City of Stockton, CA Chapter 16.188 TENTATIVE MAP AND TENTATIVE PARCEL MAP FILING AND PROCESSING

§ 16.188.010 Purpose of chapter.

This chapter establishes requirements for the preparation, filing, and approval or disapproval of tentative maps and tentative parcel maps, consistent with the requirements of the Map Act.

(Prior code § 16-630.010)

§ 16.188.020 Review Authority.

The Commission is the Review Authority for tentative maps for five or more parcels and the Director for tentative parcel maps for less than five parcels and for exceptions (Section 66426), based on the recommendation of DRC and subject to an appeal in compliance with Chapter 16.100 (Appeals).

(Prior code § 16-630.020; Ord. 001-08 C.S. § 30)

§ 16.188.030 Preparation and contents.

Tentative map and tentative parcel map application submittals shall include:

A. Application. The application forms required by the Department.

B. Form and Content of Map. A tentative map or tentative parcel map shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map or tentative parcel map shall be clearly and legibly drawn and shall, at a minimum, include the following:

1. The size of each sheet shall be minimum of 18 inches by 26 inches and a maximum of 24 inches by 36 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 not less than one inch equal to 100 feet or as may be necessary 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. When four or more sheets are used, a key sheet shall be included.

2. A title which shall contain the tract or parcel number, subdivision name, and type of subdivision.

3. The name and address of legal owner, developer, and person preparing the map, including registration or license number.

4. Sufficient legal description to define the boundary of the proposed subdivision.

5. Legend: date, north arrow, bar scale, contour interval, and source and date of existing contours.

6. Existing land use.

7. A vicinity map showing roads, adjoining subdivisions, drainage ways, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community.

8. Existing topography of the proposed site and at least 100 feet beyond its boundary, including but not limited to:

a. Existing contours at one foot intervals. Contour intervals shall not be spread more than 150 feet apart. Existing contours shall be represented by dashed lines or by screened lines;

b. Type, circumference, and dripline of existing trees 12 inches or greater in diameter, and type and general location and/or masses of existing trees smaller than 12 inches in diameter but greater than six inches. Any trees proposed to be removed shall be so indicated;

c. The approximate location and outline of existing structures identified by type and driveways. Structures to be removed shall also be so marked;

d. The approximate location of all areas subject to inundation or stormwater overflow, within the FEMA 100-year flood zone, and the location width and direction of flow of each water course;

e. The location, pavement and right-of-way width, and name of existing streets or highways;

f. The width, location, and identity of all existing easements;

g. The location and size of existing wells, septic tanks, sanitary sewers, water mains, and storm drains. The location of existing overhead utility lines;

h. The approximate location of the 60, 65, and 70 CNEL (community noise equivalent level) contours, if any.

9. The location and size of all existing sanitary sewers, water mains, storm drains, pump stations and detention basins. Identify which lines are public and which are private.

10. Proposed improvements to be shown shall include, but not be limited to:

a. The location, centerline, radius, right-of-way width, and proposed name of all streets. Show typical sections of all streets proposed to be different than City standards. Show functional classification;

b. The location and length of cul-de-sacs;

c. The location, width, and purpose of all easements;

d. The approximate lot layout, the number of lots, and the approximate dimensions of each lot and of each building site;

e. Proposed contours at one foot intervals shall be shown. Contour intervals shall not be spread more than 150 feet apart. A separate grading plan may be submitted;

f. Proposed recreation sites, trails, bike paths, and parks for private or public use;

g. Proposed common areas and areas to be dedicated to public open space;

h. The location and size of all proposed sanitary sewers, water mains, storm drains, pump stations, and detention ponds and basins necessary to serve the entire subdivision. Show the ability to serve the most remote lot of the subdivision, including points of connection if not covered by an approved master utility plan or existing development, and identify which lines are public and which are private;

i. Proposed utility easements and widths;

j. Proposed height, size, location, and architectural plans for buildings shown on a vesting tentative map.

11. All lettering size shall be a one-tenth (0.10) inch minimum.

12. Signature block as required by the City.

13. If the developer plans to develop the site in units such that multiple final maps will be filed following the approval of a single tentative map, the proposed units and their proposed sequence of construction shall be shown in compliance with the Map Act (Section 66456.1).

The Director may waive any of the above tentative map or tentative parcel map requirements if the type of subdivision does not need to comply with these requirements, or that other circumstances justify a waiver. The Director may require other drawings, data, or information as deemed necessary.

