All divisions of land that require a final or parcel map pursuant
to any provision of this title or the Subdivision Map Act shall require
the submission of a tentative map. The procedures set forth in this
chapter shall govern the filing, processing, approval, conditional
approval or disapproval of tentative maps for all divisions of land.
(Ord. 3790, 1975; Ord. 4494, 1988; Ord. 5380, 2005)
Prior to the filing of a tentative map for a project where the Planning Commission is designated as the Advisory Agency pursuant to Section
27.03.010, the subdivider shall apply to the Community Development Department for conceptual evaluation by the Pre-Application Review Team of a preliminary map, plan or other data concerning a proposed subdivision. This conceptual review does not constitute a filing. The Pre-Application Review Team, whose membership is outlined in Section 27.07.070.B, sits at such time only to advise the developer in proceeding with his or her project.
(Ord. 3790, 1975; Ord. 4494, 1988; Ord. 5380, 2005)
A. Tentative
maps shall be prepared by a registered civil engineer, or licensed
surveyor, or by a licensed architect insofar as such maps fall within
the practice of architecture.
B. The
tentative map shall be clearly and legibly drawn. The dimensions of
the map shall be 18 inches by 26 inches or multiples thereof. The
scale of the map shall be large enough (not smaller than one inch
equals 100 feet) to show clearly all details thereof, and shall contain
the following information:
1. Total
acreage of the subdivision; subdivision number; north point; basis
of elevation (using the City datum) and the basis of bearing used
in survey; scale; date; boundary lines; existing and proposed lot
lines; approximate dimensions and areas of proposed lots; proposed
land use; land use zone district; identification of adjoining subdivisions
or parcels.
2. Name,
address, telephone number and signature of the owner and subdivider;
name, address, telephone number and registration or license number
of the preparer of the map.
3. Contours
at five-foot intervals, smaller intervals may be required by the Chief
of Building and Zoning. Contours shall extend 100 feet beyond the
boundary of the subdivision when necessary to determine the adequacy
of the proposed subdivision design.
4. Location,
name, width, approximate grades, cross sections of improvements, and
approximate radii of curves of existing and proposed streets and alleys,
including adjacent streets; location of street lights to be installed;
proposed bikeways and trails.
5. Existing
culverts and drain pipes in subdivision and contiguous areas; approximate
boundaries of land subject to overflow, inundation or flood hazard;
the location, width, and direction of flow of all watercourses in
the subdivision and contiguous area; proposed drainage facilities.
6. Proposed
water system and source of water supply; proposed sewer system including
elevations at proposed connections; proposed fire protection system.
7. Location,
width and purpose of all existing and proposed rights-of-way and easements;
railroads; land for park and recreational areas and other public uses
to be dedicated or reserved for public use.
8. Existing
structures within the proposed subdivision; those setback lines that
are different from or in addition to those required by the Zoning
Ordinance; existing trees larger than four inches in diameter measured
two feet above the base.
9. Location
of all existing public utility facilities; location of any proposed
above ground collective public utility facilities.
C. At the time of filing a map for a subdivision to be created from the conversion of a mobilehome park or permanent recreational vehicle park to another use (other than to convert a rental mobilehome or permanent recreational vehicle park to resident ownership), the subdivider shall also file a report on the impact of the proposed mobilehome or permanent recreational vehicle park conversion on the park's residents and obtain approval of a conversion permit in accordance with
Government Code Section 66427.4 and Chapter
28.78 of Title
28 of this Code. At least 30 days prior to public hearing for such a conversion, the City shall inform the subdivider, in writing, of the provisions of Section 798.56 of the California
Civil Code and all applicable local requirements which impose upon the applicant a duty to notify residents of the mobilehome or permanent recreational vehicle park of the proposed change in use. The subdivider shall make a copy of the report available to each resident of the mobilehome or permanent recreational vehicle park 15 days prior to the date of the hearing on which the Advisory Agency is to take action upon the Tentative Map. Except as provided herein, the report and all applicable procedures shall be governed by
Government Code Section 66427.4 and Chapter
28.78 (Mobilehome and Permanent Recreational Vehicle Park Conversion Regulations) of Title
28 of this Code.
