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 16.24.150. 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 forty thousand 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.
(Prior code § 16.24.010; Ord. 2860 § 1, 1975)
Any person proposing to create a minor subdivision pursuant to this title shall file with the city engineer 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 16.34 of this title. The city engineer 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 by the city engineer or, on appeal, by the city council.
(Prior code § 16.24.020; Ord. 2860 § 1, 1975)
The subdivider applying for a minor subdivision or adjustment plat shall file an application with the city engineer together with copies of a tentative parcel map or an adjustment plat as required by the city engineer prepared in accordance with the requirements of this chapter and Chapter 16.34 of this title.
(Prior code § 16.24.030; Ord. 2860 § 1, 1975)
Such information as may be prescribed by the rules and regulations approved by the city council pursuant to Section 16.04.060 of this title and such additional information as the city engineer may find necessary with respect to any particular case to implement the provisions of this title shall accompany the tentative parcel map or adjustment plat at the time of submission.
(Prior code § 16.24.040; Ord. 2860 § 1, 1975)
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.
(Prior code § 16.24.050; Ord. 2860 § 1, 1975)
There shall be filed with each tentative parcel map a current preliminary title report of the property being subdivided or altered.
(Prior code § 16.24.060; Ord. 2860 § 1, 1975)
A replacement tentative parcel map shall be submitted when the city engineer 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.
(Prior code § 16.24.070; Ord. 2860 § 1, 1975)
Where a subdivider desires to revise an approved tentative parcel map, he may file with the city engineer, prior to the expiration of the approved tentative parcel map, a revised tentative parcel map on payment of the fees specified in Section 16.08.060.
(Prior code § 16.24.080; Ord. 2860 § 1, 1975)
The city engineer is authorized and directed to carry out the duties assigned to him by this title including, but not limited to, the following:
A. 
Obtain the recommendations of other city departments, governmental agencies or special districts as may be deemed appropriate or necessary by the city engineer in order to carry out the provisions of this title;
B. 
Investigate each tentative parcel map filed pursuant to this chapter and indicate by written report the kind, nature and extent of improvements required to be installed on or to serve the land to be divided;
C. 
Approve, conditionally approve or disapprove tentative parcel maps, and report, as provided in this chapter, his approval, conditional approval or disapproval directly to the subdivider;
D. 
Waive the requirement for filing and recordation of a parcel map for certain subdivisions as provided for in this title.
(Prior code § 16.24.090; Ord. 2860 § 1, 1975)
Within five working days after a tentative parcel map has been filed, the city engineer shall transmit copies of said map together with accompanying information to such public agencies and public and private utilities as the city engineer determines may be concerned. Each of the public agencies and utilities may, within ten working days after the map has been sent to such agency, forward to the city engineer a written report of its findings and recommendations thereon.
(Prior code § 16.24.110; Ord. 2860 § 1, 1975)
A. 
The city engineer and the director of community development may jointly refer a tentative parcel map to the planning commission for consideration. The following examples are not all-inclusive.
1. 
Tentative parcel maps filed in conjunction with planned residential developments or planned unit developments;
2. 
Tentative parcel maps filed to subdivide properties where there have been or are expected to be developmental problems such as soil stability, topography and restricted access or street frontage;
3. 
Tentative parcel maps filed to subdivide properties in areas which have not been previously subdivided or where public controversy regarding the proposed subdivision is anticipated.
B. 
The actions of the planning commission with respect to the referral of a tentative parcel map shall be the same as those specified for the city engineer in Section 16.24.110.
C. 
The planning commission shall hold a public hearing on the tentative parcel map as specified in Section 16.12.080(A) of this title.
D. 
Pursuant to this chapter and the Subdivision Map Act, the planning commission shall investigate:
1. 
Each tentative map filed with the planning commission;
2. 
All improvements proposed to be constructed and installed in (or to serve) the subdivision.
At the conclusion of the hearing on the map, the planning commission shall make a report in the form of a resolution to the city council with respect to the design of the subdivision and the kind, nature and extent of the proposed improvements. The report of the planning commission shall include the findings and recommendations on the findings required by the Subdivision Map Act and shall be forwarded to the city council within fifty days of the date the tentative parcel map application was accepted as complete. The report shall be simultaneously filed with the city clerk for the purposes of Section 16.24.115 when recommending approval or approval with conditions of each tentative parcel map.
