The purpose of this article is to provide a sufficient amount of accurate data in order to make the best decisions possible regarding the development and improvement of lands within the Town. An overriding concern is that the proposed development and improvements will conform to the general plan and its elements, and to any applicable specific plans. Special concern and scrutiny will be paid to the relationship of the subject property to surrounding properties. This comparison analysis shall be performed from both a current and a future planning perspective.
It is the intent of this article to generate an accurate portrayal of how, and to what degree, the proposed subdivision will alter the natural state of the undeveloped lands. To the degree that the natural amenities, characteristics, topography, vegetation, natural drainage and wildlife habitat and connectivity are preserved, the probability of acceptance of a given subdivision will be enhanced.
(§ 1, Ord. 572, eff. February 18, 2018)
The following procedures are adopted for the processing of all applications to subdivide real property.
A tentative map shall be prepared and submitted by a subdivider desiring to divide a parcel of land in the Town into two or more parcels in accordance with Section 66426 of the Subdivision Map Act. Applications for subdivision map approval shall be in writing on forms provided by the Planning Department and shall be accompanied by a tentative map or maps, as set forth in this article, prepared in accordance with the Subdivision Map Act and this chapter.
(§ 1, Ord. 572, eff. February 18, 2018)
Tentative maps shall be prepared by a registered civil engineer, or a licensed land surveyor, as registered and/or licensed by the State. Tentative maps shall be in accordance with the Subdivision Map Act and this title. Tentative maps shall be clearly and legibly drawn on paper of good quality and shall be 24 inches by 36 inches in size.
(§ 1, Ord. 572, eff. February 18, 2018)
The applicant shall submit a complete application in accordance with the requirements established by the Town and shall be accompanied by the required fees and deposits as prescribed by resolution of the City Council.
(§ 1, Ord. 572, eff. February 18, 2018)
The application for the tentative map and all supplemental data, information, fees and deposits required by this article, or by separate resolution, shall be submitted to the Planning Director or authorized representative.
Upon submittal of a complete application, the Planning Director or authorized representative shall review the application to determine if all requirements for the filing of a tentative map are in accordance with the provisions of the Subdivision Map Act and this chapter and copies of the tentative map, along with accompanying data, shall be transmitted to the appropriate state and local agencies, Town departments and committees, and public utilities for review and comments.
Within 30 days of the submittal date, the Planning Director or authorized representative shall give written notice to the applicant/subdivider indicating pursuant to Government Code Section 65943 whether the application is complete which may also include comments from other public agencies, Town departments and committees, and public utilities. Any component of the application which is incomplete shall be specified and the manner in which they can be made complete shall be indicated. In the case of any subdivision which requires the preparation of an environmental document pursuant to the California Environmental Quality Act, no application shall be deemed complete until an environmental determination has been made by the Town in compliance with the California Environmental Quality Act.
The Planning Director or authorized representative shall schedule a Subdivision Committee meeting to be held following the next available Planning Commission meeting, but no later than 45 days after the submittal of a tentative map to discuss the tentative map on the information and plans submitted.
(§ 1, Ord. 572, eff. February 18, 2018)
The Planning Director or authorized agent, at the time of distribution of the tentative map, shall advise each of the public agencies, members of the Subdivision Committee, Town committee chairs and members of the public utility companies affected, of the date, time and place of a scheduled Subdivision Committee meeting. Said meeting shall not be held more than 45 days after submittal of the tentative map.
Not fewer than 10 days prior to the Subdivision Committee meeting, the Planning Director or authorized representative shall send a public notice to the subdivider, the owner of each property within 500 feet of the exterior boundaries of the proposed subdivision, and to any abutting local jurisdiction advising of the time, place, and date of the Subdivision Committee meeting, with said notices addressed to the owner as noted on the last equalized tax assessment roll. All required names and addresses shall be provided by the subdivider or his or her representative at the time of submittal of the subdivision application.
(§ 1, Ord. 572, eff. February 18, 2018)
(a) 
The Subdivision Committee meeting shall address the provisions of this chapter, the General Plan and its elements, the Zoning Ordinance, and the information supplied to the Subdivision Committee by the agencies, persons, and standing committees of the City and all others, including City residents at large as detailed in Section 9-1.507, with respect to the proposed subdivision. The Subdivision Committee may require others to be present at the meeting, should their knowledge and/or skills be required.
