A tentative map shall be required wherever a final map or parcel
map is required by the Subdivision Map Act, unless specifically waived
by the provisions of this title or the Subdivision Map Act.
(Ord. 2747 § 1, 1993)
Whenever a tentative map is required, the subdivider may, instead,
choose to submit a vesting tentative map in conformance with Government
Code Section 66424.5. No tentative map shall be considered a vesting
tentative map unless at the time the tentative map is filed it has
the words "VESTING TENTATIVE MAP" printed conspicuously on its face.
(Ord. 2747 § 1, 1993)
Whenever a tentative map is required, the subdivider shall submit
to the director a complete tentative map application to be processed
in accordance with the provisions of this chapter and title.
A complete application shall include the following:
A.
Application
Form.
1.
The
application shall be in a form specified by the director and shall
be accompanied with the correct filing fee;
2.
A
description of the applicant's interest in the property shall be stated
on the application form;
3.
A
dated signature by the property owner, or owners, authorizing the
processing of the application, and, if so desired by the property
owner, authorizing a representative to bind the property owner on
matters addressed in the application.
B.
Tentative
Map: Preparation, Form and Number of Copies.
1.
The
tentative map shall be clearly and legibly drawn and prepared by or
under the direction of a registered civil engineer or licensed land
surveyor.
2.
The
scale of the map shall be at least one inch equals 40 feet unless
otherwise specified by the director. If necessary to provide the proper
scale, more than one sheet may be used, but the relation of the several
sheets shall be clearly shown on each.
3.
No
single sheet shall exceed 60 inches in length and 42 inches in width.
4.
Full
size copies, and one copy reduced to eight and one-half inches by
11 inches (suitable for reproduction) of the tentative map. The number
of the tentative map copies shall be specified by the director.
C.
Information
Required on a Discretionary Tentative Map. The following information
shall appear on the face of the tentative map:
1.
The
proposed subdivision name;
2.
Names,
addresses and telephone numbers of the record owner and subdivider
of the land;
3.
Name,
address and telephone number of the person, firm or organization that
prepared the tentative map, and the applicable registration or license
number;
4.
Date
of preparation, north arrow and scale of the map;
5.
If
the tentative map is based on a survey, the date of the survey;
6.
A
vicinity map of appropriate scale sufficiently covering adjoining
territory to clearly indicate the nearby street patterns, major access
streets, property lines, and other adjacent properties in the subdivider's
ownership (north arrow pointing in the same direction as the north
direction of the subdivision);
7.
A
statement of existing and proposed zoning and general plan categories,
and existing and proposed uses of the property, with the approximate
areas of the proposed uses by type;
8.
Boundaries
and dimensions of the property(ies) involved in the subdivision, with
sufficient information to locate the property(ies), and the total
area of the subdivision;
9.
A
list of all service providers and districts, including water, sewer,
electric, natural gas, phone, cable and schools;
10.
The name of all adjacent subdivisions, if any, and property lines
sufficient to show their relationship to the proposed subdivision;
11.
Contour lines at intervals of not more than two feet where the general
slope of the property is less than 10 percent, and/or at five-foot
intervals where the general slope of the property exceeds 10 percent.
Contour lines shall extend beyond the tract boundaries where necessary
to show drainage conditions on surrounding property which may affect
the subdivision;
12.
Topographic information shall be sufficient to fully show the configuration
of the land and any and all depressions that present drainage problems;
13.
The location and general description of any trees with notations
as to their specimen type, and other significant natural features
with notations as to their retention or destruction;
14.
The location of all railroad rights-of-way and grade crossings; approximate
locations of all existing wells, abandoned wells and sumps; and an
indication of any physical restrictions or conditions in the subdivision
which affect the use of the property;
15.
The location of all structures within the subdivision boundaries,
notations if they are to remain or be removed, and their distances
from other structures and existing or proposed streets and lot lines;
16.
The locations, widths and purposes of all existing and proposed easements
for utilities, drainage and other public or private purposes, shown
by dashed lines, within and adjacent to the subdivision;
17.
