Chapter 17.16
MAPS – GENERAL PROCEDURAL REQUIREMENTS
Sections:
17.16.010 Regulations generally.
17.16.020 Summary of types of maps.
17.16.040 Designated remainder.
17.16.050 Public hearings – When required.
17.16.060 Public hearings – Notice.
17.16.090 Time limit extensions.
17.16.100 Consolidation of applications.
17.16.200 Review by other agencies.
17.16.010 Regulations generally.
Each subdivision created in the city shall conform to the regulations in this title. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.16.020 Summary of types of maps.
A. Tentative and Final Maps – Major Subdivisions. A tentative and final map are required for a major subdivision; that is, a division of land proposed to be divided into five or more parcels (including five or more condominiums, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units) as determined by the department. (Government Code Section 66426.)
However, a tentative and parcel map (but not a final map) are required for a major subdivision where:
1. The land before the division contains fewer than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the city council; or
2. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or
3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city council as to street alignments and widths; or
4. Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section; or
5. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Government Code Section 66418.2.
B. Tentative and Parcel Maps – Minor Subdivisions. A tentative and parcel map are required for a division listed in subsections (A)(1) through (5) of this section and all minor subdivisions; that is, a division of land into four or fewer parcels, except that maps are not required for:
1. The subdivision of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the State Public Utilities Code, which is created by a short-term lease terminable by either party on not more than 30 days’ notice in writing; (Government Code Section 66428.)
2. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made by the department in individual cases, upon substantial evidence, that public policy necessitates a parcel map;
3. A lot line adjustment approved by the city engineer under PMC 17.04.050; (Government Code Section 66412(d).)
4. Parcel maps waived by the city engineer under PMC 17.04.060. (Government Code Section 66428.)
C. Vesting Tentative Map. Whenever this title requires the filing of a tentative map, the subdivider may file a vesting tentative map instead. The procedures for and rights of a vesting tentative map are set forth in PMC 17.20.090. (Government Code Sections 66424.5, 66452.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.16.030 Reserved.
[Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.16.040 Designated remainder.
A. A subdivider of unimproved land may designate as a remainder that portion that is not divided for the purpose of sale, lease or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required. (Government Code Sections 66424.6, 66434(e).)
B. For a designated remainder parcel, the fulfillment of construction requirements for improvements is not required until a permit or other grant of approval for development of the remainder parcel is issued by the city or until the construction of the improvements is required under an agreement between the subdivider and the city. In the absence of an agreement, the city may require fulfillment of the construction requirements within a reasonable time following approval of the final map and before the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the city that fulfillment of the construction requirements is necessary for reasons of:
1. The public health and safety; or
2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.
C. If a designated remainder is subsequently sold, the subdivider or the owner must obtain a certificate of compliance or conditional certificate of compliance. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.16.050 Public hearings – When required.
A. The planning commission shall hold a public hearing on the tentative map, or tentative map recommendation, for a major subdivision for which a final map will be filed and for a minor subdivision for which a parcel map will be filed.
B. If a decision regarding a subdivision is appealed from the planning commission to the city council, or the city council is considering the recommendation of the planning commission, the city council shall hold a public hearing. [Ord. 15-1396 § 4, 2015; Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.16.060 Public hearings – Notice.
Unless otherwise specified in this title, notice of a public hearing shall be given as set forth in this section. (Government Code Sections 66451.3(a), 65090, 65091.)
A. When. Notice shall be given at least 10 days before the hearing.
B. Contents. The notice shall include the date, time and place of the hearing, the identity of the hearing officer or body, a general explanation of the matter to be considered, and a general description by text or diagram of the location of the property. The notice shall also include the following:
If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (planning commission or city council) at, or prior to, the public hearing.
(Government Code Sections 65094, 65009(b)(2).)
C. Manner.
1. Notice shall be given in the manner required by Government Code Sections 65090 and 65091 that is summarized as follows:
a. Publication once in a newspaper of general circulation;
b. Mailing or delivery to the property owner and project applicant;
c. Mailing or delivery to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project; and
d. Mailing or delivery to all owners of real property within 300 feet of the property. If the number of owners exceeds 1,000, the city may instead publish notice of at least one-eighth page in a newspaper of general circulation.
