Chapter 17.10
SUBDIVISION MAPS
Sections:
Article I. Tentative Maps and Tentative Parcel Maps
17.10.050 Application materials.
17.10.060 Application submittal and review.
17.10.070 Public notice and hearing.
17.10.110 Amendments to approved maps.
17.10.120 Appeals and calls for review.
17.10.130 Vesting tentative maps.
Article II. Parcel Maps and Final Maps
17.10.180 Submittal requirements.
17.10.190 Surveys and monuments.
17.10.200 Phasing of final maps.
17.10.210 City review and approval.
17.10.220 Corrections and amendments.
Article I. Tentative Maps and Tentative Parcel Maps
17.10.010 Purpose.
This article establishes procedures for submittal, review, and action on tentative maps and tentative parcel maps.
(Ord. No. 17-9 (Exh. A))
17.10.020 When required.
(a) Tentative maps. A tentative map is required for subdivisions of five or more parcels (major subdivisions) as described in Section 17.05.150 (Major subdivisions (five or more parcels)).
(b) Tentative parcel maps. A tentative parcel map is required for subdivisions of four or fewer parcels (minor subdivisions) as described in Section 17.05.160 (Minor subdivisions (four or fewer parcels)).
(Ord. No. 17-9 (Exh. A))
17.10.030 Review authority.
(a) Tentative maps. The Planning Commission shall take action on all tentative maps for major subdivisions.
(b) Tentative parcel maps. The Zoning Administrator shall take action on all tentative parcel maps for minor subdivisions.
(Ord. No. 17-9 (Exh. A))
17.10.040 Form and contents.
Tentative maps and tentative parcel maps shall be prepared in accordance with requirements specified in the city’s application checklists for major and minor subdivisions.
(Ord. No. 17-9 (Exh. A))
17.10.050 Application materials.
Tentative map and tentative parcel map applications shall include all required fees, information, and materials as specified in the city’s application checklists for major and minor subdivisions.
(Ord. No. 17-9 (Exh. A))
17.10.060 Application submittal and review.
Tentative map and tentative parcel map applications shall be submitted to the city and processed in accordance with Section 17.05.090 (Application submittal and review) and as follows:
(a) Application review.
(1) Preliminary review. The applicant shall meet with Department staff to review the application for completeness and accuracy prior to submittal.
(2) Determination of completeness. The Community and Economic Development Department’s determination of completeness shall be based on the city’s list of required application contents, any additional written instructions provided to the applicant during the initial application review period, and any other information required by this title and the Map Act.
(3) Notification of applicant. Within 30 calendar days of application filing, the Department shall inform the applicant in writing that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information is required. If the application is deemed incomplete, the Department will provide the applicant with a comprehensive list of additional information to be submitted and reviewed before the Department can make the finding of a complete application.
(4) Environmental information. After the Department has accepted an application as complete, the Department may require the applicant to submit additional information for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA).
(b) Referrals. The Department shall forward copies of application materials to other city departments, service providers, and interested governmental agencies for review and comment.
(c) Environmental review.
(1) CEQA review. After acceptance of a complete application, the city shall review the project in compliance with CEQA to determine whether:
a. The proposed project is exempt from the requirements of CEQA;
b. The proposed project is not a project as defined by CEQA;
c. Additional environmental studies are required;
d. A negative declaration or mitigated negative declaration is required; or
e. An environmental impact report (EIR) is required.
(2) Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and any adopted city CEQA guidelines.
(3) Special studies required. Special studies, paid for in advance by the applicant, may be required to supplement the city’s CEQA compliance review.
(d) Project evaluation and staff reports.
(1) Staff evaluation. The Department shall review all applications to determine if they comply with this title, the general plan, the Development Code, the Map Act, and other applicable city policies and regulations.
(2) Staff report. The Department shall prepare a staff report describing the proposed subdivision and including, where appropriate, a recommendation to approve, approve with conditions, continue, or deny the application.
(3) Report distribution. Staff reports shall be furnished to the applicant at the same time as they are provided to the review authority before action on the application.
(Ord. No. 17-9 (Exh. A))
17.10.070 Public notice and hearing.
The review authority shall take action on a tentative map or tentative parcel map application at a noticed public hearing in accordance with Chapter 18.500 (Public Hearings).
