§ 31. Personnel. A Subdivision Committee
may be appointed by the chairman of the Planning Commission, with
the approval of the Commission, to act in an advisory capacity to
the Planning Commission. The Subdivision Committee shall consist of
the following members or their duly authorized representatives:
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(a)
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The Chairman of the Planning Commission;
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(b)
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The City Engineer;
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(c)
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The Superintendent of Streets; and
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(d)
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The City Health Officer.
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§ 32. Time of meetings. The Subdivision
Committee shall meet regularly at a time to be determined and publicly
announced by its chairman.
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§ 89. Fees. At the time of filing a tentative
map the subdivider shall pay a filing fee as follows:
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Minor Land Divisions (up to 4 parcels):
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No. of parcels
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1
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2
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3
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4
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---|---|---|---|---|
Fee
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$58
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$66
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$74
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$82
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Revised tentative map fee = One-quarter of the above
schedule
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Subdivisions (5 or more parcels):
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$50
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plus $8 for each of the first 25 lots;
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plus $6 for each of the next 25 lots;
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plus $2 for each of the next 50 lots;
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plus $1 for each additional lot in excess of 100
lots;
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Plus any costs required to be expended by the City
in order to process or effect the minor land division or subdivision.
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§ 15.7. Major Lot Line Adjustments. A
lot line adjustment pursuant to § 66412(d) of the Subdivision
Map Act that exceeds the limitation for minor lot line adjustments
as herein defined.
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§ 15.8. Minor Lot Line Adjustments. A
lot line adjustment pursuant to § 66412(d) of the Subdivision
Map Act where the land, in total, taken from one parcel and added
to an adjacent parcel, does not exceed 20% of the gross area of the
parcel from which it is taken and where the same number of parcels
as originally existed are the resultant.
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ARTICLE XIII LOT LINE ADJUSTMENTS
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§ 401. Major Lot Line Adjustments:
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Notwithstanding any other provisions of this ordinance,
the Planning Commission may approve Major Lot Line Adjustments as
herein defined provided that:
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(a) Each parcel involved in the adjustment is a
parcel approved under the procedures of this ordinance or any former
ordinance regulating the design and improvement of subdivisions;
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(b) The Planning Commission finds:
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(1) That because no significant change in access,
lot configuration or orientation of structures or utilities to lot
lines is proposed, the adjustment will not result in any significant
burden on public services or materially affect the proper rights of
any adjacent owners;
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(2) That the parcels to be adjusted are eligible
for unconditional certificates of compliance under the provisions
of the Subdivision Map Act and this ordinance; and
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(3) That the adjusted parcel configurations are
in accord with established neighborhood lot design patterns and not
violative of any statute, ordinance, regulation or good planning practice.
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(c) If any of the parcels to be adjusted are improved
with a primary structure, the applicant shall provide evidence to
the satisfaction of the City Engineer that the changes in parcel lines
will not violate any ordinances or regulations controlling such structures.
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The applicant for a major lot line adjustment shall
supply to the City such complete forms and documentation as the City
deems necessary to review and act upon the request. If the adjustment
is approved, the applicant shall cause to be filed for record a parcel
map pursuant to the applicable provision of this ordinance and the
Subdivision Map Act and to the satisfaction of the City Engineer.
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The applicant may appeal any decision of the Planning
Commission on a major lot line adjustment to the City Council. All
appeals shall be submitted and acted upon in the manner prescribed
in § 66452.2 of the Government Code.
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The fees for a major lot line adjustment shall be
established by resolution of the City Council.
