Chapter 16.10
MAPS PROCESSING
Sections:
16.10.010 Submission and filing of maps.
16.10.020 Transmittal and review.
16.10.030 Planning Commission action.
16.10.050 Extensions of time limits.
16.10.080 Final maps and parcel maps.
16.10.100 Filing with the County Recorder.
16.10.010 Submission and filing of maps.
A. No map shall be accepted for processing which is inconsistent with the general and applicable specific plans and zoning unless the subdivider concurrently files the necessary applications to ensure the required consistency.
B. The subdivider shall, at the time of making application for approval of maps, submit to the Director of Planning and Building the required number of prints of the map and such other information which may be required by Chapter 16.08 CMC.
C. The subdivider shall, at the time of making application for approval of a tentative map, pay a deposit on account or processing fees in an amount established by resolution of the Council. No map will be filed without the required deposit. Thereafter, no action on the map will be taken by the Planning Commission or the Council unless all accrued fees have been paid. After filing of the final map, and completion and acceptance of all required improvements, any unexpended fees will be returned to the subdivider.
D. Within 30 days of receipt of an application for a subdivision, the City shall notify the subdivider in writing as to whether such application is complete. If the application is determined to be incomplete, the City shall inform the subdivider of additional information required or the procedure by which such application can be made complete. Upon receipt of such additional materials a new 30-day period shall begin during which the City shall determine the completeness of the application.
E. Only an application for a subdivision which has been determined or deemed to be complete shall be filed and processed pursuant to the State Subdivision Map Act and this title.
F. The filing of the application for a tentative map shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the tentative map nor does it ensure that the map complies with the law and with the requirements of this title.
16.10.020 Transmittal and review.
The Planning and Building Department shall transmit copies of the tentative map to the following City departments and public agencies for review:
A. City Engineer/Public Works Department;
B. Fire Department;
C. Police Department;
D. Calistoga Joint Unified School District;
E. California Department of Transportation (CalTrans);
F. Napa County Environmental Health Department;
G. Napa County Conservation, Planning and Development Department;
H. Napa County Airport Land Use Commission;
I. Other agencies as appropriate.
16.10.030 Planning Commission action.
After a noticed public hearing on the map held within applicable time limits, the Planning Commission shall adopt findings and approve, conditionally approve or deny the map.
16.10.040 Findings.
A. In approving or conditionally approving a tentative map, the Planning Commission shall find:
1. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan, and other applicable provisions of this code.
2. Except for condominium conversion projects where no new structures are added, that the design of the proposed subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as described in the State Subdivision Map Act and any guidelines promulgated by the Council.
3. That the site is physically suitable for the type and density of development.
4. That the proposed subdivision has been reviewed in compliance with the California Environmental Quality Act (CEQA) and that the project will not result in detrimental or adverse impacts upon the public resources, wildlife or public health, safety and welfare.
B. In disapproving or in approving at a lower density a housing development, the Planning Commission shall make written findings based upon substantial evidence in the record that both of the following conditions exist:
1. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density.
2. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified other than disapproval of the housing development project or approval upon condition that the project be developed at a lower density.
C. In approving or in conditionally approving a tentative map for the conversion of a mobile home park to another use pursuant to Government Code Section 66427.4, the Planning Commission shall be required to:
1. Take steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a similarly developed mobile home park or other suitable replacement housing;
2. Find that there already exists land zoned for replacement housing or adequate space in other mobile home parks for those residents who will be displaced;
3. Require the subdivider to take steps to mitigate any significant adverse impacts of the conversion on the ability of the displaced mobile home park residents to find adequate space in a mobile home park or other suitable housing; or
4. Make a finding, based upon substantial evidence, that mitigation pursuant to subsections (C)(1) and (C)(3) of this section is not feasible. As used herein, “feasible” shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
D. The Planning Commission may deny a tentative map on any grounds provided by law including, without limitation, a finding that the discharge of waste from the proposed subdivision into an existing community sewer system would result in, or add to, violation of existing requirements prescribed by a State Regional Water Quality Control Board. A tentative map shall be denied if any of the following findings are made:
1. That the proposed map is not consistent with the General Plan, applicable specific plans, or other applicable provisions of this code;
2. That the design or improvement of the proposed subdivision is not consistent with the General Plan, applicable specific plans, or other applicable provisions of this code;
3. That the site is not physically suitable for the type and/or density of development;
4. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the Planning Commission may approve such a tentative map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081(c) of CEQA that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
5. That the design of the subdivision or the type of improvements are likely to cause serious public health problems;
6. That the design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision;
7. That all requirements of the California Environmental Quality Act and the rules and procedures adopted by the Council pursuant thereto have not been met;
8. That the applicant has failed to submit complete or adequate information; or
9. Subject to Government Code Section 66474.4 that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.
16.10.050 Extensions of time limits.
A. Any applicable time limits for acting on a tentative map may be extended by mutual consent of the subdivider and Planning Commission or Council. A waiver of applicable time limits may be required of the subdivider to permit concurrent processing of related project approvals or environmental review on the same project.