(Ord. No. 17-9 (Exh. A))
17.10.080 City action.
(a) Timing. The review authority shall take action on a tentative map or tentative parcel map application following completion of environmental review within the time frames specified in Government Code Section 65950.
(b) Findings. The review authority may approve the tentative map or tentative parcel map application only after making all of the following findings:
(1) The proposed map is consistent with the general plan, any applicable specific plan, any policy or guideline implementing the general plan, the Development Code, and all other applicable provisions of the Municipal Code.
(2) The site is physically suitable for the proposed type and density of development.
(3) The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
(4) The design of the subdivision or the type of improvements will not cause serious public health problems.
(5) 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. The city may approve a tentative map if it finds that alternative easements for access will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This finding applies only to easements of record or to easements established by judgment of a court of competent jurisdiction.
(6) The design of the subdivision shall provide, to the extent feasible, for future passive and natural heating and cooling features in accordance with Government Code Section 66473.
(7) Water will be available and sufficient to serve a proposed subdivision with more than 500 dwelling units in accordance with Government Code Section 66473.7.
(c) Conditions of approval. The review authority may attach conditions to the approval of a tentative map or tentative parcel map as necessary to ensure compliance with the general plan, any adopted plans or design guidelines, the Development Code, or other applicable provisions of the Municipal Code.
(Ord. No. 17-9 (Exh. A))
17.10.090 Map expiration.
(a) Timing of expiration. A tentative map or tentative parcel map approval expires after 24 months except where the city approves an extension of time as allowed by Section 17.10.100 (Map extensions).
(b) Effect of expiration. The expiration of a tentative map or tentative parcel map terminates all subdivision proceedings; no parcel map or final map may be filed without first processing a new tentative map or tentative parcel map.
(c) Subsequent actions after timely filing. Once a timely filing is made, subsequent actions of the city, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map or tentative parcel map. Delivery to the City Engineer in accordance with the requirements of this chapter shall be deemed a timely filing for purposes of this section.
(Ord. No. 17-9 (Exh. A))
17.10.100 Map extensions.
An applicant may request city approval of an extension to the life of a tentative map or tentative parcel map in accordance with this section.
(a) Discretionary extensions.
(1) Maximum extension. An applicant may request city approval of a discretionary extension to the life of a tentative map or tentative parcel map for up to a maximum of six years.
(2) Review authority. The review authority for a requested discretionary extension shall be the same as for the original approval (i.e., Zoning Administrator for a tentative parcel map extension and Planning Commission for a tentative map extension).
(3) Application filing.
a. All discretionary extension requests shall be filed with the Department on an official city application form at least 10 days before the expiration date. The application shall be accompanied by all fees, information, and materials as required by the Department.
b. Once the application for a tentative map or tentative parcel map extension is timely filed, the map is automatically extended for 60 days or until the city acts on the extension, whichever occurs first.
c. The city may approve an application to extend a tentative map or tentative parcel map after the automatic 60-day extension period has expired, so long as the application itself was filed at least 10 days before the original expiration date.
(4) Public notice and hearing. The review authority shall hold a noticed public hearing to consider the requested discretionary extension in accordance with Chapter 18.500 (Public Hearings).
(5) Findings. The review authority may approve a discretionary extension only if all of the following findings can be made:
a. The portions of the general plan, specific plans, the Development Code, and other ordinances of the city applicable to the subdivision have not changed.
b. The character of the site and its surroundings that affect the applicability of the general plan, specific plans, the Development Code, and other ordinances of the city has not changed.
c. The capacity of public services, utilities, and roads serving the project has not decreased.
(6) Conditions of approval. As a condition of the extension of a tentative map or tentative parcel map, the review authority may impose new conditions, or revise existing conditions, on the approved map.
(7) Appeals and calls for review. City decisions on requested extensions may be appealed or called for review in accordance with Chapter 18.510 (Appeals and Calls for Review).
(b) Nondiscretionary extensions.
