A person or persons desiring to file a tentative parcel map
shall submit to the Department of Community Development a completed
application form, copies of a tentative parcel map, and other data
as required by the Department of Community Development subdivision
application form.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
A processing fee and public hearing fee in an amount established
by resolution of the City Council shall be paid at the time of submitting
the application. If additional maps covering the same parcel or revisions
of the initial map are filed prior to the Subdivision Committee or
Planning Commission action, no additional fee will be required.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Within seven working days of receiving a tentative parcel map
application, the Department of Community development shall distribute
copies of the map to such departments and agencies as is deemed advisable.
Each of these entities shall, within 21 calendar days after a complete
tentative parcel map application has been submitted, report to the
Department of Community Development its findings and recommendations
thereon.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
After receipt of departments' and agencies' comments on a parcel
map, the Subdivision Committee shall hold a public hearing on the
tentative parcel map. Notice of the public hearing shall be given
to, among others, each trustee and beneficiary under each deed of
trust on the subject property. The Subdivision Committee may approve
or conditionally approve all tentative parcel maps which comply with
the minimum requirements of this title, the Subdivision Map Act, and
other applicable standards and shall deny tentative parcel maps which
fail to meet said minimum requirements or are, in the judgment of
the Subdivision Committee, otherwise detrimental to the health, safety
and welfare of the community, or are inconsistent with the established
plotting pattern of the area. Any conditionally approved parcel map
shall not be recorded until such conditions have been complied with.
The Subdivision Committee may also decline to take action and refer
any tentative parcel map to the Planning Commission for approval or
denial.
(Ord. 2622 § 1, 1987; Ord. 3134 § 7, 1994; Ord. 3396 § 1, 1998)
Any decision of the Subdivision Committee regarding a tentative
parcel map may be appealed to the Planning Commission by the applicant
or any adversely affected party within 10 calendar days after notice
of the decision of the Subdivision Committee. The Planning Commission
shall act on the appeal within 30 calendar days after receipt of the
notice of appeal.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
The Planning Commission shall approve, conditionally approve
or deny approval of all tentative parcel maps not acted upon by the
Subdivision Committee.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
In the event a subdivider or any adversely affected person is dissatisfied with any determination of the Planning Commission approving, conditionally approving or denying a tentative map or any requirement or condition which the Planning Commission seeks to impose, the subdivider or any adversely affected person may appeal the decision to the City Council as outlined in Section
19-24.090.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
The following requirements may be imposed as a condition of
approval of a tentative parcel map:
(A) Proposed lots shall not be of a size out of character with the lots
presently existing in the surrounding or adjacent developed area;
(B) Grant of required easements and street and alley rights-of-way by
separate instrument in favor of and accepted by the City or dedication
and acceptance of same on the parcel map;
(C) Proof that there are utilities, including water and sewerage, to
a lot adequate for the proposed use of land;
(D) Installation of curbs, gutters, sidewalks, street pavement, utility
lines, street trees, street lights, drainage and other improvements,
and payment of fees as deemed necessary by the City Engineer. Payment
of connection and plan check fees shall be in accordance with City
ordinance.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Within 24 months after approval or conditional approval of the
tentative parcel map, the subdivision (or any part thereof) shall
be surveyed or compiled from record data and a parcel map prepared
and filed by a land surveyor or a civil engineer authorized to practice
land surveying in conformance with the tentative parcel map as approved
or conditionally approved and with the requirements set forth in this
title. This time limit shall not include any period of time during
which a development moratorium is in existence or during a stay of
time approved by the Planning Commission due to a lawsuit that has
been filed and is pending in a court of competent jurisdiction involving
the approval or conditional approval of the tentative parcel map.
