Chapter 16.10
TENTATIVE MAP PROCESSING Amended Ord. 865
Sections:
16.10.010 Review of tentative maps.
16.10.020 Notice of public hearing.
16.10.030 City Council action.
16.10.040 Tentative map approval or conditional approval.
16.10.050 Tentative map denial.
16.10.060 Rehearing. Amended Ord. 865
16.10.070 Length of tentative map approval.
16.10.080 Tentative map extension.
16.10.090 Effect of moratoriums or lawsuits.
16.10.100 Amendments to approved tentative map.
16.10.010 Review of tentative maps.
A. Upon acceptance of a tentative map for filing, the Development Services Department shall forward copies of the map to affected or interested public agencies, bodies or groups, and to other City departments for review and comment, which may, in turn, forward their findings, comments and recommendations to the Development Services Department.
B. Within 10 days of the filing of a tentative map, the Development Services Department shall send a notice of filing of the tentative map to the governing board of any affected school district.
C. Such notice shall also contain information about the location of the proposed subdivision, the number of units or lots, density, and other information which would be relevant to the school district.
D. Such governing board may review the notice and may send a written report thereon to the Director of Development Services or the City Council.
E. The report shall indicate the impact of the proposed subdivision on the school district and shall make such recommendations as the governing board of the district deems appropriate.
F. In the event the district fails to respond within a 20-day period from receipt of notice of the tentative map, such failure shall be considered acceptance of the proposed subdivision by the school district.
G. All comments and recommendations received from such agencies, groups, bodies and the school district shall be compiled into a written report by the Director of Development Services, which together with his own comments and recommendations, shall thereafter be forwarded to the City Clerk for consideration by the City Council. (Ord. 518, 1999; Ord. 80 § 1, 1982; CC § 81.301)
16.10.020 Notice of public hearing.
A. Upon receipt of a complete application, and completion of the report and recommendations for the tentative subdivision or parcel map by the Director of Development Services, the City Clerk shall set the matter for public hearing. At least 10 calendar days before the public hearing, the Clerk shall cause notice to be given of the time, date and place of said hearing, including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved. Such notice shall be published at least once in a newspaper of general circulation, published and circulated in the City.
B. In addition to notice by publication, the City shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within 500 feet of the property which is the subject of the proposed subdivision or parcel map. In addition, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, notice shall be given as required by Government Code Section 66451.3.
C. In the event that the proposed subdivision or parcel map approved has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, the City shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll. In addition, notice shall be given by first class mail to any person who has filed a written request with the Development Services Department. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The City may impose a reasonable fee, as established by City Council resolution from time to time, on persons requesting such notice for the purpose of recovering the cost of such mailing. All such notices by mail or delivery, as required in this chapter, shall be accomplished by the City Clerk.
D. Failure to receive notice as set out in this chapter shall not affect the validity of any action taken pursuant to the procedures set forth in this division.
E. A copy of the report and recommendations to the City Council for the tentative map prepared by the Director of Development Services shall be served on the subdivider and on each tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, at least seven calendar days prior to any public hearing or action on said tentative map by the City Council. Reasonable fees, as established by City Council resolution from time to time, may be collected from the subdivider for this purpose. (Ord. 683 § 60, 2008; Ord. 518, 1999; Ord. 80 § 1, 1982; CC § 81.302)
16.10.030 City Council action.
A. Upon receipt of a written report and recommendations to the City Council for the tentative map, the City Clerk shall submit the tentative map and report to the City Council at its next regular meeting following receipt of said report and map, and the City Council shall approve, conditionally approve or deny the tentative subdivision map or parcel map within 50 days thereafter. The City shall comply with the time limits referred to in Section 21151.5 of the Public Resources Code (California Environmental Quality Act) within the 50-day period specified in this chapter.
B. If an Environmental Impact Report is prepared for the map, the 50-day period shall not be applicable, and the City Council shall render its decision to approve, conditionally approve, or deny the tentative map within 45 days after the certification of the Environmental Impact Report by the City Council. The City Council shall certify the Environmental Impact Report within one year of the date the map was filed, plus any approved extensions allowed by law. If a negative declaration is recommended, the City Council must approve or disapprove the map within 50 days of the date the map was filed.
