A.
Tentative
parcel maps shall be drawn to scale and of a size, not to exceed 24
inches by 36 inches, unless otherwise approved by the City Engineer.
B.
Applications
for tentative parcel maps shall be prepared by a registered civil
engineer, unless otherwise approved by the City Engineer, and shall
contain the following information as applicable:
1.
A
site sketch indicating the location of proposed parcel map in relation
to the surrounding area;
2.
The
title, date, north point, scale and sufficient boundaries to define
the proposed subdivision;
3.
Names
and addresses of record owner, subdivider, and engineer or surveyor;
4.
Location,
names, present width and grades of adjacent or abutting streets;
5.
Existing
topography and proposed changes, including trees, rock formations
and other unusual features of the site, and at least 100 feet beyond
its boundary. Individual trees with a diameter of more than eight
inches measured 24 inches above existing grade, shall be identified
by type, circumference, dripline. Any trees proposed for removal shall
also be indicated. Contour lines shall have the following intervals:
6.
Approximate
location of all areas subject to inundation of stormwater overflow
and the location, width and direction of flow of all watercourses,
including tidewaters;
7.
Approximate
width and location of all existing easements;
8.
Approximate
dimensions of all lots, radii of all curves and central angles;
9.
Location
of all existing structures identified by type and indicating which
are proposed to be removed and which will remain;
10.
Location of building setback line for each stream or river on the
site;
11.
Location and size of existing sewers, fire hydrants, water mains,
wells and storm drains;
12.
Location of existing overhead utility lines and poles on-site and
on peripheral streets;
13.
A vesting tentative parcel map shall have printed conspicuously on
its face the words, "vesting tentative parcel map";
14.
Location of any protected native tree, and if any protective native
tree is proposed for removal, identification by species and location
of all other trees on the site and in adjacent public right-of-way
that are within 30 feet of the area proposed for development, and
any trees located on adjacent properties with canopies overlooking
the project site.
C.
The
following proposed design elements and improvements shall be shown
on the tentative parcel map or described on an attached written statement:
1.
Location,
names, width, centerline radii, pavement and approximate grades of
all streets and rights-of-way in proposed subdivision, including identification
of which streets are proposed to be offered for dedication and which
are proposed to be privately maintained. Typical sections of all streets
shall be shown;
2.
Location,
width, and purpose of all proposed easements, clearly indicated whether
public or private;
3.
The
proposed use of each lot, lot layout and dimensions and area of each
lot unless waived by the City Engineer. Engineering data shall show
the approximate finished grading of each lot, the preliminary design
of all grading, the elevation of proposed building pads, the top and
toe of cut and fill slopes to scale and number of each lot. In hillside
areas, potential building sites shall be indicated;
4.
Proposed
recreation sites, trails and parks for public or private use;
5.
Areas
proposed to be dedicated or reserved for public use;
6.
Proposed
common or open space areas;
7.
The
location and size of proposed fire hydrants, and fire protection systems,
sanitary sewers, water mains and storm drains. Slopes and elevations
of proposed sewers and storm drains shall be indicated;
8.
Unless
waived by the Community Development Director, a conceptual plan for
erosion control and fencing;
9.
Identification
of proposed drainage and/or flood control.
D.
The
tentative parcel map shall be accompanied by the following data and
reports:
1.
A
completed application form;
2.
Name(s)
of geologists, soils engineers and other professionals whose services
were required in preparation of the map;
3.
If
the proposal is for the conversion of a mobile home park to another
use, the report prescribed by Government Code Section 66427.4 on the
impact of the conversion upon displaced residents of the park;
4.
A
description of prior known development activity on the site such as
removal of vegetation, grading, etc.;
5.
Identification
and justification for requested exemptions to the requirements of
this title;
6.
Letters
of intent from adjacent property owners whose property is proposed
for improvements as part of this subdivision;
7.
A
cost estimate for all off-site improvements;
8.