The location of any 100-year future floodplain. The city engineer
may require additional hydrologic analysis to update or determine
the boundaries of the 100-year floodplain;
18.
Any area of fill or excavation and their respective quantities within
the 100-year future floodplain;
19.
The proposed method of providing storm water, drainage and erosion
control;
20.
The locations, widths and names or designations of all existing or
proposed streets, alleys, pedestrian ways and other rights-of-way,
whether public or private, within and adjacent to the subdivision
(including the radius of each centerline curve);
21.
Any planned line for street widening or for any other public project
in and adjacent to the subdivision;
22.
The lines and approximate dimensions of all lots, with sequential
numbers assigned to each;
23.
The total number of lots (listed by phase, if applicable);
24.
The total area in square footage or acreage to the nearest one-tenth
acre of each lot proposed to be utilized for other than single-family
or two-family housing;
25.
The boundaries and acreages of existing and proposed public areas
in and adjacent to the subdivision, with the nature of each indicated
thereon with the acreage thereof;
26.
Land to be offered for dedication for park or recreation purposes,
for school purposes, for purposes of providing public access to any
public waterway, river or stream, or other public purpose, shall be
so designated;
27.
Any changes to the subdivision design standards requested pursuant to Section 18.08.090 of this title must be shown on the tentative map and shall be clearly labeled and identified;
28.
If multiple final or parcel maps are to be filed on portions of the
property shown on the tentative map, a clear statement on the face
of the tentative map indicating the intent of the subdivider to do
so. Except that if a development agreement obligates the subdivider
to show proposed phasing of multiple final maps, then the subdivider
shall show the phases on the tentative map; and 29. A statement on
the face of the tentative map declaring that all easements of record
are shown on the tentative map and will appear on the final maps.
D.
Additional
Information and Plans Required With Discretionary Tentative Map Application.
In addition, the following plans and information shall be submitted
with a tentative map application:
1.
A
preliminary grading plan prepared in conformance with the improvement
standards;
2.
A
preliminary soils report shall be submitted with every tentative map
application. The preliminary soils report may be waived by the city
engineer if the city engineer determines that, due to the knowledge
the city engineer has as to the soil qualities of the subdivision,
a preliminary soils analysis is not necessary. If the preliminary
soils report indicates the presence of critically expansive soils
or other soil problems, including seepage, rocks or liquids containing
deleterious chemicals which, if not corrected, would lead to structural
defects or the deterioration of construction materials, a soils investigation
of each lot in the subdivision may be required by the city engineer
as a condition precedent to consideration of the tentative map. Any
soils investigation done pursuant to this title shall be prepared
by or under the direction of a registered civil engineer, engineering
geologist or geologist, specializing and recognized in soil mechanics
and foundation engineering, and licensed in the State of California.
3.
A
statement of proposed improvements, including all utilities and landscaping;
4.
Sufficient
information concerning the existing use of land and water areas in
the vicinity of the proposed project, insofar as the applicant can
reasonably ascertain.
5.
Any alterations proposed to the subdivision design standards shall be accompanied by supporting drawings, statements and other data as required in Section 18.08.090;
6.
A
preliminary title report issued not more than six months prior to
its submission to the city;
7.
A
traffic study, if required by the criteria established in the improvement
standards;
8.
A
master transportation, grading, and utility plans for subdivisions
which exceed 100 acres or 250 parcels, or when required by the city
engineer. The plans shall include all necessary supporting technical
data and computations as required by the city engineer and the city's
improvement standards; and
9.
Any
other information the director deems necessary to review the application.
E.
Additional
Information Required for Vesting Tentative Maps. A subdivider who
chooses to submit a vesting tentative map as provided for in this
chapter shall also submit the following detailed information with
the tentative map application:
1.
Height,
size, and location of all existing or proposed buildings, or structures;
2.
Utility,
sewer, water, storm drain, and road details;
3.
Detailed
grading plans adequate for issuance of a grading permit;
4.
Complete
applications for all other discretionary entitlements which are necessary
for the proposed use(s);
5.
