Chapter 17.24


17.24.010    Tentative map—Filing requirements.

17.24.015    Tentative map—Application.

17.24.020    Tentative map—Preliminary title report.

17.24.030    Tentative map—Size and scale.

17.24.040    Tentative map—Information to be shown.

17.24.050    Tentative map—Subdivider’s statement.

17.24.060    Soils and/or geologic report.

17.24.070    Review for completion—Filing time.

17.24.080    Preliminary review process.

17.24.090    Departmental review and report.

17.24.100    Approval or denial—Public hearing.

17.24.110    Public hearing—Notice and procedures.

17.24.120    Merger and resubdivision.

17.24.130    Vesting tentative maps.

17.24.010 Tentative map—Filing requirements.

The Director of Planning shall specify the number of copies of the tentative map which shall be required. Those copies together with any additional data required shall be filed with the Director of Planning. Tentative maps shall be prepared in accordance with the Subdivision Map Act and provisions of this title. Except as otherwise required, all requirements for tentative maps set forth in this chapter shall be applicable to tentative parcel maps. Such tentative or tentative parcel maps shall be accompanied by a nonrefundable fee as set from time to time by the City Council by resolution. (Ord. 879 § 1 Ex. A (part), 1981)

17.24.015 Tentative map—Application.

An application for a tentative map or tentative parcel map shall accompany any tentative map or tentative parcel map filed with the Director of Planning. The application shall be signed by all owners of record of the property for which subdivision is sought, or, by the owner’s representative as authorized in writing if one other than the owner is the applicant. If the application is made by the owner’s representative, proof, satisfactory to the Director of Planning, of the right to subdivide the property as applied for, shall accompany the application. The application shall be filed on a form prescribed by the Planning Department. Such form shall be accompanied by a nonrefundable fee as prescribed in the municipal fee schedule. (Ord. 1174 § 4, 1995)

17.24.020 Tentative map—Preliminary title report.

The tentative map shall be accompanied by a current preliminary title report for the property being subdivided. (Ord. 879 § 1 Ex. A (part), 1981)

17.24.030 Tentative map—Size and scale.

Tentative maps shall be of a scale and size to the satisfaction of the Director of Planning. (Ord. 879 § 1 Ex. A (part), 1981)

17.24.040 Tentative map—Information to be shown.

A tentative map shall contain the following information:

A. Tract name, date, north point, scale, and sufficient description to define the location and boundaries of the proposed tract;

B. Key map, showing adjacent property, subdivision, roads or streets in subdivisions;

C. Name and address of record owner or owners, name and address of the subdivider, and name and business address of the person who prepared the tentative map;

D. Acreage of the proposed tract, to the nearest tenth of an acre;

E. Approximate area of each of the lots proposed to be created;

F. Number of lots, average lot size, and size of smallest lot in tract;

G. Contours at two-foot intervals up to five-percent slope, five-foot intervals up to ten-percent slope, and ten-foot intervals over ten-percent slope; the high and low points and all drainage features;

H. The locations, names, existing widths, slope and approximate grade of all existing streets and alleys in the proposed subdivision, or abutting or contiguous to the proposed subdivision;

I. The locations, names, widths, slope and approximate grade of all streets and alleys proposed to be constructed, widened, improved or dedicated within, abutting or contiguous to the proposed subdivision;

J. Typical cross-sections of all streets and alleys to be constructed, widened, improved or dedicated;

K. Locations, widths and purposes of all existing and proposed easements contiguous to the proposed subdivision;

L. Locations, size and character of all existing pipelines and related structures, and all other public utilities, showing the ground elevation and flow line elevations at the connection to existing pipelines. All building and use restrictions applicable to any easements;

M. Lot layout and approximate dimensions of each lot. Each lot shall be numbered;

N. The outline of any buildings to remain on the property and their proposed location if any are to be moved, and their relation to existing or proposed street and lot lines;

O. Approximate boundaries of areas subject to inundation of stormwater overflow, and the location, width and direction of flow of all watercourses;

P. All water wells;

Q. Proposed public areas, if any;

R. Location of wooded areas, tree masses and other significant landscape features;

S. A general grading diagram, showing proposed contours, areas and estimated quantities of excavations and embankments, and statement of estimated amount of material to be imported or exported from subdivision site;

T. Method proposed for erosion control, including prevention of sedimentation or damages to off-site property. (Ord. 879 § 1 Ex. A (part), 1981)

17.24.050 Tentative map—Subdivider’s statement.

A subdivider’s statement shall appear upon or accompany the tentative map, and shall contain the following information:

A. Existing use or uses and zone district or districts of the property;

B. Proposed use of property; if property is proposed to be used for more than one purpose, the area, lot or lots proposed for each type of use shall be shown on the tentative map;

C. Statement specifying the improvements and public utilities proposed to be made or installed and the time at which such improvements are proposed to be completed;

D. Provision for sewerage and sewage disposal;

E. Public areas proposed;

F. Tree planting proposed, including an indication of any existing trees to be removed or left in place;

G. Proposed street lighting or any outdoor lighting;

H. Existing restrictive covenants, leases, rights-of-way, licenses and encumbrances affecting the use of the land, and restrictive covenants proposed;