C. Fee. The application and map shall be accompanied by the fee required by the Council's fee resolution.

(Prior code § 16-630.030; Ord. 023-07 C.S. § 122; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.188.040 Application filing, referrals, and review.

A. Filing. An application for a tentative map or tentative parcel map shall be completed and submitted to the Department for processing.

B. Initial Application Review. The tentative map or tentative parcel map application shall be reviewed for completeness and accuracy, in compliance with Chapter 16.84 (Application Filing, Processing, and Fees) of this Development Code.

C. Referrals. In addition to the procedures identified in Chapter 16.84 (Application Filing, Processing, and Fees) of this Development Code, a tentative map or tentative parcel map application shall be referred to the agencies outlined in this subsection as required by the Map Act, as well as any other City department, County, State or Federal agency, or other individual or group that the Director believes may be affected by the subdivision or may have information useful to the City about issues raised by the proposed subdivision.

1. Time Limits for Referrals. As required by the Map Act (Sections 66453 through 66455.7), referral shall occur within five days of determining that the tentative map or tentative parcel map application is deemed complete in compliance with Section 16.84.050 (Initial application review and environmental assessment) of this Development Code.

2. Required Referrals. The Director shall refer tentative map and tentative parcel map applications for review and comment to each of the following agencies expected to provide service to the proposed subdivision.

a. CalTrans. The California Department of Transportation (Caltrans) shall be referred any tentative map or tentative parcel map located within an area shown on a territorial map filed with the City in compliance with the Map Act (Section 66455).

b. Fire Department. The Fire Department shall be referred all tentative maps and tentative parcel maps for review and comment regarding fire and paramedical facilities and services.

c. Municipal Utilities Department. The Municipal Utilities Department shall be referred all tentative maps and tentative parcel maps for review and comment regarding sewer, water, storm drainage, and utility-related master plans and changes.

d. School Districts. Tentative maps and tentative parcel maps shall be referred to the governing board of any elementary, high school, or unified school district within which the property to be subdivided is located.

e. State Department of Education. The State Department of Education shall be notified of any tentative map or tentative parcel map that includes a proposed public school site.

f. Other Cities and Local Agencies. Other cities and other local agencies shall be referred any tentative map or tentative parcel map that is located within the area shown on a territorial map filed with the City in compliance with the Map Act (Section 66453), and within three miles of their official boundaries, including the San Joaquin Regional Transit District (SMART), and the Airport Land Use Commission.

g. Public Utilities. Public utility companies and other service agencies which will be expected to provided service to the proposed subdivision, including providers of gas, electrical, telephone, and cable television services, shall be referred any tentative map or tentative parcel map within their respective jurisdictions.

h. Others. Other agencies, departments, groups, or individuals the Director determines should review the tentative map or tentative parcel map.

3. Presumption. Along with the subdivision application referral, the Department shall include notification that if no written response to the referral is received within the designated due date for comments stated on the referral, the City shall presume that no recommendations or comments are forthcoming.

D. Review. After the initial process has been completed, and the application has been deemed complete in compliance with Section 16.84.050(A)(1) (Review for completeness):

1. The Director shall review and evaluate each tentative map or tentative parcel map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any applicable specific plan or master utility plan, and the Map Act;

2. The Director shall determine the extent to which the proposed subdivision complies with the findings identified in Section 16.188.060 (Findings and decision); and

3. After determining the applications to be in compliance with the required findings, the Director shall refer the tentative map or tentative parcel map to the Development Review Committee (DRC).

(Prior code § 16-630.040; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.188.050 Review and decision.

A. Development Review Committee (DRC). The DRC shall:

1. Review. Review the tentative map for:

a. Compliance and consistency with applicable provisions of this Development Code, the Municipal Code, the General Plan, any applicable specific plan, precise road plan, or master utility plan, the City's standard specifications and plans, and the Map Act;

b. Conditions necessary for the tentative map to comply with the above requirements; and

c. Possible grounds for disapproval based on the findings in Section 16.188.060 (Findings and decision).

2. Recommend. Make a recommendation for approval, approval with conditions, or disapproval to the Director.

B. Decision.

1. Tentative Parcel Maps (Four or Less Parcels). Except as modified by this chapter, the Director shall notice and approve, conditionally approve, or disapprove a tentative parcel map for four or less parcels in accordance with Section 16.88.050(B) (Administrative review procedure). The Director:

a. Shall consider any agency comments on the map, and any public testimony;

b. Shall review and evaluate each tentative parcel map as to its compliance and consistency with applicable provisions of this Development Code, the Municipal Code, the General Plan, any specific plan, master development plan, or precise road plan, any master plan, the City's standard specifications and plans, and the Map Act. The Director shall consider any initial study or environmental impact report, where applicable;

c. Shall approve or conditionally approve a tentative parcel map only after the Director has first made all findings required by Section 16.188.060 (Findings and decision); and

d. May impose conditions of approval in compliance with Section 16.188.070 (Conditions of approval).

