No person shall create a minor subdivision except in accordance with a parcel map approved pursuant to this title and the Subdivision Map Act and filed in the office of the County Recorder unless such requirement for a parcel map is otherwise waived pursuant to Section 20.24.150. The provisions of this chapter shall not apply to:
A. 
The conveyance, transfer, creation or establishment of an easement for sewer, water or gas pipelines and appurtenances or electrical or telephone poles and lines or conduit and appurtenances;
B. 
The leasing of a dwelling on a lot which, together with all contiguous land owned by the same person or persons, has an area of less than 12,000 square feet;
C. 
The conveyance or transfer of land or any interest therein by or to the United States, state, county, city, school district, special district or public utility.
(Ord. 9417 § 2, 1975)
Any person proposing to create a minor subdivision pursuant to this title shall file with the City Planner a tentative parcel map pursuant to the provisions of this chapter; provided, however, an adjustment plat may be filed in lieu of a tentative parcel map under the conditions specified in Chapter 20.36 of this title. The City Planner shall not certify a parcel map pursuant to Section 66450 of the Subdivision Map Act unless prior thereto a tentative parcel map of the minor subdivision shown thereon shall have been filed with and approved pursuant to this chapter.
(Ord. 9417 § 2, 1975; Ord. CS-192 § 31, 2012)
A. 
An application for a tentative parcel map may be made by the owner of the property affected or the authorized agent of the owner. The application shall:
1. 
Be made in writing on a form provided by the City Planner;
2. 
State fully the circumstances and conditions relied upon as grounds for the application; and
3. 
Be accompanied by adequate plans, a legal description of the property involved, data specified by this title and all other materials as specified by the City Planner.
B. 
At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the City Council.
C. 
If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the City Planner, Planning Commission and the City Council.
D. 
The City Planner shall not accept a tentative parcel map for processing unless the City Planner finds that:
1. 
The requirements of Title 19 of this code have been met;
2. 
The tentative parcel map is consistent with the provisions of Title 21 of this code and that all approvals and permits required by Title 21 for the project have been given or issued.
E. 
All tentative parcel maps shall be approved, conditionally approved or denied within the time limits specified by this title and the Subdivision Map Act.
If the decision-making authority does not take action to approve, conditionally approve or deny the tentative parcel map within the time limits specified by this title or the Subdivision Map Act, the tentative parcel map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of this code and the Subdivision Map Act.
F. 
Notwithstanding the provisions of subsections D and E of this section, a tentative parcel map may be processed concurrently with other development permits or approvals required for the project required by Titles 19 or 21 of this code, if the subdivider for the tentative parcel map first waives the time limits for processing, approving or conditionally approving or disapproving a tentative parcel map provided by this title or the Subdivision Map Act. Pursuant to the provisions of Chapter 19.04 of this code, a project may be processed according to this chapter but still not be deemed complete until the environmental documents are completed.
(Ord. 9417 § 2, 1975; Ord. 9559 § 3, 1980; Ord. 9760 § 10, 1985; Ord. CS-192 § 31, 2012)
Such information as may be prescribed by the rules and regulations approved by the City Council pursuant to Section 20.04.060 of this title and such additional information as the City Planner may find necessary with respect to any particular case to implement the provisions of this title shall accompany the tentative parcel map at the time of submission.
(Ord. 9417 § 2, 1975; Ord. CS-192 § 31, 2012)
There shall be filed with each tentative parcel map a grading plan showing graded building site elevations and grading proposed for the creation of building sites or for construction or installation of improvements to serve the subdivision. The grading plan together with the original topographical contours may both be shown on the tentative parcel map. In the event no such grading is proposed, a statement to that effect shall be placed on the tentative parcel map. This plan shall indicate approximate earthwork volumes of proposed excavation and filling operations.
(Ord. 9417 § 2, 1975)
There shall be filed with each tentative parcel map a current preliminary title report of the property being subdivided or altered.
