Chapter 16.16

MERGERS OF PARCELS AND LOT LINE ADJUSTMENTS

Note: Prior ordinance history: Ords. 87-18, 89-15; prior code §§ 8-1.450, 8-1.450.1, 8-1.451—8-1.4511.

The purpose of this chapter is to provide a simplified procedure to enable the removal of previously approved parcel lines and minor lot line adjustments to be approved by the director of community development, exercising his or her authority as zoning administrator pursuant to Chapter 17.14 of this code, subject to appeal to the planning commission and council as set forth in Chapter 17.06.

(Ord. 91-9 § 3; Ord. 03-21 § 1)

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Lot line adjustment" means an adjustment between at least two existing adjacent parcels where the land from one parcel is added to an adjacent parcel, and where a greater number of parcels than existed originally is not thereby created, provided such adjustment is exempt from the Subdivision Map Act of the state by virtue of subsection (d) of Section 66412 of the Government Code of the state

"Merger of contiguous parcels under common ownership"(referred to in this chapter as "merger") means the elimination of parcel lines between contiguous parcels under common ownership, without reverting the land in such parcels to acreage, pursuant to the authority set forth in Section 66499.20-3/4 of the Government Code of the state (Subdivision Map Act). For the purposes of this chapter, "common ownership" exists if the title for all properties proposed for merger is vested in the same individual, individuals, firm or partnership, and all persons required by the Subdivision Map Act of the state to consent to the recordation of a reversion to acreage of such parcels have consented to the merger. The definition of "contiguous parcels" is as set forth in Section 66424 of the Subdivision Map Act.

"Zoning administrator" means the director of community development, or his or her designated representative, operating as zoning administrator pursuant to Chapter 17.14 (Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))

Pursuant to Section 66499.20 3/4 of the Government Code of the state, the zoning administrator is authorized to approve the merger of parcels under common ownership, as defined in Section 16.16.020, without a reversion to acreage, upon the findings and utilizing the procedures set forth in this chapter.

(Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))

Pursuant to subsection (d) of Section 66412 of the Government Code of the state, the zoning

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City of West Sacramento, CA

SUBDIVISIONS

§ 16.16.040

§ 16.16.050

administrator is authorized to approve minor lot line adjustments, as defined in Section 16.16.020, upon the findings and utilizing the procedures set forth in this chapter. (Ord. 91-9 § 3)

Article 1.5 of Chapter 3 of Division 2 of Title 7 of the Government Code, commencing with Section 66451.10, including all amendments, deletions and additions thereto, is incorporated into this code as though fully set forth in this chapter. Mergers of subdivided lots in the city shall be governed by the following provisions, except as otherwise provided by the above-incorporated provisions of the Government Code:

• A. Two or more parcels or units of land which are held by the same owner shall be and are declared to be merged if any one of the contiguous parcels or units does not conform to standards for minimum parcel size under the zoning ordinance of the city and if all of the following requirements are satisfied:

  1. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is partially sited on a contiguous parcel or unit.

  2. With respect to any affected parcel, one or more of the following conditions exists:

     • a. Comprises less than five thousand square feet in area at the time of the determination of merger;

     • b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

     • c. Does not meet current standards for sewage disposal and domestic water supply;

     • d. Does not meet slope stability standards;

     • e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

     • f. Its development would create health or safety hazards;

     • g. It is inconsistent with the city's general plan and/or the city's zoning requirements, other than minimum lot size or density standards.

• B. The city planning commission may establish the standards specified in subdivisions (c) to (g) inclusive, of subsection (A)(2) of this section, which shall be applicable to parcels to be merged. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.

• C. This section shall not apply if one of the following conditions exist:

  1. On or before July 1, 1981, one or more parcels or units of land was/were enforceably restricted open space land pursuant to a contract, agreement, scenic restriction or open space easement, as defined and set forth in Section 421 of the Revenue and Taxation

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City of West Sacramento, CA § 16.16.050

WEST SACRAMENTO CODE

2. On July 1, 1981, one or more of the contiguous parcels or units of land was timberland as defined in Government Code Section 51104, or was devoted to an agricultural use as defined in Government Code Section51201(b).

