Chapter 16.12
TENTATIVE MAPS
Sections:
16.12.010 Tentative and final map required when.
16.12.020 Application filing and contents.
16.12.030 Time for filing--Incomplete filing.
16.12.040 Report by planning department.
16.12.050 Environmental assessment committee review.
16.12.060 Public hearing--Planning commission action.
16.12.070 Disapproval required when.
16.12.100 Extension of approval term.
16.12.110 Final map may be filed.
16.12.010 Tentative and final map required when.
A. A tentative map and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project or stock cooperative project containing five or more parcels except where:
1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications of improvements are required; or
2. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway; or
3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city as to street alignments and widths; or
4. Each parcel created by the division has a gross area of forty acres or more, or each of which is a quarter-quarter section or larger.
B. A parcel map shall be required for those subdivisions complying with subsections (A)(1), (2), (3) and (4) of this section. No tentative map shall be required for maps complying with subsection (A)(4) of this section.
C. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.
D. A tentative map and a final map shall be required when an approved tentative map has expired.
E. For land divisions or other projects involving the conversion of multifamily rental units to owned units (condominium conversion):
1. A conditional use permit shall be secured pursuant to Section 17.52.080.
2. All tenant notification requirements pursuant to Government Code Section 66427.1 have been met. (Ord. 526 §1 (Att. A), 2022; Ord. 250 §5.10, 1981)
16.12.020 Application filing and contents.
A. Every subdivider shall file an application with the city planning department, including a subdivider’s statement, all environmental documents, fourteen copies of the tentative map, and the appropriate fee as established by resolution of the city council.
B. The submitted material shall conform to the requirements of the rules of the planning commission as to form and content. Rules governing form and content shall provide for legibility and adequate scale and such information to ensure adequate consideration of the following factors at all levels of review of the map: purpose of the subdivision, ownership, dimensions, subdivision design, improvements, existing structures, public facilities, access, environmental features, topography and grading. (Ord. 250 §5.11, 1981)
16.12.030 Time for filing--Incomplete filing.
A. The time of filing a tentative map shall be fixed as the date when:
1. All maps and information required by this title have been filed, checked and accepted as complete by the planning commission;
2. The applicant provides a completed environmental evaluation form issued by the city planning commission;
3. The required fees have been paid.
B. If any required data are missing, the planning department shall so notify the subdivider or his agent within five working days, in which case no filing shall be accepted until all necessary data are received. (Ord. 250 §5.12, 1981)
16.12.040 Report by planning department.
The planning department shall prepare a written report to the planning commission on a tentative map.
A. This report shall consider the relationship of the map to the Subdivision Map Act, to this title, the zoning ordinance, other city ordinances, the general plan and any specific area plans.
B. The planning commissions shall mail a copy of this report to the subdivider or his agent or deliver in person at least five days prior to any hearing or ation on the map. Any changes of additions to the report shall be noticed in the same manner, at least five days prior to the next hearing or action on the map.
C. This report shall include all comments and recommendations of the environmental assessment committee, fire and police chiefs, sewer and street department and any other comments the planning department receives and determines as informational and pertinent to the proposed tentative map. (Ord. 250 §5.13, 1981)
16.12.050 Environmental assessment committee review.
The environmental assessment committee appointed by the city council shall review all tentative maps. The environmental assessment committee shall make its comments and recommendations to the planning department in writing ten days prior to any hearing or action on a tentative map. (Ord. 250 §5.14, 1981)
16.12.060 Public hearing--Planning commission action.
A public hearing shall be held by the planning commission on all tentative maps.
A. At the public hearing, the planning commission shall review the submitted tentative map, the report of the environmental assessment committee, the recommendations of any governmental agencies which are available, the comments
and responses of the subdivider and of other interested parties.
B. The planning commission shall, within fifty days after the tentative map has been filed, approve, approve with conditions or disapprove the tentative map. In making its determination the planning commission shall determine whether the design and improvements shown on the map conform to the requirements of the Subdivision Map Act, city ordinances, improvement standards set forth by resolution of the city council, the general plan and any adopted specified plans of the city.
