A tentative and final tract map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units except as provided in Government Code Section 66426.
(Ord. 855 § 3, 1994)
The tentative tract map process commences when the applicant submits a completed subdivision application and information form to the city planner. The designated number of copies of the subdivision application and information form, tentative tract maps and required written statements shall be submitted to the city planner. The city planner shall distribute said copies and written statements to the following:
A. 
Each member of the division of land committee;
B. 
A city requesting extraterritorial review of tentative tract maps pursuant to Article 3, Chapter 3, of the Subdivision Map Act; and
C. 
Other agencies or school districts when, in the opinion of the city planner, pursuant to Article 3, Chapter 3, of the Subdivision Map Act, such agencies would have been an interest in the proposed division of land.
(Prior code § 9105.01; Ord. 855 § 3, 1994)
A. 
Within thirty calendar days of the submission of an application to the city planner, the city planner shall notify the applicant whether the application is complete or incomplete. If the application is determined not to be complete, the written notice to the applicant shall specify those parts of the application which are incomplete and shall indicate the manner in which it can be made complete, including a list and thorough description of specific information needed to complete the application. The applicant may submit to the city planner further materials necessary to complete the application. Such additional information shall be submitted by the applicant within ninety days of the sending of the notice. The applicant may request, and the city planner may grant a longer time, upon a showing of good cause. If the additional information is not timely submitted, the application shall be deemed terminated.
B. 
Within thirty calendar days of receipt of the further materials, the city planer shall notify the applicant in writing whether the application is complete or incomplete. If the application is determined not to be complete, the applicant may, within fifteen days, make a written appeal of that determination to the planning commission. The planning commission shall determine the appeal of the applicant based upon written material submitted by the applicant. The planning commission shall not be required to hold a public hearing or take oral testimony from any party. The decision of the planning commission shall be in writing and mailed to the applicant within sixty days of the filing of the appeal by the applicant. The decision of the planning commission shall be final and conclusive.
C. 
The time periods and limitations in this section may be waived by mutual written consent of the applicant and city.
(Ord. 855 § 3, 1994)
The division of land committee shall meet to review and make recommendations on tentative tract maps subsequent to the submission of a complete application. Division of land committee meetings shall be open to the subdivider or his or her authorized agent. The applicant, subdivider and/or any authorized representatives shall be notified a minimum of five days prior to the date of the meeting.
(Prior code § 9105.02; Ord. 855 § 3, 1994)
The city planner shall prepare a written report, setting forth recommendations of the division of land committee and the content of other reports submitted to the city planner at or prior to the division of land committee meeting. The city planner shall transmit said report together with a copy of the tentative tract map to the advisory agency. The city planner shall provide the subdivider with a copy of the division of land committee report three days prior to action on the tentative tract map by the advisory agency. In case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, each tenant of the subject property shall be provided the report of the city planner three days prior to any action on the tentative tract map by the advisory agency. If the subdivider or tenant or his or her authorized representative does not receive the report in person, this provision shall be deemed accomplished when the report is placed in the mail, bearing the proper postage, and directed to the subdivider or tenant at his or her designated address.
(Prior code § 9105.03; Ord. 855 § 3, 1994)
A. 
Action on the subdivision application shall be made by the advisory agency after a noticed public hearing. Notice of the public hearing shall include date, time and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property which is the subject of the hearing. Notice shall be distributed as follows:
1. 
Posting in three public places, and in one public place near the location of the project at least ten days before the hearing;
2. 
Mailed or delivered to the owner of the property or the owner's duly authorized agent, and the project applicant at least ten days prior to the hearing;
3. 
Mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected, at least ten days prior to the hearing;
4. 
Mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing at least ten days before the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand, the city may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing;
5. 
Published in one newspaper which is generally distributed within the city at least ten days prior to the hearing;
6. 
If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project or stock cooperative project, the notice shall also be given by United States mail to each tenant of the subject property, ten days prior to the hearing;
7. 
The public hearing may be continued by the advisory agency from time to time without further specific notice.
B. 
After closing the public hearing the advisory agency shall review the report of the division of land committee and report their findings and recommendations, by resolution, to the city council within fifty days 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 the California Environmental Quality Act.
