Chapter 19.12
TENTATIVE MAP REVIEW
Sections:
19.12.010 Tentative Map Review Authority.
19.12.020 Prefiling Conference.
19.12.040 Environmental Review (California Government Code Section 66452.1).
19.12.060 Review of Tentative Parcel Maps.
19.12.090 Amendments to Approved Tentative Maps.
19.12.010 Tentative Map Review Authority.
The Planning Commission shall have the authority to approve, conditionally approve, or deny tentative tract maps and tentative parcel maps referred by the Zoning Administrator to the Planning Commission for review. The Zoning Administrator shall have the authority to approve, conditionally approve, or deny tentative parcel maps. Appeals or calls for review from actions of the above reviewing bodies shall be processed in accordance with Sections 19.12.050 and 19.12.060, respectively. The Zoning Administrator shall have the authority to approve, conditionally approve, or deny tentative parcel maps for urban lot splits in accordance with Chapter 19.90 (Parcel Maps for Urban Lot Splits). Tentative parcel maps for urban lot splits may be denied in accordance with Section 19.90.020(F) (Findings for Denial). (Ord. 2022-17 § 1 (Exh. A), 2022; Ord. 2009-30 § 1 (Exh. 1 § 4), 2009: Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.12.020 Prefiling Conference.
Prior to the submission of a tentative map, the subdivider may submit to the Community Development Department maps, plans and other information concerning the proposed subdivision. The Department shall thereupon schedule a conference with the subdivider to provide information and recommendations regarding the subdivision design, grading, required improvements and related matters. Such a prefiling conference is optional to the subdivider and shall not be a prerequisite to filing a tentative map. (Ord. 2013-11 § 183, 2013: Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.12.030 Review of Tentative Maps by Other Agencies (California Government Code Section 66453 et seq.).
Within five days of a tentative map being determined to be complete pursuant to Section 19.08.050, copies of the map shall be sent to all local and State agencies prescribed by California Government Code Section 66453 et seq. for the opportunity to comment on the proposed tentative map. In addition, copies of the tentative map shall be sent for comment to all utilities and similar service entities which the Director deems may be affected by the proposed subdivision. (Ord. 2023-22 § 800, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.12.040 Environmental Review (California Government Code Section 66452.1).
A. Subdivider’s Responsibilities. The subdivider shall submit information as required by the Community Development Director sufficient to permit environmental review of the project in accordance with the CEQA, the Zoning Code and City procedures. The subdivider shall also pay all fees required for the completion of environmental review including, but not limited to, the preparation of an environmental impact report, if required.
B. Exemption for Parcel Maps. Upon submission of a tentative parcel map, the Community Development Director shall determine if the parcel map is categorically exempt from environmental review pursuant to California Environmental Quality Act Guidelines Section 15315.
C. Mitigation Measures. In conjunction with adoption of an environmental impact report or negative declaration, the City may impose mitigation measures as conditions of approval on a tentative tract or parcel map to mitigate a project’s environmental impacts. (Ord. 2023-22 § 801, 2023; Ord. 2013-11 §§ 184, 185, 2013; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.12.050 Review of Tentative Tract Maps (California Government Code Sections 66451.1, 66452.1 et seq., 66474.9).
A. Review by Planning Commission. Tentative tract maps shall be reviewed and approved, conditionally approved or denied by the Planning Commission. Decisions by the Planning Commission shall become final ten (10) days after the action unless appealed within the time limits specified in this section.
B. Staff Report. After review and analysis of a tentative tract map, the Community Development Director shall forward a report, together with a recommendation of approval, approval subject to conditions, or denial to the Planning Commission. Also, at least three days prior to any hearing or action on the tentative tract map, the staff report shall be sent to the subdivider, to each fee owner of the subject property if other than the subdivider, and, in the case of a proposed conversion to a condominium, community apartment or stock cooperative project, to each tenant of the subject property.
C. Public Hearings. Public hearings shall be noticed and held in accordance with California Government Code Sections 65090, 65091, and 66451.3 and City procedures.