Traffic
circulation and impact;
6.
Floodway
control and impact;
7.
A
description of the proposed use(s) of the land.
(Ord. 2747 § 1, 1993; Ord. 3286 § 3, 1998; Ord. 6477 § 5, 2022)
Within 30 days of receiving a tentative map application the planning department shall, in writing, determine if the application meets the requirements of Section 18.06.030. When an application is missing any required information it will not be processed. Prefiling occurs on the date that the application is received with all required information.
(Ord. 2747 § 1, 1993; Ord. 3286 § 3, 1998)
Within five days of prefiling the director will refer copies
of the tentative map application to any city department, local, state
or federal agency, or other individual or group the director believes
may be interested in the project. If no response is received within
21 days of the referral date, the director will assume that the outside
agency, individual or group has no comments. Comments related to an
environmental document for a project may still be accepted and considered
during its public review period.
(Ord. 2747 § 1, 1993; Ord. 6477 § 6, 2022)
Within 30 days of prefiling, the director will determine if
a project evaluation meeting (PEM) is needed. If the director determines
that a PEM is necessary, it will be scheduled within 30 days of prefiling.
The PEM will be scheduled with the applicant, the applicant's representatives,
and all city departments and agencies having jurisdiction or providing
services to the project site. The purpose of the meeting will be to
discuss:
A.
The
status of application acceptance;
B.
The
preliminary environmental determination;
C.
The
provision of services to the subject site;
D.
Compliance
with the provisions of the general plan, improvement standards, this
title and other city ordinances, including, but not limited to, design,
improvements, and other relevant topics; and
E.
As
determined by the director, all other data and reports necessary to
clarify, amplify, correct, or otherwise supplement the application
materials to prepare the environmental document, and to prepare a
recommendation to the advisory agency.
(Ord. 2747 § 1, 1993)
Pursuant to Government Code Section 65943, a tentative map application shall be accepted as complete by the director if it meets the requirements of Section 18.06.030 of this title.
Within 30 days of prefiling, the director shall send a letter
to the applicant indicating:
A.
If all of the required information for a tentative map application has been correctly submitted pursuant to Section 18.06.030; and
B.
All
information necessary to accept a complete application and to clarify,
amplify, correct or supplement the application; and
C.
Suggested
design changes or conditions of approval which may be recommended
to the advisory agency.
|
If the director determines additional information is required, and the additional information has not been received within six months of the letter requesting the information, then the application shall be deemed withdrawn, unless extended pursuant to Section 18.06.150.
|
(Ord. 2747 § 1, 1993)
A.
Within
30 days of accepting a complete tentative map application, the director
shall determine the appropriate environmental document pursuant to
the California Environmental Quality Act (CEQA).
B.
The
director shall prepare and circulate for public review and comment
the appropriate environmental document in accordance with CEQA. If
the tentative map application is exempt from CEQA, a notice of exemption
will be prepared.
(Ord. 2747 § 1, 1993; Ord. 6477 § 7, 2022)
An application shall be deemed filed in accordance with Section 66452.1 of the Subdivision Map Act after the environmental document has been adopted or certified by the advisory agency. If the director determines an application is exempt from the CEQA, it shall be considered filed 30 days after the tentative map application is accepted as complete as specified in Section 18.06.070.
(Ord. 2747 § 1, 1993)
The director shall give notice of an advisory agency action for the tentative map application in accordance with Section 18.06.130.
A written report will be prepared by the planning department
and mailed or delivered to the applicant not less than three days
prior to the action for tentative parcel maps. A written report will
be prepared by the planning department and mailed or delivered to
the advisory agency and the applicant prior to the hearing for tentative
maps.
Within 50 days of a tentative map application being filed pursuant to Section 18.06.090, the advisory agency shall approve, conditionally approve or deny the application.
(Ord. 2747 § 1, 1993; Ord. 3732 § 3, 2001)
As determined by the director, if the end use(s) of the project
will require other legislative or discretionary applications necessary
for the issuance of a building permit, then the other application(s)
shall be referred to the appropriate committee or commission and acted
upon before a vesting tentative map application is deemed filed and
subsequently acted upon.