(b) 
No discretionary action shall be taken by this Subdivision Committee on tentative maps. The Planning Director or authorized representative shall, within five days after the Subdivision Committee meeting, prepare a written report of the Subdivision Committee's recommendations which shall be furnished to the subdivider and the subdivider's engineer.
(§ 1, Ord. 572, eff. February 18, 2018)
(a) 
A local agency may make recommendations concerning proposed subdivisions in any adjoining City, or in any adjoining unincorporated territory for any proposed subdivision within the planning area of the requesting local agency. A local agency wishing to make recommendations concerning proposed subdivisions shall file with the local agency having jurisdiction over the subdivisions a map indicating the territory for which it wishes to make recommendations. The local agency having jurisdiction shall issue a receipt for the territorial map.
(b) 
Within five days of a tentative map application being determined to be complete pursuant to Section 65943 for a proposed subdivision located, in whole or in part, within the territory outlined on the territorial map, the local agency shall transmit one copy of the proposed tentative map to the requesting local agency.
(c) 
Within 15 days of receiving a copy of a proposed subdivision map, the requesting local agency may submit recommendations to the local agency having jurisdiction. The local agency having jurisdiction shall consider these recommendations before acting on the tentative map.
(§ 1, Ord. 572, eff. February 18, 2018)
Any subdivider may file with the Town a tentative map of a proposed subdivision of unincorporated territory adjacent to the Town. The map, at the discretion of the Town, may be acted upon in a manner provided in Article 2 of Chapter 3 of the Subdivision Map Act of the State and in accordance with this chapter, except that if it is approved, such approval shall be conditioned upon annexation of the property to the Town within such period of time as shall be specified by the Town, and such approval shall not be effective until annexation of such property to the Town has been completed. If annexation is not completed within the time specified, or any extension thereof, then the approval of such tentative map by the Town shall be null and void. No subdivision of unincorporated territory may be affected by approval of a map by the Town, unless annexation thereof to the Town is completed prior to the approval of the final map thereof.
(§ 1, Ord. 572, eff. February 18, 2018)
For the purposes of the Subdivision Map Act, this title and Chapter 4.5 of Division 1, Title 7 of the Government Code, the date upon which notice is given to the applicant that the application is complete shall be deemed the date of filing of the application; provided, however, that if, at any stage of the processing map, a decision maker determines that a Negative Declaration, Mitigated Negative Declaration or an Environmental Impact Report is required, the date of filing shall be revised to the date upon which that environmental document is certified by the decision making body.
Per Section 66452.2 of the Subdivision Map Act, the 50 day limitation as set forth in subsection (b) of Section 66452.2 shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.
(§ 1, Ord. 572, eff. February 18, 2018)
(a) 
Once the tentative map is deemed complete and an environmental assessment has been completed, the Planning Director, or authorized representative, shall place the tentative map on the next available agenda of the Planning Commission.
(b) 
The public hearing notice shall include the date, time and place of the meeting, including a general description of the location of the proposed subdivision, together with the owner's and the subdivider's name(s) and the number of lots proposed, shall be given at least 10 days prior to the hearing. The day of the hearing and the day of the posting of the notice shall not be included within the 10 day period. In any case involving a request for a conditional exception, the exception shall be specifically noted and described in the notice.
(c) 
Notices of such public hearings shall be given as follows:
(1) 
By posting the notice in at least three public posting places in the City; and
(2) 
By posting a notice on the property adjacent to a public street or from any access road or way to property not having public frontage; and
(3) 
By mailing notice by United States mail to the owner of the subject property, or the owner's authorized representative, to the project applicant, to each local agency expected to provide water, sewage, streets, roads, schools or other essential services to the project whose ability to provide those services may be significantly affected, and to each property owner whose property is within 500 feet of the exterior boundary of the proposed subdivision, using addresses from the latest equalized assessment roll. In lieu of using the assessment roll, the Town may require these addresses to be obtained from records of the county assessor or tax collector which contain more recent information than the assessment roll. All required names and addresses shall be provided by the subdivider or his or her representative at the time of filing of the tentative map.