I. Justifications and reasons for any requested exceptions to provisions of this title;

J. Any additional information regarding the subdivision as may be deemed necessary by the Director of Planning. (Ord. 879 § 1 Ex. A (part), 1981)

17.24.060 Soils and/or geologic report.

A. Preliminary Soils and/or Geologic Report. At the time of submission of the tentative map or tentative parcel map, the subdivider shall file with the Planning Department a preliminary soils and/or geologic report, prepared by a certified engineering geologist and a civil engineer who is registered by the State, based upon adequate test borings or excavations. The preliminary soils and/or geologic report may be waived if the Planning Department shall determine that, due to the knowledge of such department as to the soils qualities and geologic conditions of the subdivision, no preliminary analysis is necessary.

B. Soils Investigation. If the preliminary soils and/or geologic report indicates the presence of critically expansive or other soils or geologic hazards which, if not corrected, could lead to structural defects, a soils and/or geologic investigation of each potentially affected lot in the subdivision shall be prepared by a qualified engineer who is registered by the State. The soils and/or geologic investigation shall recommend corrective action which is likely to prevent structural damage to structures or improvements proposed to be constructed on the area where such soils and/or geologic problems exist. The report shall be filed with the Planning Department.

C. Approval of Soils and/or Geologic Investigation. The City Geologic Consultant shall approve the soils and/or geologic investigation if it determines that the recommended corrective action is likely to prevent structural damage to structures or improvements to be constructed in the subdivision. The tentative parcel map or tentative map and building permit shall be conditioned upon the incorporation of the approved, recommended, corrective action for the construction of each structure.

D. The City Engineer shall review a preliminary soils report for any subdivision of land. In the event the City Engineer finds the report to be incomplete, inaccurate or unsatisfactory, he may require additional information or he may reject the report. It shall be necessary for an applicant to have received a review and approval of a preliminary soils report prior to submittal of the subdivision application to the Planning Commission for approval. (Ord. 1051 § 2, 1990; Ord. 879 § 1 Ex. A (part), 1981)

17.24.070 Review for completion—Filing time.

A. The Director of Planning shall review all tentative map and tentative parcel map applications to determine whether all necessary information has been submitted. Within thirty days of receipt of any such map, the Director of Planning shall give written notice to the applicant pursuant to Government Code Section 65943 indicating whether the application is complete. Any parts which are incomplete shall be specified, and the manner in which they can be made complete shall be indicated.

B. In the case of any subdivision which requires the preparation of an environmental impact report or negative declaration pursuant to the California Environmental Quality Act, no application shall be deemed complete until the final decision maker has certified the environmental impact report or negative declaration to be adequate and prepared in compliance with the California Environmental Quality Act. For the purposes of the Subdivision Map Act, this title and Chapter 4.5 of Division 1, Title 7, Section 65920 et seq. of the Government Code, the date upon which notice is given to the applicant that the application is complete shall be deemed the date of filing of the application; provided that, if at any stage of processing the map a decision maker determines that an environmental impact report or negative declaration is required, the date of filing shall be revised to the date upon which that environmental impact report or negative declaration is certified by the final decision maker. (Ord. 879 § 1 Ex. A (part), 1981)

17.24.080 Preliminary review process.

The Director of Planning shall be empowered to establish a procedure for preliminary review of tentative maps and tentative parcel maps, in order to implement the intent of this title. The cost of such review shall be borne by the subdivider. (Ord. 879 § 1 Ex. A (part), 1981)

17.24.090 Departmental review and report.

The Planning Director shall transmit copies of such tentative map and tentative parcel map to the City Engineer, and may transmit copies thereof to other departments and agencies as he deems advisable. Upon receipt of a copy of such map, each department to which the same has been transmitted shall examine the map to ascertain if it conforms to the requirements of such department and, within ten days of receipt thereof, each department shall make a report to the Director of Planning. If said map does not conform to such requirements, the department shall so state in its report noting the details of nonconformity. (Ord. 879 § 1 Ex. A (part), 1981)

17.24.100 Approval or denial—Public hearing.

Within fifty days after the filing of the tentative map or tentative parcel map, the Planning Commission shall hold a public hearing thereon, and shall approve, conditionally approve, or disapprove the said map, and shall report such action directly to the subdivider and shall also transmit to the City Engineer and the Director of Planning a copy of the map and a memorandum setting forth the action of the Commission thereon. (Ord. 879 § 1 Ex. A (part), 1981)

17.24.110 Public hearing—Notice and procedures.

A. Notice of the time, date and place of the public hearing and the purpose thereof shall be given by publication once in a local newspaper of general circulation not less than ten days prior to the date of the hearing. Notice of such hearing shall also be mailed, at least ten days prior to the date of the hearing, to each owner of record of property within three hundred feet of the boundary of the property sought to be subdivided. Neither failure of any person to receive any notice required hereunder, nor failure to strictly comply with the provisions hereof, shall invalidate any proceedings under this chapter.

