Chapter 16.40 GENERAL TENTATIVE MAP PROCEDURES

The Planning Commission shall hold a public hearing on the map, and upon making all findings required in PMC § 16.40.100 (Findings for approval of tentative maps), shall approve or conditionally approve the tentative map, or if such findings are not made, shall deny the tentative map, within the time frames established by Public Resources Code Section 21151.5, and Government Code Section 66452.2.

The time frames noted above may be extended by up to 90 days by mutual consent of the subdivider and the Director. Additional extensions may be permitted as provided by prevailing statutory law or court decisions.

§ 16.40.100 Findings for approval of tentative maps.

In the event that action on a tentative map application is not taken in a timely manner and the application is deemed approved, pursuant to Government Code Section 66452.4, then the standard conditions of approval prepared by the City, which are in effect at the time the application was deemed complete, shall automatically be applied to the tentative map.

(Ord. 1091 § 5, 1996; Ord. 1614 § 4 (Exh. I), 2023)

Any tentative map shall be approved if all of the following findings are made:

The proposed subdivision, together with the provisions for its design and improvement, shall be consistent and compatible with the maps, goals, objectives and policies of the General Plan, Zoning Ordinance and any applicable specific plan;

The tentative map does not propose to divide land which is subject to contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a land conservation act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use;

The site is physically suitable for the type and proposed density of development proposed by the tentative map;

(D)

The design of the subdivision and the proposed improvements, with conditions of approval, are either:

Not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, or

§ 16.40.110 Modifications of approved or conditionally approved tentative maps.

The design of the subdivision and the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, but an environmental impact report has been prepared and a statement of overriding considerations has been adopted, pursuant to Public Resources Code Section 21081(c), finding that specific economic, social or other considerations make it not feasible to adopt the mitigation measures or project alternatives identified in the environmental impact report;

(E)

The design of the subdivision and the type of improvements are not likely to cause serious public health and safety problems;

(F)

The tentative map design provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible;

(G)

The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of the private property within the proposed subdivision, or the design of the subdivision and the type of improvements will conflict with the easements acquired by the public at large for access through or use of property within the proposed subdivision but alternate easements which are substantially equivalent to those previously acquired by the public will be provided; and

(H)

The proposed subdivision, including any proposed phasing, represents orderly development of the project site and surrounding area.

(Ord. 1091 § 5, 1996; Ord. 1521 § 4 (Exh. 1), 2019)

Tentative maps and/or their conditions of approval may be amended upon application by the subdivider or, with consent of the subdivider, by action initiated by the Director or City Engineer, pursuant to this Section.

Minor modifications may be processed administratively without notice or public hearing; provided, that the proposed changes are consistent with the intent of the original map approval, and there are no resulting violations of this Title or the PMC. The following modifications are considered minor:

Modifications to less than 10 percent of the total number of lots in the subdivision; provided, that there is no increase or decrease in the total number of lots within the subdivision;

Modifications to the horizontal alignment of less than two feet, or vertical alignment of less than one foot, of any cul-de-sac, local or collector roadway when such modification does not affect off-site property; or

Any other changes, which in the opinion of the Director and/or City Engineer do not involve substantial changes to the map or the conditions of approval.

§ 16.40.120 Expiration of tentative maps and timely filing of final or parcel maps.

Any other amendment or modification of an approved or conditionally approved map shall be processed as a major modification, following procedures set forth in this Chapter for tentative map approval, except that such modification approval shall not alter the original expiration date of the tentative map.

(Ord. 1091 § 5, 1996; Ord. 1614 § 4 (Exh. I), 2023)

(A1)

Effective January 1, 2023, through December 31, 2024. The initial approval or conditional approval of a tentative map shall expire 36 months from its adoption by the Planning Commission or, if appealed, from the City Council's action. If, however, all of the following are true for a particular tentative map, then the initial or conditional approval of the tentative map shall instead expire 48 months from its adoption by the Planning Commission, or, if appealed, from the City Council's action: (1) the term of the tentative map has already been extended for the maximum number of years authorized by PMC § 16.40.140 (Discretionary extensions of tentative maps); (2) the applicant has not previously, and cannot in the future, use the extension authorized by Subsection (C) of this Section. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final or parcel map of all or any portion of the real property included within the tentative map shall be filed without processing a new tentative map pursuant to the provisions of this Title. Once a complete and timely filing of a final map, as described in PMC § 16.70.050 (Complete and timely final map filing with the City Engineer), has been made by the subdivider to the City Engineer, the final processing, approving and recording may lawfully occur after the date of expiration of the tentative map; however, should the City Engineer determine that a complete and timely filing has not been received, the tentative map shall expire on its expiration date, unless a complete and timely filing is received prior to that date.[1]

[1]

It is intended that applicants which use this provision have their maps extended for the full 24 months, notwithstanding the removal of the provision from this code on January 1, 2023, pursuant to Ordinance No. U-1582. For example, if a map would have expired on December 31, 2022, but for this [Ord. 1610], and such map qualifies for the one-year extension authorized by this [Ord. 1610], then such map shall be extended through December 31, 2024. If, however, a map is set to expire on January 1, 2023, then because Section 1 [of Ord. 1610] would not apply, such map would not qualify for any one-year extension, and shall continue to expire on January 1, 2023.