2. Tentative Maps (Five or More Parcels).

a. Director. The Director shall prepare a staff report to the Commission in compliance with subsection (B)(2)(b) of this section (Notice and hearing), describing the conclusions of the evaluations of the map, and recommending that the Commission approve, conditionally approve, or disapprove the tentative map.

b. Notice and Hearing. Following the review and recommendation by the DRC, the Commission shall conduct a public hearing. Notice and conduct of the hearing shall comply with Section 16.88.050(C) (Public hearing review procedure), for actions in which the Commission is the Review Authority.

c. Scheduling of Hearing, Action. In compliance with the Map Act (Section 66452.1), a public hearing on a tentative map shall be scheduled, and action shall be taken, within 50 days after:

i. The tentative map application has been deemed complete; and

ii. An Environmental Impact Report has been certified, a negative declaration has been adopted, or the project has been determined to be exempt from CEQA.

d. Distribution of Staff Report. The staff report on the tentative map shall be mailed to the developer at least three days before any hearing or action on the tentative map by the Commission.

e. Hearing. During the hearing, the Commission:

i. Shall consider the recommendations of the Director, Development Review Committee, any agency comments on the map, and any public testimony;

ii. Shall review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this Development Code, the Municipal Code, the General Plan, any specific plan, precise road plan, or master development plan, and the Map Act. The Commission's evaluation shall be based on the staff report, information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received;

iii. Shall approve or conditionally approve a tentative map only after the Commission has first made all findings required by Section 16.188.060 (Findings and decision); and

iv. May impose conditions of approval in compliance with Section 16.188.070 (Conditions of approval).

(Prior code § 16-630.050; Ord. 2020-06-09-1501 C.S. § 33)

§ 16.188.060 Findings and decision.

In order to approve a tentative map or tentative parcel map and conditions of approval, or to disapprove a tentative map or tentative parcel map, the Review Authority shall first make the appropriate findings required by this section. A determination to approve a tentative map or tentative parcel map shall also be based on the requirements of the Map Act (Section 66474.2).

A. Findings for Approval. A tentative map or tentative parcel map may only be approved if the Review Authority makes the following findings:

1. Required Findings for Approval. The Review Authority may approve a tentative map or tentative parcel map only when it shall first find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan (Map Act Section 66473.5), and any applicable specific plan, precise road plan, or master development plan, and that none of the findings for disapproval in subsection B of this section, can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with the Map Act (Section 66424.6), and the environmental determination in compliance with Section 16.88.070 (Environmental determination).

2. Supplemental Findings. In addition to the findings required for approval of a tentative map or tentative parcel map by subsection(A)(1) of this section, the Review Authority shall not approve a tentative map or tentative parcel map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.

a. Construction of Improvements. It is in the interest of public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of improvements within a specified time after recordation of a parcel map of four or fewer parcels where improvements are required.

b. Condominiums. Any applicable findings required by Section 16.196.030 for condominium conversions.

c. Dedications or Exactions. Any applicable findings required by Section 16.72.060(A) (Findings required for dedications and exactions), if dedications or exactions are required.

d. Waiver of Parcel Map. The findings required by Section 16.192.020(A)(1) (Waiver of parcel map), if waiver of a Parcel Map has been requested with the tentative map application.

B. Findings for Disapproval. A tentative map or tentative parcel map may only be disapproved if the Review Authority makes one or more of the following findings:

1. The proposed subdivision including design and improvements is not consistent with the General Plan or any applicable specific plan or master development plan;

2. The site is not physically suitable for the type or proposed density of development;

3. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or injure fish or wildlife or their habitat;

4. The design of the subdivision or type of improvements is likely to cause serious public health or safety problems;

5. The design of the subdivision or the type of improvements would conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision.

a. This finding may not be made if the Review Authority finds that alternate easements for access or use would be provided, and that they would be substantially equivalent to ones previously acquired by the public,

b. This finding shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the Review Authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision;

6. The discharge of sewage from the proposed subdivision into the regional sewer system could result in violation of existing requirements prescribed by the California Regional Water Quality Control Board;

7. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the developer has failed to provide sufficient information to the satisfaction of the City Engineer or the Review Authority that the conditions can be corrected in the plan for the development; or

8. The proposed subdivision is not consistent with:

a. All applicable provisions of this Development Code,

b. Any other applicable provisions of the Municipal Code,

c. The City's standard specifications and plans, and/or

d. The Map Act.