D. Time Limits for Action on Map.
1. Time Limits When No EIR Is Required. If the City determines that no environmental impact report (EIR) is required for review of a tentative tract map, within fifty (50) days of the adoption of a negative declaration or other determination that no EIR is required, the Planning Commission shall hold a public hearing to receive testimony and thereafter shall approve, conditionally approve, or deny the tentative tract map within said fifty (50) day period unless a time extension is mutually agreed upon pursuant to this section.
2. Time Limits When EIR Is Required. If an environmental impact report is prepared for the tentative tract map, the preceding fifty (50) day time period shall not commence until the date of certification of the EIR.
E. Extension of Time Limits.
1. Extension by Mutual Consent. The time limits specified in this chapter for reporting and acting on a tentative tract map may be extended by mutual consent of the subdivider and the City.
2. Use of Outside Consultant to Meet Time Limits. At the time the subdivider makes an application pursuant to this title, the Community Development Director shall determine whether or not the City is able to meet the time limits specified in this chapter for reporting and action on maps. If the Director determines that such time limits cannot be met, the Director, upon request of the subdivider and for the purpose of meeting such limits, may contract or employ a private person or entity on a temporary basis to perform such services as necessary to permit the City to meet such time limits, subject to the provisions, requirements and limitations of California Government Code Section 66451.1.
F. Required Findings. In approving or denying a tentative tract map, the Planning Commission shall make all applicable findings set forth in Section 19.12.070.
G. Approval by Inaction. If no action is taken upon a tentative tract map by the Planning Commission within the time limits specified in this section or within any authorized extension thereof per this section, the tentative tract map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of the California Government Code and this Code. It shall be the duty of the City Clerk to affirm said approval. Any tentative tract map deemed approved by Planning Commission inaction may in turn be appealed to the City Council in accordance with the procedures and time limits set forth in subsection (I) of this section.
H. Denial Action to Comply With Time Limits Prohibited. Pursuant to California Government Code Section 66451.4, no tentative tract map shall be denied to comply with the time limits specified in this section unless there are reasons for disapproval other than the failure to timely act in accordance with the time limits specified in this section.
I. Appeals and Calls for Review.
1. Initiation of an Appeal or Call for Review. Any interested person may appeal any action of the Planning Commission regarding a tentative tract map to the City Council. A City Council member may call for review any action of the Planning Commission regarding a tentative tract map. Calls for review may be initiated by a member of the City Council, in the member’s official capacity, if the sole purpose for the call for review is to bring the matter in front of the entire body for review.
2. Time Limits for Filing. Appeals or calls for review shall be filed with the City Clerk within ten (10) days after the action of the Planning Commission upon a form provided by the City Clerk. Upon the filing of an appeal or call for review, the original decision shall be stayed and the matter shall be set for public hearing.
3. Fees. Any appeal filed by an interested person shall be accompanied by a filing fee set by resolution of the City Council pursuant to California Government Code Section 66451.2. A call for review is exempt from the payment of a filing fee under Section 3.36.030.
4. Hearing and Action. A public hearing shall be noticed and held prior to action on a tentative tract map appeal or call for review. The appeal or review hearing shall be noticed in accordance with California Government Code Sections 65090, 65091 and 66451.3 and shall be held within thirty (30) days after filing of the appeal or call for review. Within ten (10) days following the conclusion of the hearing, the City Council shall render its decision on the appeal or call for review.
5. Effect of Inaction. If the City Council does not make a decision on an appeal or call for review within the time limits specified, the tentative tract map, insofar as it complies with the Subdivision Map Act and this title, shall be deemed to be approved or conditionally approved as last approved or conditionally approved, and it shall be the duty of the City Clerk to certify or state that approval.