(1) As allowed by the Map Act, a tentative map or tentative parcel map may be eligible for additional nondiscretionary extensions, including the following:
a. Automatic extensions for phased final maps (Government Code Sections 66456.1, 66452.6(a)(1)).
b. Automatic statutory extensions granted by the State Legislature (Government Code Sections 66452.11, 66452.13, 66452.21, 66452.22, 66452.23, 66452.24).
c. Tolling periods results from a development moratorium or pending litigation (Government Code Sections 66452.6(b)(1), 66452.6(c)).
d. Extensions authorized by a development agreement with the city (Government Code Section 66452.6(a)(1)).
(2) Nondiscretionary extensions requested by an applicant consistent with the Map Act and other applicable law may be approved by the Zoning Administrator without a noticed public hearing.
(Ord. No. 17-9 (Exh. A))
17.10.110 Amendments to approved maps.
Before a parcel map or final map is filed with the County Recorder, an applicant may request amendments to an approved tentative map or tentative parcel map in accordance with this section.
(a) Application. All requests for amendments to an approved tentative map or tentative parcel map shall be filed with the Community and Economic Development Department on an official city application form. The application shall be accompanied by all fees, information, and materials as required by the Department.
(b) Minor changes. The Zoning Administrator may approve minor changes to a tentative map or tentative parcel map without a noticed public hearing if the requested changes comply with the following criteria:
(1) The changes do not increase the number of lots, units or building sites within the subdivision.
(2) The changes are consistent with the spirit and intent of the original tentative map or tentative parcel map approval.
(3) The changes do not involve a feature of the subdivision that was a basis for findings in a negative declaration, mitigated negative declaration, or environmental impact report for the project.
(4) The changes do not involve a feature of the subdivision that was a basis for conditions of approval for the project.
(5) The changes do not involve a feature of the subdivision that was a specific consideration by the review authority in granting the approval.
(6) The changes do not result in any violations of the general plan, applicable specific plan, the Development Code, or other applicable provisions of the Municipal Code.
(c) Substantive changes. Requested amendments to a tentative map or tentative parcel map that do not qualify as a minor change as defined in subsection (b) of this section (Minor changes) shall be processed and considered by the same approving authority for the original map.
(d) Effect of amendments. Approved changes to a tentative map or tentative parcel map shall not be considered as approval of a new map, and shall not extend the time limits provided by Section 17.10.090 (Map expiration), nor extend any rights in compliance with a vesting tentative map.
(e) Recording of amendments. Amendments to a tentative map or tentative parcel map shall be indicated on the approved map and certified by the Zoning Administrator and City Engineer.
(Ord. No. 17-9 (Exh. A))
17.10.120 Appeals and calls for review.
(a) General. City decisions on tentative map or tentative parcel map applications may be appealed or called for review in accordance with Chapter 18.510 (Appeals and Calls for Review).
(b) Appeal bodies.
(1) Tentative maps. Planning Commission decisions on a tentative map application may be appealed to the City Council.
(2) Tentative parcel maps. Zoning Administrator decisions on a tentative parcel map application may be appealed to the Planning Commission.
(Ord. No. 17-9 (Exh. A))
17.10.130 Vesting tentative maps.
(a) Function. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the city’s ordinances, policies, and standards in effect at the time the vesting tentative map application is deemed complete.
(b) When allowed. Whenever this title or the Map Act requires that a tentative map or tentative parcel map be filed, a vesting tentative map may instead be filed.
(c) Procedures – General. The process for application and city review and action on a vesting tentative map is the same as for a tentative map or tentative parcel map except as otherwise provided in this title or in the Map Act.
(d) Preliminary conference.
(1) During the preliminary conference for the vesting tentative map, city staff shall identify any additional informational items which shall be filed with the vesting tentative map to enable the city to adequately examine the vested rights being requested.
(2) Following the preliminary conference city staff shall submit to the applicant a written letter identifying additional requested information.
(e) Identification. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map” or “Vesting Tentative Parcel Map.”
(f) Noted inconsistencies. If the vesting tentative map is for a subdivision whose intended development is inconsistent with the Development Code, this inconsistency shall be noted on the vesting tentative map.
(g) Duration. The rights conferred by a vesting tentative map last for a period of two years after the recording of the final map or parcel map. This period may be extended by the city as allowed by Section 17.10.100 (Map extensions).
(h) Amendments. If the city changes any ordinances, policies, or standards following the approval of a vesting tentative map, the subdivider may at any time prior to the map’s expiration apply for an amendment to the map to secure a vested right to proceed with the amended ordinances, policies, or standards.