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§ 402. Minor Lot Line Adjustments:
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Notwithstanding any other provisions of this ordinance,
the Planning Commission may approve Minor Lot Line Adjustments as
herein defined, provided that:
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(a) Each parcel involved in the adjustment is one
of the following:
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(1) A parcel improved with a primary structure;
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(2) A parcel approved under the procedures of this
ordinance or any former ordinance regulating the design and improvement
of subdivisions;
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(3) All or any portion of a former utility or public
right-of-way;
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(b) The Planning Commission finds:
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(1) That because no significant change in access,
lot configuration or orientation of structures or utilities to lot
lines is proposed, the adjustment will not result in any burden on
public services or materially affect the property rights of any adjacent
owners;
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(2) That the parcels to be adjusted are eligible
for unconditional certificates of compliance under the provisions
of the Subdivision Map Act and this ordinance; and
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(3) That the adjusted parcel configurations are
in accord with established neighborhood lot design patterns and not
violative of any statute, ordinance, regulation or good planning practice.
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(c) If any of the parcels to be adjusted are improved
with a primary structure, the applicant shall provide evidence to
the satisfaction of the City Engineer that the changes in parcel lines
will not violate any ordinances or regulations controlling such structures.
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The applicant for a minor lot line adjustment shall
supply to the City such completed forms and documentation as the City
deems necessary to review and act upon the request. If the adjustment
is approved, the applicant shall cause to be filed for record a certificate
of compliances containing the descriptions of the parcels as they
will exist after adjustment pursuant to the applicable provisions
of this ordinance, the Subdivision Map Act and to the satisfaction
of the City Engineer.
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The applicant may appeal any decision of the Planning
Commission minor lot line adjustments to the City Council. All appeals
shall be submitted and acted upon in the manner prescribed in § 66452.5
of the Government Code.
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The fees for a minor lot line adjustment shall be
established by resolution of the City Council.
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ARTICLE XIV VESTING TENTATIVE MAPS
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§ 350. Purpose and Intent.
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The purpose of this article is to establish procedures
for the implementation of Chapter 4.5 (commencing with § 66498.1)
of Division 2 of Title 7 of the Government Code of the State of California
which provides for the approval of vesting tentative maps. Except
as otherwise specifically provided by this article, the provisions
of this chapter shall apply to the filing, processing and review of
vesting tentative maps as said term is defined by § 66424.5
of the Government Code and § 352 of this article.
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§ 351. Consistency Requirement.
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The approval of a vesting tentative map shall be
consistent with the General Plan, any applicable specific plan, the
Zoning Ordinance, and any other applicable provision of this Code
in effect at the time provided by § 358(a) of this article.
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§ 352. Definition of Vesting Tentative
Map.
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A "vesting tentative map" shall mean a tentative
map for a residential subdivision, as defined in this chapter, that
shall have printed conspicuously on its face the words "Vesting Tentative
Map" at the time it is filed in accordance with § 353 of
this article, and is thereafter processed in accordance with the provisions
of this article and the Subdivision Map Act.
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§ 353. Application.
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(a) This article shall apply only to residential
subdivisions. Whenever a provision of the Subdivision Map Act or this
chapter requires the filing of a tentative map or tentative parcel
map for a residential subdivision, a vesting tentative map may instead
be filed, in accordance with the provisions of this article.
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(b) If a subdivider does not seek the rights conferred
by Chapter 4.5 of Division 2 of Title 7 of the Government Code and
this article, the filing of a vesting tentative map shall not be a
prerequisite to any approval for any proposed subdivision, permit
for construction, or work preparatory to construction.
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§ 354. Filing and Processing.
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A vesting tentative map shall be filed in the same
form, have the same contents, and provide the same information and
shall be processed in the same manner as set forth in this chapter
for a tentative map except as hereinafter provided:
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(a) At the time a vesting tentative map is filed
it shall have printed conspicuously on its face the words "Vesting
Tentative Map."
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(b) The application for a vesting tentative map
shall describe the manner in which the subdivision is proposed to
be developed, including but not limited to the height, size and location
of all buildings and other improvements.
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(c) A vesting tentative map shall not be accepted
for filing unless all other discretionary land use approvals required
for the proposed development have been obtained or applications therefor
are filed concurrently with such map.