(Prior code § 16-630.060)

§ 16.188.070 Conditions of approval.

Along with the approval of a tentative map or tentative parcel map, the adoption of conditions of approval shall occur in compliance with this section, provided that all conditions shall be consistent with the requirements of the Map Act. (See Chapter 16.72 for public improvement requirements.)

A. Mandatory Conditions. The Review Authority shall adopt conditions of approval that include:

1. Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal, and public utilities providing electric, gas and communications services, as may be required to properly serve the subdivision. Easements for public utilities shall be limited to those needed to provide service to present and future development;

2. Mitigate or eliminate environmental problems identified through the environmental review process, except where a statement of overriding consideration has been adopted in compliance with CEQA;

3. Carry out the specific requirements of Chapter 16.72 (Public Improvements) of this Development Code;

4. Secure compliance with the requirements of this Development Code and the General Plan;

5. Require public access through the subdivision to public waterways, rivers, streams, shorelines, lakes and reservoirs, and the dedication of public easements along the banks of rivers and streams, in compliance with the Map Act (Sections 66478.1 through 66478.14); and

6. Require the waiver of direct access rights to any existing or proposed streets in compliance with the Development Code and/or as required by the Director.

B. Optional Conditions. The Review Authority may also include as conditions of approval:

1. The reservation or dedication of sites for public facilities, including fire stations, parks, libraries, and other public uses in compliance with the Map Act (Chapter 4, Article 4);

2. Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate;

3. Any other conditions deemed necessary by the Review Authority to:

a. Promote orderly growth,

b. Achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or

c. Achieve consistency with City ordinances or State law, or

4. Require the formation of a maintenance entity to maintain those improvements included in Government Code Section 22500, also known as the Landscaping and Lighting Act of 1972.

(Prior code § 16-630.070; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.188.080 Vesting tentative maps.

This section establishes procedures to implement the vesting tentative map or vesting tentative parcel map requirements of the Map Act (Sections 66498.1 et seq.).

A. Applicability. Whenever this Development Code requires that a tentative map or tentative parcel map be filed, a vesting tentative map or vesting tentative parcel map may instead be filed, provided that the vesting tentative map or vesting tentative parcel map is prepared, filed, and processed in compliance with this section. A vesting tentative map or vesting tentative parcel map may be filed for either residential, commercial, or industrial developments.

B. Procedures for Processing a Vesting Tentative Map. A vesting tentative map or vesting tentative parcel map shall be filed in the same form, have the same contents and accompanying data and reports and, shall be processed in the same manner identified in this chapter as a tentative map, except as follows:

1. Application Content. The vesting tentative map or vesting tentative parcel map shall include the following information in addition to that required by Section 16.188.030 (Preparation and contents):

a. Title. The vesting tentative map shall be prepared with the words "Vesting Tentative Map" printed conspicuously on its face, and a vesting tentative parcel map shall be prepared with the words "vesting tentative parcel map" printed conspicuously on its face; and

b. Intended Development. The vesting tentative map or vesting tentative parcel map application shall include a conceptual development plan in the form of text, conceptual plans, and design standards that will guide the development and design of the subdivision. A determination of substantial conformance with the conceptual development plan shall be required by the City Engineer and the Director prior to approval of the subdivision improvement plans submitted with any final map or final parcel map and by the Director prior to approval of any building permit, site plan review, or design review, as applicable;

c. Existing Rules/Regulations. Provide a copy of all rules, regulations, and standards applicable at the time of filing.

2. Findings for Approval. The approval of a vesting tentative map or vesting tentative parcel map shall not be granted unless the Review Authority first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for tentative map or tentative parcel map approval by Section 16.188.060 (Findings and decision).

C. Expiration of Vesting Tentative Map. An approved vesting tentative map or vesting tentative parcel map shall be subject to the same time limits for expiration as are established for tentative maps and tentative parcel maps by Section 16.188.100(B) (Time limits and expiration of approved tentative map).