(i) Expiration of rights. The rights conferred by an approved vesting tentative map shall expire if a final map or parcel map is not recorded prior to the expiration of the vesting tentative map.
(j) Exceptions. The city may condition or deny a permit, approval, extension, or entitlement in a manner contrary to a vesting tentative map only in the following cases:
(1) 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.
(2) The condition or denial is required in order to fully comply with state or federal law.
(Ord. No. 17-9 (Exh. A))
Article II. Parcel Maps and Final Maps
17.10.140 Purpose.
This article establishes procedures for submittal, review, and action on parcel maps and final maps.
(Ord. No. 17-9 (Exh. A))
17.10.150 When required.
(a) Parcel maps. A parcel map is required for subdivisions of four or fewer parcels (minor subdivisions). Parcel maps are submitted to the city after approval of a tentative parcel map.
(b) Final maps. A final map is required for subdivisions of five or more parcels (major subdivisions). Final maps are submitted to the city after approval of a tentative map.
(Ord. No. 17-9 (Exh. A))
17.10.160 Review authority.
(a) Parcel maps. The City Engineer shall take action on all parcel maps for minor subdivisions. Dedications or improvement agreements associated with a parcel map may be accepted by the City Engineer.
(b) Final maps. The City Council shall take action on all final maps for major subdivisions.
(Ord. No. 17-9 (Exh. A))
17.10.170 Form and contents.
Parcel maps and final maps shall be prepared as required by Government Code Section 66433 and in accordance with requirements specified in the city’s application checklists for parcel maps and final maps.
(Ord. No. 17-9 (Exh. A))
17.10.180 Submittal requirements.
(a) Timing. Final maps and parcel maps shall be filed with the City Engineer before the tentative map or tentative parcel map expires. The expiration of a tentative map or tentative parcel map terminates all proceedings, and no parcel map or final map may be filed without first processing a new tentative map or tentative parcel map. Once a timely filing is made, subsequent actions of the city, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map or tentative parcel map. Delivery to the City Engineer shall be deemed a timely filing for purposes of this section.
(b) Applications. Applications for approval of parcel maps and final maps shall be submitted in accordance with Section 17.05.090 (Application submittal and review) and shall be accompanied by all required fees, information, and materials as specified in the city’s application checklists for parcel maps and final maps.
(Ord. No. 17-9 (Exh. A))
17.10.190 Surveys and monuments.
(a) Survey required.
(1) Final maps and parcel maps shall be based upon a complete, precise, and accurate field survey of the land to be subdivided, prepared by a California-registered civil engineer or land surveyor.
(2) All found monuments, property lines, centerlines of streets, and alleys adjoining or within the subdivision shall be tied into the survey.
(b) Monuments required.
(1) At the time of making the survey for a final map or parcel map, the engineer or surveyor shall set sufficient, durable monuments which conform with California Business and Professions Code Section 8771 so that another engineer or surveyor may readily retrace the survey.
(2) In conjunction with the filing of a final map or parcel map, at least one exterior boundary line shall be monumented. Additional monuments shall be set as required by the City Engineer.
(Ord. No. 17-9 (Exh. A))
17.10.200 Phasing of final maps.
(a) When permitted. Multiple final maps relating to an approved tentative map may be filed if:
(1) The subdivider states in the tentative map application the subdivider’s intention to file multiple final maps; or
(2) After filing of the tentative map, the Planning Commission and the subdivider agree to the filing of multiple final maps.
(b) Separate subdivision numbers. Each final map which constitutes a part of the approved tentative map shall have a separate subdivision number.
(c) Improvement agreements. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to ensure a logical and orderly development of the whole subdivision.
(Ord. No. 17-9 (Exh. A))
17.10.210 City review and approval.
(a) City Engineer review.
(1) The City Engineer, in consultation with the Zoning Administrator, shall review the final map or parcel map for conformance with the approved tentative map or tentative parcel map, conditions of approval, and all applicable requirements of this title and the Map Act.
(2) The subdivider shall make corrections and additions until the map is acceptable to the City Engineer.
(3) The City Engineer shall certify approval of the corrected final map within 20 days of receiving the corrected map, all required certificates and submittals, and any required fees.