D. In the case of a subdivision to convert a rental mobilehome park or permanent recreational vehicle park to resident ownership, the subdivider shall comply with Chapter
27.50 of this title.
(Ord. 3790 §1, 1975; Ord. 5897, 2019)
The subdivider shall list on the tentative map any proposed
noncompliance with the municipal code, the General Plan, and any applicable
specific plans. Failure to do so shall be evidence that full compliance
with the provisions of this title is intended and no variance or waiver
of any provisions of the municipal code, General Plan or specific
plans is contemplated as a condition of approval.
(Ord. 3790 §1, 1975)
In addition to the tentative map, the subdivider may submit
a supplemental report containing any additional information pertinent
to the consideration by the Advisory Agency. Such reports may include:
covenants to be recorded, special land uses proposed, or an explanation
of noncompliance as listed on the tentative map.
(Ord. 3790 §1, 1975)
A. The
Pre-Application Review Team shall meet to review the project and associated
reports and advise applicants of City standards for subdivisions.
B. The
following City officials shall be members of the Pre-Application Review
Team: Chief Building Official, Water Resources Manager, City Engineer,
City Planner, Transportation Engineer, and Fire Chief. Other City
officers and their assistants or deputies may sit as advisory members.
C. Applicants
and their representatives shall be entitled to adequate notice of
the meetings, to be present at meetings, and to discuss with the Team
its recommendations and proposed reports. The Pre-Application Review
Team is hereby authorized to establish such additional rules of procedure
as it deems necessary and appropriate to carry on its business.
(Ord. 3790, 1975; Ord. 4494, 1988; Ord. 5380, 2005)
A. Public
hearing. Prior to taking any action on an application for a tentative
map, the Advisory Agency shall conduct a public hearing at which time
the Advisory Agency shall: (1) receive a report on the design and
improvement of the proposed subdivision from the Community Development
Department with staff recommendations; (2) at the election of the
applicant, receive a presentation regarding the proposed subdivision;
and (3) receive public comment from interested persons. Following
the close of the public hearing, the Advisory Agency shall approve,
conditionally approve or disapprove the tentative map for the proposed
subdivision.
B. Compatibility criteria. In the course of taking action on an application for a tentative map, the Advisory Agency shall take into consideration the comments of the Architectural Board of Review provided pursuant to the requirements of Section
22.68.045 or the comments of the Historic Landmarks Commission provided pursuant to Section 22.22.145 (as the appropriate case may be) and, in issuing a decision on the application for a tentative map, the Advisory Agency shall provide a written indication on how the ABR or HLC comments affected the Advisory Agency's decision.
C. Time
for consideration. The time limits for reporting and acting on tentative
maps shall be consistent with the Subdivision Map Act and any other
pertinent state law. The time limits specified in this section for
reporting and acting on tentative maps may be extended by mutual consent
of the subdivider and the Advisory Agency. In the event the Advisory
Agency continues its consideration of a map beyond such time limit,
the consent of the subdivider to such extension shall be presumed
when the subdivider has notice of the continuance and fails to file
a timely protest.
D. Authority.
The Advisory Agency is authorized to require dedications or reservations
of land within the subdivision for public uses such as streets, highways,
parks, schools, drainage, flood control, access easements or other
uses as a condition for the approval of the tentative map.
(Ord. 3790, 1975; Ord. 4066, 1980; Ord. 4494, 1988; Ord. 5380, 2005; Ord. 5464, 2008)
A. From
decisions of the staff hearing officer.
1. Suspensions.
The Chairperson, Vice Chairperson or other designated member of the
Planning Commission may take action to suspend any decision of the
Staff Hearing Officer serving as the Advisory Agency and to schedule
a public hearing before the Planning Commission to review said decision.
