Chapter 16.16
TENTATIVE AND PARCEL MAPS
Sections:
16.16.010 When tentative and parcel maps may be required or waived.
16.16.020 Waiver of requirement.
16.16.030 Waiver—Application—Fee.
16.16.040 Waiver—Action by commission.
16.16.050 Waiver—Approval for and issuance and recording of certificate of compliance.
16.16.060 Waiver—Government agencies.
16.16.070 Waiver—Findings required.
16.16.080 Tentative map—Filing.
16.16.130 Appeal procedures and time limitations with regard to appeals.
16.16.140 Expiration of approved applications for major divisions or minor divisions.
16.16.160 Review of tentative map by intergovernmental agencies.
16.16.170 Procedure for dedication.
16.16.180 Expiration of approved applications for minor divisions.
16.16.200 Subdivisions in the coastal zone.
16.16.010 When tentative and parcel maps may be required or waived.
Tentative maps shall be required where this title requires parcel maps. Parcel maps shall be required for subdivisions unless the preparation of a parcel map is waived pursuant to the provisions set forth in Sections 16.16.020 through 16.16.070. (Ord. 1014 § 1 (part), 2017: Ord. 483 § 28 (part), 1980)
16.16.020 Waiver of requirement.
The requirement under the Subdivision Map Act of a parcel map shall be waived in accordance with the procedures set forth in this section through 16.16.070. A tentative map may be required in cases where a parcel map is waived. (Ord. 1014 § 1 (part), 2017: Ord. 483 § 28(A), 1980)
16.16.030 Waiver—Application—Fee.
An application for waiver of the requirement of a parcel map shall be filed with the city upon such forms and accompanied by a plot plan and such information as may be prescribed by the city. The filing of such application shall be accompanied with payment of a filing fee in such amount as may hereafter be set by resolution of the city council. (Ord. 1014 § 1 (part), 2017: Ord. 483 § 28(B), 1980)
16.16.040 Waiver—Action by commission.
A. The planning commission or the city council, on appeal, shall by written document or resolution approve the application for waiver if it finds that the proposed division of land complies with such requirements of the Subdivision Map Act and city ordinances as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act or local ordinance enacted pursuant thereto, so long as the monumentation for the resulting parcels is adequate.
B. Any requirements for the construction of reasonable off-site and on-site improvements for a parcel being created by the proposed division of land shall be set forth in the instrument approving the application for waiver. The construction of such improvements shall be required prior to the subsequent issuance of a permit or other grant of approval by the city for the development of such parcel, but fulfillment of such construction requirement shall not be required until such time as a permit or other grant of approval is issued by the city. (Ord. 1014 § 1 (part), 2017: Ord. 483 § 28(C), 1980)
16.16.050 Waiver—Approval for and issuance and recording of certificate of compliance.
Approval of an application for waiver of the requirement of a parcel map shall automatically constitute approval for the issuance of a certificate of compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act and Section 16.64.030 of this code. When approval has been given to an application for waiver of the requirement of a parcel map, then concurrently therewith or at any time thereafter, at the request of the owner of the property, the city shall, without further application or proceedings, issue a certificate of compliance consistent with such waiver and shall cause said certificate of compliance to be filed for record with the recorder of Santa Cruz County, in the manner set forth in Section 16.64.030 of this code. (Ord. 1014 § 1 (part), 2017: Ord. 483 § 28(D), 1980)
16.16.060 Waiver—Government agencies.
In situations where the property is either conveyed or leased either by or to the state, the county, the city, or any local agency, the community development director may waive the parcel map requirements with or without application from one of the involved parties. (Ord. 1014 § 1 (part), 2017: Ord. 483 § 28(E), 1980)
16.16.070 Waiver—Findings required.
No waiver shall be granted unless a finding of the variety required by Government Code Section 66428 is made. (Ord. 1014 § 1 (part), 2017: Ord. 483 § 28(F), 1980)
16.16.080 Tentative map—Filing.
Tentative maps shall be filed with the community development director as a necessary part of any application for either a major division or a minor division. They shall be in such detail as the community development director determines is necessary to provide accurate and adequate information, such that there can be informed planning commission action upon the application. (Ord. 1014 § 1 (part), 2017: Ord. 493 (part), 1980; Ord. 483 § 52, 1980)
16.16.090 Time limitation on planning commission deliberations—Approval, disapproval or recommendations on major and minor divisions.