C. Within five working days after the planning commission has acted on the map, the planning commission shall report the action in writing to the subdivider or person filing the tentative map, indicating any conditions of approval and including a copy of the approved tentative map, which decision shall be final unless appealed to the city council pursuant to Section 16.12.080. A copy of the letter and map shall be retained in the files of the planning commission for at least four years, after which the letter and map may be destroyed. (Ord. 250 §5.15, 1981)
16.12.070 Disapproval required when.
The planning commission shall disapprove a tentative map if it determines:
A. That the design or improvements of the application is or are not consistent with applicable general and specific plans;
B. That the site is not physically suitable for the type of development;
C. That the site is not physically suitable for the proposed density of development;
D. That the design of the land division or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
E. That the design of the land division or the type of improvements is likely to cause serious public health problems;
F. That the design of the land division or the type or improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the governing body may approve an application if it 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. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no intent is made or implied to cause the city council to determine that the public at large has acquired easements for access through or use of property within the proposed land division;
G. That the proposed land division violates the provisions of this title and no exception has been granted;
H. That the proposed land division violates the provisions of the zoning ordinance as to area, setback or frontage requirements and no variance has been granted. (Ord. 250 §5.27(B), 1981)
16.12.080 Appeals.
A. Within fifteen days after the action by the planning commission any interested person may appeal to the city council any finding, action or condition imposed by the advisory agency by filing a written notice of appeal with the clerk of the planning commission.
B. The city council may by resolution establish an "appeal fee" to cover the cost of administrative expenses therefor. Appeal fees shall be paid at the time any appeal is filed with the city.
C. The city council may sustain, modify, reject or overrule any rulings of the planning commission and may make such findings as are consistent with city ordinances and the Subdivision Map Act.
1. Upon the filing of an appeal, the city clerk shall set the matter for a hearing to be held within thirty days of the filing of the appeal.
2. Within ten days following the conclusion of the hearing the city council shall render its decision on the appeal. (Ord. 250 §5.16, 1981)
16.12.090 Term of approval.
The approval or conditional approval of a tentative subdivision map shall be valid for twenty-four months unless an extension is requested and approved pursuant to Section 16.12.100. (Ord. 528 (5/16/23) §1 (Att. A), 2023; Ord. 250 §5.17, 1981)
16.12.100 Extension of approval term.
A. The planning commission may extend its approval or conditional approval of an active tentative subdivision map if an extension is requested in writing prior to the map’s expiration date. Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first (Government Code 66452.6(e)).
B. The planning commission may extend the map for:
1. An additional twenty-four months; or
2. In accordance with Government Code Section 66452.6(e); or
3. The life of a development agreement if the tentative subdivision map is on property subject to a development agreement authorized pursuant to Government Code Section 65864. The map may be extended for the period of time provided for in the development agreement, but not beyond the duration of the agreement; or
4. For maps that are part of a phased subdivision with required off-site improvements, the provisions of Government Code Section 66452.6 shall apply.
Exceptions to these extensions (e.g., moratoriums, lawsuits) shall be as set forth in Government Code Section 66452.6.
C. An application for extension of time shall be reviewed by the planning commission, which will determine whether the map presently conforms to the requirements of the city.
D. The planning commission may approve an extension of time, approve with conditions which cause the map to conform to present requirements, or deny the extension. If the planning commission denies a subdivider’s application for an extension, the subdivider may appeal to the city council within fifteen days after the planning commission’s decisions.
E. In the event that an approved tentative map is revised and subsequently approved by the planning commission, the most recently approved tentative map shall constitute the only recognized tentative map for further action in consideration of filing the final map. (Ord. 528 (5/16/23) §1 (Att. A), 2023; Ord. 250 §5.18, 1981)
16.12.110 Final map may be filed.
A final map may be filed with the city in accordance with Chapter 16.20 of this code. (Ord. 250 §5.19, 1981)