2. In addition, the city may give notice in any other manner it deems necessary or desirable.
3. If the proposed project is a conversion of residential real property to a condominium, community apartment, or stock cooperative, notice shall be given to each tenant of the property. (Government Code Sections 66451.3, 66452.5(e).)
D. Continued Hearings. A public hearing may be continued from time to time and, if continued to a specific date, time and place, no new notice is required. (Government Code Section 65095.)
E. Appeal or Request for Modification. If a decision under this title is appealed or if a subdivider requests a change in a condition of approval either before or after a parcel or final map is filed, notice of the appeal or request shall be given in the same manner described in this section.
F. Staff Reports. A report of recommendation on a tentative map by the city staff shall be in writing and provided to the subdivider, the public, and to each tenant in the case of a proposed condominium, community apartment project or stock cooperative, at least 10 days before any hearing or action.
G. Costs. The subdivider is responsible for the costs incurred in giving proper notice. (Government Code Sections 66451.3(c), 66452.3.)
H. Substantial compliance with these notice requirements is sufficient. A technical failure to comply shall not affect the validity of any action taken according to the procedures in this title. (Government Code Section 65093.) [Ord. 15-1396 § 5, 2015; Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.16.070 Appeals.
A. A decision by a city staff member under this title may be appealed to the planning commission. A decision by the planning commission under this title may be appealed to the city council. A decision by the city council is final. (Government Code Section 66452.5.)
B. The subdivider or other interested person may file an appeal by filing written notice with the city clerk, within 10 days after the action is taken, stating the reasons for the appeal.
C. Amended during 2007 recodification. [Ord. 15-1396 § 6, 2015; Ord. 09-1315 § 3 (Exh. A), 2009; amended during 2007 recodification; Ord. 962 § 2 (Exh. A), 1989.]
17.16.080 Fees.
An applicant submitting a map to the city under this chapter shall pay all processing fees and deposits established by resolution of the city council. The fees may not exceed the amount reasonably required to administer this title. (Government Code Sections 66451.1, 66451.2, 66451.3, 66451.6, 54990, 54992, 65962.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.16.090 Time limit extensions.
The time limits specified in this title and the Subdivision Map Act for reporting and acting on maps may be extended by mutual consent of the subdivider and the person or body required to act. However, the city may not require a routine waiver of time limits except as necessary to permit concurrent processing of related approvals or an environmental impact report on the same project. (Government Code Section 66451.1.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.16.100 Consolidation of applications.
An applicant may request that two or more applications for separate discretionary approvals, including zoning amendments under PMC Title 18, requested or required in conjunction with a project be consolidated. The findings and decisions for each approval must be considered individually. However, for the purpose of discretionary action, these multiple approvals constitute one project, and the city council shall consider the recommendation of the planning commission to approve, conditionally approve, or deny tentative maps where the tentative map application is consolidated with other approvals which are subject to the final approval of the city council. [Ord. 15-1396 § 1, 2015.]
17.16.200 Review by other agencies.
A. Agency within Three Miles. A local agency within three miles of a proposed subdivision may make recommendations to the city regarding a tentative map if it does so within 15 days after receipt of the map. A local agency that desires to make such recommendations shall file with the city written request and map indicating the territory in which it wishes to make such recommendations. (Government Code Section 66453.)
B. State Department of Transportation. The State Department of Transportation may make recommendations regarding a tentative map if the proposed subdivision is within one mile of a state highway routing if the recommendations are submitted to the city within 15 days after receiving a copy of the map. (Government Code Section 66455.)
C. School Districts.
1. Within five days of a tentative map application being determined to be complete, the city shall send a notice of the filing to the governing board of any affected elementary, high school, or unified school district. The notice shall contain information about the location, number of units, density, and other relevant information. (Government Code Section 66455.7.)
2. If it does so within 15 working days after the notice was mailed, the board may submit to the city a report and recommendation regarding the proposed subdivision and its impact on the school district. Failure to respond is considered approval. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]