C. The time limits set forth in this chapter for acting upon a tentative map may be extended by mutual consent of the subdivider and the City Council. (Ord. 80 § 1, 1982; CC § 81.303)
16.10.040 Tentative map approval or conditional approval.
In approving or conditionally approving a tentative map, the City Council shall find that the proposed subdivision, together with its design and improvements, is consistent with the general plan, and any applicable specific plans, community plans, and planned communities adopted by the City. The City Council may modify or delete any of the conditions of approval recommended in the Development Services Department report, or by the City Engineer, except conditions required by City ordinance, or the City Council may add additional requirements as a condition of its approval.
If no action is taken by the City Council within the time limit as specified, the tentative subdivision or parcel map as filed, shall be deemed to be approved, only insofar as it complies with California Environmental Quality Act, the State Subdivision Map Act, this, or other City ordinances. It shall be the duty of the City Clerk to certify such approval. If said map fails to comply in whole or in part, as provided in this chapter, said map shall not be so certified. The City Council’s approval or conditional approval of a tentative subdivision or parcel map shall be expressed in resolution form. (Ord. 518, 1999; Ord. 80 § 1, 1982; CC § 81.304)
16.10.050 Tentative map denial.
A. A tentative subdivision or parcel map may be denied by the City Council on any of the grounds provided by City ordinances or the State Subdivision Map Act.
B. The City Council shall deny approval of the tentative map if it makes any of the following findings:
1. That the proposed map is not consistent with applicable general and specific plans, including the objectives, policies, general land uses and programs specified in said plans;
2. That the design or improvement of the proposed subdivision or lot division is not consistent with 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 lot division or the proposed improvements are contrary to the policy of the State legislature as stated in Chapter 1, commencing with Section 21000, of the State Public Resources Code, or 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 lot division, or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision or lot division. In this connection, the City Council may approve a map 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 subdivision shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to the City Council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision or lot division.
C. The City Council’s denial shall be expressed in resolution form and shall contain the facts supporting the findings causing the denial.
D. 1. A tentative map for residential development, the application for which was not complete until after the effective date hereof,* shall provide that 15 percent of the lots created shall be set aside for low income housing and shall be subject to a restriction on the face of the map providing such set aside.
2. City Council shall deny approval of a tentative map as inconsistent with the housing element of the general plan if it finds that this provision is not made by the tentative map. (Ord. 370 § 1, 1992; Ord. 350 § 1, 1992; Ord. 349 § 1, 1991; Ord. 80 § 1, 1982; CC § 81.305)
* Editor’s note: The tentative map in PMC 16.10.050(D) expires on December 9, 1993.
16.10.060 Rehearing. Amended Ord. 865
The City Council’s action to approve, conditionally approve or deny a tentative map is final and effective within 10 calendar days unless a request for a rehearing is filed in accordance with Chapter 2.21 PMC. (Ord. 492 § 5, 1998; Ord. 80 § 1, 1982; CC § 81.306)
16.10.070 Length of tentative map approval.
The approval or conditional approval of a tentative map shall expire 24 months from the date of the adoption of the resolution by the City Council approving or conditionally approving the map. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed with the City Council for final map approval without first processing a new tentative map. (Ord. 80 § 1, 1982; CC § 81.307)
16.10.080 Tentative map extension.
A. The subdivider or authorized agent may request an extension of the expiration date of the approved or conditionally approved tentative subdivision or parcel map by written application to the Development Services Department, filed not less than 90 days before the map is to expire. Such application shall state the reasons for requesting the extension.
B. The Director of Development Services shall review the request and submit the application for the extension, together with a report, to the City Clerk who shall set the matter for public hearing in the same manner as prescribed in PMC 16.10.020. The hearing on the application for the extension shall occur prior to the expiration of the map.