3. On July 1, 1981, one or more of the contiguous parcels or units of land was located within two thousand feet of the site on which an existing commercial mineral resource extraction use was being made, whether or not the extraction was being made pursuant to a use permit.

4. On July 1, 1981, one or more of the contiguous parcels or units of land was located within two thousand feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction was issued.

For purposes of subdivisions (3) and (4) of this subsection, "mineral resource extraction" means gas, hydrocarbon, gravel or sand extraction, geothermal wells or other similar commercial mining activity.

• D. Any division, by any subdivider, of any unit of parcels declared merged by this section for purposes of sale, lease or financing shall constitute a "subdivision" for purposes of this chapter and the Subdivision Map Act and shall require compliance with this chapter and the Subdivision Map Act.

• (Ord. 91-9 § 3)

An application for a merger of parcels or a minor lot line adjustment pursuant to this chapter shall be accompanied by the following materials:

• A. The application shall be made on a form provided by the community development department.

• B. No application shall be deemed complete nor accepted for filing until the applicant therefore has paid the application fee. The council is authorized to promulgate such fee by resolution, such fee not to exceed the reasonable cost to process the application.

• C. The application shall include a discussion of the purpose for the proposal, the existing and proposed configurations of the parcels, the existing and proposed improvements, and sketches to illustrate such items in sufficient detail to enable the zoning administrator to determine whether the findings required by this chapter are satisfied by the proposal.

• D. The application shall include a preliminary title report covering all affected parcels.

• E. Evidence that the real property taxes have been prepaid prior to the approval of the lot line adjustment, in compliance with Government Code Section66412(d).

• F. All applications for lot line adjustments shall be accompanied by legal descriptions which accurately describe the parcels to be created.

• G. Applications for lot line adjustments shall also be accompanied by a deed or deeds as necessary to convey the land subject to the lot line adjustment as necessary to complete the

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City of West Sacramento, CA

SUBDIVISIONS

§ 16.16.060

§ 16.16.080

transaction.

• H. All final parcel maps and deeds required by the application shall be in form suitable for recordation in the office of the county recorder.

• I. All applications pursuant to this chapter shall be accompanied by a certificate executed by all record title holders indicating their comments to the proposed transaction, when such comments are required by the Subdivision Map Act of the state for reversions to acreage, and shall include information regarding adjustments of the interests held by such holders required as a result of the proposal.

• J. All applications pursuant to this chapter shall include an application for a certificate of compliance pursuant to Section 66499.35 of the Government Code of the state, with a waiver of any notice or previous opportunity to be heard, such certificate to be issued and recorded upon the approval of the application.

Incomplete applications shall not be filed. The zoning administrator shall inform the applicant of what is needed to make the application complete.

• (Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))

The zoning administrator shall not approve any application for a merger of parcels pursuant to this chapter unless all of the following findings are made in the affirmative:

• A. That the application is complete and contains all of the information required by this chapter;

• B. That all existing streets and/or utility easements of record are reserved;

• C. That all record title holders whose consent is required by the Subdivision Map Act of the state with regard to a reversion of acreage have consented to the proposed merger, and the public works department has approved the proposal for compliance with the Act;

• D. That the real property taxes have been prepaid in compliance with Government Code Section 66412(d); and

• E. That the zoning administrator is satisfied that the design of the resulting parcel will comply with the existing requirements of this code regarding area, improvements and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and all other requirements of state laws and this code and is in conformity with the purpose and intent of the general plan and zoning provisions.

• (Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))

• A. A merger of parcels becomes effective at the time the city records with the county recorder a notice of merger specifying the names of the record owners and particularly describing the real property.