A
preliminary title report not more than 30 days old showing the legal
owner(s) at the time of filing the tentative map;
9.
Unless
a waiver is first obtained from the Community Development Director,
a plan for each element required by the conservation and safety regulations
of Title 17 of this code, including without limitation, plans for
erosion control, fire hazard reduction, restoration/management for
marsh/wetland habitats, revegetation for wildlife habitats and plant
communities, riparian habitat management and agriculture buffer;
10.
Unless the City Engineer determines that due to the city's knowledge as to the soils condition of the site, no analysis is needed, a soils and/or geotechnical report in accordance with Section 16.36.200 and Title 17 of this code and the Subdivision Map Act. Upon application for a building permit, a soils investigation and/or geotechnical report may also be required by the Chief Building Official in accordance with Title 15 of this code for development in an area of known or suspected seismic or other earth related hazards. In accordance with Government Code Section 66491, the City Engineer may require additional information and investigation or reject the report;
11.
For properties in the flood hazard area, a development plan showing
the amount of fill required and/or floodproofing measures required
by Title 17 of this code;
12.
For properties in the floodway area, a detailed development plan
and floodway development analysis showing all elements of Title 17
of this code;
13.
A written commitment that the subdivider will defend, indemnify and
hold the city, its agents, officers and employees harmless from any
claim, action or proceeding to attach, set aside, void or annul an
approval of the city concerning the subdivision so long as the city
promptly notifies the subdivider of any such claim, action or proceedings,
the city cooperates fully in the defense and the action is brought
within the time period provided for in Section 66499.37 of the Subdivision
Map Act;
14.
Designation as a remainder of any portion of the land which is not
divided for the purpose of sale, lease or financing;
15.
A report including identification of which, if any, utility poles
will be removed and line segments undergrounded, including a preliminary
cost estimate;
16.
A written statement which discloses whether any protective native
tree exists on the property, and if so, a description of each such
tree, including its species size, drip line, and location. If the
proposal includes the removal of a protective native tree, identification
by species of the trees proposed for removal;
17.
Other data or information necessary to complete processing of the
map and environment documents.
(O4060; O2006-10)
A.
No
tentative parcel map shall be accepted for processing which is inconsistent
with the General Plan and applicable specific plans and zoning unless
the subdivider concurrently files the necessary applications to ensure
the required consistency.
B.
The
subdivider shall, at the time of making application for approval of
the tentative parcel map, submit to the Community Development Director
40 copies of the tentative parcel map and such other information which
may be required by this title.
C.
The
subdivider shall, at the time of making application for approval of
a tentative parcel map, pay a deposit on account of the processing
fee as established by resolution of the Council. No map will be filed
without the required deposit. Thereafter, no action on the map will
be taken by the Planning Commission, or Council unless all accrued
fees have been paid. After filing of the parcel map, any unexpended
fees will be returned to the subdivider.
D.
Within
30 days of the receipt of an application for a subdivision, the Community
Development Director shall notify the subdivider in writing, as to
whether such application is complete. If the application is determined
to be incomplete, the Community Development Director shall inform
the subdivider of the additional information required or procedure
by which said application can be made complete. Upon receipt of such
additional materials a new 30-day period shall begin during which
the Community Development Director shall determine the completeness
of the application. In the event the Community Development Director
notifies the subdivider in writing that the application is still incomplete,
the subdivider may, within 10 days of the director's determination,
appeal the determination to the Planning Commission.
E.
Only
an application for a subdivision which has been determined or deemed
complete shall be filed or processed pursuant to the Subdivision Map
Act and this title.
F.
The
filing of the tentative parcel map with the Community Development
Director shall not preclude the securing of additional information
from the subdivider necessary for the proper consideration of the
tentative parcel map nor does it insure that the map complies with
the law and with this title.
(O4060; O2006-10)
Upon acceptance, the Community Development Director shall transmit
copies of the tentative parcel map to affected City departments and
commissions, the project evaluation committee, and other public agencies
for their review and recommendations.