C. A copy of the Director’s report shall be forwarded to the subdivider prior to City Council action on the request.
D. The City Council shall act upon the extension request upon the closing of the hearing and may either approve, conditionally approve or deny the extension. Until the decision of the Council is made, the tentative map shall be considered extended. The decision of the Council to extend the tentative map shall be from the date of expiration and/or the date of Council decision. The Council’s action shall be in resolution form which, if the extension is approved, shall specify the new expiration date of the tentative subdivision or parcel map. No more than five separate extension requests shall be allowed, with each approved extension request to be valid for a period of one year, and the total of all extensions shall not exceed a total of five years. The City Council may not impose any new conditions or revise existing conditions on the approved tentative map. The action of the City Council on extension requests shall be final. A reasonable fee shall be charged for the processing of any such extension, as set by City Council resolution. (Ord. 655 § 3, 2007; Ord. 518, 1999; Ord. 179 § 1, 1985; Ord. 80 § 1, 1982; CC § 81.308)
16.10.090 Effect of moratoriums or lawsuits.
A. The period of time specified in PMC 16.10.070 or 16.10.080 shall not include any period of time during which a development moratorium, as described in Section 66452.6(f) of the Subdivision Map Act, imposed after approval of the tentative subdivision or parcel map is in existence; provided, however, that the length of the moratorium does not exceed five years.
B. Once a moratorium is terminated, the tentative subdivision or parcel map shall be valid for the same period as was left to run on the map at the time the moratorium was imposed. However, if the remaining time is less than 120 days, the tentative subdivision map or parcel maps shall be valid for 120 days following the termination of the moratorium.
C. The period of time specified in PMC 16.10.070 or 16.10.080 shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval by the City Council. Within 10 days of the service of the initial petition or complaint in the lawsuit upon the City, the subdivider may apply to the City Clerk for a stay of the time period.
D. The City Clerk shall thereafter notice a public hearing before the City Council within 40 calendar days after the City Clerk’s receipt of the application. The public hearing shall be advertised and noticed in the same manner as prescribed in PMC 16.10.020. At the public hearing, all evidence pertaining to the matter shall be presented and the City Council shall thereupon either deny the requested stay, or grant the stay for any period not to exceed five years from the date of the service of the initial petition or complaint in the lawsuit.
E. The Council’s action in approving or denying the application for a stay shall be in a resolution form.
F. Multiple stays may be requested and granted pursuant to this section provided the total of all such stays does not exceed five years.
G. A reasonable fee may be charged the subdivider to process such a request for a stay, in the amount as set by City Council resolution. (Ord. 80 § 1, 1982; CC § 81.309)
16.10.100 Amendments to approved tentative map.
A. Requests for nonsubstantial changes in an approved tentative map shall be submitted to the Director of Development Services in a form approved by the Director.
B. Any nonsubstantial change may be approved by the Director of Development Services and the City Engineer, provided:
1. No lots, parcels, units, or building sites are added;
2. The changes do not substantially alter the street, traffic circulation, lot, or drainage patterns shown on the approved tentative map;
3. Such changes are consistent with the intent and spirit of the original tentative map approval and conditions thereon;
4. There are no resulting violations of the City’s regulatory ordinances.
C. Any nonsubstantial changes approved by the Director of Development Services and the City Engineer shall be indicated on the approved tentative map on file in the office of the Development Services Director.
D. Requested amendments to the tentative map or conditions thereof which the Director of Development Services and/or the City Engineer consider other than minor in nature, shall be presented to the City Council for consideration. Any such changes considered to be major and requiring City Council approval will require the submittal of a replacement tentative subdivision or parcel map, which shall be prepared and processed in accordance with PMC 16.10.010, 16.10.020 and 16.10.030. A reasonable fee shall be charged for the processing of any replacement map, as set by City Council resolution.
E. Approval or conditional approval of a replacement map shall render the previously approved tentative subdivision or parcel map null and void. The public hearing before the City Council regarding the replacement map shall be a new hearing without consideration of the previously approved tentative map. (Ord. 518, 1999; Ord. 80 § 1, 1982; CC § 81.310)