J. Indemnification of City. Pursuant to California Government Code Section 66474.9, as a condition of approval of a tentative tract map, the decision making body may require that the owner of the fee interest or designee defend, indemnify, and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City, its agents, officers, or employees to attack, set aside, void, or annul the tentative tract map approval and any associated approvals when such claim, action, or proceeding is brought within the time period provided under California Government Code Section 66499.37. The City shall notify the owner of the fee interest or designee of any claim, action or proceeding and the City shall cooperate fully in the defense. (Ord. 2023-22 §§ 802, 803, 2023; Ord. 2015-9 § 40, 2015; Ord. 2013-11 § 186, 2013; Ord. 2009-30 § 1 (Exh. 1 § 5), 2009: Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.12.060 Review of Tentative Parcel Maps.
A. Review by Zoning Administrator.
1. Authority. Tentative parcel maps shall be reviewed and approved, conditionally approved or denied by the Zoning Administrator unless the Zoning Administrator determines that the public interest would be better served by review by the Planning Commission. In such a case, the tentative parcel map shall be reviewed in the same manner as tentative tract maps as set forth in Section 19.12.050. Notwithstanding the foregoing, the Zoning Administrator shall not refer a tentative parcel map for an urban lot split to the Planning Commission.
2. Procedures. Except as provided in subsection (A)(5) of this section, the provisions for tentative tract maps set forth in Sections 19.12.050(B) through (H) and (J) regarding staff reports, public hearings, time limits, required findings, approval by inaction, and indemnification shall apply to tentative parcel maps.
3. Finality of Decision. Decisions by the Zoning Administrator shall become final ten (10) days after the action unless appealed within the time limits specified in subsection (B) of this section.
4. Review of Tentative Parcel Maps for Urban Lot Splits. Tentative parcel maps for urban lot splits shall be reviewed and approved, conditionally approved, or denied by the Zoning Administrator pursuant to the provisions exclusively set forth in Chapter 19.90 (Parcel Maps for Urban Lot Splits).
5. Review of Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the subdivision of airspace within two-unit or multi-unit dwellings for condominium purposes shall be exempt from the provisions set forth in Sections 19.12.050(B) and (C) regarding staff reports and public hearings. Public notice shall be provided in accordance with California Government Code Sections 65090, 65091, and 66451.3 and City procedures, except that the notice shall include a statement that no local public hearing will be held; however, written comments on the proposed subdivision will be considered if submitted by no later than the date set forth in the notice.
B. Appeal or Call for Review of Zoning Administrator Action.
1. Initiation of Appeal or Call for Review. With the exception of a tentative parcel map for an urban lot split, any interested person may appeal any action of the Zoning Administrator regarding a tentative parcel map to the Planning Commission or any action of the Planning Commission regarding a tentative parcel map to the City Council. Only an applicant can appeal an action by the Zoning Administrator or the Planning Commission on a tentative parcel map for an urban lot split. With the exception of a tentative parcel map for an urban lot split, calls for review of any action of the Zoning Administrator regarding a tentative parcel map may be initiated by a member of the Planning Commission to the Planning Commission, in the member’s official capacity, if the sole purpose for the call for review is to bring the matter in front of the entire body for review. With the exception of a tentative parcel map for an urban lot split, calls for review of any action of the Planning Commission regarding a tentative parcel map may be initiated by a member of the City Council to the City Council, in the member’s official capacity, if the sole purpose for the call for review is to bring the matter in front of the entire body for review. In accordance with California Government Code Section 66463.5, an appeal of a denial of a tentative parcel map extension shall be heard by the City Council.
2. Time Limits for Filing. Appeals or calls for review to the Planning Commission shall be filed with the Director within ten (10) days after the action of the Zoning Administrator on a form provided by the Director. Appeals or calls for review to the City Council shall be filed with the City Clerk within ten (10) days after the action of the Planning Commission on a form provided by the City Clerk. An appeal of a denial of a tentative parcel map extension shall be filed with the City Clerk and heard by City Council in accordance with California Government Code Section 66463.5. The time limit for filing appeals on denials of a tentative parcel map extension shall be fifteen (15) days after the action of the Zoning Administrator. Upon the filing of an appeal or call for review, the original decision shall be stayed and the matter shall be set for public hearing.
3. Fees. Any appeal filed by an interested person shall be accompanied by a fee set by resolution of the City Council. A call for review is exempt from the payment of a filing fee under Section 3.36.030, or any successor provision.