(O4060; O2006-10)
A.
The
Planning Commission shall hold a noticed public hearing to consider
the tentative parcel map within all applicable time limits. At least
three days prior to the public hearing, a copy of any staff report
on the tentative parcel map shall be delivered to the subdivider.
B.
The Planning Commission shall make findings and approve, conditionally approve or deny the tentative parcel map. The Planning Commission may impose reasonable conditions on approval of the tentative parcel map and may in its discretion, deny approval of the map if such conditions cannot be met. As a condition of approval, the Commission may require the payment of development fees required to be paid at a later date, e.g., at issuance of building permit, to be paid at the rate in effect at the time of payment. The Planning Commission, in setting conditions of approval, may delete or modify conditions in accordance with Section 16.04.080 of this title.
C.
The
decision of the Planning Commission shall be final unless appealed
to the Council by any interested person including, without limitation,
a member of the Council within 10 calendar days of the date of the
Planning Commission's decision by filing a written appeal with the
City Clerk.
(O4060; O2006-10)
A.
The
Council shall hold a noticed public hearing to consider the appeal
of the Planning Commission action on the tentative parcel map. The
public hearing shall be held within all applicable time limits.
B.
The
Council shall make findings and approve, conditionally approve or
deny the tentative parcel map.
C.
The
Council may impose reasonable conditions for approval of the tentative
parcel map and may in its discretion, deny approval of the map if
such conditions cannot be met. As a condition of approval, the Council
may require the payment of development fees required to be paid at
a later date, e.g., at issuance of a building permit to be paid at
the rate in effect at the time of payment.
(O4060; O2006-10)
In approving, conditionally approving, or denying a tentative
parcel map, the Planning Commission and Council shall make the findings
set forth in this title for tentative maps.
(O4060; O2006-10)
Any applicable time limits for acting on the tentative parcel
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 of the same project.
(O4060; O2006-10)
A.
An approved or conditionally approved tentative parcel map shall expire 24 months after its approval or conditional approval unless an extension is approved as provided in Section 16.28.100.
B.
The period of time specified in subsection A above shall not include any period of time during which a development moratorium is in effect as provided in Section 66453.5 of the Subdivision Map Act.
C.
The period of time specified in subsection A above 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 parcel map only if a stay of the time period is approved by the Planning Commission, as provided in Section 66453.5 of the Subdivision Map Act.
D.
The
expiration of the approved or conditionally approved tentative parcel
map shall terminate all proceedings, and no parcel map on all or any
portion of the real property included within an expired tentative
parcel map shall be filed without first processing a new tentative
parcel map.
E.
Notwithstanding the provisions of Section 17.68.170 of this code to the contrary, if an approved or conditionally approved tentative parcel map is subject to an automatic extension of the expiration date pursuant to California Government Code Section 66452.21, 66452.22, 66452.23 or 66452.24, and if the tentative parcel map was approved or conditionally approved in conjunction with a separate residential discretionary land use entitlement (including design review permits, use permits, variances, or other residential discretionary land use entitlements), then the initial expiration date of the separate residential discretionary land use entitlement shall automatically be extended to be equal to the expiration date of the approved or conditionally approved tentative map.
(O4060; O2006-10; O2010-2, 1/26/10; O2012-12, 10/2/12; O2015-3, 5/5/15; O2017-016, 12/19/17)
Upon application of the subdivider filed with Community Development
Director prior to the expiration of the tentative parcel map such
map may be extended by the Planning Commission as provided for in
Section 66463.5 of the Subdivision Map Act. Once such application
is timely filed, the map shall automatically be extended as provided
in Section 66463.5, 66452.23 or 66452.24 of the Subdivision Map Act.
The decision of the Planning Commission shall be final unless appealed
to the Council within 10 calendar days of the Commission's decision
by filing a written appeal with the City Clerk. The Council may in
its sole discretion extend the time at which such map expires.