• B. Prior to recording a notice of merger, the city shall cause to be mailed by certified mail to

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City of West Sacramento, CA § 16.16.080

WEST SACRAMENTO CODE

§ 16.16.090

the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in the city's merger ordinance and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder on the date that notice is mailed to the property owner.

• C. At any time within thirty days after recording of the notice of intention to determine status, the owner of the affected property may file with the city planning commission a request for a hearing on determination of status.

• D. Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to subsection C, the planning commission shall fix a time, date and place for a hearing, and shall notify the property owner by certified mail of the time, date and place for the hearing. The hearing shall be conducted not more than sixty days following the planning commission's receipt of the property owner's request for a hearing, but may be postponed or continued upon the mutual consent of the commission or its representative and the property owner.

• E. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in this chapter. At the conclusion of the hearing, the planning commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall notify the owner of its determination. In its discretion, the planning commission may make a determination of nonmerger, whether or not the affected property meets the standards for merger specified in Section 16.16.050. A determination of merger shall be recorded within thirty days after the conclusion of the hearing as provided for in subsection C.

• F. If, within the thirty-day period specified in subsection C, the owner does not file a request for a hearing in accordance with subsection E the planning commission may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in subsection A no later than ninety days following the mailing of the notice required by subsection D.

subsection C, the owner does not file a request for a hearing in accordance with subsection E the planning commission may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in subsection A no later than ninety days following the mailing of the notice required by subsection D.

• G. If, in accordance with subsections E or F, the planning commission determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in subsection A, a release of the notice of intention to determine status, recorded pursuant to subsection B, and shall mail a clearance letter to the then current owner of record.

• (Ord. 91-9 § 3)

The zoning administrator shall not approve any lot line adjustment pursuant to this chapter unless all of the following findings are made in the affirmative:

• A. That the application is complete;

• B. That all record title holders who are required by the Subdivision Map Act of the state to consent to a reversion to acreage have consented to the proposed lot line adjustment, and the city engineer has approved the proposal as complying with the Act;

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City of West Sacramento, CA

SUBDIVISIONS

§ 16.16.090

§ 16.16.120

• C. That the deeds to be utilized in the transaction accurately describe the resulting parcels;

• D. That the lot line adjustment will not result in the abandonment of any street or utility easement of record, and that, if the lot line adjustment will result in the transfer of property from one owner to another owner, the deed to the subsequent owner expressly reserves any street or utility easement of record;

• E. That the lot line adjustment will not result in the elimination or reduction in size of the access way to any resulting parcel, or that the application is accompanied by new easements to provide access which meet all the requirements of this code regarding access to parcels in the location and of the size as those proposed to be created;

• F. That the zoning administrator is satisfied that the design of the resulting parcels will comply with the existing requirements as to area, improvements and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and all other requirements of state laws and this code and is in conformity with the purpose and intent of the general plan and zoning provisions; and

• G. That the real property taxes have been prepaid in compliance with Government Code Section 66412(d).

• (Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))

In implementing this chapter, the zoning administrator is authorized to, and shall, do all things required to provide notice and an opportunity to be heard to any person whose property would be substantially affected by the proposed application, or who has a material interest in the proposed application, or who has requested special notice of such application.

The zoning administrator shall provide such notice as is required by federal or state laws or this code and shall conduct such hearings as are required by federal or state laws or this code prior to approving any application pursuant to this chapter. (Ord. 91-9 § 3)

• A. Approval Without Conditions. If the zoning administrator approves the merger or lot line adjustment pursuant to this chapter without conditions, he or she shall cause a certificate of compliance to be recorded in the office of the county recorder.

• B. Conditional Approval. If the zoning administrator conditionally approves the merger or lot line adjustment pursuant to this chapter, he or she shall set forth the conditions in writing and deliver such writing to the applicant.

If within no more than six months the applicant submits evidence that all of the conditions of the approval have been satisfied, the zoning administrator shall cause a certificate of compliance to be recorded in the office of the county recorder, along with any deeds necessary to complete the transaction.

(Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))

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City of West Sacramento, CA § 16.16.120

WEST SACRAMENTO CODE

§ 16.16.150

Upon the recordation of the certificate of compliance regarding the approval of a merger pursuant to this chapter, all separate parcels shown on the merger application shall be merged into one parcel for all purposes and shall thereafter be shown as such on the assessment roll.

Upon the recordation of the certificate of compliance regarding the approval of a lot line adjustment pursuant to this chapter, the previous parcels shall be merged and the approved resulting parcels shall be created and shall thereafter be shown as such on the assessment roll.

Upon the final approval of a merger or lot line adjustment pursuant to this chapter, the zoning administrator shall forward to the county assessor such information as is required by the county assessor to correct the equalized assessment roll to reflect the actions approved by the zoning administrator.

(Ord. 91-9 § 3)

The zoning administrator or the planning commission, on motion of either, may refer any merger or lot line adjustment initiated pursuant to this chapter to the planning commission for decision pursuant to the zoning ordinance of the city.

(Ord. 91-9 § 3)

Any parcel which has merged under the provisions of any law prior to January 1, 1984 for which a notice of merger has not been recorded on or before January 1, 1984, shall be unmerged if on that date the parcel meets each of the following criteria:

• A. Comprises at least five thousand square feet in area;

• B. Was created in compliance with applicable laws and ordinances in effect at the time of its creation,

• C. Meets current standards for sewage disposal and domestic water supply;

• D. Meets slope density standards;

• E. Has legal access which is adequate for vehicular and safety equipment access and maneuverability;

• F. Its unmerger and development would create no health and safety hazards;

• G. The unmerged parcel would be consistent with the applicable general plan, other than minimum lot size or density standards, and with respect to which one of the conditions mentioned in Section 66451.30(b)(1), (2), (3), (4) or (5) exist.

• (Ord. 91-9 § 3; Ord. 03-21 § 1 (part))

• A. Upon written application made by the owner, the planning commission shall make a determination that the affected parcels have merged or are to be merged. If the planning commission determines that the parcels are not merged, the owner shall so be notified.

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City of West Sacramento, CA

SUBDIVISIONS

§ 16.16.150

§ 16.16.160

• B. If the planning commission determines that the parcels have merged and that they meet the requirements for unmerger in Section 16.16.140, a notice of status shall be issued to the owner and recorded with the county recorder which shall identify each parcel and declare that they are unmerged.

• C. If the planning commission determines the parcels have merged and do not meet the unmerger requirements in Section 16.16.140, a notice of merger specifying the record owner and a description of the parcel shall be issued to the owner and recorded with the county recorder. The owner may appeal the decision of the planning commission as provided in Section 16.16.130.

• (Ord. 91-9 § 3)

The fee for processing mergers and unmergers at the request of an owner shall be set by the city. (Ord. 91-9 § 3)

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City of West Sacramento, CA

SUBDIVISIONS

§ 16.20.010

§ 16.20.020

CHAPTER 16.20 TENTATIVE MAPS

The purpose of this chapter is to create and establish the city's regulations, standards and procedures applicable to tentative maps consisting of five or more parcels. (Ord. 91-9 § 3)

The tentative map shall be prepared in a manner acceptable to the Community Development Department and shall be prepared by a registered Civil Engineer or licensed land surveyor. The tentative map application shall contain the following components:

• A. Tentative Map.

  1. Subdivision name and number.

  2. Legal description of the property to be subdivided.

  3. Date, north arrow, scale, contour interval and source and date of existing contours and datum.

  4. A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads and other data sufficient to locate the subdivision.

  5. Name, telephone number, and address of record owner or owners of the subdivision.

  6. Name, address and telephone number of the subdivider.

  7. Name, business address and telephone number of the registered engineer or licensed surveyor who prepared the tentative map.