Said period of times shall be limited to the lengths indicated in
Government Code Section 66452.6.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
A parcel map shall be prepared by a land surveyor or civil engineer
who is authorized to practice land surveying by the State in accordance
with the Subdivision Map Act and this title.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Certificates and statements required by the Subdivision Map
Act shall be shown on the parcel map, in the format on file in the
Department of Community Development and shall include each of the
following:
(C) Surveyor or engineer who prepared the map;
(D) Parties having any record title interest in the property; provided
that, where no dedication or grants by separate instrument to the
public are required, the certificate shall be required by the subdivider
and any person(s) having record title ownership as defined in Government
Code Section 66445(F).
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
For street and easement dedications, an offer must be executed
and recorded either by separate document or by statement on the parcel
map to dedicate the required street or easement and shall be accepted
by the City Engineer.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Required improvements must be installed to the satisfaction
of the Director of Public Works and guaranteed in form satisfactory
to the City Attorney. Improvements may be secured by posting a surety
bond, a cash deposit, a letter of credit, or a certificate of deposit
as provided in Chapter 19.56.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
When requested by the applicant and deemed appropriate by the
City Engineer, the required frontage improvements for a specific lot
may be deferred as noted in
Government Code Section 66411.1. No permit
or other grant of approval for development shall be issued until the
construction of off-site and/or on-site improvements have been completed,
approved and accepted by the City. All improvements shall be as noted
on the approved plans and to current City standards. When deemed appropriate
by the City Engineer, construction of the improvements may be completed
in conjunction with the proposed development.
(Ord. 3396 § 1, 1998)
On and after January 1, 1987, no requirements shall be included
on a parcel map which does not affect record title interests. However,
the map shall contain a notation or reference to additional information
as required in this title. The map shall contain the following in
bold print:
"NOTICE"
|
See Sheet No. ___ for all local agency-required information.
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(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Additional information, as set forth in this section, shall
be required to be submitted on an additional map sheet which shall
be identified as the information sheet and which shall indicate its
relationship to the parcel map, and shall contain a statement that
the additional information is for informational purposes, describing
conditions as of the date of filing, and is not intended to affect
record title interest. The information sheet shall contain the following:
(D) All required notes and all required additional survey and map information,
including but not limited to, building setback lines, building envelopes,
flood hazard zones, seismic lines and setbacks, geologic mapping,
archeological sites, creek setback lines, and applicable fees. The
additional information need not be provided at the same scale as on
the map if, in the opinion of the City Engineer, the result is plainly
and readily legible. In no case shall a scale of greater than one
inch to 100 feet be utilized. Typical representations may also be
utilized if, in the opinion of the City Engineer, they adequately
communicate the desired information.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Each parcel map shall be identified by a number assigned by
the City Engineer.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Upon written application of the subdivider made within 24 months
after the approval or conditional approval of the tentative parcel
map, the Subdivision Committee may, after referral to other affected
offices and agencies, grant an extension of time not to exceed one
year, for recording of the parcel map. Four subsequent extensions
of time, likewise not to exceed one year, may thereafter be granted.
The application shall be submitted to the Department of Community
Development. The Subdivision Committee may deny any extension of time
if the subdivider does not agree to new conditions of approval which
are based upon ordinances, policies, or standards in effect at the
time of submittal of the extension request.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Upon written application by the subdivider within 10 days of
filing a lawsuit in a court of competent jurisdiction involving the
approval or conditional approval of the parcel map, the Planning Commission
may consider a stay of time for filing a parcel map. Within 40 days
of receiving said application, the Planning Commission shall either
stay the time period for up to five years or deny the requested stay.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Failure to file a written request for an extension of time or
stay of time by the subdivider within the time period prescribed by
this title shall terminate all proceedings for receiving an extension
of time or stay of time. Once a tentative map has expired, the subdivider
must submit a new tentative map application together with all required
fees to subdivide the property.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Subsequent to approval by the City Engineer or by City Council,
the filing for record of a parcel map shall constitute abandonment
of all dedications to the public not shown on the map. Any map submitted
shall be accompanied by evidence of title and nonuse, or lack of necessity
of streets or easements previously dedicated to the public which are
to be vacated or abandoned.
(Ord. 3396 § 1, 1998)