Four different types of maps and procedures are available for the purpose of creating subdivisions and lots. Certain subdivisions may be created without following a map procedure.
(Added by Ord. 95-03, 2/14/95)
A tentative tract map, as defined in Section 7.02.110, is permitted pursuant to the provisions of this Code.
(Added by Ord. 95-03, 2/14/95)
A tentative parcel map, as defined in Section 7.02.110, is permitted pursuant to the provisions of this Code.
A parcel map shall not be required for subdivisions of a portion of the operating rights-of-way of a railroad corporation, as defined by Public Utilities Code Section 230, which are created by short-term leases, i.e., terminable by either party on not more than 30 days' written notice. Furthermore, a parcel map shall not be required for land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made based upon substantial evidence in individual cases that public policy necessitates a parcel map.
(Added by Ord. 95-03, 2/14/95)
A subdivision may be created by the recordation of a final tract map that is in substantial conformance with all or a portion of an approved or conditionally approved tentative tract map. Each final tract map shall include all or an approved portion of the approved or conditionally approved tentative tract map. It shall be filed in compliance with the provisions of this Subdivision Code, the Subdivision Map Act, and the Subdivision Manual.
(Added by Ord. 95-03, 2/14/95)
(a)
A subdivision may be created by the recordation of a final parcel map that is in substantial conformance with an approved or conditionally approved tentative parcel map or with a portion of an approved or conditionally approved tentative parcel map which complies with the provisions of Section 7.03.020(c). A final parcel map may also be recorded on portions of a tentative tract map when such portions comply with the specifications of Section 7.03.020(b), (c) or (d). It shall be filed in compliance with the provisions of this Subdivision Code, the Subdivision Map Act (in particular, Government Code Sections 66426 and 66463.1) and the Subdivision Manual.
(b)
A parcel map shall be based upon a field survey except that a parcel map may be compiled from record data when the Director determines that the subdivision does not require a field survey provided the map complies with the provisions of the Subdivision Map Act.
(Added by Ord. 95-03, 2/14/95)
Certain types of land divisions and transactions may be completed without complying with the entire tentative and final tract or parcel map procedure, as specified.
(a)
A request for determination as to the status of any parcel of land created as a result of a lease or conveyance specified by subdivisions (l) through (15) of this Subsection may be submitted in compliance with the certificate of compliance procedure as stated in Chapter 7.30 of this Subdivision Code. Neither a tentative or final tract or parcel map is necessary for the following:
(1)
The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;
(2)
Mineral, oil or gas leases;
(3)
Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;
(4)
Leases of agricultural land for agricultural purposes;
(5)
Short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code;
(6)
Subdivisions in which every parcel has a gross area of 60 acres or more;
(7)
Lot line adjustments;
(8)
Conveyances of land for rights-of-way to or from a governmental agency, public entity or public utility or to a subsidiary of a public utility for conveyance to such a public utility; however, in any of these instances a tentative and final tract or parcel map may be required if the Director determines that a map is necessary for purposes of public health and safety or for the general welfare;
(9)
Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party;
(11)
Unless a parcel or final map was approved by the Subdivision Committee, the conversion of a community apartment project, as defined in Business and Professions Code Section 11004, to a condominium, as defined in Civil Code Section 783, but only if all of the following requirements are met:
(A)
At least 75% of the units in the project were occupied by record owners of the project on March 31, 1982,
(B)
A final or parcel map of the project was properly recorded, if the property was subdivided, as defined in Government Code Section 66424, after January 1, 1964 with all of the condition of that map remaining in effect after the conversion,
(C)
The Director certifies that the above requirements were satisfied;
(12)
Unless a parcel or final map was approved by the Subdivision Committee, the conversion of a stock cooperative, as defined in Business and Professions Code Section 11003.2, to a condominium, as defined in Civil Code Section 783, but only if all of the following requirements are met:
(A)
At least 51% of the units in the cooperative were occupied by stockholders of the cooperative on January 1, 1981, or individually owned by stockholders of the cooperative on January 1, 1981. As used in this subparagraph, a cooperative unit is individually owned if and only if the stockholder of that unit owns or partially owns an interest in no more than one unit in the cooperative,
(B)
No more than 25% of the shares of the cooperative were owned by any one person, as defined in Government Code Section 17, including an incorporator or director of the cooperative, on January 1, 1981,
(C)
A person renting a unit in a cooperative shall be entitled at the time of conversion to all tenant rights in State or local law, including, but not limited to, rights respecting first refusal, notice and displacement and relocation benefits,
(D)
The Director certifies that the above requirements were satisfied;
(13)
The leasing of, or the granting of an easement to, a parcel of land or any portion or portions thereof, in conjunction with the financing, erection and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the City;
(14)
The leasing or licensing of a portion of a parcel, or the granting of an easement, conditional use permit or similar right on a portion of a parcel, to a telephone corporation as defined in Public Utilities Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, including but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the City;
(15)
The establishment of condominiums on property pursuant to the requirements of the Subdivision Map Act and this Title when the Subdivision Committee or City Council approved a parcel map or final map for the project, the separation of a three-dimensional portion or portions of the property from the remainder of the property or the division of that three-dimensional portion or portions into condominium shall not constitute a further subdivision as defined in Government Code Section 66424, provided each of the following conditions has been satisfied:
(A)
The total number of condominiums established is not increased above the number authorized by the City in approving the parcel map or final map,
(B)
A perpetual estate or an estate for years in the remainder of the property is held by the condominium owners in undivided interests in common, or by an association as defined in subdivision (a) of Civil Code Section 1351, and the duration of the estate in the remainder of the property is the same as the duration of the estate in the condominiums,
(b)
A final parcel map is not required when waived pursuant to the provisions of Chapter 7.26 of this Subdivision Code.
