The following provisions shall govern the review of tentative and vesting tentative maps.
A. Action on Tentative Map.
1. The planning agency shall approve, conditionally approve, extend, or disapprove the map or maps of the proposed subdivision within fifty (50) days after an application for a tentative map has been deemed complete and accepted for filing except as otherwise provided by the Subdivision Map Act. An official copy of the planning agency’s action shall be filed with the tentative map and be reported directly to the subdivider and to the Real Estate Commission of the State of California. If no action is taken upon a tentative map by the planning agency within the time limits specified in this Title or any authorized extension thereof, the tentative map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of this Title, other applicable ordinances and all applicable state laws; and it shall be the duty of the City Clerk or the secretary of the planning agency to certify such approval. This Section shall be inapplicable to extensions of time which are reasonable and required in order to comply with any provision of state law, including the requirements for compliance with the California Environmental Quality Act of 1970, provided, however, if an environmental impact report (EIR) is prepared, the fifty (50) day period specified in this Section shall not be applicable; and the planning agency shall take action upon the tentative map within forty-five (45) days after certification of the EIR. Any revised tentative map or portion thereof filed with the planning agency shall comply with the requirements in effect at the time such revised map is considered by the planning agency.
2. A tentative map shall not be approved in the following cases:
a. In the case of a conversion of residential real property to a condominium project, community apartment project or stock cooperative, the planning agency shall not approve the tentative map unless evidence is provided by the subdivider that proper notification has been given to each of the tenants of the proposed conversion notifying of the subdivider's intent to convert.
b. In the case of a conversion of a stock cooperative or a community apartment project to a condominium, the planning agency shall not approve a tentative map unless evidence is provided by the subdivider, as required by Government Code Section 66452.10, that the required number of owners in the cooperative or project, as specified in the bylaws or other organizational documents, have voted in favor of such conversion.
c. The planning agency shall not approve a tentative map or a parcel map for which a tentative map was not required, if it finds that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 [commencing with Government Code Section 51200] of Division 1 of Title 5) and that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use. For purposes of this Section, land shall be presumed to be in parcels too small to sustain their agricultural use if the land is: (1) less than ten (10) acres in size in the case of prime agricultural land, or (2) less than forty (40) acres in size in the case of land which is not prime agriculture land. For purposes of this Section, agricultural land shall be presumed to be in parcels large enough to sustain their agricultural use if the land is: (1) at least ten (1) acres in size in the case of prime agricultural land, or (2) at least forty (40) acres in size in the case of land which is not prime agricultural. The planning agency may approve a subdivision with parcels smaller than those listed above if the findings in Section 16.12.405.D., along with the other applicable findings, are made or the land within the subdivision is subject to a contract when one of the following has occurred:
(1) The Local Agency Formation Commission has approved the annexation of the land to a City, and the City will not succeed to the contract as provided in Government Code Sections 51243 and 51243.5;
(2) Written notice of non-renewal of the contract has been served prior to March 7, 1985, as provided in Government Code Section 51245;
(3) Written notice of non-renewal of the contract has been served on or after March 7,1985, as provided in Government Code Section 51245, and, as a result of that notice, there are no more than three (3) years remaining in the term of the contract;
(4) The City Council has granted tentative approval for cancellation of the contract as provided in Government Code Section 51282.
3. The approval or conditional approval by the planning agency of any revised or new tentative map shall annul all previous designs and approvals thereof.
4. When modifications in design are conditions of approval of a tentative map, the subdivider shall, at least thirty (30) days prior to the submission of final maps, submit ten (10) copies of the tentative map as modified to the planning agency for distribution to the development review committee representatives.
B. Planning Director Referral. When acting as the planning agency for subdivisions where a tentative and final map are required, the planning officer shall determine, prior to taking an action to approve, conditionally approve, extend or deny the application, that the project is noncontroversial. For the purpose of this Section, “noncontroversial” shall mean: (1) that no member of the development review committee objects to the project or any portion thereof; (2) no specific written request has been received requesting public hearing review of the project from person(s) notified in accordance with the provisions of Chapter 16.12; and (3) in the opinion of the planning director, there has been no substantial objection to the proposed project from members of the public. If the planning director determines the project to be controversial, the project shall be referred to the Planning Commission for action, pursuant to Chapter 16.12.
C. Review of Tentative Maps by Other Agencies. When a tentative map has been properly filed and the subdivider has furnished the required number of copies, the office of planning shall, within three (3) County business days of the filing and review cycle deadline (Saturdays, Sundays and holidays excluded) forward a copy or copies thereof to the following:
1. Fire Marshal, who shall distribute to the appropriate fire jurisdiction;
2. Building Official;
3. District Engineer of the California Department of Transportation and Business and Transportation Agency, State of California, if a federal or state highway is involved;
4. Other public agencies or officers who, as determined by the planning agency, have an interest in the proposed subdivision;
5. Any appropriate public utilities and cable television system.
D. Reports on Tentative Map. Any report or recommendation on a tentative map by the staff of the planning agency or the development review committee to the planning agency shall be in writing and a copy thereof sent to the subdivider, or any tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, at least three (3) days prior to any hearing or action on such map by such planning agency. In the event of failure of any officer, department, municipality, district or agency to report to the planning agency in writing within twenty (20) days after the filing deadline of the tentative map, it shall be deemed that said officer, department, municipality, district or agency has no objections to the proposed map.