(Ord. 2747 § 1, 1993)
The time limits specified in this chapter shall not apply to
a tentative map application until the effective date of a related
legislative action, including, but not limited to, a general plan
amendment, a rezone, a development agreement, or an easement abandonment.
(Ord. 2747 § 1, 1993)
A.
A public
notice of an intent to approve shall be provided for all tentative
parcel map applications. Notice of the intent to approve shall be
given at least 10 days in advance of the approval as follows:
1.
By
mailing, U.S. first class postage prepaid, to the applicant, the property
owner of the affected property and to the property owners of all property
within 300 feet of the affected property as such owners are shown
on the last equalized assessment roll of Placer County.
B.
Each
notice of intent to approve shall contain at a minimum:
1.
The
name(s) of the applicant(s) and property owner(s) of the affected
property;
2.
The
file number assigned to the application;
3.
The
location of the affected property, both in test and graphically in
the form of a map;
4.
A
description of the nature of the request;
5.
A
preliminary environmental determination;
6.
Identification
of the advisory agency as community development/planning director
and the scheduled date for action;
7.
The
following statement:
"The purpose of this notice is to inform you that an application
for the described project has been submitted to the Roseville Planning
Department. The Community Development/Planning Director may act on
the application without holding a public hearing, unless a public
hearing is requested in writing by you or any individual wanting to
comment on the project prior to the scheduled approval date."
8.
A
notice that if a decision is challenged in court, the challenge may
be limited to raising only those issues which were raised at a public
hearing, if a public hearing is requested, or in written correspondence
delivered to the community development/planning director at, or prior
to, the public hearing; and
9.
A
description of the procedure for requesting the scheduling of a public
hearing or filing an appeal.
C.
Written
notice shall also be given to any person requesting in writing notice
of a particular application.
D.
In
addition to these notification procedures, the city may choose to
give notice of a public hearing in any other way it deems necessary
or desirable.
(Ord. 3732 § 10, 2001)
A.
A public
hearing shall be held for all tentative maps. Notice of the public
hearing shall be given at least 10 days in advance of the hearing
as follows:
1.
By
publication in a newspaper of general circulation within the city
at least once; and;
2.
By
mailing, U.S. first class postage prepaid, to the applicant, the property
owner of the affected property, to each affected local agency expected
to provide school or other essential services to the project, whose
ability to provide the services may be significantly affected, to
CALTRANS if the project is within one mile of any state highway, to
the State Department of Water Resources if the project is within one
mile of any facility of the State Water Resources Development System,
and to the property owners of all property within 300 feet of the
affected property as such owners are shown on the last equalized assessment
roll of Placer County.
B.
Each
notice of a public hearing shall contain at a minimum:
1.
The
names of the applicant and property owner of affected property;
2.
The
file number assigned to the application;
3.
The
location of the affected property, both in text and graphically in
the form of a map;
4.
A
description of the nature of the request;
5.
A
preliminary environmental determination;
6.
The
date, time, and place of the hearing;
7.
Identification
of the body before whom the hearing will be held, and a brief description
of the process or procedure for submitting comments, including an
address for the submission of written comments; and
8.
A
notice that if the decision is later challenged in court the challenge
may be limited to those issues raised at the hearing or in written
comments prior to the hearing;
9.
A
discussion of the procedure for filing of an appeal.
C.
Written
notice shall also be given to any person requesting in writing at
least 10 days prior to hearing notice of a particular application.
The city may impose a fee for the purpose of recovering the cost of
such notification.
D.
In
addition to these notification procedures, the city may choose to
give notice of a public hearing in any other way it deems necessary
or desirable.
(Ord. 2747 § 1, 1993; Ord. 3732, § 3, 2001)
In addition to any other required notice to the public, the
city council shall not approve a final map for a subdivision to be
created from the conversion of residential real property into a condominium
project, community apartment project, or stock cooperative apartment
project unless each of the tenants has received the notice required
by Chapter 18.58 of the Zoning Ordinance and the Subdivision Map Act,
Government Code Section 66427.1.
