Applicant shall complete the applications form as provided by the city.
A. 
No map shall be accepted for processing which is inconsistent with the general and applicable specific plans and zoning unless the subdivider files the necessary applications to ensure the required consistency. Certain land use applications may need to be processed prior to subdivision applications (i.e., General Plan amendments).
B. 
The subdivider shall, at the time of map approval application, submit to the city clerk the required number of map prints and such other information as required in this chapter.
C. 
The subdivider shall, at the time of making application for tentative map approval, pay a processing fee in an amount established by council resolution. No map will be accepted without the required fee. Thereafter, no action on the map will be taken by the city unless all accrued fees have been paid and the map will not be deemed accepted until all such fees have been paid.
D. 
Within 30 days of receipt of an application for a subdivision, the city shall notify the subdivider in writing as to whether such application is complete. If the application is determined to be incomplete, the city shall inform the subdivider of additional information required or the procedure by which such application can be made complete. Upon receipt of such additional materials a new 30-day period shall begin, during which the city shall determine the completeness of the application.
E. 
Only an application for a subdivision which has been determined or deemed to be complete, and for which all fees have been paid, shall be filed and processed pursuant to the Map Act and this title.
F. 
The filing of a tentative map application shall not preclude the city from requiring additional information from the subdivider necessary for the proper tentative map consideration nor does it ensure that the map complies with the law and with ordinance requirements.
(Ord. 214 § 1, 2012.)
The City Hall staff shall transmit copies of the tentative map to the following city departments and public agencies for review:
A. 
City engineer/public works department.
B. 
Point Arena waste water treatment plant.
C. 
Redwood Coast fire protection district.
D. 
Mendocino County sheriff's department.
E. 
Point Arena elementary and high school districts.
F. 
California Department of Transportation (CalTrans).
G. 
Mendocino County health department.
H. 
Mendocino County planning and building department.
I. 
Point Arena water works.
J. 
City attorney.
K. 
Other agencies as appropriate such as Native American Tribes, Regional Water Quality Control Board, and California Department of Fish and Game.
(Ord. 214 § 1, 2012.)
After a noticed public hearing on the map held within applicable time limits, the planning commission, if acting as a separate body, shall propose findings and recommendations for approval or denial along with proposed conditions to the city council for consideration. The city council shall conduct a public hearing and consider recommendations of the planning commission prior to approval or denial of applications. If there is no separate planning commission at the time of the application, the city council shall conduct the public hearing.
(Ord. 214 § 1, 2012.)
A. 
In approving or conditionally approving a tentative map, the city council shall find:
1. 
That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, the Local Coastal Plan, Zoning Ordinance, any applicable specific plan, and other applicable provisions of this title. This includes a finding that the proposed lot sizes are in general conformance with designated lot sizes for the zone, unless it can be demonstrated that there are constraints or other considerations that would reduce potential for resubdivision.
2. 
Except for condominium conversion projects where no new structures are added, that the design of the proposed subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as described in the Map Act and any guidelines adopted by the city.
3. 
That the site is physically suitable for the type and density of development.
4. 
That the proposed subdivision has been reviewed for CEQA compliance and that the project, after the adoption of any required mitigation measures, will not result in significant detrimental or adverse impacts on public resources, wildlife or public health, safety and welfare.
B. 
In disapproving or in approving at a lower density a housing development, the city council shall make written findings based upon substantial evidence in the record that both of the following conditions exist:
1. 
The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density.
2. 
There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified other than disapproval of the housing development project or approval upon condition that the project be developed at a lower density.
C. 
In approving or conditionally approving a tentative map for mobile home park conversion to another use per Government Code Section 66427.4, the city council shall be required to:
1. 
Take steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a similarly developed mobile home park or other suitable replacement housing;
2. 
Find that there already exists land zoned for replacement housing or adequate space in other mobile home parks for those residents who will be displaced;
3. 
Require the subdivider to take steps to mitigate any significant adverse impacts of the conversion on the ability of the displaced mobile home park residents to find adequate space in a mobile home park or other suitable housing; or
4. 
Make a finding, based upon substantial evidence, that mitigation pursuant to subparagraphs (1) and (3) is not feasible. As used herein, "feasible" shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
D. 
The city council may deny a tentative map on any grounds provided by law including, without limitation, a finding that the discharge of waste from the proposed subdivision into an existing community sewer system would result in, or add to, violation of existing requirements prescribed by a State Regional Water Quality Control Board. A tentative map shall be denied if any of the following findings are made:
1. 
That the proposed map is not consistent with the General Plan, Local Coastal Plan, Zoning Ordinance, applicable specific plans, or other applicable provisions of this title;
2. 
That the subdivision design or improvements is not consistent with the General Plan, Local Coastal Plan, Zoning Ordinance, applicable specific plans, or other applicable provisions of this title;
3. 
That the site is not physically suitable for the type and/or development density;
4. 
That the subdivision or proposed improvements design are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the city council may approve such a tentative map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to CEQA Section 21081(a)(3) that specific economic, social or other considerations make unfeasible the mitigation measures or project alternatives identified in the environmental impact report;
5. 
That the subdivision or related improvements may cause serious public health risks;
6. 
That the design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision;
7. 
That all requirements of the California Environmental Quality Act and the rules and procedures adopted by the council pursuant thereto have not been met;
8. 
