The planning director is authorized and directed to carry out
the duties assigned by this title, including, but not limited to,
the following:
A. 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 subdivided.
B. Obtain
the recommendations of the city engineer and the director of public
health, or their authorized representatives, with respect to the design
of the proposed subdivision and the kind, nature, and extent of the
proposed improvements, and the city fire marshal, with respect to
fire control measures and improvements, and other city departments,
governmental agencies, or special districts as may be deemed appropriate
or necessary by the planning director in order to carry out the provisions
of this title.
C. Approve,
conditionally approve, or disapprove tentative parcel maps, and report,
as provided in this chapter, the planning director's 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.
The responsibilities of the city council, pursuant to Sections
66473.5, 66474, 66474.1, and 66474.6 of the
Government Code, are assigned
to the planning director with respect to those tentative parcel maps
filed pursuant to this chapter.
Within five working days after a tentative parcel map has been
filed, the planning director shall transmit copies of the map, together
with accompanying information, to such public agencies and public
and private utilities as the planning director 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 planning
director a written report of its findings and recommendations thereon.
The planning director 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 is shown on a plat or map as described in subdivisions 1 and 2 of this subsection an
d which was approved or recorded less than one year prior to the filing for approval of the subject tentative parcel map, except that the division of any lot or parcel into not more than two lots for financing purposes only may be approved within the one-year period.
1. A
parcel map approved pursuant to this title and recorded in the office
of the county recorder; or
2. An approved tentative parcel map wherein the parcel map requirement was waived pursuant to provisions of this title and a certificate of compliance has been filed with the county recorder pursuant to Chapter
16.20 of this title.
B. The land proposed for division is a lot or parcel created illegally, unless the lot or parcel has been approved by the planning director, or, on appeal, by the city council, pursuant to Chapter
16.20, 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
planning director finds that the tentative parcel map does not meet
the requirements of this title.
E. The
planning director 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 planning
director may approve a map if he or she 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.
Whenever the planning director, or, on appeal, the planning
commission or city council finds, with respect to a tentative parcel
map, that the land to be divided is of such size or shape, or is subject
to such title limitations of record, or is affected by such topographical
conditions, or is in such location, or is to be devoted to such usage
that it is impossible or impractical in the particular case for the
subdivider to conform fully to the requirements of this title, the
planning director, or on appeal, the planning commission or city council
may waive or modify such requirements as deemed reasonably necessary;
provided, however, any such waiver or modification shall be in conformity
with the spirit and purpose of this title.