Denial of a tentative parcel map shall be set forth in a planning commission resolution. Such denial is final unless appealed to the city council pursuant to Section 16.12.085 of this title. Within ten days of the adoption of the resolution denying the tentative parcel map, the applicant shall be notified of the decision. Notice shall include a copy of the resolution and a letter setting forth the appeals procedure as set out in Section 16.12.085B. A copy of the notice and resolution shall be placed on the city council's agenda for information.
(Ord. 4329 § 3, 1992)
In the event that the city council takes action on a tentative parcel map for a minor subdivision, the city council shall hold a public hearing and give notice thereof, in the same manner as provided by Section 16.12.090B for tentative subdivision maps.
(Ord. 3750 § 1, 1984)
A. 
Within fifty calendar days after a tentative parcel map is filed, the city engineer shall approve, conditionally approve or disapprove such map. The time limit specified in this paragraph may be extended by mutual consent of the applicant and the city engineer. If the tentative parcel map is disapproved, the reasons therefor shall be stated in the notice of disapproval.
B. 
The city engineer shall notify the subdivider of his preliminary decision to conditionally approve or disapprove a tentative parcel map, along with the conditions of conditional approval or the reasons for disapproval, within forty days after said tentative parcel map is filed. If the applicant is dissatisfied with such preliminary decision or with any condition pertaining thereto, he may request in writing that such preliminary decision be reviewed. Such request must be received by the city engineer within ten calendar days after the date of the preliminary decision.
Upon receipt within the time prescribed of said written request for review of a preliminary decision, the city engineer shall arrange a time and place for such review and shall notify the applicant and appropriate city departments and agencies thereof. In the event that a review cannot be arranged or completed prior to fifty days after the tentative parcel map is filed, the request for review shall be deemed to constitute consent of the applicant to extend for a reasonable period not to exceed ten working days the time limit in which the city engineer must approve, conditionally approve or disapprove the tentative parcel map. After completion of the review, the city engineer shall render his final approval, conditional approval or disapproval of the tentative parcel map as provided in this section.
In the event no written request for review is received within the time prescribed, the preliminary decision shall become final and the subdivider shall be so notified as provided in this section.
C. 
The subdivider shall be informed of the preliminary decision and of the final decision of the city engineer by written notice. Notice shall be deemed to have been given upon deposit of the notice in the United States mail with postage thereon prepaid.
(Prior code § 16.24.120; Ord. 2860 § 1, 1975)
The city engineer shall not approve a tentative parcel map under any of the following circumstances:
A. 
The land proposed for division is a lot or parcel which was part of a prior parcel map which both:
1. 
Was approved or recorded less than two years prior to the filing for approval of the subject tentative parcel map; and
2. 
Resulted in the creation of more lots than had previously existed;
where the total number of lots created by all maps exceeds four.
B. 
The land proposed for division is a lot or parcel created illegally, unless said lot or parcel has been approved by the city engineer or, on appeal, by the city council and a certificate of compliance relative thereto has been filed with the county recorder.
C. 
The subdivision proposes creation of five or more lots.
D. 
The city engineer finds that the tentative parcel map does not meet the requirements of this title.
E. 
The land proposed for division is a lot or parcel that was 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 16.44 of this title.
F. 
The city engineer or the director of building and planning, makes any of the following findings:
1. 
That the proposed map is not consistent with applicable general and specific plans;
2. 
That the design or improvement of the proposed subdivision is not consistent with the applicable general and specific plans;
3. 
That the site is not physically suitable for the type of development;
4. 
That the site is not physically suitable for the proposed density of development;
5. 
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;
6. 
That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
7. 
That the design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the city engineer may approve a map if he 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.
(Prior code § 16.24.130; Ord. 2860 § 1, 1975; Ord. 3125 § 1, 1977)
A. 
The subdivider may appeal any action of the city engineer with respect to a tentative parcel map or adjustment plat to the city council as provided in Section 66452.5 of the Subdivision Map Act.