(A2)

Effective January 1, 2024. The initial approval or conditional approval of a tentative map shall expire 36 months from its adoption by the Planning Commission or, if appealed, from the City Council's action. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final or parcel map of all or any portion of the real property included within the tentative map shall be filed without processing a new tentative map pursuant to the provisions of this Title. Once a complete and timely filing of a final map, as described in PMC § 16.70.050 (Complete and timely final map filing with the City Engineer), has been made by the subdivider to the City Engineer, the final processing, approving and recording may lawfully occur after the date of expiration of the tentative map; however, should the City Engineer determine that a complete and timely filing has not been received, the tentative map shall expire on its expiration date, unless a complete and timely filing is received prior to that date.

A final map shall be deemed in substantial conformance with the approved tentative map if the Director finds, in consultation with the City Engineer, that all of the following criteria are satisfied:

The final map is in compliance with all conditions of approval applied to the tentative map;

Less than 10 percent of the total number of lots in the subdivision have been modified in their configuration, and no increase or decrease in the number of lots has occurred, and a minor modification, pursuant to PMC § 16.40.110 (Modifications of approved or conditionally approved tentative maps) has been previously approved;

No cul-de-sac, local or collector roadway has been modified by more than two feet in horizontal alignment or more than one foot in vertical alignment and a minor modification, pursuant to PMC § 16.40.110 (Modifications of approved or conditionally approved tentative maps) has been previously approved;

(4)

The design or location of any required infrastructure improvement, including flood control structures, open space landscape areas, utility easements, major and secondary arterial roadways and primary or secondary access roads have not been modified in such a way as to reduce their effectiveness, cause increased maintenance expense or jeopardize public health and safety, as determined by the City Engineer;

(5)

The final map accurately portrays approved phasing plans;

(6)

The grading concepts approved for the tentative map have not been modified in such a way as to increase the area or volume of off-site grading, substantially increase on-site slope heights, or increase the grade differential between on- and off-site pad elevations by more than 10 percent;

(7)

The final map is reflective of the requirements, standards, design and intent of the approved tentative map, as determined by the Director and the City Engineer.

If the filing of multiple final maps is authorized under the tentative map approval, pursuant to PMC § 16.40.130 (Phasing), and the Director and the City Engineer determine that a condition of approval of the tentative map is an expenditure in the amount specified under Government Code Section 66452.6(a), including specified adjustments for inflation, for public improvements of public rights-of-way which are outside and/or abut the boundary of the property to be subdivided and reasonably relate to the development of that property, then the tentative map will be extended for 36 months upon the timely filing of the first phase of the final map within the original approval period of the tentative map.

Except as provided in Subsection (C)(2) of this Section, the timely filing of subsequent final maps authorized under the tentative map approval pursuant to this Subsection shall extend the life of the tentative map for a period of 36 months from the date of the previously filed final map; provided, that such extensions shall not extend the tentative map more than 10 years. However, a tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement.

If two or more final maps from the same tentative map are filed within any period of 12 consecutive months, the applicant shall only be entitled to one automatic extension, pursuant to Government Code Section 66452.6(a) and this Subsection (C). Notwithstanding anything else in this Subsection (C) to the contrary, the term of any tentative map extended under this Subsection (C) shall not be extended except to the extent required by State law. See Government Code Section 66452.6(a).

A request by a subdivider for the granting of an automatic time extension shall be processed as an administrative review of the tentative map to reflect conditions of approval, and shall be subject to any fees required by City Council resolution.

(Ord. 1091 § 5, 1996; Ord. 1120 § 13, 1998; Ord. 1564 § 2, 2021; Ord. U-1582 §§ 1 – 3, 2022; Ord. 1610 §§ 2, 3, 2023; Ord. 1614 § 4 (Exh. I), 2023)

§ 16.40.130 Phasing.

If the subdivider plans to file multiple or phased final maps on the tentative map, the subdivider shall so indicate, at the time the tentative map application is submitted, by submittal of a proposed phasing plan, and a description of the phasing of infrastructure and improvements. The proposed phasing shall be reviewed by the Development Advisory Board and Review Authority and shall be made a part of the approval of the tentative map. If, after approval of an unphased tentative map, the subdivider requests to submit multiple final maps or requests to modify previously approved phase boundaries or order of development, the following procedure shall apply.

The subdivider shall submit a proposed phasing plan, and a description of the phasing of infrastructure and improvements.