(Ord. 2747 § 1, 1993; Ord. 3286 § 3, 1988)
All requests for extensions of processing time limits as specified
in the Subdivision Map Act or CEQA shall be made in writing by the
applicant to the director. Time limits for processing an application
pursuant to this title may be extended by mutual consent of the subdivider
and the director.
(Ord. 2747 § 1, 1993)
A request to withdraw an application pursuant to this title
shall be submitted to the director in writing, unless made at the
public hearing. Upon receipt of the request, the director shall notify
all concerned parties of the withdrawal. A refund of the filing fee
shall be made in accordance with adopted resolutions and ordinances
in effect at the time the withdrawal is made.
(Ord. 2747 § 1, 1993)
A.
Following the notice and action, the advisory agency shall approve, conditionally approve, or deny the proposed application based upon the minimum findings below, and in accordance with the requirements of this title. All decisions of the advisory agency may be appealed in accordance with the appeal procedures of Chapter 18.24.
B.
The
advisory agency may conditionally approve or deny any such application,
extension or other entitlement associated with a vesting tentative
map if it finds that either:
(Ord. 2747 § 1, 1993; Ord. 3732 § 3, 2001)
The advisory agency shall make findings reflecting the evidence
on the record and take action to either approve, conditionally approve
or deny the application.
A.
Findings
for approval of a tentative map (vesting or otherwise):
1.
The
size, design, character, grading, location, orientation and configuration
of lots, roads and all improvements for the tentative subdivision
map are consistent with the density, uses, circulation and open space
systems, applicable policies and standards of the general plan or
any applicable specific plan for the area, whichever is more restrictive,
and the design standards of this title; and
2.
The
subdivision will result in lots which can be used or built upon. The
subdivision will not create lots which are impractical for improvement
or use due to the steepness of terrain or location of watercourses
in the area; the size or shape of the lots or inadequate building
area; inadequate frontage or access; or, some other physical condition
of the area; and
3.
The
design and density of the subdivision will not violate the existing
requirements prescribed by the Regional Water Quality Control Board
for the discharge of waste into the sewage system, pursuant to Division
7 of the Water Code.
B.
Findings
for denial of a tentative map (vesting or otherwise):
1.
The
proposed map is not consistent with the general plan and any applicable
specific plan; or
2.
The
design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans; or
3.
The
site is not physically suitable for the type of development; or
4.
The
site is not physically suitable for the proposed density of development;
or
5.
The
design of the subdivision or the proposed improvements are likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat; or
6.
The
design of the subdivision or type of improvements is likely to cause
serious public health problems; or
7.
The
design of the subdivision or the type of improvements will conflict
with easements acquired by the public at large for access through
or use of property within the proposed subdivision. In this connection,
the governing body may approve a map if it finds that alternate easements,
for access or for use, will be provided, and that these will be substantially
equivalent to 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 and no authority
is granted to a legislative body to determine that the public at large
has acquired easements for access through or use of property within
the proposed subdivision.
C.
Additional
Findings for a Condominium Conversion. In addition to the findings
above, the advisory agency must make the following finding(s) for
a tentative map which involves a condominium conversion:
(Ord. 2747 § 1, 1993; Ord. 3286 § 3, 1998)
The tentative map, or any portion thereof, may be conditionally
approved if there is evidence of critical soils problems. As a condition
of the approval, the issuance of any building permit may be withheld
for individual lots until the recommended corrective action, as determined
by the city engineer, has been incorporated into the building plans
for the construction of each such structure.
(Ord. 2747 § 1, 1993)
Within two working days of the action by the advisory agency,
a notice of their decision shall be mailed to the applicant at the
address appearing on the application, or to such other address designated
in writing by the applicant. The notice shall contain the following
information:
A.
Findings
upon which the decision was based;
B.
The
environmental document prepared and date ratified;
C.
The
action of the advisory agency;
D.
Conditions
of approval;
E.
A tentative
map expiration date and renewal requirements;
F.
