Chapter 3

The subdivider or his agent shall apply for a map number prior to submission of a tentative map. Map numbers shall be assigned by the County Engineer.

9203.3 Tentative Map Preparation.

Each tentative map shall be prepared in accordance with the following requirements:

a. Tentative maps shall be prepared by or under the direction of a registered California civil engineer or a licensed California land surveyor.

b. Each tentative map shall be eight (8) inches by twelve (12) inches or any multiple thereof and shall be drawn to such scale as to clearly show the details of the plan thereon. Wherever practicable, such scale shall be a scale of one (1) inch to one hundred (100) feet.

c. The Director shall determine the number of copies of a tentative map which a subdivider shall submit. One (1) copy shall be reproducible print of a type approved by the City Engineer.

9203.4 Identity of Subdivider.

When a tentative map is submitted, the Advisory Agency may require the subdivider to show that he is the owner of the property shown on the map as proposed for subdivision; or that he has an option or contract to purchase the property or that portion of which he is not the owner; or that he is the authorized agent of one who can comply with these requirements.

9203.5 Tentative Map Contents.

Each tentative map shall show and contain the following information:

a. The assigned map number.

b. The date of preparation, a north point, and scale.

c. The boundary of the division of land shown to scale and tied to a known point.

d. A key map, indicating the location of the proposed division of land in relation to the surrounding area.

e. The approximate contours, showing existing topography.

f. The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each water course.

g. The approximate location of all trees standing within the boundaries of proposed rights-of-way.

h. The location, width, approximate grade, and center line radius of existing and proposed streets, alleys, highways, ways, and easements which are within or adjacent to the proposed division of land.

i. The existing street improvements, including drainage structures.

j. Actual names for existing streets or highways and a proposed name for any new streets or highways.

k. A label or identifying note for existing or proposed easements other than streets or highways. Existing easements shall be delineated on the tentative map and shall show the name of the easement holder, the purpose of the easement, and the legal reference for the easement. If an easement is blanket or indeterminate in nature, a note to this effect shall be placed on the tentative map.

l. The approximate layout of lots, including approximate dimensions and lot numbers and, where pads are proposed for building sites, the approximate finish grade.

m. The approximate location of existing structures, shown to scale, within or immediately adjacent to the division of land. Show house numbers, and label each structure with the proposed disposition. Show the distance to any proposed parcel line of any structure to remain. The type of construction of the structure and the fire wall rating if any structure is within ten (10) feet of a proposed parcel line shall be stated.

n. The general location of all proposed buildings and structures which are to be divided into units of air space and the means of access thereto, where the division of land consists of a condominium, community apartment project, or stock cooperative.

o. If necessary, a generalized plan of proposed development adjacent to the division of land showing the compatibility of the development with existing and future development in the neighborhood.

p. The location of sewage disposal components including house laterals which are to remain.

9203.6 Written Statements.

Each tentative map shall be submitted with written statements containing the following information and acknowledgements:

a. The name and address of the subdivider.

b. The name, address, and license or registration number of the person who prepared the tentative map or who directed the preparation of the tentative map.

c. A statement by a person holding a proprietary interest in the parcel or parcels comprising the division of land, consenting to the submission of the tentative map.

d. The proposed use of parcels shown on the tentative map, together with the present and proposed zoning.

e. The legal description of the land in the proposed division of land.

f. A copy of conditions, covenants, and restrictions proposed by the subdivider, if any.

g. A statement detailing the arrangements which the subdivider proposes to make for the operation and maintenance of common parcels and easements, if any.

h. The source of water supply and the proposed method of sewage disposal.

i. The results of percolation tests, if required, performed in accordance with the standards of the Health Officer, where a private system of sewage disposal is proposed.

j. A geological and/or soils report, if required by the City Engineer, prepared by a licensed geologist and/or registered civil engineer, stating the effect of geological or soil conditions on the proposed development.

k. An environmental assessment statement and/or input for a draft Environmental Impact Report, as determined by the Director.

The written statements required by this Section shall become a part of the tentative map upon submission to the Director.

9203.7 Reversion to Acreage.

Prior to the submission of a final map for the purpose of reverting to acreage land previously subdivided, a tentative map shall be prepared and processed in accordance with the provisions of the Subdivision Map Act and with the provisions of this Chapter. A final parcel map may be approved for reverting to acreage land previously subdivided and consisting of four (4) or less contiguous parcels under the same ownership. A reversion to acreage map shall comply with the requirements imposed by this Chapter for a tract map or a parcel map.

9203.8 Preliminary Processing.

Tentative maps and required written statements shall be submitted to the Director. The Director shall distribute copies of tentative maps and, where appropriate, required written statements to each member of the Subdivision Committee, a City requesting extraterritorial review of tentative maps pursuant to the Subdivision Map Act, and to other agencies as necessary.

9203.9 Subdivision Committee Review.

The Subdivision Committee shall make recommendations on tentative maps within forty (40) days subsequent to the submission thereof.

9203.10 Director’s Report.

The Director shall prepare a written report, setting forth the recommendations of the Subdivision Committee and the contents of departmental reports submitted to the Director by City Officers or Departments or other interested agencies. The Director shall transmit his report, together with a copy of the tentative map, to the Advisory Agency.

The Director shall provide the subdivider with a copy of the Director’s report prior to final action on the tentative map by the Advisory Agency. If the subdivider or his authorized representative does not receive the report in person, this provision shall be deemed accomplished when the Director’s report is placed in the mail, bearing the proper postage, and directed to the subdivider at his designated address.