The planning commission shall render its decision for minor divisions and offer recommendations for major divisions within the times specified in Government Code Section 66452.1.
A. Regarding applications for major divisions, the planning commission may recommend to the city council that the city council approve the application subject to any conditions which the planning commission recommends as appropriate. If the planning commission disapproves an application for major division, that decision is final unless appealed to the city council by the applicant in accord with the procedures specified in Chapter 2.52 of this code.
B. Regarding applications for minor divisions, the planning commission is authorized to conditionally approve or disapprove such application and all such decisions, unless appealed pursuant to Chapter 2.52 of this code, shall be final. (Ord. 1014 § 1 (part), 2017: Ord. 493 (part), 1980; Ord. 483 § 52.1, 1980)
16.16.100 City council proceedings upon applications for major division which have been recommended for approval by planning commission.
Government Code Section 66452.2 incorporated by reference. (Ord. 1014 § 1 (part), 2017: Ord. 493 (part), 1980; Ord. 483 § 52.2, 1980)
16.16.110 Staff and planning commission reports and recommendations on applications for major and minor divisions.
Government Code Section 66452.3 incorporated by reference. (Ord. 1014 § 1 (part), 2017: Ord. 493 (part), 1980; Ord. 483 § 52.3, 1980)
16.16.120 Approval of applications for major or minor divisions as a result of planning commission or city council failure to act.
Government Code Section 66452.4 incorporated by reference. (Ord. 1014 § 1 (part), 2017: Ord. 493 (part), 1980; Ord. 483 § 52.4, 1980)
16.16.130 Appeal procedures and time limitations with regard to appeals.
Planning commission decisions may be appealed to the city council in accordance with Chapter 2.52 of this code. (Ord. 1014 § 1 (part), 2017: Ord. 483 § 52.5, 1980)
16.16.140 Expiration of approved applications for major divisions or minor divisions.
Approved or conditionally approved applications for major divisions and minor divisions shall be subject to the provisions of Government Code Sections 66452.6 and 66463.5. Approvals shall expire within twenty-four months unless formally extended by the body which granted the approval. All stay proceedings provided for by Government Code Section 66452.6(c) shall be heard by the city council in accordance with its normal public hearing procedures. (Ord. 1014 § 1 (part), 2017: Ord. 493 (part), 1980; Ord. 483 § 52.6, 1980)
16.16.150 Extension of tentative map approval time to allow consideration by office of intergovernmental management.
Government Code Section 66452.7 incorporated by reference. (Ord. 1014 § 1 (part), 2017: Ord. 483 § 52.7, 1980)
16.16.160 Review of tentative map by intergovernmental agencies.
Government Code Sections 66453 through 66455.7 incorporated by reference. (Ord. 1014 § 1 (part), 2017: Ord. 483 § 53, 1980)
16.16.170 Procedure for dedication.
Any parcel map which contemplates that any public or off-site improvements will be made after the recordation of the parcel map must be approved by the city council. Tentative maps for minor division which do not involve either dedications or deferred public or off-site improvements may be approved as parcel maps by the planning commission. (Ord. 1014 § 1 (part), 2017: Ord. 493 (part), 1980; Ord. 483 § 63, 1980)
16.16.180 Expiration of approved applications for minor divisions.
See Section 16.16.140. (Ord. 1014 § 1 (part), 2017: Ord. 493 (part), 1980; Ord. 483 § 63.5, 1930)
16.16.190 Tree removal.
Applications for tentative map may request that trees for which removal is contemplated may be so designated upon the approved tentative and final maps. The city may condition any such approvals with measures necessary to ensure that if the trees are, in fact, removed, the project will also be finished. Upon such approval and appropriate designation appearing upon the tentative or final map, any such designated trees may be removed without the owner of the property having to comply with any other tree removal ordinances of the city, provided such removal takes place within three years of the approval of the tentative map. (Ord. 1014 § 1 (part), 2017: Ord. 483 § 100, 1980)
16.16.200 Subdivisions in the coastal zone.
Subdivision applications which involve property located in the coastal zone shall require a coastal development permit pursuant to Chapter 17.44 of this code, Coastal Overlay Zone (as may be amended). Within the coastal zone, a subdivision shall not be approved or conditionally approved unless the existing parcels are legal and the new parcels resulting from the subdivision will conform to the local coastal program, including minimum parcel size and density. (Ord. 1014 § 1 (part), 2017)