(b) Final map approval.
(1) The City Council shall conduct a noticed public hearing to consider approval of a final map within 45 days of its certification by the City Engineer.
(2) The City Council shall approve the final map if it complies with all requirements of this title and the Map Act. At the time of approval, the City Council shall also accept or reject any offers of dedication.
(3) City Council disapproval of a final map shall be accompanied by a finding that identifies the conditions that have not been met.
(c) Parcel map approval.
(1) A parcel map may be approved in full by the City Engineer if it complies with the requirements of the Map Act, this chapter, the tentative parcel map, and all attached conditions of approval.
(2) Dedications or improvement agreements associated with a parcel map may be accepted by the City Engineer.
(d) Recordation. After the city approves a final map or parcel map, the City Engineer shall transmit the map to the County Recorder. The final map or parcel map becomes valid and goes into effect after it is filed by the County Recorder.
(Ord. No. 17-9 (Exh. A))
17.10.220 Corrections and amendments.
A recorded final map or parcel map may be amended to correct errors and omissions in the map or to reflect changed circumstances subsequent to map approval. Amendments may be requested using an amending map or a certificate of correction and shall be approved by either the City Engineer or the Planning Commission depending on the nature of the amendments. Amendments shall be reviewed and approved in a manner consistent with this section and Government Code Sections 66469 and 66472.1.
(a) General. The following applies to requested amendments reviewed by either the City Engineer or the Planning Commission.
(1) Requested amendments shall be submitted to the Department in accordance with Section 17.05.090 (Application submittal and review).
(2) The form and contents of amending maps shall be prepared in accordance with requirements specified in the city’s application checklist for major and minor subdivisions.
(3) Amending maps and certificates of correction shall identify the corrections made, the names of the property owner affected by the correction or amendment, and the date of the filing or recording of the original map.
(4) Amending maps and certificates of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor.
(5) Requested amendments may not impose any additional burden on the property owners and may not alter any right, title, or interest in the property reflected on the recorded map.
(b) Amendments allowed with City Engineer approval. The City Engineer may approve map amendments to correct for errors and omissions as specified in Government Code Section 66469.
(1) Within 20 working days of receiving an application for an amending map or certificate, the City Engineer shall review the submittal for compliance with the requirements of this section.
(2) If the certificate complies, the City Engineer shall endorse a statement on it of examination and certification, and present it to the County Recorder for recordation.
(3) If an amending map or certificate fails to comply with the requirements of this section, the City Engineer shall notify the applicant in writing of the changes needed for compliance.
(4) Within 10 working days of receiving a revised amending map or certificate, the City Engineer shall review the revised submittal for compliance.
(5) Once the amending map or certificate is in compliance, the City Engineer shall present it to the County Recorder for recordation.
(c) Amendments requiring Planning Commission approval. Map amendments to reflect changed circumstances that make map conditions no longer necessary or appropriate may be approved by the Planning Commission in a manner consistent with this section and Government Code Section 66472.1.
(1) Within 30 days of receiving an amending map or certificate, the City Engineer shall examine the certificate of correction for compliance with the requirements of this section.
(2) After the application is deemed complete and a CEQA determination has been made, the requested amendments shall be scheduled for review by Planning Commission at a noticed public hearing.
(3) The Planning Commission may approve the requested amendment if all of the following findings can be made:
a. There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary.
b. The modifications do not impose any additional burden on the property owners.
c. The modifications do not alter any right, title, or interest in the property.
d. The modifications comply with the findings required for approval of a tentative map or tentative parcel map in Section 17.10.080(b) (Findings) can be made.
(4) The Planning Commission shall confine the hearing to consideration of, and action on, the proposed modification.
(d) Recording.
(1) The certified amending map or certificate of correction shall be filed or recorded in the office of the County Recorder.
(2) After accepted and indexed by the County Recorder, the original map shall be deemed to have been conclusively corrected.
(e) Amendment of an approved subdivision.
(1) If an applicant wishes to amend a recorded final map or parcel map in a manner that affects a property right, the applicant must file a new tentative map or tentative parcel map application in compliance with this title.
(2) New maps are required for amendments to the characteristics of an approved subdivision including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements.
(Ord. No. 17-9 (Exh. A))