(Prior code § 9105.04; Ord. 855 § 3, 1994)
A. 
Action by the city council on the tentative tract map application shall be made after a public hearing. Notice of the public hearing shall be made in the same time and manner as for the advisory agency.
B. 
After the public hearing the city council shall by resolution approve, conditionally approve or disapprove tentative tract maps within thirty days after the next regular meeting of the city council following the filing of the advisory agency's report with the city council. The decision of the city council shall be final.
C. 
When an environmental impact assessment is required for the subdivision application, the specified time periods 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 the California Environmental Quality Act.
(Prior code § 9105.05; Ord. 855 § 3, 1994)
A. 
The city council may grant minor modifications to the provisions of this chapter which it determines are warranted because of the size or shape of the division of land, unusual physical conditions, title restrictions, the proposed use of one or more parcels, or the nature of the interest to be conveyed in parcels created by the proposed division of land, or where street rights-of-way conform to existing rights-of-way and no dedication is necessary.
B. 
The city council shall only consider such modifications after it has reviewed the recommendations therefor of the division of land committee and advisory agency. The modifications and/or conditions shall be included in the city council action on the tentative map and shall become a part thereof. No modification shall be granted which has the effect of negating the provisions of an ordinance of the city other than the ordinance codified in this title, or that which is inconsistent with the provisions of state law.
(Prior code § 9105.06; Ord. 855 § 3, 1994)
The time limits for acting and reporting on tentative tract maps and appeals as specified in this title and by the Subdivision Map Act may be extended by mutual consent of the subdivider or city planner or division of land committee or planning commission or city council, as the case may be.
(Prior code § 9105.07; Ord. 855 § 3, 1994)
Every application for tentative approval of a parcel map, other than for a boundary line adjustment, shall be subject to compliance with applicable provisions set forth in Chapters 17.12, 17.20, 17.28 and 17.32 of this title, and the subdivider shall submit the designated number of copies of a tentative parcel map. Parcel maps shall be processed in the manner set out in Sections 17.16.095 through 17.16.150.
(Prior code § 9106.02; Ord. 855 § 3, 1994)
A. 
Within thirty calendar days of the submission of an application to the city planner, the city planner shall notify the applicant in writing whether the application is complete or incomplete. If the application is determined not to be complete, the written notice to the applicant shall specify those parts of the application which are incomplete and shall indicate the manner in which it can be made complete, including a list and thorough description of specific information needed to complete the application. The applicant may submit to the city planner further materials necessary to complete the application. Such additional information shall be submitted by the applicant within ninety days of the sending of the notice. The applicant may request, and the city planner may grant a longer time, upon a showing of good cause. If the additional information is not timely submitted, the application shall be deemed terminated.
B. 
Within thirty calendar days of receipt of the further materials, the city planner shall notify the applicant in writing whether the application is complete or incomplete. If the application is determined not to be complete, the applicant may, within fifteen days, make a written appeal of that determination to the division of land committee. The division of land committee shall determine the appeal of the applicant based upon written material submitted by the applicant. The division of land committee shall not be required to hold a public hearing or take oral testimony from any party. The decision of the division of land committee shall be in writing and mailed to the applicant within sixty days of the filing of the appeal by the applicant. The decision of the division of land committee shall be final and conclusive.
C. 
The time periods and limitations in this section may be waived by mutual written consent of the applicant and the city.
(Ord. 855 § 3, 1994)
The division of land committee shall meet to review and make recommendations on tentative maps subsequent to the submission of a complete application. Division of land committee meetings shall be open to the subdivider or his or her authorized agent. The applicant, subdivider and/or any authorized representatives shall be notified a minimum of five days prior to the date of the meeting.