(Ord. 9417 § 2, 1975; Ord. CS-192 § 32, 2012)
At the time of filing a tentative parcel map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report specified by Section 66427.4 of the California Government Code and, if applicable, Section 21.37.110(B)(3) of this code. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks. The subdivider shall make a copy of the report available to each resident of the mobile home park within 15 days of the filing of the tentative parcel map. The subdivider shall also provide all notices required by Section 21.37.120 of this code. The City Planner may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park, and shall make all the findings required by Section 21.37.120.
(Ord. CS-192 § 32, 2012)
A replacement tentative parcel map shall be submitted when the City Planner finds that the number or nature of the changes necessary for approval are such that they cannot be shown clearly or simply on the original tentative parcel map.
(Ord. 9417 § 2, 1975; Ord. CS-192 § 32, 2012)
Where a subdivider desires to revise an approved tentative parcel map, the subdivider may file with the City Planner, prior to the expiration of the approved tentative parcel map, a revised tentative parcel map on payment of the fees specified in Section 20.08.060.
(Ord. 9417 § 2, 1975; Ord. CS-192 § 32, 2012)
A. 
Within five working days after a tentative parcel map has been filed, the City Planner shall transmit copies of the tentative parcel map together with accompanying information to such public agencies and public and private utilities as the City Planner determines may be concerned. Each of the public agencies and utilities may, within 10 working days after the map has been sent to such agency, forward to the City Planner a written report of its findings and recommendations thereon.
B. 
The City Planner shall obtain the recommendations of other city departments, governmental agencies or special districts as may be deemed appropriate or necessary by the City Planner in order to carry out the provisions of this title.
(Ord. 9417 § 2, 1975; Ord. 9467 § 7, 1976; Ord. 1261 § 33, 1983; Ord. NS-676 § 14, 2003; Ord. CS-192 § 32, 2012)
The responsibilities of the City Council pursuant to Sections 66473.5, 66474, 66474.1 and 66474.6 of the Subdivision Map Act and the responsibilities of the Planning Commission pursuant to Section 65402 of the Government Code and Section 2.24.065 of this code are assigned to the City Planner with respect to those tentative parcel maps filed pursuant to this chapter.
(Ord. 9417 § 2, 1975; Ord. 9424 § 3, 1975; Ord. CS-192 § 32, 2012)
Whenever the subdivider is required by this title or the Subdivision Map Act to give any notice or provide any report or information to any person other than the city, the subdivider shall submit proof sufficient to allow the City Planner to find that the notice has been given or the reports or information provided. Such proof may include declarations under penalty of perjury.
(Ord. 9417 § 2, 1975; Ord. CS-192 § 32, 2012)
A. 
Notice of an application for a tentative parcel map shall be given pursuant to the provisions of Section 21.54.061 of this title and the following:
1. 
At least 10 calendar days prior to a decision on the application, written notice shall be given as follows:
a. 
Notice by mail. Mailed or delivered to:
i. 
The owner of the subject real property or the owner's duly authorized agent.
ii. 
The subdivider and/or the subdivider's representative.
iii. 
All owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the tentative parcel map. In lieu of utilizing the assessment roll, records of the county assessor or tax collector that contain more recent information than the assessment roll may be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 1,000, in lieu of mailed or delivered notice, notice may be given by placing a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the city.
iv. 
All occupants within 100 feet of the subject property and to the area office of the California Coastal Commission. This requirement applies to minor coastal development permits only.
v. 
Any person who has filed a written request for notice with the City Clerk. The City Clerk shall charge a fee established by City Council resolution which is reasonably related to the costs of providing this service. Each request shall be annually renewed.
vi. 
When a tentative parcel map is for the conversion of existing residential real property to a condominium project, community apartment project or stock cooperative project, the notice required by this section shall be sent to all tenants of the project.
2. 
Once notice has been given in accordance with this section, any person may file written comments or a written request to be heard within 10 calendar days of the date of the notice. If a written request to be heard is filed, the City Planner shall:
a. 
Schedule an administrative hearing; and
b. 