B. The notice of public hearing shall contain the following:

1. A statement of the general location of the property involved;

2. A statement of the date, time, place and purpose of the hearing;

3. Reference to the application on file for particulars, including reference to any environmental documents prepared; and

4. A statement that any interested person, or agent thereof, may appear and be heard.

C. In addition to any other information required, the applicant shall submit with the application a list of all owners of the property to be subdivided, as shown on the last equalized assessment roll, along with a list of the name and address of the owner of record and a set of addressed, Number 10 envelopes, of each property owner within a three-foot radius of the exterior boundaries of the subject property, as shown on the last equalized assessment roll.

D. Following the public hearing the Planning Commission shall make the following findings:

1. Whether the proposed subdivision is in conformity with law and this chapter;

2. Whether the size and shape of the proposed lots are in general conformance to City requirements and the general pattern of the neighborhood and will not cause traffic, health or safety hazards;

3. Whether the proposed lots will have proper and sufficient access to a public street;

4. Whether the proposed map and the design or improvement of the proposed subdivision are consistent with applicable general and specific plans;

5. Whether the site is physically suitable for the type of development;

6. Whether the site is physically suitable for the proposed density of development;

7. Whether the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

8. Whether the design of the subdivision or the type of improvements are not likely to cause serious public health problems;

9. Whether 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, or that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to those 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;

10. Whether discharge of waste from the proposed subdivision will not result in violation of existing water quality requirements prescribed by the Regional Water Quality Control Board.

E. If the Planning Commission is unable to make any of the above findings, it shall disapprove the map, unless it is able to impose conditions which will enable it to make such findings, in which case it shall approve the map with such conditions. The Planning Commission may refuse to approve a tentative map when the only practical use which can be made of the property proposed to be subdivided is a use prohibited by ordinance or law, or if the property is deemed by the Health Officer of the City unhealthful or unfit for human habitation or occupancy. (Ord. 879 § 1 Ex. A (part), 1981)

17.24.120 Merger and resubdivision.

Subdivided lands may be merged and resubdivided without first reverting to acreage, provided that all requirements of the Subdivision Map Act and this title are complied with. Such application shall be filed and processed in the same manner as a subdivision. Recordation of the final or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel. (Ord. 879 § 1 Ex. A (part), 1981)

17.24.130 Vesting tentative maps.

Pursuant to the authority granted by Chapter 4.5 of Division 2 of Title 7 of the California Government Code, for any residential subdivision for which a tentative map or a tentative parcel map is required by the Subdivision Map Act or this title a vesting tentative map may instead be filed, in accordance with the following provisions:

A. Filing and Processing.

1. A vesting tentative map shall be filed in the same form and have the same accompanying data and reports, and shall be processed in the same manner, including payment of fees, as set forth in this title for tentative maps, except:

a. No vesting tentative map may be filed until all prior discretionary approvals applicable to the proposed development (i.e., rezoning, architectural review, etc.) have been obtained, or are being obtained simultaneously;

b. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

2. If a subdivider does not seek the rights conferred by the vesting tentative map statute, then the filing of a vesting tentative map shall not be a prerequisite to any appeal for any proposed subdivision, permit for construction, or work preparatory to construction.

B. Expiration. The approval or conditional approval of a vesting tentative map shall expire at the same time, and shall be subject to the same extensions established in Section 17.28.010 of this title for the expiration of the approval or conditional approval of a tentative map.

C. Development Rights. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the date that the vesting tentative map application is determined complete. However, if proceedings have been formally initiated in accordance with Government Code Section 66474.2 to amend applicable general or specific plans or zoning or subdivision ordinances before the complete application is received, such policies, ordinances or standards may be applied to the application if they are in effect on the date the vesting tentative map is approved or disapproved.

D. Limits of Vested Rights. A permit, approval, extension or entitlement (including all subsequent approvals) may be conditional or denied, if it is determined that a failure to do so would place the residents of the subdivision or the immediate community in a condition dangerous to their health or safety, or the condition or denial is required in order to comply with Federal or State law.

E. Applications Inconsistent With Current Policies. A property owner or his designee may seek approvals or permits for development which departs from the ordinances, policies and standards described in subsection C of this section, and these approvals may be granted or permits issued to the extent that the departures are authorized under applicable law.

F. Expiration of Vested Rights.

1. The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map, as provided under subsection B of this section. If the final map is approved, these rights shall last for the following periods of time:

a. An initial time period of one year. Where several final maps are recorded in various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded;

b. A subdivider may apply to the Planning Commission for a one-year extension at any time before the initial time period expires. If the extension is denied, the subdivider may appeal that denial to the City council within fifteen days;

c. If the subdivider submits a complete application for a building permit during the time set forth in subsections F1a and F1b above, the rights referred to shall continue until expiration of that permit, or any extension of that permit;

d. The initial time period set forth in subsection F1a of this subsection shall automatically be extended by any time used for processing a complete application for a grading permit or architectural review, if such processing exceeds thirty days from the date a complete application is filed.

2. If the applicant lets one of these time periods expire, the applicant is then treated the same as if he or she were any ordinary applicant without the rights conferred by the "vesting" map. (Ord. 958 § 2, 1986)