B. 
Any interested person may appeal to the city council from any decision made relative to a tentative parcel map or adjustment plat. Any such appellant shall be entitled to the same notice and rights regarding testimony as apply to the subdivider under Section 66452.5 of the Subdivision Map Act.
C. 
The city council shall hold a public hearing on the appeal, and notice thereof shall be given as provided in Section 66451.3 of the Subdivision Map Act and as provided in subsection B of Section 17.74.070 of this code. Any interested person may appear at such hearing and shall be heard.
D. 
The city council shall hold the hearing and act on the map within the time limits prescribed by the Subdivision Map Act.
(Prior code § 16.24.140; Ord. 2860 § 1, 1975; Ord. 3125 § 1, 1977)
A. 
Other provisions of this title to the contrary notwithstanding, provided a finding is made by the city engineer or, on appeal, by the 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 provided further that the subdivider complies with the public facilities element of the general plan and any provisions which would otherwise apply to the proposed subdivision, the requirement that a parcel map be prepared, filed and recorded may be waived for the following types of minor subdivisions:
1. 
A minor subdivision wherein each resulting lot or parcel contains a gross area of forty acres or more, or each is a quarter-quarter section or larger;
2. 
A minor subdivision only for the purpose of leasing the lots resulting from such division;
3. 
A minor subdivision wherein each resulting lot or parcel was previously a legally created separate lot under separate ownership but which subsequently came into the same ownership as adjoining parcels such that the total quantity of real property under the same ownership is shown on the latest equalized county assessment roll as a unit or contiguous units.
B. 
An applicant for a subdivision pursuant to subsections A(1) and A(2) of this section may be required to file a tentative parcel map pursuant to this chapter together with a written request that the parcel map requirement be waived. An applicant for a subdivision pursuant to subsection A(3) of this section shall pay the fee prescribed by Section 16.08.060 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 city council, to make the finding required by this section. The processing of any application pursuant to subsection A(3) of this section shall be subject to the same time requirements and appeal procedures as are provided in this title for tentative parcel maps. In any case, where waiver of the parcel map is granted by the city engineer, or, on appeal, by the city council, the city engineer shall cause to be filed for record with the county recorder a certificate of compliance pursuant to Chapter 16.48 of this title.
(Prior code § 16.24.150; Ord. 2860 § 1, 1975; Ord. 3125 § 1, 1977)
The approval or conditional approval of a tentative parcel map shall expire two years from the date the map was approved or conditionally approved unless it is extended in accord with Section 16.24.180.
(Prior code § 16.24.160; Ord. 2860 § 1, 1975; Ord. 3376 § 1, 1979; Ord. 3672 § 2, 1983)
Within two years after the approval or conditional approval of the tentative parcel map, or within the period of any extension thereof, the subdivider may file with the city engineer a parcel map in substantial conformance with the tentative parcel map as approved or conditionally approved and in conformance with the Subdivision Map Act and this title.
(Prior code § 16.24.170; Ord. 2860 § 1, 1975; Ord. 3672 § 3, 1983)
A. 
The subdivider may request an extension of the tentative parcel map approval or conditional approval by written application to the city engineer. Such application shall be filed before the approval or conditional approval is due to expire.
B. 
The city engineer may approve, conditionally approve, or deny the requested extension, for a period not exceeding one year from the original expiration date.
C. 
An additional one-year extension, not exceeding three years from the original expiration date, may be approved, conditionally approved, or denied by the city council upon written application by the subdivider prior to the first extension expiration date.
D. 
An additional one-year extension, not exceeding four years from the original expiration date, may be approved, conditionally approved, or denied by the city council upon written application by the subdivider prior to the third extension expiration date. However, this fourth extension may only be granted after a public hearing is held before the city council. Furthermore, the public hearing required by this subsection shall be held at the sole expense of the subdivider.
E. 
Any decision by the city engineer in regard to an extension may be appealed to the city council pursuant to Section 16.24.140.
(Ord. 4931 § 3, 3009; Ord. 4398, 1993)
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 16.18 of this code.
(Ord. 3953 § 7, 1986)