Notice
of the appeal period and a brief description of procedure to file
an appeal; and
G.
Notice
of need to pursue administrative remedies.
(Ord. 2747 § 1, 1993; Ord. 3286 § 3, 1998)
A decision to approve or conditionally approve an application
shall be effective upon the expiration of the 10-calendar-day appeal
period, unless an appeal is received.
(Ord. 2747 § 1, 1993)
An approved or conditionally approved tentative map application
is assignable, but an assignment does not discharge any conditions
or obligations of the application. If an approved or conditionally
approved application is assigned, notice shall be given to the director
within 30 calendar days of the assignment. Such notice shall include
the name(s) and address(es) of the "party(ies)" being assigned the
approved or conditionally approved application.
(Ord. 2747 § 1, 1993)
Tentative maps shall be initially approved or conditionally
approved for 24 months. Within 24 months from the date of approval
or conditional approval, the applicant may prepare, submit and record
the final map, parcel map or other documents required by this title
and the Subdivision Map Act.
(Ord. 2747 § 1, 1993)
Expiration of the tentative map shall automatically terminate
all proceedings; the city engineer shall not accept a final map or
parcel map including any or all of the real property included within
the tentative map and other related documents, except as provided
in Section 66452.6(d) et seq., of the Subdivision Map Act.
(Ord. 2747 § 1, 1993)
A subdivider may request an extension of the expiration date
for an approved or conditionally approved tentative map. A request
to extend the tentative map expiration date shall be made on an application
form provided by the director. The application shall be submitted
prior to expiration of the tentative map and once the application
is submitted to the planning department, the tentative map shall automatically
be extended for another 60 days.
The information and materials required for an application to extend the expiration date of a tentative map shall be the same as required in Section 18.06.030.
(Ord. 2747 § 1, 1993)
Upon receipt of a complete application to extend the tentative map expiration date, the director shall schedule the application before the appropriate advisory agency (refer to Table 18.04.030.A). The director shall give notice pursuant to Table 18.06.030.A as required in Section 18.10.060 (Notice of Intent), or as required in Section 18.06.130 (Notice of Public Hearing).
The director shall review the request to extend the date of
expiration for its approval or denial. A copy of the director's report
shall be mailed to the applicant three days prior to the public hearing
for the extension. In approving or denying the request for extension,
the advisory agency shall make findings supporting its decision.
Time extensions shall only be granted subject to the condition
that the final map shall be prepared and improvements constructed
and installed in compliance with requirements in effect at the time
such extension is considered by the advisory agency.
(Ord. 2747 § 1, 1993; Ord. 3732 § 3, 2001)
A tentative map application which has been approved or conditionally
approved may be extended for a total of five years from the expiration
date; unless otherwise provided for by state law. The advisory agency
may extend the expiration of the tentative map application in any
increments it deems necessary up to, but not beyond, five years.
(Ord. 2747 § 1, 1993; Ord. 3286 § 3, 1998; Ord. 3732 § 3, 2001)
A.
This
section shall only apply if written notice of an intention to file
multiple final or parcel maps was indicated on the approved, or conditionally
approved tentative map, or, if after filing the tentative map the
director and the subdivider concur in the filing of multiple final
maps.
B.
Each
filing of a final map authorized by Government Code Section 66456.1
or a parcel map authorized by Government Code Section 66463.1 shall
extend the expiration of the approved or conditionally approved tentative
map by 36 months from the date of its expiration, or the date of the
previously filed final map, whichever is later, either as a condition
of approval or as part of the subdivision or as part of an obligation
of an underlying development agreement, a subdivider is required to
expend $125,000.00 (adjusted annually pursuant to Government Code
Section 66452.6) or more to construct, improve, or finance the construction
or improvement of public improvements outside the property boundaries
of a tentative map, as determined by the evidence submitted to the
city engineer, excluding improvements for public rights-of-way and
easements abutting the boundary of the property to be subdivided which
are reasonably related to the development of the property.
C.
The
extensions shall not extend the approval or conditional approval of
the tentative map more than 10 years, unless extended for a period
of time provided for in a development agreement (but not beyond the
duration of the development agreement).