The request will constitute a major modification of the approved tentative map and will be considered by the Planning Commission through a public hearing process. The Planning Commission may add any new conditions relating to the proposed phasing or any improvements deemed necessary to implement orderly development of the phasing. The findings for approval or denial of a major modification to show phasing on a previously approved tentative map will be those contained in PMC § 16.40.100 (Findings for approval of tentative maps) and described below:

(a)

The proposed phasing represents a logical and orderly development;

(b)

The conditions surrounding the development of the tentative map have not changed in such a way as to preclude development of all necessary improvements or infrastructure on any phase of the tentative map; and

(c)

The proposed phasing and the associated infrastructure improvements are not likely to cause serious public health and safety problems.

§ 16.40.140 Discretionary extensions of tentative maps.

If approved as described above, multiple final maps relating to an approved or conditionally approved tentative map may be filed before the expiration of the tentative map. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, phase or unit of the approved or conditionally approved tentative map shall have the tentative map number followed by a dash and the phase number.

(Ord. 1091 § 5, 1996; Ord. 1614 § 4 (Exh. I), 2023)

The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by filing an application for discretionary time extension with the Planning Division prior to the expiration of the tentative map. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the Planning Commission for a period or periods not exceeding a total of six years. Upon the filing of the extension request, the map shall automatically be extended for 60 days or until the application is acted upon, whichever occurs first. The application for an extension of time shall be the same as the application for a tentative map as specified in PMC § 16.40.020 (Tentative map form and content), and the subdivider shall pay all applicable fees. Environmental review shall be conducted pursuant to the provisions of the Public Resources Code Section 21000, et seq., and California Code of Regulations Section 15000, et seq. Notice and an opportunity to be heard on tentative map extensions shall be provided in the manner specified in PMC § 16.40.070 (Public hearing notice), and shall be reviewed and approved or disapproved pursuant to the provisions of PMC § 16.40.100 (Findings for approval of tentative maps). The Commission may deny an extension if it makes a finding, supported by evidence in the record, with respect to nonvested maps, that the extension will adversely affect the public health, safety or welfare, or if any of the findings contained in PMC § 16.40.100 (Findings for approval of tentative maps) can no longer be made with respect to the proposed subdivision or, with respect to vesting maps, the Commission may deny an extension if it makes a finding, supported by evidence in the record, that any of the findings contained in PMC § 16.100.060 (Expiration) are applicable.

Extensions granted under this Section shall not include any period of time during which a development moratorium is in effect.

§ 16.40.150 Effect of consecutive subdivision maps.

The Planning Commission's action, made pursuant to this Section, to approve or disapprove an extension to the expiration date of a tentative map may be appealed to the City Council pursuant to the procedures set forth in PMC § 17.20.110 (Appeal procedures). Notwithstanding any other time periods to the contrary that are set forth in PMC § 17.20.110 (Appeal procedures), the Planning Commission's decision may be appealed to the City Council by the subdivider by filing a written appeal within 15 days of the Planning Commission's decision or by another person adversely affected by the Planning Commission's decision by filing a written appeal within 10 days of the Planning Commission's decision. The expiration of a tentative map will not be extended by the filing of an appeal, and no final map will be accepted by the City Engineer for any tentative map which has expired while under appeal, unless and until a time extension is granted by the Review Authority.

(Ord. 1091 § 5, 1996; Ord. 1120 § 14, 1998; Ord. 1564 § 2, 2021; Ord. 1614 § 4 (Exh. I), 2023)

Pursuant to Government Code Section 66424.1, a subdivider may file more than one tentative map to subdivide a unit of land, prior to the time that the first subdivision is reflected in the County Assessor's rolls. However, no consecutive tentative map(s) shall rely on, or reference, any previously approved tentative map for which a final map has not yet been recorded, for the following purposes:

For legally describing the area to be subdivided;

For determining required legal and physical access;

For identifying existing or planned improvements; or

(4)

For establishing conditions of approval for the consecutive tentative map.

When a consecutive final map is filed on land which has been previously subdivided, the effect of the recordation of that map will be a legal merger of the separate parcels and the resubdivision of such merged parcel.

§ 16.40.160 Effect of annexation on tentative and final maps.

When a consecutive parcel map is filed on land which has been previously subdivided or on which a tentative map has been approved, the underlying parcels will not be merged, unless said consecutive parcel map is filed pursuant to Chapter 16.120 PMC, and once recorded, the consecutive parcel map shall have the effect of creating parcels which may contain subdivided or tentatively subdivided parcels for the purpose of sale, lease or financing.

(D)

Nothing in this section shall limit the City from applying reasonable conditions of approval to consecutive maps.

(Ord. 1091 § 5, 1996)

When any area in a subdivision as to which a final map has been finally approved is annexed to the City, then, pursuant to Government Code Section 66413, the final map shall continue to govern the subdivision.