.

Upon submittal of a complete application for a Building Permit during the time periods specified in subsections (a) and (b) above, the rights referred to herein shall continue until the expiration of that permit, or any approved extension of that permit.

4.

Required Findings for Approval of a Vesting Tentative Map. No Vesting Tentative Map shall be approved unless the approval authority makes all of the findings described in Subsection 19.154.030.G (Required Findings for Approval) of this Chapter.

5.

Required Findings for Denial of a Vesting Tentative Map. No Vesting Tentative Map shall be approved if the approval authority makes any of the findings described in Subsection 19.154.030.H (Mandatory Denial of Tentative Maps) of this Chapter.

A.

Environmental Impact. No Tentative Map filed in accordance with the provisions of this Chapter shall be approved until an environmental impact evaluation has been prepared, processed and considered in compliance with the provisions of CEQA. The subdivider shall submit such data and information, as required by the Director, to allow a determination of environmental review to be made in compliance with CEQA.

B.

Significant Natural Resources. Whenever a proposed subdivision contains significant natural resources, a plan for their protection and management shall be required as a condition of approval of the Tentative Map. Said plan shall be submitted for review and shall be approved prior to recordation of the Final Map.

All maps approved in accordance with this Chapter shall comply with the requirements for grading and wind and water erosion control, including the prevention of sedimentation or damage to off-site property, as set forth by the City Engineer and building official. Grading and erosion control plans shall be submitted to the Division of Building and Safety for review and shall be approved prior to recordation of the Final Map.

Chapter 19.156 - Final Parcel Map and Final Map