Provide written notice at least five calendar days prior to the date of the administrative hearing to the owner of the subject real property or the owner's duly authorized agent, the project applicant and/or applicant's representative, and any person who filed written comments or a written request to be heard.
B. 
The failure by any person to receive the notice specified herein shall not invalidate any action taken pursuant to this title.
(Ord. 9532 § 3, 1979; Ord. 9602 § 18, 1981; Ord. 9626 § 8, 1982; Ord. CS-192 § 32, 2012)
A. 
The City Planner shall have the authority to approve, conditionally approve or deny a tentative parcel map based upon review of the facts as set forth in the application, the circumstances of the particular case, and evidence presented at an administrative hearing if one is conducted pursuant to the provisions of Section 21.24.110 of this title.
B. 
The City Planner may approve or conditionally approve the tentative parcel map if all of the findings of fact in Section 20.24.130 of this chapter are found to exist.
1. 
Whenever the City Planner approves or conditionally approves a tentative parcel map providing for supplemental size of improvements, the establishment of benefit districts, the execution of reimbursement agreements or the setting of fees under any of the provisions of Section 20.08.130 or 20.08.140; Chapter 20.09; or Section 20.16.041, 20.16.042 or 20.16.043, the map shall be forwarded to the City Council, which shall hold a public hearing on the issue of the improvements.
2. 
Any decision to approve or conditionally approve a tentative parcel map shall include a description, pursuant to the provisions of this title, of the kind, nature and extent of any improvements required to be constructed or installed in or to serve the subdivision. However, where the City Planner does not prescribe the kind, nature or extent of the improvements to be constructed or installed, improvements shall be constructed and installed in accordance with the city standards.
3. 
Any decision to disapprove a tentative parcel map shall be accompanied by a finding, identifying the requirements or conditions which have not been met or performed.
(Ord. 9417 § 2, 1975; Ord. CS-192 § 32, 2012)
The decision-making authority may approve, or conditionally approve a tentative parcel map if all of the findings in Section 20.12.091 of this title and the following findings are made:
A. 
The land proposed for division was created legally, or the lot or parcel has been approved by the city and a certificate of compliance relative thereto has been filed with the County Recorder;
B. 
The subdivision does not create five or more lots, inclusive of the total number of lots in a parcel map of which the subject land is a part of and which was approved or recorded less than two years prior to the filling of the subject tentative parcel map;
C. 
The land proposed for division is not part of an approved tentative parcel map wherein the parcel map requirement was waived pursuant to provisions of this division and a certificate of compliance has been filed with the County Recorder pursuant to Chapter 20.48 of this title.
(Ord. 9417 § 2, 1975; Ord. 9521 § 17, 1979; Ord. 9559 § 4, 1980; Ord. 9602 § 20, 1981; Ord. 9760 § 11, 1985; Ord. 9806 § 12, 1986; Ord. CS-192 § 32, 2012)
A. 
When a decision on a tentative parcel map is made pursuant to this chapter, the decision-making authority shall announce its decision and findings in writing.
B. 
The announcement of decision and findings shall include:
1. 
A statement that the tentative parcel map is approved, conditionally approved, or denied;
2. 
The facts and reasons which, in the opinion of the decision-making authority, make the approval or denial of the tentative parcel map necessary to carry out the provisions and general purpose of this title;
3. 
Such conditions and limitations that the decision-making authority may impose in the approval of the tentative parcel map.
C. 
The announcement of decision and findings shall be mailed to:
1. 
The owner of the subject real property or the owner's duly authorized agent, the subdivider and/or the subdivider's representative at the address or addresses shown on the application filed with the planning division;
2. 
Any person who has filed a written request for a notice of decision;
3. 
Any person who filed a written request for an administrative hearing or to be heard at an administrative hearing.
(Ord. CS-192 § 33, 2012)
Decisions on tentative parcel maps shall become effective as of the date specified by the decision-making authority unless appealed and processed in accordance with the provisions of Section 21.54.140 of this code and Section 66452.5 of the Subdivision Map Act.