  8. A statement of existing zoning and any proposed zoning changes and of existing and proposed uses of the property.

  9. A statement of the gross and net acreages of the overall subdivision and the resultant parcels.

  10. Topographic data of the proposed site and at least one hundred feet beyond its boundary, including but not limited to:

  - a. Existing contours at one-foot intervals if the existing ground slope is less than ten percent and at not less than five-foot intervals for existing ground slopes equal to greater than ten percent. Existing contours shall be represented by dashed lines or by screened lines. 
  
  - b. Type, circumference and drip line of existing trees with a trunk diameter of four inches or more. Any trees proposed to be removed shall be so indicated. 
  
  - c. The location and outline of existing structures identified by type. Structures to be removed shall be so marked.
  

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City of West Sacramento, CA

SUBDIVISIONS

§ 16.20.020

§ 16.20.020

• d. The approximate location of all areas of potential stormwater overflow; the location, width, and direction of flow of each water course; and the flood zone designation as indicated on the Flood Insurance Rate Map ("FIRM").

• e. The location, pavement and right-of-way width, grade and name of existing streets or highways.

• f. The widths, location and purpose of all existing easements.

• g. The location and size of existing sanitary sewers, fire hydrants, water mains and stormdrains shall be indicated. The location of existing overhead utility lines on peripheral streets shall be indicated.

11. Proposed improvements to be shown shall include but not be limited to:

• a. The location, center line radius and arc length of curves, right-of-way width, and name of all streets. Typical sections of all streets shall be shown. Proposed private streets shall be clearly indicated.

• b. The location of all curb returns and cul-de-sacs.

• c. The locations, width and type of all easements.

• d. The angle of intersecting streets if such angle deviates from a right angle by more than four degrees.

• e. The approximate lot layout and the approximate dimensions of each lot and each building site, the finish floor elevation of proposed building pads, the top and toe of cut and fill slopes to scale, the number of each lot, and the elevation of adjacent parcels.

  • f. Proposed contours at one-foot intervals shall be shown if the existing ground slope is less than ten percent and not at less than five-foot intervals for existing ground slopes of ten percent or more. A separate grading plan may be submitted.

  • g. Proposed park and recreational sites, common areas, open space areas including method of ownership and management.

  • h. The location and size of sanitary sewers, fire hydrants, water mains and storm drains. The proposed routing of stormwater runoff generated by a one-hundredyear flood shall also be indicated.

  • i. A runoff control plan per Section 15.08.280. Submittal requirements include:

    • (1) Project's applicability status to the post-construction standards plan;

    • (2) Site design plans and specification;

    • (3) A complete post-construction project worksheet;

    • (4) An O&M plan;

    • (5) A signed certificate of responsibility.

  • j. A list of proposed street names pursuant to the city's street naming policy for

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City of West Sacramento, CA § 16.20.020

WEST SACRAMENTO CODE

• B. Accompanying Environmental Information and Reports. All tentative map applications shall be accompanied by the following information unless otherwise exempted by the community development director and the city engineer:

  1. Environmental studies including, but not limited to, biological assessments, noise studies, cultural resources reports, arborist reports, and Phase 1/2 evaluations.

  2. Soils Report. A soils report prepared in accordance with the provisions of Chapter 70 of the Uniform Building Code.

  3. School Sites. The subdivider shall obtain from the Washington Unified School District, its intention, in writing, concerning the necessity for a school site and/or temporary and/or permanent school facilities.

  4. Traffic study.

  5. Phasing Plan. If the subdivider plans to file multiple final maps on the tentative map, it shall submit a written notice to this effect to the community development department.

  6. Title Report. A preliminary title report, acceptable to the community development department, showing the legal owners at the time of the filing of the tentative map.