D. Changes to Approved Map or Conditions. The developer may apply for an application to amend the vesting tentative map or vesting tentative parcel map or conditions of approval at any time before the expiration of the vesting tentative map or vesting tentative parcel map. An amendment request shall be considered and processed through the same procedures as a new application, in compliance with Section 16.188.100(D) (Amendments to approved tentative map and tentative parcel maps or conditions), and in compliance with the Map Act (Section 66498.2). An amendment to the vesting tentative map or vesting tentative parcel map would establish a new deemed complete date.

E. Development Rights Vested.

1. The approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with development of the subdivided parcels in substantial compliance with the ordinances, policies, and standards (excluding fees) as identified in the Map Act (Section 66498.1).

2. If Map Act Section 66474.2 is repealed, approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the map is approved or conditionally approved.

3. Subsequent building or use permits, extensions of time, or other entitlements filed on parcels created by the subdivision may be conditioned or disapproved only if the Review Authority determines that:

a. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

b. The condition or disapproval is required, in order to comply with State or Federal law.

4. Fees charged for building or land use permits, filed after the approval of a vesting tentative map or vesting tentative parcel map shall be as required at the time the subsequent permit applications are filed, including any related utility or development impact fees (e.g., sewer/water hookup fees, traffic mitigation fees, etc.). Building or land use permit application contents shall comply with City requirements in effect at the time the subsequent application is filed.

F. Duration of Vested Rights. The development rights vested by this section shall expire if a parcel map or final map is not approved before the expiration of the vesting tentative map or vesting tentative parcel map in compliance with Section 16.188.100(B) (Time limits and expiration of approved tentative map and tentative parcel map). If the parcel or final map is approved and recorded, the development rights shall be vested for the following periods of time.

1. An initial time period of 24 months from the date of recordation of the parcel or final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

2. The initial 24 months shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if processing exceeds 30 days from the date the application is accepted for processing as complete.

3. The developer may apply for a 12-month extension at any time before the initial 24 months expires. Application for an extension shall be submitted to the Department and shall be accompanied by the required fee. The Council shall approve or disapprove any request for extension.

4. If the developer submits a complete application for a building permit during the periods of time specified in subsections (F)(1) and (F)(2) of this section, the vested rights shall continue until the expiration of the building permit, or any extension of that permit.

(Prior code § 16-630.080)

§ 16.188.090 Effective date of tentative map and tentative parcel map approval.

The approval of a tentative map or tentative parcel map shall become effective for the purposes of filing a parcel or final map, including compliance with conditions of approval, on the 11th day following the date the public/final decision is rendered by the applicable Review Authority, provided that an appeal of the Review Authority's decision has not been filed in compliance with Chapter 16.100 (Appeals).

(Prior code § 16-630.090)

§ 16.188.100 Post approval procedures.

The following procedures shall apply following the approval of a tentative map or tentative parcel map.

A. Appeals. The decision of the Review Authority shall be considered final unless an appeal is filed in compliance with Chapter 16.100 (Appeals).

B. Time Limits and Expiration of Approved Tentative Map. An approved tentative map or tentative parcel map is valid for 24 months after its effective date (Section 16.188.090), except as otherwise provided by the Map Act (Sections 66452.6, 66452.11, and/or 66452.13).

1. At the end of 24 months, the approval shall expire and become void unless:

a. A parcel or final map, and any required bonds and improvement agreements, have been filed with the City Engineer in compliance with Chapter 16.192 (Parcel Maps and Final Maps); or

b. An extension of time has been granted in compliance with subsection C of this section.

2. Expiration of an approved tentative map or tentative parcel map or vesting tentative map or vesting tentative parcel map shall terminate all proceedings. A new tentative map or new tentative parcel map application shall be filed for any future division of the property.

C. Extensions of Time for Tentative Maps and Tentative Parcel Maps. When a developer has not completed all tentative map or tentative parcel map conditions of approval and filed a parcel or final map with the City within the time limits established by subsection (B)(1) of this section, an extension of the expiration date may be granted in compliance with this Section. Extension requests shall be in writing and shall be filed with the Department on or before the date of expiration of the approval or previous extension, together with the required filing fee.

1. Tentative Maps or Tentative Parcel Maps and Vesting Tentative Maps or Vesting tentative Parcel Maps. The Commission (in the case of a tentative map) or the Director (in the case of a tentative parcel map) may:

a. Grant 12-month extensions to the initial time limit, up to a maximum total of six years, only after finding that:

i. There have been no changes to the provisions of the General Plan or any applicable specific plan, precise road plan, or master development plan that would cause the tentative map or tentative parcel map or vesting tentative map or vesting tentative parcel map to no longer be in conformity with the General Plan, specific plan, or master development plan;

ii. There have been no changes to the provisions of this Development Code that would cause the tentative map or tentative parcel map to no longer be in conformity with this Development Code;

iii. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Development Code apply to the project; and

iv. There have been no changes to the capacities of community resources, including roads, schools, sewage treatment or disposal facilities, or water supply, so that there is no longer sufficient remaining capacity to serve the project.

b. In granting an extension, add, modify, or eliminate conditions of the approved tentative map.