(c)
A request for certificate of compliance may or may not require a tentative map, as specified by the Director.
(Added by Ord. 95-03, 2/14/95)
Whenever a subdivider seeks to have a parcel otherwise covered by the provisions of this Subdivision Code omitted or determined to be a designated remainder parcel, the provisions of Government Code Section 66424.6 shall apply and be followed by the subdivider and the City.
(Added by Ord. 95-03, 2/14/95)
A vesting tentative map is a map which confers a vested right to proceed with development for a specified period of time after recordation.
(a)
A vesting tentative map is at the option of the subdivider and shall not be a prerequisite to any proposed subdivision or application for development.
(b)
A vesting tentative map shall be conspicuously identified on the submittal as a "Vesting Tentative Map."
(c)
A vesting tentative map is limited to development of the property pursuant to the applicable regulations in existence at the time of approval of the vesting tentative map.
(d)
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the Zoning Code, the Subdivision Code or other applicable provisions of this Code or any code adopted by reference by this Code.
(f)
At the time the vesting tentative map is filed, the subdivider shall also supply all of the following information and documents:
(1)
A detailed grading plan which specifies total cubic yards of cut and/or fill and includes estimated total import or export;
(2)
Detailed plans, diagrams and other information showing existing street, sewer, water and drainage facilities available to serve the subdivision;
(3)
Diagrams and information concerning proposed street, sewer, water and drainage facilities to serve the proposed subdivision, including engineering calculations to support their adequacy;
(4)
A hydrology study, which shall also include a hydrologic analysis of the proposed drainage facilities to convey runoff from the proposed subdivision in a manner which will not adversely impact downstream properties;
(5)
A detailed traffic analysis indicating existing traffic conditions, future traffic impact from the proposed subdivision and any proposed traffic control devices;
(6)
An acoustical analysis if such an analysis would otherwise be required prior to the construction of dwelling units in the proposed subdivision;
(7)
A soils engineering report appropriate to the site as determined by the Director of Public Works and Engineering Services.
(g)
Concurrently with the filing of a vesting tentative map, the subdivider shall file any other application (conditional use permit, coastal development permit, site development permit, zone text amendment, zone change, variance, etc.) or plans which would otherwise be required prior to the issuance of building permits.
(h)
No vesting map shall be approved or conditionally approved unless any and all required and concurrently filed applications are also approved or conditionally approved.
(i)
No subdivision, with respect to which a vesting tentative map was approved or conditionally approved, shall be developed in a manner inconsistent with the approval of a concurrently filed and required application and/or plan, except by consent of the agency which approved the application or plan.
(j)
A vesting tentative map shall be processed in the same manner as a tentative map. However, previously approved tentative maps which were not approved as vesting tentative maps may be so approved only if refiled and processed in compliance with all requirements herein.
(k)
The provisions of Section 7.05.075 of this Chapter shall apply to an approved or conditionally approved vesting tentative map.
(l)
The vested right for a recorded subdivision map shall be for a period of one year beyond the recording date of the final map or parcel map, and shall confer on such maps all rights described in Government Code Sections 66498.1 through 66498.8. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map, the one year time period shall commence when the final map or parcel map for that phase is recorded. Prior to the expiration of the initial one year period, the developer may apply for a one year extension of the period of the vested right to the Planning Commission. If the extension is denied, the developer may appeal in accordance with Section 2.04.100 et seq. of this Code.
(m)
The provisions of Section 7.05.070 of this Chapter shall apply to an approved or conditionally approved vesting tentative map.
(n)
Fees for the filing and processing of vesting tentative maps shall be the same as the fees established for the filing and processing of tentative maps. However, the City Council may establish by resolution an additional fee to cover additional costs incurred by the processing of vesting tentative maps, including an extension of time.
(o)
Fees for development permits (e.g., building and grading permits) filed pursuant to an approved vesting tentative map or a recorded vesting final/parcel map shall be paid at the prevailing rate in effect at the time of issuance of such permit. Impact fees adopted by the City at the time the vesting tentative tract map is deemed complete shall be paid at the prevailing rate in effect at the time the fee becomes due.
(p)
Additional information requested is limited to that which relates to ordinances, resolutions, policies or standards for the design, development or improvement relating to the conferred vesting rights, except with regard to a specified determination under the California Environmental Quality Act or in compliance with federal or state requirements.
(Added by Ord. 95-03, 2/14/95)