(Ord. 2747 § 1, 1993)
An approved or conditionally approved tentative map may be modified
as allowed herein. A subdivider may propose to modify the terms of
the design of the approved or conditionally approved tentative map
and/or the waiver or alteration of the conditions of approval. A subdivider
may also modify an approved or conditionally approved tentative map
if the final map or parcel map does not substantially comply with
the approved or conditionally approved tentative map, as determined
by the city engineer.
Requests to modify an approved or conditionally approved tentative
map application will either be processed either as a minor or major
modification.
(Ord. 2747 § 1, 1993)
A minor modification shall be limited to changes which:
A.
Are
substantially consistent with the intent of the original approval;
B.
Do
not change the finding(s) upon which the approval was based;
C.
Do
not have a substantial or significant effect on the property rights
of other land owners in the area.
|
Notwithstanding the above, a modification may be processed as
a minor modification as provided for in an adopted specific plan.
Modifications which do not meet all of the criteria above shall be
processed as major modifications.
|
|
Minor modifications may be approved, conditionally approved or denied by the director. However, the director may determine that there are circumstances requiring consideration by the commission. All minor modification applications require a notice of intent as required in Section 18.06.125.
|
|
After acting upon the minor modification application, the director
shall notify the applicant of its action within two working days.
|
(Ord. 2747 § 1, 1993; Ord. 3286 § 3, 1998; Ord. 3732 § 3, 2001)
All modifications other than those meeting the criteria set forth in Section 18.06.300 shall be processed as major modifications. Major modifications require notice of a public hearing as required in Section 18.06.130 before action by the advisory agency which originally acted upon the tentative map.
(Ord. 2747 § 1, 1993)
Action by the advisory agency to modify a tentative map application
shall not change the expiration date for filing the required documents
with the city engineer, such as a final map or parcel map.
(Ord. 2747 § 1, 1993)
A.
At the time of submitting a tentative map application a subdivider may request that the advisory agency waive the requirement to submit and process a parcel map as otherwise required pursuant to Chapter 18.16. The request to waive the requirement of a parcel map shall also include an application for a certificate of compliance and new legal descriptions for all new parcels pursuant to Chapter 18.14.
B.
A parcel
map may be waived by the advisory agency if it is provided with evidence
that:
1.
The
site is a portion of the operating right-of-way of a railroad corporation,
as defined by Section 230 of the Public Utilities Code, and will be
created by a short-term lease (terminable by either party on not more
than 30-days' notice); or,
2.
At
least two-thirds of the owners of mobile homes who are tenants in
a mobile home park sign a petition as shown in Section 66428.1(b)
of the subdivision map act indicating their intent to buy the mobile
home park for purposes of converting the park to resident ownership,
and a field survey has been performed, the requirement for a final
or parcel map shall be waived unless any of the conditions listed
in Section 66428.1 of the Subdivision Map Act exist; or
3.
The
land is being conveyed to or from a governmental agency, public entity,
public utility, or the land is being conveyed to a subsidiary of a
public utility for conveyance to that public utility for rights-of
way, unless a showing is made in individual cases, upon substantial
evidence, that public policy necessitates a parcel map; or
4.
The
land being divided consists of a lot or parcels shown on a recorded
parcel map or final map and the full street improvements, flood and
drainage improvements, water supply improvements, sanitary sewer improvements,
electrical improvements, natural gas, cable and telephone improvements,
have been constructed and dedication of all necessary rights of way
and easements have been completed, and monumentation is evident.
C.
The advisory agency acting upon the tentative map and the request to waive the parcel map shall make the findings of Section 18.06.180. The advisory agency may grant the waiver and will issue a certificate of compliance if:
a.
The
subdivider files an application with the city engineer, including
any fees required, verifying the existence of monumentation, the existence
of improvements and completion of dedications and easements; and
b.
The
advisory agency finds that the tentative map complies with requirements
of this title and the Subdivision Map Act.
(Ord. 2747 § 1, 1993)
