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)
If a division of land contains five or more units or lots, the
city council shall forward a copy of the conditions of approval of
the tentative map to the State Real Estate Commissioner.
(Prior code § 9105.09; 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)
All parcel maps require a tentative and final parcel map except
as may be otherwise provided in this title regarding waivers and certificates
of compliance.
(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)