That the applicant has failed to submit complete or adequate information; or
9. 
Subject to Government Code Section 66474.4 that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Government Code Section 51200) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.
(Ord. 214 § 1, 2012.)
A. 
Any applicable time limits for acting on a tentative map may be extended by mutual consent of the subdivider and planning commission or council. A waiver of applicable time limits may be required of the subdivider to permit concurrent processing of related project approvals or environmental review on the same project.
B. 
Prior to the expiration date, the subdivider may apply in writing for an extension of time. Each application shall be made on or before the expiration date. All requests for extensions shall be accompanied by a fee as established by council resolution.
C. 
Once an application for extension is timely filed, the map shall be automatically extended for 60 days, or as provided for in Government Code Section 66452.6(e), whichever occurs first.
D. 
An extension of time may be granted if the city council finds the subdivision, at the time the application for the extension of time is heard, conforms to the then-existing General Plan and Local Coastal Plan, is consistent with the zoning of the parcels and conforms to the improvement standards that are being imposed upon similar new subdivisions. The city council may condition its approval of an extension of the expiration date of a tentative map by subjecting the subdivider to any increase in applicable development fees or to new development fees which have been enacted since the approval of the map. The city council may extend the date on which the map expires up to 12 additional months and/or increments up to 12 months.
E. 
Vesting tentative map approval shall confer a vested right to proceed with development in accordance with Government Code Section 66498.1. Such rights shall expire one year following the recordation of the final map. Where multiple final maps are recorded on various designated approved phases of a project covered by a single vesting tentative map, the time limit set forth herein shall begin for each phase when the final map for that phase is recorded. In accordance with Section 66452.6(g) of the Map Act, a subdivider may apply for a one-year extension of the initial time period in accordance with subsection B.
(Ord. 214 § 1, 2012.)
A. 
An approved or conditionally approved tentative map or vesting tentative map shall expire 24 months after its approval or conditional approval unless an extension is approved. However, if a subdivider who is filing multiple final maps is made subject to a requirement to construct, improve or finance the construction or improvement of certain public improvements outside the boundaries of the tentative map, as set forth in Government Code Section 66452.6, or if the tentative map is on property subject to a development agreement authorized by Government Code Section 65864 et seq., then the expiration date shall be extended in accordance with Government Code Section 66452.6(a). An extension to the expiration date may also be approved as provided in this title.
B. 
The period of time specified in subsection A shall not include any period of time during which a development moratorium is in effect as provided in Government Code Section 66452.6.
C. 
The period of time specified in subsection A shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map providing that a stay of the time period is approved by the planning commission, as provided in Government Code Section 66452.6.
D. 
The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no final map on all or any portion of the real property included within an expired tentative map shall be filed without first processing a new tentative map.
(Ord. 214 § 1, 2012.)
An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor and be approved by the city engineer prior to final map or parcel map approval. The survey shall conform to the Map Act requirements and standards.
(Ord. 214 § 1, 2012.)
A. 
All preliminary final map and any other required information shall be prepared, and corrected if necessary, as determined by the city engineer.
B. 
The council shall consider the final map for approval at its next regular meeting after the city clerk receives the map. Before approving the final map, the council shall consider subdivision improvement agreement approval in accordance with this title.
C. 
The council shall approve the final map if it meets all the requirements and conditions of the Map Act and this title, in effect at the time of tentative map approval. If the subdivision improvement agreement and/or final map are unacceptable, the council shall make its recommended corrections, instruct the city clerk to return the map to the subdivider or agent to revise the agreement and/or final map and defer approval until an acceptable agreement and/or final map resubmitted.
D. 
If the subdivision improvement agreement and final map are approved by the council, it shall instruct the city clerk to execute the agreement on behalf of the city. At the time the council approves the final map, it shall also accept, accept subject to improvement, or reject any offer of dedication.
E. 
The city clerk shall certify on the final map the action by the council. If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities or storm drainage easements are not accepted by the council, the offer of dedication shall remain open and the council may, by resolution at any later date, and without further action by the subdivider, accept and open the streets, paths, alleys, rights-of-way for local transit facilities or storm drainage easements, which acceptance shall be recorded in the office of the county recorder.
F. 
The council may accept by resolution any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be shown as a resolution reference on the grant deed prior to recordation by the county recorder.
G. 
The council shall not postpone or refuse final map approval because the subdivider has failed to meet a tentative map condition requiring construction or installation of off-site improvements on land to which neither the subdivider nor the city has sufficient title or interest to permit the improvements to be made. In such a case, the city shall follow the procedure according to Government Code Section 66462.5.
H. 
The subdivider shall submit to the city clerk the original tracing of the map and any duplicates per county requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing. The date the map shall be deemed filed with the council is the date on which the city clerk receives the map.
(Ord. 214 § 1, 2012.)
Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map application is filed, notifies the city clerk in writing of the subdivider's intention to file multiple final maps on the tentative map in accordance with Government Code Section 66456.1. In providing the notice, the subdivider shall define the number or configuration of the proposed multiple maps. The city council shall approve the sequence of map approvals.
The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision number. The subdivision improvement agreement executed by the subdivider shall provide for improvement construction, or agreement, for the complete and orderly subdivision development.
(Ord. 214 § 1, 2012.)