2. Tentative Maps With Multiple Final Maps. The following provisions regarding automatic extensions of time, or later enacted State law provisions that supercede the following, shall apply.

a. Where a developer has expended funds outside the boundaries of the approved tentative map in compliance with the Map Act (Section 66452.6), each filing of a final map shall extend the expiration of the tentative map by an additional 36 months from the date of its expiration, or the date of the previously filed final map, whichever is later.

b. The total of automatic extensions under this section shall not extend the approval of the tentative map more than 10 years from its original approval. the total discretionary extensions under subsection (C)(1) of this section (Tentative maps and vesting tentative maps) plus the total automatic extensions under subsection (C)(2) of this section. (Tentative maps with multiple final maps) authorize a maximum life of 15 years for a tentative map.

D. Amendments to Approved Tentative Map or Tentative Parcel Map or Conditions. A developer may request amendments to an approved tentative map or tentative parcel map or its conditions of approval before recordation of a parcel or final map in compliance with this Section. changes to a parcel or final map after recordation are subject to Section 16.192.050 (Amendments to recorded maps).

1. Types of Amendments.

a. Amendments in Substantial Compliance With the Tentative Map or Tentative Parcel Map. Changes determined by the Director to be in substantial compliance with the tentative map shall not require an amendment to the tentative map or tentative parcel map, and shall be processed following the procedures for final or parcel maps in compliance with Chapter 16.192 (Parcel Maps and Final Maps).

b. Minor Amendments. Minor amendments to an approved tentative map or tentative parcel map or minor amendments to conditions of approval may be approved by the Director by filing an application and filing fee with the Department, if:

i. The amendments are consistent with the intent of the original tentative map or tentative parcel map approval; and

ii. There are no resulting violations of the Municipal Code.

c. Other Amendments to a Tentative Map or Tentative Parcel Map and/or Conditions. Other amendments to an approved tentative map or tentative parcel map or amendments to the conditions of approval of an approved tentative map or tentative parcel map shall require the filing and processing of a new tentative map or tentative parcel map in compliance with this chapter and the requirements below.

2. Procedure for Filing an Amendment.

a. Application for Tentative Map or Tentative Parcel Map Amendments. The developer shall file an application and filing fee with the Department, using the forms furnished by the Department, together with the following additional information:

i. A statement identifying the tentative map or tentative parcel map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the amendment is requested, and any facts that justify the changes; and

ii. Any additional information deemed appropriate by the Director.

b. Findings for Approval. The Review Authority shall not amend the approved tentative map or tentative parcel map or conditions of approval unless it shall first find that:

i. There was a material mistake of fact in the deliberations leading to the original approval; and

ii. There has been a change of circumstances related to the original approval.

3. Effect of Changes on Time Limits. Approved amendments to an approved tentative map or tentative parcel map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits of the original, approved tentative map provided by subsection B of this section (Time limits and expiration of approved tentative map).

E. Approved Map to Run With the Land. A tentative map or tentative parcel map that is valid and in effect, and was granted in compliance with the provisions of this Development Code, shall run with the land and continue to be valid if there is any change in ownership of the land.

(Prior code § 16-630.100; Ord. 2020-12-01-1502 C.S. § 39)

§ 16.188.110 Completion of subdivision process.

A. Compliance with Conditions, Improvement Plans. After approval of a tentative map or tentative parcel map and the filing of a final or parcel map in compliance with this chapter, the developer shall proceed to fulfill the conditions of approval within the time limits specified by the conditions and the expiration of the map. Where applicable, the developer shall prepare, file, and receive approval of improvement plans in compliance with Chapter 16.72 (Public Improvements) before constructing any required improvements.

B. Parcel or Final Map Preparation, Filing and Recordation.

1. A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 16.192 (Parcel Maps and Final Maps), to complete the subdivision, unless a parcel map has been waived in compliance with Section 16.192.020(A)(1) (Waiver of parcel map).

2. A final map for a subdivision of five or more parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 16.192 (Parcel Maps and Final Maps), to complete the subdivision.

(Prior code § 16-630.110)