(Prior code § 9106.02 (A); Ord. 855 § 3, 1994)
The city planner shall prepare a written report, setting forth the recommendations of the division of land committee and the content of other reports submitted to the city planner at or prior to the division of land committee meeting. The city planner shall transmit said report together with a copy of the tentative tract map to the advisory agency. The city planner shall provide the subdivider with a copy of the division of land committee report three days prior to action on the tentative tract map by the advisory agency. In the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, each tenant of the subject property shall be provided the report of the city planner three days prior to any action on the tentative tract map by the advisory agency. If the subdivider or tenant or his or her authorized representative does not receive the report in person, this provision shall be deemed accomplished when the report is placed in the mail, bearing the proper postage, and directed to the subdivider or tenant at his or her designated address.
(9106.02 (B); Ord. 855 § 3, 1994)
A. 
Action on the subdivision application shall be made by the planning commission after a noticed public hearing at which the subdivider and/or his or her representatives may appear and present any relevant matters. Notice of the public hearing shall include date, time and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property which is the subject of the hearing. Notice shall be distributed as follows:
1. 
Posting in three public places, and in one public place near the location of the project at least ten days before the hearing.
2. 
Mailed or delivered to the owner of the property or the owner's duly authorized agent, and the project applicant at least ten days prior to the hearing.
3. 
Mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected, at least ten days prior to the hearing.
4. 
Mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing at least ten days before the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand, the city may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing.
5. 
Published in one newspaper which is generally distributed within the city at least ten days prior to the hearing.
6. 
If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project or stock cooperative project, the notice shall also be given by United States mail to each tenant of the subject property, ten days prior to the hearing.
7. 
The public hearing may be continued by the advisory agency from time to time without further specific notice.
B. 
The planning commission shall by resolution approve, conditionally approve or disapprove the parcel map. The decision of the planning commission shall be final unless timely appealed to the city council.
(Prior code § 9106.02 (C); Ord. 855 § 3, 1994)
A. 
Within five days of the taking of action on any tentative parcel map, the city planner, on behalf of the planning commission, shall send written notice of their decision to the applicant.
B. 
The applicant may appeal the decision of the planning commission to the city council in accordance with Chapter 17.40 of this code.
(Prior code § 9106.02 (D); Ord. 855 § 3, 1994)
A. 
The following tentative parcel maps shall be eligible for waiver of the requirement that a final parcel map be filed:
1. 
Subdivisions of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the Public Utilities Code, which are created by short-term leases (terminable by either party on not more than thirty days' notice in writing);
2. 
Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a final parcel map;
3. 
The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body;
4. 
Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway;
5. 
The land consists of a parcel or parcels of land having approved access to the public street or highway which compromises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths;
6. 
Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section.
B. 
Final parcel map waiver requests shall be made in writing on a standardized form provided by the city planner. The request for waiver shall be filed with the division of land committee. The request shall include:
1. 
A request for waiver signed and acknowledged by all owners of record of the land comprising the tentative parcel map;
2. 
The description of each proposed parcel;
3. 
If requested by the division of land committee, a plat map, showing sufficient ties, dimensions and bearings to adequately establish the boundaries of the minor land division and of each proposed parcel. Record information, when available, may be utilized.
C. 
The division of land committee may require the submission of documentation or a preliminary title report, as it deems necessary to verify the information presented in the request for waiver. All submissions shall be legible and readily reproducible.
D. 
Before approval of a request for waiver, the subdivider shall complete or guarantee completion of the conditions of approval as if a final parcel map were to be filed.
E. 
The subdivider shall pay a sum of money equal to the amount required by law for filing with the county recorder a certificate of compliance for the parcels comprising the subdivision.
F. 
Within twenty days after acceptance of a request for waiver, or within such additional time as may be necessary, the division of land committee shall waive the requirements that a final parcel map be filed, if it finds:
1. 
That the design of each parcel described in the request for waiver is in substantial accordance with the tentative parcel map, as approved;
2. 
That the proposed subdivision complies with all applicable 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 the subdivision map act and Title 17.
G. 
When a waiver is granted pursuant to this section, the division of land committee shall, within fifteen working days, cause a certificate of compliance, describing each approved parcel, to be filed for record with the county recorder. The certificate of compliance shall state that the requirement that a final parcel map be filed has been waived and that the parcels comprising division of land may be sold, leased, financed or transferred in full compliance with all applicable provisions of the Subdivision Map Act and of this title.
(Ord. 855 § 3, 1994)