(§ 1, Ord. 572, eff. February 18, 2018)
(a) 
The Commission shall determine whether the tentative map is in conformity with all the provisions of the General Plan, Zoning ordinance, the Subdivision Map Act and this chapter and, upon that basis, shall take one of the following actions:
(1) 
Recommend that the City Council approve the tentative map with or without conditions and/or exceptions;
(2) 
Continue deliberation with the concurrence of the subdivider;
(3) 
Recommend that the City Council deny the tentative map; or
(4) 
Recommend that the City Council deny the tentative map without prejudice (under this action, the subdivider may resubmit his or her map within 90 days from the date of denial, without payment of any additional filing fees. Additional deposit fees will be required. Any deposit fees remaining on deposit with the City following the date of disapproval without prejudice shall be returned to the subdivider).
(b) 
If the Planning Commission determines that there are special circumstances or conditions affecting the property, that undue or unnecessary hardship or expense may result from the strict compliance with the provisions of design and improvement requirements as set forth in this article, or that the exception is necessary for the preservation and enjoyment of the substantial property rights of the owner or authorized agent, and that an exception would not be materially detrimental to the public health, safety, convenience, or welfare or injurious to other property in the area in which the subject subdivision is located, the Planning Commission may recommend that the City Council consider conditional exceptions to any of the design or improvement requirements of this article based on the findings listed in Section 9-1.1501 of this chapter. In recommending any exceptions to the City Council under the provisions of this article, the Planning Commission shall report to the City Council its findings with respect thereto and all facts in connection therewith and shall specifically and fully set forth the exceptions recommended and the conditions designated.
(c) 
In the event of recommended approval of the tentative map, one copy of the action properly endorsed and attached thereto shall be returned to the subdivider and one copy with the endorsed attachment shall be kept permanently on file by the City.
(§ 1, Ord. 572, eff. February 18, 2018)
The Planning Commission shall recommend denial of any tentative map if it makes any of the following findings as set forth in Section 66474 of the Government Code:
(a) 
That the proposed map is not consistent with applicable General Plan and specific plans as specified in Government Code Section 65451;
(b) 
That the design or improvement of the proposed subdivision is not consistent with applicable General Plan and specific plans;
(c) 
That he site is not physically suitable for the type of development;
(d) 
That the site is not physically suitable for the proposed density of development;
(e) 
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;
(f) 
That the design of the subdivision or type of improvements is likely to cause serious public health problems;
(g) 
That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it 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. This subsection 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 City Council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
(§ 1, Ord. 572, eff. February 18, 2018)
(a) 
Once the Planning Commission has made a recommendation on the map, the City Clerk shall place the map upon the next available meeting agenda of the City Council. The City Council shall approve, conditionally approve, deny, or deny without prejudice the tentative map within 30 days of the Planning Commission recommendation. The City Council shall also take action on any and all conditional exceptions that may accompany the tentative map.
(b) 
The action of the City Council shall be clearly endorsed on the face of the tentative map. If no action is taken by the City Council within 50 days after the official filing date of the tentative map, or of a longer period mutually agreed to by the subdivider and the City Council, then the tentative map, as filed, shall be deemed to be approved, insofar as it complies with other applicable requirements of this article, and it shall be the duty of the Clerk of the legislative body to certify such approval.
(c) 
The determination of the Council after the hearing upon the tentative map shall be transmitted to the City Planner, and shall, if there has been approval or conditional approval, constitute final action upon the tentative map.
(§ 1, Ord. 572, eff. February 18, 2018)
(a) 
An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval.
(b) 
The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map for all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map.
(c) 
Prior to the expiration of the approved or conditionally approved tentative map, upon a written application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.
(d) 
Upon written application of the subdivider, filed prior to the expiration date of the approved or conditionally approved tentative map, the City Council may extend the time for the acceptance of a final map for a period not exceeding an additional 12 months beyond the original 24 month period.
(e) 
The application for an extension shall state the reasons for requesting the extension. In granting the extension, new conditions may be imposed and existing conditions may be revised by the City Council.
(f) 
This section is intended to be in conformance with the provisions of Section 66452.6 of the Subdivision Map Act and shall be subject to all the additional terms and conditions set forth herein.
(§ 1, Ord. 572, eff. February 18, 2018)