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(d) Whenever a subdivider files a vesting tentative
map for a subdivision whose intended development is inconsistent with
the Zoning Ordinance in existence at the time of filing, such inconsistency
shall be noted on the map.
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§ 355. Fees.
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Upon filing a vesting tentative map, the subdivider
shall pay the fees required for the filing and processing of a tentative
map.
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§ 356. Condition Precedent to Approval.
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A vesting tentative map shall not be approved unless
all other discretionary land use approvals required for the proposed
development have been obtained.
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§ 357. Expiration.
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The approval or conditional approval of a vesting
tentative map shall expire at the end of the same time period, and
shall be subject to the same extensions, established by this chapter
for the expiration of the approval or conditional approval of a tentative
map.
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§ 358. Vested Rights Created by Approval
of Vesting Tentative Map.
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(a) Subject to the time limits established by paragraph
(c) of this section, the approval or conditional approval of a vesting
tentative map shall confer a vested right to proceed with development
in substantial compliance with the ordinances, policies, and standards
described in Government Code § 66474.2. If § 66474.2
of the Government Code is repealed, however, the approval or conditional
approval of a vesting tentative map shall confer a vested right to
proceed with development in substantial compliance with the ordinances,
policies, and standards in effect at the time the vesting tentative
map is approved or conditionally approved subject to the time limits
established by paragraph (c) of this section.
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(b) Notwithstanding paragraph (a) of this section,
a permit, approval, extension, or entitlement may be made conditional
or denied even though such action may be contrary to the ordinances,
policies, and standards described in paragraph (a) if any of the following
are determined:
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(1) A failure to do so would place the residents
of the subdivision or the immediate community, or both, in a condition
dangerous to their health or safety, or both.
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(2) The condition or denial is required in order
to comply with state or federal law.
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(c) The rights referred to in paragraph (a) of this
section shall expire if a final map is not approved prior to the expiration
of the vesting tentative map as provided in § 357 of this
article. If the final map is timely approved, such rights shall exist
for the following periods of time:
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(1) An initial time period of one year after the
recording of the final map. Where several final maps are recorded
on various phases of a project covered by a single vesting tentative
map, this initial time period shall begin for each phase when the
final map for that phase is recorded.
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(2) The initial time period set forth in subparagraph
(1) above shall be automatically extended by any time used for processing
a complete application for a grading permit if such processing exceeds
30 days from the date a complete application is filed.
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(3) The subdivider may apply to the Planning Commission
for a one year extension at any time before the expiration of the
initial time period set forth in subparagraph (c)(1) of this section.
If the extension is denied, the subdivider may appeal that denial
to the City Council within 15 days thereafter.
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(4) If the subdivider submits a complete application
for a building permit during the periods of time specified in subparagraphs
(1) — (3) above, the rights referred to herein shall continue
to exist until the expiration of such permit, or any extension thereof.
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§ 359. Amendment to Vesting Tentative
Map.
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Any time prior to the expiration of a vesting tentative
map, the subdivide, or his or her assignee, may apply for an amendment
to such map. A public hearing shall be held by the Planning Commission
on any amendment involving a substantial modification to the subject
subdivision or development related thereto. The decision by the Planning
Commission on the requested amendment shall be appealable to the City
Council in the manner provided by § 6.1 of this article.
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§ 360. Applications Inconsistent with
Established Policies.
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Notwithstanding any provision of this article, a
property owner or his or her designee may seek approvals or permits
for development which depart from the ordinances, policies, and standards
described in § 358(a), and the City may grant such approvals
or issue such permits to the extent that the departures are authorized
under applicable law.
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§ 361. Subsequent Permits, Licenses, and
Other Entitlements for Use.
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The provisions of this article shall not be construed
to prevent the City from conditionally approving or denying any permit,
license or other entitlement for use which is applied for by the subdivider
after the approval of a vesting tentative map provided such conditional
approval or denial is made in accordance with the ordinances, policies
and standards described in § 358(a) of this article.
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