(Ord. 9417 § 2, 1975; Ord. 9532 § 3, 1979; Ord. NS-176 § 15, 1991; Ord. CS-192 § 34, 2012)
A. 
Other provisions of this title to the contrary notwithstanding, the requirement that a parcel map be prepared, filed with the City Engineer and recorded may be waived, provided a finding is made by the City Engineer or, on appeal, by the Planning Commission or City Council, that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of this title and the Subdivision Map Act and with the requirements of the public facilities element of the general plan and the provisions of Chapter 20.44 of this title which would otherwise apply to the proposed subdivision.
B. 
An applicant for a minor subdivision pursuant to this section shall pay the fee prescribed by Section 20.08.060 for tentative parcel maps and shall file an application and request for parcel map waiver which shall contain sufficient information in the opinion of the City Engineer to enable the City Engineer or, on appeal, the Planning Commission or City Council, to make the findings required by this section. The following types of subdivisions are deemed to comply with the findings required by this section for waiver of the parcel map unless the City Engineer or, on appeal, the Planning Commission or City Council finds, based on substantial evidence that public policy necessitates a parcel map, such map shall not be required for the following:
1. 
Short-term leases, terminable by either party on 30 days' notice, of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code;
2. 
Land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way shall include a fee interest, a leasehold interest, an easement or a license.
C. 
The following minor subdivisions, provided dedications or improvements are not required by the City Engineer, or on appeal the Planning Commission or City Council, as condition of approval in the absence of evidence to the contrary, are deemed to comply with the findings required by this section for waiver of the parcel map:
1. 
A minor subdivision wherein each resulting lot or parcel contains a gross area of 40 acres or more, or each of which is a quarter-quarter section or larger;
2. 
A minor subdivision only for the purpose of leasing the lots resulting from such subdivision;
3. 
A major subdivision as specified in Section 20.20.050 of this title.
D. 
The processing of any application pursuant to this section shall be subject to the same time requirements and procedures as are provided in this title for tentative parcel maps. The City Engineer's decision to waive a parcel map may be appealed in the same manner as the appeal of City Planner decisions pursuant to the provisions of Section 21.54.140 of this code. In any case, where waiver of the parcel map is granted by the City Engineer, or on appeal by the Planning Commission or City Council, the City Engineer shall cause to be filed for record with the County Recorder a certificate of compliance pursuant to Chapter 20.48 of this title.
(Ord. 9417 § 2, 1975; Ord. 9504 §§ 1, 2, 1978; Ord. 9521 § 18, 1979; Ord. NS-636 § 3, 2002; Ord. CS-192 § 34, 2012)
A. 
The provisions for the expiration of tentative maps specified in Section 20.12.100 of this title shall be applicable to tentative parcel maps.
B. 
Prior to the expiration of the tentative parcel map, a parcel map conforming to the requirements of Chapter 20.32 of this title may be filed with the City Engineer for approval. The parcel map shall be deemed filed on the date it is received by the City Engineer. Once a timely and complete filing has been made pursuant to this section, subsequent actions of the city, including, but not limited to, processing, approving and recording, may occur after the date of expiration of the tentative map.
(Ord. 9417 § 2, 1975; Ord. 9525 § 1, 1979; Ord. 9680 § 8, 1983; Ord. 9830 § 2, 1987; Ord. CS-032 § 2, 2009; Ord. CS-192 § 34, 2012)
The provisions for the extension of tentative maps specified in Section 20.12.110 of this title shall be applicable to tentative parcel maps.
(Ord. 9417 § 2, 1975; Ord. NS-422 § 4, 1997; Ord. CS-003 §§ 2, 4, 2008; Ord. CS-135 § 10, 2011; Ord. CS-192 § 34, 2012)
The provisions for amendments to tentative maps specified in Section 20.12.120 of this title shall be applicable to tentative parcel maps.
(Ord. CS-192 § 35, 2012)
A vesting tentative parcel map may be filed and processed in the same manner and subject to the same requirements as a tentative parcel map except as provided in Chapter 20.17.
(Ord. 9788 § 7, 1986)