9203.11 Advisory Agency Action.

The Advisory Agency will review the report of the Director and shall approve, conditionally approve, or disapprove a tentative map within fifty (50) days after the tentative map has been filed.

9203.12 Modifications.

The City Council and/or Advisory Agency may grant modifications to the provisions of this Chapter which it determines are warranted because of the size or shape of the division of land, unusual physical conditions, title restrictions, the proposed use of one (1) or more parcels, or the nature of the interest to be conveyed in parcels created by the proposed division of land. The City Council and/or Advisory Agency shall declare its decision on all modifications stating the grounds for each modification. The modifications and/or conditions shall be included in the report on the tentative map and shall become a part thereof. No modification shall be granted which has the effect of negating the provisions of an Ordinance of this City other than this Chapter or which is inconsistent with the provisions of State law.

9203.13 Time Limits.

The time limits for acting and reporting on tentative maps and appeals, as specified in this Chapter and by the Subdivision Map Act, may be extended by mutual consent of the subdivider and the Advisory Agency or the City Council, as the case may be. In the event that the Director determines that a tentative map is subject to the requirements of the California Environmental Quality Act, no application for tentative map approval shall be deemed received for filing until such time as all environmental documentation required under CEQA has been completed as follows:

a. In the case where a Categorical Exemption is to be filed, a tentative map shall be deemed received for filing on the date the Categorical Exemption is submitted to the County Clerk.

b. In the case where a Negative Declaration is to be filed, a tentative map shall be deemed received for filing on the date of public notification of the Negative Declaration.

c. In the case where an Environmental Impact Report is to be filed, a tentative map shall be deemed received for filing on the date the Environmental Commission takes final action of the Draft Environmental Impact Report.

9203.14 Advisory Agency Findings.

The Advisory Agency shall make the findings required by Section 66427.1, 66473.5, 66474, 66474.1, and 66474.6 of the California Government Code and Section 21100 of the California Public Resources Code prior to approval of the tentative or final tract map or parcel map.

9203.15 Repealed.

9203.16 Processing and Approval – Public Hearing.

The tentative map shall be processed and approved in accordance with the terms and provisions of the Subdivision Map Act and this Chapter. The Advisory Agency shall hold a public hearing on every application for a tentative map other than minor lot line adjustments not significantly affecting the property rights of persons other than the applicant. Notice of the hearing shall be given pursuant to CMC 9173.22 (Notification of Hearing) by posting and by notice through the United States mails to the applicant, to the owners of property within seven hundred fifty (750) feet of the property to be divided, and to any person who has filed a written request therefor, and pursuant to the Subdivision Map Act. (Ord. 19-1904, § 11)

9203.17 Modification of Tentative Map.

No final map shall be filed with the City Council for approval unless the final map conforms with the tentative map and any conditions imposed in respect thereto by the Advisory Agency.

9203.18 Building and Occupancy Permits.

A building may be constructed, a permit for the construction of a building may be issued, and a portion of a parcel may be used when conforming to the provisions of this Chapter and prior to the recordation of the approved tract map or parcel map; provided, however, that any reliance on such permit shall not result in any vested right to complete improvements authorized by such permit; and provided further, that the permit holder shall be required to execute an acknowledgment and acceptance of the terms of this Section. No occupancy permit shall be issued, however, prior to the recordation of the approved tract map or parcel map.

9203.19 Effective Date and Appeal.

The decision of the Planning Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC 9173.4. An appeal shall be considered by the Council as provided in CMC 9173.4. (Ord. 82-618, § 4)

9203.20 Eligibility for Waiver.

A division of land which is a property line adjustment between two (2) adjacent legally created lots or parcels and divisions of land for which parcel maps are required by the Subdivision Map Act shall be eligible for waiver of the requirements that a final parcel map be filed pursuant to Section 66428 of the Subdivision Map Act except where the tentative conditions of approval thereof require any dedications or improvements. A Certificate of Compliance shall be recorded where the waiver of a final map is approved.

9203.21 Certificate of Compliance.

A request for a certificate of compliance shall be made in writing on a standardized form provided by the City Engineer. It shall be signed and acknowledged by all owners of record of the land comprising the division of land. If requested, a plat map showing sufficient mathematical and survey information to adequately establish the boundaries of the division of land and each parcel thereof shall be provided by the subdivider. The plat map shall show the information required by CMC 9203.5(m) and (p) and such other information as may be required by the Advisory Agency.

9203.22 Street Names.

Street names shall be recommended by the City Engineer and reviewed by the Subdivision Committee. The Advisory Agency and the City Council shall review the recommended street names during the approval process of the tentative map and final map. The approval of the final map by the City Council shall also constitute approval of the street names shown on the final map.

9203.23 Technical/Inadvertent Error.

The Advisory Agency shall waive the provisions of this Chapter and of Section 66473 of the Subdivision Map Act requiring disapproval of final maps for failure to meet or perform State or local requirements or conditions, when the failure of a map submitted for approval is the result of a technical and/or inadvertent error which in the determination of the Advisory Agency does not materially affect the validity of the map. Such waivers shall not result in the invalidation or negation of any substantive requirement of this Chapter, the Subdivision Map Act, or any other ordinance, statute, or regulation.

9203.24 Modification of Field Map.

A recorded tract map or parcel map may be modified by a certificate of correction or an amending map, if the City finds that there are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title, or interest in the real property reflected on the recorded map, and the City finds that the map as modified conforms to the provisions of Section 66474 of the Subdivision Map Act. Any such modification shall be set for public hearing as provided for in CMC 9203.16. (Ord. 82-601, § 3)