B. Prior to the expiration date, the subdivider may apply in writing for an extension of time. Each application shall be made at least 30 days before expiration, but in no case shall said request be made sooner than 60 days prior to the expiration. All requests for extensions shall be accompanied by a fee as established by Council resolution.
C. Once an application for extension is timely filed, the map shall be automatically extended as provided in Government Code Section 66452.6(e).
D. An extension of time may be granted if the Planning Commission finds the subdivision, at the time the application for the extension of time is heard, conforms to the then-existing General Plan, is consistent with the zoning of the parcels and conforms to the improvement standards that are being imposed upon similar new subdivisions. The Planning Commission may condition its approval by subjecting the subdivider to any increase in applicable development fees or to new development fees which have occurred since the approval of the map. The Planning Commission may extend the date on which the map expires up to 36 additional months and/or increments up to 36 months.
E. Approval of a vesting tentative map shall confer a vested right to proceed with development in accordance with Government Code Section 66498.1. Such rights shall expire one year following the recordation of the final map. Where multiple final maps are recorded on various designated approved phases of a project covered by a single vesting tentative map, the time limit set forth herein shall begin for each phase when the final map for that phase is recorded. In accordance with Section 66452.6(g) of the State Subdivision Map Act, a subdivider may apply for a one-year extension of the initial time period in accordance with subsection (B) of this section.
16.10.060 Expiration.
A. An approved or conditionally approved tentative map or vesting tentative map shall expire 24 months after its approval or conditional approval unless an extension is approved as provided in CMC 16.10.060. However, if a subdivider who is filing multiple final maps is made subject to a requirement to construct, improve or finance the construction or improvement of certain public improvements outside the boundaries of the tentative map, as set forth in Government Code 66452.6, or if the tentative map is on property subject to a development agreement authorized by Government Code Sections 65864 et seq., then the expiration date shall be extended in accordance with Government Code Section 66452.6(a). An extension to the expiration date may also be approved as provided in CMC 16.10.080.
B. The period of time specified in subsection (A) of this section shall not include any period of time during which a development moratorium is in effect as provided in Government Code Section 66452.6.
C. The period of time specified in subsection (A) of this section 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 of a tentative map only if a stay of the time period is approved by the Planning Commission, as provided in Government Code Section 66452.6.
D. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no final map on all or any portion of the real property included within an expired tentative map shall be filed without first processing a new tentative map.
16.10.070 Survey required.
An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor and be approved by the City Engineer prior to approval of a final map or parcel map. The survey shall conform to the information requirements and standards of the Subdivision Map Act.
16.10.080 Final maps and parcel maps.
A. The City Engineer shall review the preliminary final map and any other required information and the subdivider shall make corrections and/or additions until acceptable to the City Engineer.
B. The Council shall consider the final map for approval at its next regular meeting after the City Clerk receives the map. Before approving the final map, the Council shall consider approval of the subdivision improvement agreement in accordance with the requirements of CMC 16.18.070.
C. The Council shall approve the final map if the Council finds that the map meets all the requirements and conditions imposed by the State Subdivision Map Act and by this title, which were applicable to the subdivision at the time of the approval of the tentative map. If the subdivision improvement agreement and/or final map is unacceptable, the Council shall make its recommended corrections, instruct the Director of Public Works and Director of Planning and Building to return the map to the subdivider to revise the agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map has been resubmitted.
D. If the subdivision improvement agreement and final map are approved by the Council, it shall instruct the City Clerk to execute the agreement on behalf of the City. At the time the Council approves the final map, it shall also accept, accept subject to improvement, or reject any offer of dedication.
E. The City Clerk shall certify on the final map the action by the Council. If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities or storm drainage easements are not accepted by the Council, the offer of dedication shall remain open and the Council may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities or storm drainage easements which acceptance shall be recorded in the office of the County Recorder.
F. The Council may accept by resolution any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be shown on the grant deed with reference to the resolution before the grant deed is recorded in the office of the County Recorder.
G. The Council shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off-site improvements on land which neither the subdivider nor the City has sufficient title or interest to permit the improvements to be made. In such a case, the City shall follow the procedure according to Government Code Section 66462.5.
H. The subdivider shall submit to the Director of Public Works the original tracing of the map and any duplicates per county requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing. Upon receipt of all required certificates and submittals, the Director of Public Works shall sign the appropriate certificates and transmit the original map to the City Clerk. The date the map shall be deemed filed with the Council is the date on which the City Clerk receives the map.
16.10.090 Phasing.
Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map application is filed, notifies the Director of Planning and Building in writing of the subdivider’s intention to file multiple final maps on the tentative map in accordance with Government Code Section 66456.1. In providing the notice, the subdivider shall define the number or configuration of the proposed multiple maps. The Planning Commission shall approve the sequence of map approvals. After filing of the tentative map application, the Director of Planning and Building, the Director of Public Works and the subdivider shall concur in the filing of multiple final maps.
The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision number. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.
16.10.100 Filing with the County Recorder.
Upon approval of the final map by the Council and receipt thereof from the Director of Public Works, the City Clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Government Code Section 66464, transmit the map.