  7. Preliminary grading plan.

• C. Application Format and Additional Information. The community development director shall determine the number of tentative maps to be delivered. The map shall be legibly drawn, printed or reproduced. The scale of the map shall be not less than one inch equals one hundred feet or as may be necessary to show all details clearly. All tentative map applications shall be accompanied by the following additional information:

  1. Assessor's parcel map showing the location of the subject property and all surrounding property within a five hundred foot radius of the property.

  2. List of all property owners within the five hundred foot radius.

  3. Copy of every restrictive covenant proposed, or in the case of condominium projects, a copy of the declaration of restrictions and proposed management arrangement relating to the project, as required by the provisions of Section 1353 of the California Civil Code.

• D. Fees. A fee, as established by city council resolution, shall be required with all tentative map applications.

• (Ord. 91-9 § 3; Ord. 03-21 § 1; Ord. 15-4 § 3)

• A. Within thirty days of receiving a tentative map application, the community development department shall inform the applicant whether the application is complete and accepted for filing. If incomplete, the community development department shall state in what respect the application is deficient.

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City of West Sacramento, CA

SUBDIVISIONS

§ 16.20.030

§ 16.20.050

• B. Within five days after the filing of a complete tentative map application, the community development department shall send a notice of the filing of a tentative map to appropriate city departments and other agencies, including the Washington Unified School District.

• C. The community development department shall set a public hearing on the application before the planning commission and cause notice thereof to be published once in a newspaper of general circulation in the city, not less than ten days prior to the public hearing. A copy of the community development department report shall be forwarded to the subdivider at least three working days prior to the public hearing. At least ten days prior to the date scheduled for the public hearing, the community development department shall mail notice of the public hearing to the owner of the subject property or his or her authorized agent, the project applicant, each local agency expected to provide essential facilities or service whose ability to provide these facilities may be affected, and all property owners within a three hundred foot radius of the subject property.

• D. The planning commission shall approve, conditionally approve or deny the tentative map, and the community development department shall report the decision of the planning commission to the subdivider within fifty days after certification of an environmental impact report (EIR) for the project, adoption of a negative declaration for the project, or determination by the city that the project is exempt from CEQA. In reaching a decision upon the tentative map, the planning commission shall consider the effect of that decision on the housing needs of the region, and balance these needs against the public service needs of its residents and available fiscal and environmental resources.

• (Ord. 91-9 § 3; Ord. 92-2 § 2(A); Ord. 97-4 § 2 Exh. 1 (part))

The tentative map may be approved or conditionally approved by the planning commission if it finds that:

• A. The tentative map is consistent with the goals and policies of the general plan and any applicable specific plans;

• B. The tentative map is in conformance with this title and the zoning ordinance; and

• C. The tentative map is in conformance with the Subdivision Map Act. (Ord. 91-9 § 3)

The tentative map may be denied by the planning commission if it makes any of the following findings:

• A. The tentative map is not consistent with the goals and policies of the West Sacramento general plan and any applicable specific plans;

• B. The tentative map is not in conformance with this title and the zoning ordinance;

• C. The tentative map is not in conformance with the Subdivision Map Act;

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

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

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City of West Sacramento, CA

WEST SACRAMENTO CODE

§ 16.20.050

§ 16.20.070

• F. The subdivision or improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat;

• G. The subdivision or improvements are likely to cause serious public health problems;

• H. The subdivision or improvements conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision;

• I. The land is subject to a contract entered into pursuant to the California Land Conservation Act (Government Code 51200 et seq.) and that the resulting parcels following a subdivision of land would be too small to sustain their agricultural use.

• (Ord. 91-9 § 3)

• A. The subdivider or any party adversely affected by any planning commission action, including the city council or any individual city council member, may within ten days after the decision, appeal in writing to the city clerk.

• B. The city council shall hold a public hearing on the appeal within thirty days after the date of filing of the appeal. If there is no regular meeting of the city council within the next thirty days for which the required notice can be given pursuant to Government Code Section66451.3, the appeal may be heard at the next regular meeting for which notice can be given, or within sixty days from the date of the receipt of the request, whichever period is shorter. Within ten calendar days following the conclusion of the public hearing, the city council shall render its decision on the appeal.