(O2015-3, 5/5/15)
Approval of a vesting tentative parcel map shall confer a vested
right to proceed with development in accordance with Section 66498.1
of the Subdivision Map Act. Such rights shall expire one year following
the recordation of the parcel map.
(O4060; O2006-10)
A.
Minor
amendments to an approved or conditionally approved tentative parcel
map, including the conditions of approval may be approved by the project
evaluation and review committee upon unanimous vote of the members
voting on the project finding that:
1.
No
lots, units or building sites are added;
2.
The
changes are consistent with the intent and spirit of the original
approval;
3.
There
are no resulting violations of this code or state law;
4.
There
will be no new significant adverse environmental effects;
5.
Each
of the owners of the property has agreed to the amendments.
B.
Approved
amendments shall be indicated on the approved or conditionally approved
tentative parcel map and certified by the Community Development Director.
C.
Amendments
which in the opinion of the Community Development Director or the
project evaluation and review committee are not minor, shall be processed
in the same manner as the original tentative parcel map.
D.
Any
approved amendment shall not alter the expiration date of the tentative
parcel map.
(O4060; O2006-10)
A.
Subsequent to the approval of a tentative parcel map, the subdivider shall furnish to the City Engineer six checkprints of the proposed parcel map prepared in conformance with generally accepted engineering practices and the following requirements. The checkprints shall be accompanied by a traverse sheet(s) or computer closures in a form approved by the City Engineer giving bearings, distances and coordinates of the boundaries of the subdivision, interior blocks, lots and centerline of roads, any required soils, geological reports, the form of deeds, easements, CC&Rs, rights-of-way and updated fee deposit pursuant to Section 16.04.100. Where conditions have been imposed on an approved tentative map, the subdivider shall submit evidence of having satisfied the conditions to the department imposing the condition. Where improvements have been required as a condition of the tentative parcel map, six sets of improvement plans prepared in conformance with generally accepted engineering (or other professional) practice and meeting all city standards shall be submitted, along with hydrology, hydraulic and other necessary calculation and information required by the City Engineer.
B.
The
Community Development Director shall circulate the documents to all
affected departments and agencies who shall review the same and notify
the Community Development Director of any revisions, additions, etc.,
necessary to ensure conformance with the tentative parcel map and
standard specifications in accordance with Section 66456.2 of the
Subdivision Map Act. The subdivider shall make all required revisions
and resubmit for further review. The Community Development Director
shall notify the subdivider when the checkprint process has been satisfactorily
completed.
(O4060; O2006-10)
Unless the filing of a parcel map has been waived, after satisfactorily
completing the checkprint process, the subdivider may file a parcel
map conforming to the approved tentative parcel map checkprint with
the City Engineer along with the following information and materials:
A.
One
set of duplicate tracings and 26 prints of the parcel map;
B.
Reduced
copies of the parcel map showing the street and lot layout as required
by the City Engineer;
C.
Traverse
sheets of boundary of the subdivision and the lots therein;
D.
A guarantee
of title issued by a reputable title insurance company showing the
names of all persons having any right, title or interest in the lands
proposed to be subdivided and whose content is necessary to convey
clear title to the lands;
E.
Final
sets of complete construction drawings for all of the required improvements;
F.
All
required processing fees, inspection fees and water connection fees;
G.
Any
additional copies, data, reports or information required by the Community
Development Director or Public Works Director.
(O4060; O2006-10)
Parcel maps shall be prepared by or under the direction of a
registered civil engineer or licensed land surveyor and shall conform
to all of the following provisions:
A.
It
shall be legibly drawn, printed or reproduced by a process guaranteeing
a permanent record in black on tracing cloth or polyester base film.
Certificates may be legibly stamped or printed upon the map with opaque
ink. If ink is used on polyester base film the ink surface shall be
coated with a suitable substance to assure permanent legibility;
B.
