A. Any
person proposing to create a major subdivision shall file a tentative
map pursuant to this chapter. The City Council shall not approve a
final map unless prior thereto a tentative map of the subdivision
shown thereon shall have been filed with and reported on by the Planning
Commission.
B. If a parcel map is authorized for a major subdivision pursuant to the Subdivision Map Act or Section
18.40.080, the City Engineer shall not approve such map unless prior thereto a tentative map of the subdivision shown thereon shall have been filed with and reported on by the Planning Commission.
(Ord. 459 § 16.03.010, 1979)
All tentative maps shall be in the form and shall contain and
be accompanied by the date specified by the rules and regulations
prescribed by the Planning Commission and approved by the City Council
and shall be accompanied by either a negative declaration or a draft
environmental impact report prepared in accordance with rules and
procedures adopted by the City Council pursuant to CEQA.
(Ord. 459 § 16.03.020, 1979)
There shall be filed with each tentative map a grading plan
showing any grading proposed for the creation of building sites within
the subdivision or for construction or installation of improvements
to serve the subdivision. In the event no such grading is proposed,
a statement to that effect shall be filed with the tentative map.
(Ord. 459 § 16.03.030, 1979)
A. A preliminary
soils report, prepared by a registered civil engineer and based upon
adequate test borings, shall be submitted to the City Engineer for
every subdivision with respect to the subdivision lots and adjoining
roads.
B. A preliminary
soils report may be waived by the City Engineer, providing the City
Engineer finds that, due to the knowledge the City has as to the soils
qualities of the soils in the subdivision, no preliminary analysis
is necessary.
C. If
the City has knowledge of, or the preliminary soils report indicates,
the presence of critically expansive soils or other soils problems
which, if not corrected, would lead to structural defects, a soils
investigation of each lot in the subdivision may be required by the
City Engineer. Such soils investigation shall be done by a registered
civil engineer, who shall recommend the corrective action which is
likely to prevent structural damage to each structure proposed to
be constructed in the area where such soils problem exists.
D. The
advisory agency may approve the subdivision or portion thereof where
such soils problem exists if it determines that the recommended action
is likely to prevent structural damage to each structure to be constructed
and a condition to the issuance of any building permit may require
that the approved recommended action be incorporated in the construction
of each structure.
(Ord. 459 § 16.03.040, 1979)
The Planning Commission is authorized and directed to carry
out the following actions:
A. Hold
a public hearing on tentative map filed with it;
B. Publish
notice of the time and place of any public hearing once in a newspaper
of general circulation published and circulated within the City at
least 10 days before the hearing, and mail a notice of public hearing
to each owner of real property, as such owners are shown on the last
equalized assessment roll, within 300 feet of the boundaries of the
proposed subdivision at least 10 days before said hearing; provided,
however, notice as specified in this subsection shall not be required
in cases where the question before the Commission is a request for
an extension of time for filing a final map or a modification to a
previously approved resolution of conditional approval not affecting
any design or improvement;
C. Investigate
each tentative map filed with it pursuant to this chapter or the Subdivision
Map Act, and the improvements proposed to be constructed and installed
in or to serve the subdivision, and make its report with respect to
the design and improvements of the subdivision and the kind, nature,
and extent of the proposed improvements;
D. Obtain
the recommendations of the following:
1. The
City Engineer and the City Planner, with respect to the design of
the proposed subdivision and the kind, nature, and extent of the proposed
improvements, and
2. The
Chief of the City Fire Department, with respect to appropriate fire
flow, fire hydrants, and connections to be installed, wherever such
installations are proposed, and
3. Such
other agencies as may be required by the Planning Commission or the
secretary thereof;
E. Within 50 days of the filing of the tentative map, the Planning Commission shall, after public hearing thereon, by resolution, recommend approval, conditional approval, or disapproval of the tentative map to the City Council and file such recommendation with the City Clerk. Should the Planning Commission recommend disapproval of the tentative map, such disapproval shall be reported directly to the applicant within 50 days of filing of the tentative map and shall be final unless appealed pursuant to the provisions of Section
18.12.100.
The report of the Planning Commission shall include findings
and recommendations on the findings required by the Subdivision Map
Act.
F. A copy
of the recommendations on any tentative map submitted to the Planning
Commission shall be submitted to the subdivider a minimum of three
days prior to consideration by the Planning Commission. Submittal
shall be accomplished by mailing a copy of the recommendations first
class.
G. If
the Planning Commission recommends approval or conditional approval
of a tentative map, it shall prescribe, pursuant to the provisions
of this chapter, the kind, nature, and extent of the improvements
to be constructed or installed in or to serve the subdivision for
which the tentative map is filed; provided, however, if the Planning
Commission does not prescribe the kind, nature, or extent of the improvements
to be constructed or installed, improvements shall be constructed
and installed in accordance with the City specifications.
(Ord. 459 § 16.03.050, 1979)
A. After
a tentative map is filed with the City Clerk, unless an appeal is
filed, the City Clerk is directed, unless otherwise directed by the
City Council, to place it on the agenda of the first Council meeting
after the Planning Commission approves its minutes of the meeting
in which it considered the tentative map, or the agenda of the first
Council meeting within 30 days after the date of the Planning Commission's
adoption of its resolution reporting upon the tentative map if the
Planning Commission has not approved its minutes within that time.