The notice of suspension must be filed with the Community Development
Department within 10 calendar days of the date of the Staff Hearing
Officer's decision. The Community Development Department shall prepare
a report to the Planning Commission with Staff recommendations, including
all maps and data and a statement of findings setting forth the reasons
for the Staff Hearing Officer's decision. In the case of such suspension
and review of the Staff Hearing Officer's decision, the Planning Commission
shall serve as the Advisory Agency. The Planning Commission shall
affirm, reverse, or modify the decision of the Staff Hearing Officer
after conducting a public hearing. Notice of the time and place of
the public hearing shall be given in accordance with the notice required
for the public hearing before the Staff Hearing Officer.
2. Appeals.
The decisions of the Staff Hearing Officer serving as the Advisory
Agency may be appealed to the Planning Commission serving as the Appeal
Board by the applicant or any interested party adversely affected
by the decision of the Advisory Agency. The appeal must be filed with
the Community Development Department within 10 calendar days of the
date of the Staff Hearing Officer's decision unless a longer appeal
period is allowed for other actions taken concurrently with the decision
on the application, in which case the longer appeal period shall prevail.
The appellant shall state specifically in the appeal how the decision
of the Staff Hearing Officer is not in accord with the provisions
of this title or the Subdivision Map Act or how it is claimed that
there was an error or an abuse of discretion by the Staff Hearing
Officer. The Community Development Department shall prepare a report
to the Planning Commission with staff recommendations, including all
maps and data and a statement of findings setting forth the reasons
for the Staff Hearing Officer's decision. The Planning Commission
shall affirm, reverse, or modify the decision of the Staff Hearing
Officer following a public hearing. When acting as the Appeal Board,
the Planning Commission shall comply with the requirements of Section
27.07.080.B of this chapter regarding the consideration of compatibility
criteria in the course of its action on the application. Notice of
the time and place of the public hearing shall be given in accordance
with the notice required for the public hearing before the Staff Hearing
Officer; however, in addition to any other required notice, written
notice shall be sent by first-class mail to the appellant.
B. From
decisions of the Planning Commission. The decisions of the Planning
Commission, including decisions on suspensions or appeals from decisions
of the Staff Hearing Officer, may be appealed to the City Council
serving as the Appeal Board by the applicant or any interested party
adversely affected by the decision of the Planning Commission. The
appeal must be filed with the City Clerk within 10 calendar days of
the date of the Planning Commission's decision unless a longer appeal
period is allowed for other actions taken concurrently with the decision
on the application, in which case the longer appeal period shall prevail.
The appellant shall state specifically in the appeal how the decision
of the Planning Commission is not in accord with the provisions of
this title or the Subdivision Map Act or how it is claimed that there
was an error or an abuse of discretion by the Planning Commission.
Prior to the hearing on said appeal, the City Clerk shall inform the
Community Development Department that an appeal has been filed thereon,
and the Community Development Department shall prepare a report to
the City Council with staff recommendations, including all maps and
data and a statement of findings setting forth the reasons for the
Planning Commission's decision. The City Council shall affirm, reverse,
or modify the decision of the Planning Commission following a public
hearing. Notice of the time and place of the public hearing shall
be given in accordance with the notice required for the public hearing
before the Planning Commission; however, in addition to any other
required notice, written notice shall be sent by first-class mail
to the appellant.
C. Time
for consideration. The time limits for acting on appeals from decisions
of the Advisory Agency regarding tentative maps shall be consistent
with the Subdivision Map Act and any other pertinent state law. The
time limits for acting on suspensions shall conform with the time
limits for appeals. The time limits specified in this section for
reporting and acting on tentative maps may be extended by mutual consent
of the subdivider and the Appeal Board.
D. Fees.
Each appeal shall be accompanied by the appeal fee in the amount established
by resolution of the City Council. No fee shall be charged for a suspension
of a Staff Hearing Officer action by the Chairperson, Vice Chairperson
or other designated member of the Planning Commission.