C. Further Appeal or Call for Review. Any action by the Planning Commission, when acting as the Appeal Board, or any decision affirmed by the City Clerk due to Planning Commission inaction within the specified time limits in Sections 19.12.050(D) and (E) may in turn be appealed or called for review in accordance with the procedures and time limits set forth in Section 19.12.050. (Ord. 2023-22 § 804, 2023; Ord. 2022-17 § 1 (Exh. A), 2022; Ord. 2015-9 §§ 41, 42, 2015; Ord. 2009-30 § 1 (Exh. 1 § 6), 2009: Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.12.070 Required Findings for Action on Tentative Maps (California Government Code Sections 66412.3, 66473 et seq.).
A. Required Findings for Approval. In approving a tentative tract map or tentative parcel map, the decision making body shall make all of the following findings:
1. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code;
2. That the site is physically suitable for the type and density of development;
3. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems;
5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision;
6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land;
7. That, in the case of a “land project” as defined in California Business and Professions Code Section 11000.5, (1) there is an adopted specific plan for the area to be included within the land project; and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area;
8. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act;
9. That the subdivision is consistent with California Government Code Sections 66412.3 and 65584 regarding the City’s share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City’s residents and available fiscal and environmental resources;
10. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board; and
11. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act.
B. Denial if Findings Not Made. If the decision making body determines that one or more of the findings listed in subsection (A) of this section cannot be made, the tentative tract or parcel map shall be denied. (Ord. 2023-22 §§ 805, 806, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.12.080 Use of Regulations in Effect at Time of Map Filing (California Government Code Section 66474.2).
A. Regulations in Effect at Time Application Determined Complete. Except as otherwise provided in subsections (B) and (C) of this section, the decision making body, in determining to approve or deny a tentative map application, shall apply only those ordinances, policies and standards in effect on the date that the City determined that the application was complete pursuant to Section 19.08.050.
B. New Regulations Initiated Before Application Determined Complete. Subsection (A) of this section shall not apply if the City, prior to determining a tentative map application to be complete, has done both of the following:
1. Initiated proceedings by way of ordinance, resolution or motion to amend this Subdivision Code, the Zoning Code, the General Plan, any applicable specific plan(s) or other applicable City regulations; and
2. Published a public hearing notice in accordance with California Government Code Section 65090 containing a description sufficient to notify the public of the nature of the proposed change(s) to this Code, the General Plan, any applicable specific plan(s) or other City regulations.
If both subsections (B)(1) and (2) of this section have been met, the City may apply any ordinances, policies or standards enacted or instituted as a result of those proceedings which are in effect on the date the City approves or denies the tentative map.
C. Changes to Regulations Requested by the Subdivider. If the subdivision applicant requests changes to applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the applicant’s request shall apply. (Ord. 2023-22 §§ 807, 808, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.12.090 Amendments to Approved Tentative Maps.
A. Minor Amendments. Minor amendments to approved tentative tract or tentative parcel maps or to any condition of approval thereon may be approved by the Community Development Director provided the Director determines that all of the following criteria are met:
1. No lots, units, building sites or structures are added to the project;
2. The changes involve no substantial change in lot configuration, street layout, improvements or conditions of approval;
3. The changes are consistent with the intent of the original tentative map approval; and
4. The resulting tentative map remains in conformity with this Subdivision Code, other applicable provisions of this Code and the Subdivision Map Act.
A minor amendment shall not alter the expiration date of the tentative map unless an extension is also approved in accordance with Chapter 19.16.
B. Major Amendments. If the Community Development Director determines that a proposed amendment to an approved tentative map or to any condition of approval thereon does not meet the criteria for a minor amendment set forth in subsection (A) of this section, the Director shall require the filing of a map amendment application and fee. Such major tentative map amendments shall thereupon be reviewed in the same manner as an original tentative map application. If such a major amendment is approved, the expiration date of the amended tentative map shall be determined from the date of approval of the amendment. (Ord. 2023-22 § 809, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)