B. If no appeal is filed, the City Council shall consider the tentative map at the time set forth in subsection
A of this section and shall, by resolution, approve, conditionally approve, or disapprove the tentative map and shall make such findings as are required by Section
18.12.070. The City Council may, by resolution, adopt by reference the findings and recommendations of the Planning Commission, or may modify such findings and recommendations as they consider appropriate in view of the evidence presented.
(Ord. 459 §§ 16.03.060,
16.03.070, 1979)
A. The
City Council shall find that the proposed subdivision, together with
the provisions for its design and improvement, is consistent with
any general plan required by Article 5 of Chapter 3 of Division 1
of Title 7 of the
Government Code, or with any specific plan adopted
pursuant to Article 8 of said chapter, division and title, or it shall
disapprove the tentative map.
B. The
City Council shall not approve the tentative map if it makes any of
the following findings:
1. That
the proposed map is not consistent with applicable general and specific
plans;
2. That
the design or improvement of the proposed subdivision is not consistent
with the applicable general and specific plans;
3. That
the site is not physically suitable for the type of development;
4. That
the site is not physically suitable for the proposed density of development;
5. That
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;
6. That
the design of the subdivision or the type of improvements is likely
to cause serious public health problems;
7. 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; in this connection, the City Planner
may approve a map if he or she 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;
8. That
all requirements of CEQA have not been met.
(Ord. 459 § 16.03.080, 1979)
Whenever the City Council finds that the real property to be
divided is of such size or shape or is subject to such title limitations
of record or is affected by such usage that it is impossible or impractical
in the particular case for the subdivider to conform fully to the
requirements of this chapter, the City Council may waive or modify
such requirements as it deems reasonably necessary; provided, however,
any such waiver or modification shall be in conformity with the spirit
and purpose of the Subdivision Map Act and of this chapter. The City
Council may waive or modify such requirements upon such reasonable
conditions as it deems appropriate.
(Ord. 459 § 16.03.090, 1979)
After filing of the tentative map and prior to approval of the
tentative map, the City Planner may require the subdivision to be
flagged by the subdivider. Such flagging shall consist of flags at
all lot or subdivision corners, centerlines of streets, and at such
other points as may reasonably be required by the City Planner.
(Ord. 459 § 16.03.100, 1979)
A. If the subdivider is dissatisfied with any action of the Planning Commission with respect to a tentative map he or she may appeal to the City Council as provided in Section 66452.5 of the Subdivision Map Act. Notice of any hearing by the City Council on any appeal by any subdivider shall be given in the manner provided for by Section
18.12.050.
B. Any
interested person adversely affected by any action of the Planning
Commission with respect to a tentative map may appeal to the City
Council as provided in Section 66452.5 of the Subdivision Map Act.
Any such appellant shall be subject to the same procedural requirements
and shall be entitled to the same notice and rights regarding testimony
as apply to the subdivider under Section 65452.5 of the Subdivision
Map Act.
C. Whenever
the City Council holds a hearing on an appeal from the action of the
Planning Commission and thereafter takes no action because a motion
on the item failed to carry by the required vote, the City Clerk shall
set the matter for a noticed public hearing de novo if such hearing
is requested by the City Council. Such a request must be made within
30 days of the date when the motion on the item failed to carry. If
no such request is made within such period, the decision of the Planning
Commission shall be deemed sustained.
(Ord. 459 §§ 16.03.101—16.03.103,
1979)
Within three years after the approval or conditional approval
of the tentative map, the subdivider may cause the subdivision or
any part thereof to be surveyed and a final map to be prepared in
accordance with the tentative map as approved or conditionally approved
and in accordance with the Subdivision Map Act and this chapter; provided,
however, that if prior to the expiration of said three years the subdivider
files with the Planning Commission a written application for an extension,
the Planning Commission or, on appeal, the City Council, may at any
time 90 days prior to the expiration of said three years grant an
extension not exceeding three years. In the event the Planning Commission
denies a subdivider's application for extension, the subdivider may
appeal to the City Council. Following the hearing on an appeal from
the decision of the Planning Commission, the City Council shall grant
or deny the extension or grant the extension subject to specified
conditions.
(Ord. 459 § 16.03.104, 1979; Ord. 546 § 1, 1981; Ord. 596 § 1, 1982)
A. If a subdivider desires to revise or alter a proposed subdivision for which a tentative map has been approved by the City Council, the subdivider may file with the Planning Commission a revised tentative map on payment of the fees prescribed in Chapter
18.76.
B. A revised
tentative map shall conform to the following requirements:
1. The
proposed subdivision shown on such map shall generally conform to
the street and lot pattern shown on the approved tentative map.
2. The
proposed subdivision shown on such map shall include only one contiguous
area consisting of all or a portion of the subdivision shown on the
approved tentative map together with such additional land, if any,
as the subdivider desires to include.
3. The
map shall contain all of the information required on tentative maps
and shall be accompanied by such data as is required to be filed with
tentative maps.
C. A revised
tentative map may be filed within 18 months after the approval of
the tentative map by the City Council or, if an extension of time
is granted, within the period specified.
(Ord. 459 § 16.03.105, 1979)