• C. The city council may sustain, modify, or reject any ruling of the planning commission and may make any findings which are consistent with the provisions of the Subdivision Map Act or this chapter.

• (Ord. 91-9 § 3; Ord. 95-7 § 2 (part); Ord. 09-17 § 2)

• A. An approved or conditionally approved tentative map shall expire thirty-six months after its approval. However, if the subdivider is subject to a requirement of one hundred twenty five thousand dollars or more to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved tentative map by thirty-six months from the date of its expiration as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than ten years from its approval or conditional approval. However, a tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps which may be filed shall be determined by the planning commission at the time of the approval of the tentative map. "Public improvements," as used in this title, include traffic controls, streets, roads, highways, freeways, bridges, over-crossings, street interchanges, flood control or stormdrain facilities, sewer facilities, water facilities, and lighting facilities.

• B. The period of time specified in Section 16.20.070(A) herein above shall not include any period of time during which a development moratorium, as defined in Government Code

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City of West Sacramento, CA

SUBDIVISIONS

§ 16.20.070

§ 16.20.090

Section 66452.6(f) imposed after approval of the tentative map, is in existence; provided however, that the length of the moratorium shall not exceed five years. Once 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 that the moratorium was imposed. However, if the remaining time is less than one hundred twenty days, the map shall be valid for one hundred twenty days following the termination of the moratorium.

• C. The period of time specified in Section 16.20.070(A) and (D) shall not include the 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 the stay of the time period is approved by the planning commission pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the city, the subdivider may apply to the planning commission for a stay. Within forty days after receiving the application, the planning commission shall either stay the time period for up to five years or deny the requested stay.

if the stay of the time period is approved by the planning commission pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the city, the subdivider may apply to the planning commission for a stay. Within forty days after receiving the application, the planning commission shall either stay the time period for up to five years or deny the requested stay.

• D. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the city engineer shall be deemed a timely filing for purposes of this section.

• (Ord. 91-9 3)

• A. Prior to the public hearing thereon, the subdivider may amend the application. This amendment must occur prior to the hearing being advertised unless the community development director determines the amendment is minor and will not significantly change the nature or character of the application. If the community development director determines the amendment is major, a new notice of hearing shall be given in the manner and for the time required in Section 16.20.030 as appropriate, and the subdivider shall pay the cost to readvertise.

• B. Amendment of a tentative map after approval by the planning commission may be initiated by the sub-divider. The community development director will determine whether the amendment is minor and can be approved by the community development department, or is significant enough to change the nature or character of the approved project and will require a decision by the planning commission. If the community development director determines the amendment is major, a new notice of hearing shall be given in the manner and for the time required in Section 16.20.030 as is appropriate, and the subdivider shall pay the fee fixed therefor.

• (Ord. 91-9 § 3)

Any subdivider may file with the city, the tentative map of a proposed subdivision of unincorporated territory adjacent to the city. The map, in the discretion of the city, may be acted upon in the manner provided in Article 1 of the Map Act and this title, except that if it is approved, such approval shall not be effective until annexation of such property to the city has

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City of West Sacramento, CA § 16.20.090

WEST SACRAMENTO CODE

§ 16.20.100

been completed. If annexation is not completed within one year, the approval of such map shall be null and void. No subdivision of unincorporated territory may be affected by approval of a map by the city unless annexation thereof to the city is completed prior to the approval of the final map thereof.

(Ord. 91-9 § 3)

No application for a tentative map approval shall be accepted nor any hearings held thereon when an application for the same or substantially same tentative map has been previously denied until a period of one year has elapsed from the date of the final denial of the application by the body having final jurisdiction in the matter.

(Ord. 91-9 § 3)

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City of West Sacramento, CA

SUBDIVISIONS

§ 16.24.010

§ 16.24.050