(Ord. 3790, 1975; Ord. 3955, 1978; Ord. 4066, 1980; Ord. 4195, 1983; Ord. 4494, 1988; Ord. 5380, 2005; Ord. 5464, 2008)
A. Compliance
with state and local requirements and conditions. Approval shall be
denied to any map for failure to meet or comply with any requirement
or condition imposed by the Subdivision Map Act or this code. Approval
shall be denied to any map for which the required information, reports,
plans or agreement has not been submitted.
B. Consistency
with general and specific plans. Approval shall be denied to any map
which is not consistent with the General Plan or a specific plan adopted
thereunder or which depicts a land division or land use which is not
compatible with the objectives, policies, general land uses and programs
specified in the General Plan.
C. Denial
on specific finding; exceptions. Approval or recommendation thereof
shall be denied to any map by the Advisory Agency and, in the event
of an appeal, by the Appeal Board, if said body finds:
1. The
proposed map is not consistent with applicable general and specific
plans.
2. The
design or improvement of the proposed development is not consistent
with applicable general and specific plans.
3. The
site is not physically suitable for the type of development.
4. The
site is not physically suitable for the proposed density of development.
5. The
design of the development or the proposed improvements are likely
to cause substantial environmental damage or to substantially and
avoidably injure fish or wildlife or their habitat.
6. The
design of the development or the type of improvement is likely to
cause serious public health problems.
7. The
design of the development or the type of improvement will conflict
with easements, acquired by the public at large, for access through
or use of property within the proposed development; provided however,
approval may be granted if it is found that alternative easements,
for access of or use, will be provided, and that these will be substantially
equivalent to the ones previously acquired by the public.
D. Access
to public resources. Approval shall be denied to any map which does
not provide for, have available, or offer dedication of reasonable
public access to public natural resources as required by Article 3.5
of Chapter 4 of the Subdivision Map Act.
E. Water
quality requirements. Approval may be denied to any map if discharge
of waste from the proposed development into an existing community
sewer system would result in violation of existing requirements prescribed
by a California regional water quality control board. The determination
of water quality control requirements relating to every subdivision
shall be made at the time of map approval consideration.
(Ord. 3790, 1975; Ord. 4494, 1988; Ord. 5380, 2005)
A. Expiration.
The approval or conditional approval of a tentative map shall expire
three years from the date the map was approved or conditionally approved.
B. Extension.
The subdivider may request an extension of the tentative map approval
or conditional approval by written application to the Staff Hearing
Officer filed with the Community Development Department, such application
to be filed before the expiration of the tentative map. The application
shall state the reasons for requesting the extension. The Staff Hearing
Officer shall grant or deny the request for an extension. In granting
an extension, the Staff Hearing Officer may impose new conditions
or revise existing conditions.
C. Appeal.
If the Staff Hearing Officer denies the subdivider's application for
an extension, the subdivider may appeal said denial to the City Council
within 15 days after the Staff Hearing Officer action.
D. Time limit on extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of two years beyond the expiration of the three year period provided in subsection
A above.
E. Effect
of map modification on extension. Modification of a tentative map
after approval or conditional approval shall not extend the time limits
imposed by this section.
F. Litigation
tolling pursuant to the subdivision map act. The period of time specified
in this section for the validity of a tentative map, including any
extension thereof, granted pursuant to the state Subdivision Map Act,
shall not include the period of time during which a lawsuit involving
the approval or conditional approval of the tentative map is or was
pending in a court of competent jurisdiction, provided that such litigation
tolling does not exceed a period of five years.
For the purposes of compliance with subsection (c) of Government Code Section 66452.6 (a part of the state Subdivision Map Act), this subsection shall be deemed the local agency's express approval of the tolling of the period of time during which a tentative map's approval is subject to litigation. The Community Development Director may adopt administrative procedures for requiring an applicant to advise the City of litigation challenging the validity of a tentative map's approval or conditional approval and for documenting the period of time involved in such litigation.
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(Ord. 3790, 1975; Ord. 4135, 1982; Ord. 4494, 1988; Ord. 5380, 2005; Ord. 5537, 2010; Ord. 5798, 2017)