1. Wherever possible, the reports and recommendations of reviewing departments shall be uniform in content and form and shall be presented to the planning agency by the chairperson of the development review committee or designee.
2. Required Action in the Case of Waste Discharge Violations. The development review committee shall report to the planning agency as to whether the discharge of waste from the proposed subdivision into an existing community sewer system will result in the violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. In the event that the planning agency finds that the proposed waste discharge would result in or add to violation of the requirements of such board, it may disapprove the tentative map or maps of the subdivision or take such other action as may be permitted by the policies of the City.
E. Expiration of Approval. The initial approval period of an approved or conditionally approved tentative map and any associated development application shall expire twenty-four (24) months after its approval or conditional approval unless an extension is granted as hereinafter provided or as otherwise provided by the Development Code. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no final or parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map.
This initial approval period may be extended in the following circumstances:
1. If the subdivider is subject to a requirement of one hundred thousand dollars ($125,000.00), subject to an inflation adjustment, or more to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map in order to obtain a final map, each filing of a final map that is part of a series of multiple final maps authorized by Section 16.08.040.C. of this Code and Government Code Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map and any associated development project by thirty-six (36) months from the date of its expiration as provided in this Section, or the date of the previously filed final map, whichever is later. Such extensions shall not extend the tentative map more than ten (10) years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 of the Government Code may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps which may be filed shall be determined by the planning agency at the time of the approval or conditional approval of the tentative map. It shall be the responsibility of the developer to notify the office of planning of the filing of the final map so that appropriate arrangements may be made to document such extension.
“Public improvements,” as used in this Section, includes traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities and lighting facilities.
2. This period of time shall not include any period of time during which a moratorium, imposed after approval of the tentative map, is in existence, provided however that the length of the moratorium does not exceed five (5) years.
Once a moratorium is terminated, the map shall be valid for the same period of time as that which remained of the map approval period at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty (120) days, the map shall be valid for one hundred twenty (120) days following the termination of the moratorium.
3. In addition, this period of time, including any extension granted pursuant to Subsection F. 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 if a stay of the time period is approved by the County pursuant to this Section. Within ten (10) days of the service of the initial petition or complaint in the lawsuit upon the County, the subdivider may apply to the County for a stay pursuant to the County’s adopted procedures. Within forty (40) days after receiving the application, the County shall either stay the time period for up to five (5) years or deny the requested stay.
F. Time Extensions on Approved Tentative Maps and/or any Related Development Applications. The planning director may approve extensions of time for a period or periods not exceeding a total of thirty-six (36) additional months unless otherwise provided by the Development Code. Any application of a subdivider for such extension of time shall be made in writing to the planning director not less than thirty (30) days prior to the expiration date. Such extension of time is subject to an extension fee as found in the City fees resolution. If the final map is not recorded within the approved extension, then the subdivision must be refiled in accordance with all provisions of this Title.
G. Withdrawal of Tentative Maps. Any subdivider or record owner of property upon which a tentative map has been filed may withdraw such map at any time period prior to the recordation of the final map thereof. Notice of such withdrawal shall be made in writing to the planning agency. Refund in filing fees for any such map withdrawn shall be made in accordance with the City fee resolution.
H. Appeal by Subdivider.
1. The subdivider, or any tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project or any interested person, may appeal any action of the planning department with respect to a tentative map. Any such appeal shall be filed with the planning department for an action taken by the planning director, or with the City Clerk for an action taken by the Planning Commission in accordance with Chapter 16.12. Such appeal shall be filed within ten (10) days after the action of the planning agency from which the appeal is being taken.
2. After the filing of an appeal, the appeal body shall set the matter for public hearing. Such hearing shall be held within thirty (30) days after the date of a request filed by the subdivider or the appellant. Notice of the public hearing shall be as required for any other Planning Commission or City Council action in which the reviewing authority hears public testimony for and against the land use proposal, reviews evidence and renders its decision in connection with a land use approval. Within ten (10) days following the conclusion of the hearing, the appeal hearing body shall render its decision. The decision of the appeal hearing body shall comply with the provisions of this Title and shall include all findings required by this Title. If the appeal hearing body fails to act upon an appeal within the time limit specified in this Title, the action of the planning agency shall be deemed to be upheld; and it shall be the duty of the secretary of the Planning Commission or the City Clerk, whichever body has heard the appeal, to certify such action. The fee for filing of an appeal shall be established in the City’s fee schedule.