The
size of each sheet shall be 18 by 26 inches. A marginal line shall
be drawn completely around each sheet, leaving an entirely blank margin
of one inch. The scale of the map shall be large enough to show all
details clearly and enough sheets shall be used to accomplish this
end. The particular number of the sheet and the total number of sheets
comprising the map shall be stated on each of the sheets, and its
relation to each adjoining sheet shall be clearly shown;
C.
Each
parcel shall be numbered or otherwise designated;
D.
The
exterior boundary of the land included within the subdivision shall
be indicated by distinctive symbols and clearly so designated;
E.
The
map shall show the location of each parcel and its relation to surrounding
surveys. The location of a designated remainder parcel shall be indicated
but need not be indicated as a matter of survey but only by deed reference
to the existing record boundaries of such remainder if such remainder
has a gross area of five acres or more;
F.
A certificate,
signed and acknowledged by all parties having any record title interest
in the real property subdivided, consenting to the preparation and
recordation of the parcel map is required;
G.
Such
other certificates as may be required.
(O4060; O2006-10)
The City Engineer shall review the parcel map and accompanying
documents for compliance with the provisions of the State Subdivision
Map Act and of this title as to form and as to data, certificates,
acknowledgments and other information required to be shown thereon
or furnished therewith. The Community Development Director shall not
accept the parcel map for certification and transmittal prior to such
compliance.
(O4060; O2006-10)
A.
Upon
acceptance of the parcel map, the Community Development Director shall
transmit copies thereof to the Planning Division for review and comment.
B.
The
Community Development Director shall approve the parcel map if he
or she finds that the map meets all the requirements and conditions
imposed by the State Subdivision Map Act and by this title, which
were applicable to the subdivision at the time of the approval of
the tentative parcel map.
C.
The
Community Development Director shall disapprove the parcel map if
he or she finds that the map does not meet all the requirements and
conditions imposed by the State Subdivision Map Act and by this title,
which were applicable to the subdivision at the time of the approval
of the tentative parcel map. Any disapproval shall be accompanied
by a finding identifying the requirements or conditions which have
not been met or performed.
D.
If,
at the time of approval of the parcel map by the Community Development
Director, any improvements required by the city pursuant to the provisions
of this title or the State Subdivision Map Act have not been completed
and accepted in accordance with the city's standard specifications
applicable at the time of the approval or conditional approval of
the tentative parcel map, the Community Development Director as a
condition precedent to the approval of the parcel map, shall require
the subdivider to enter into an agreement with the city to thereafter
complete such improvements and to provide a security to assure such
performance. In the absence of such agreement, the Community Development
Director may require fulfillment of the construction requirements
within a reasonable time following approval of the parcel map and
prior to the issuance of a permit or other grant of approval for any
development upon a finding that fulfillment of the construction requirements
is necessary for reasons of: (1) the public health and safety; or
(2) the required construction is a necessary prerequisite to the orderly
development of the surrounding area. In such case the requirements
shall be noted by a certificate on the parcel map or by separate instrument
recorded on, concurrently with or prior to the parcel map as instrument
of waiver of parcel map being filed for record.
E.
Concurrently
with the approval of the parcel map, the Public Works Director shall
accept, accept subject to improvement, or reject any offer of dedication.
(O4060; O2006-10)
When dedications, offers of dedication, or off-site and on-site
improvements are required, they shall be made either by a separate
instrument which is recorded concurrently with, or prior to the parcel
map being filed for record or on the parcel map itself, as determined
by the Public Works Director.
(O4060; O2006-10)
Upon approval of the construction drawings and the parcel map
and receipt of the agreement and improvement security, the City Clerk
shall forward the parcel map to the office of the County Recorder
for recordation.
(O4060; O2006-10)
The City Engineer may waive any of the chapter's requirements
which are supplemental to those set forth in the State Subdivision
Map Act as to form and content of a parcel map upon finding that the
location or nature of the proposed subdivision is such as not to necessitate
compliance with those requirements.
(O4060; O2006-10)
