(A) When required. A tentative map shall be submitted for subdivisions for which a parcel map or tract map is required by the Subdivision Map Act. The requirements set forth in this section shall apply to all applications for tentative parcel and tract maps.
(B) Application and filing fees required.
(1) An application shall be filed on forms provided by the City Planner. Such application shall be accepted for filing by the City Planner only upon payment by the applicant of a filing and processing fee in a sum set by resolution of the City Council. An applicant may, in writing, withdraw the application at any time during the processing of the same. However, in accordance with adopted city policy, any refund of any of the filing and processing fees paid in connection with the application may occur on a pro-rated basis.
(2) Within 30 days of receiving an application and the application filing fee, the City Planner shall inform the applicant in writing whether the application is deemed complete for the purpose of Cal. Gov’t Code Title 7, Div. 2, Ch. 4.5 (commencing with § 66498.1).
(C) Submission of tentative maps.
(1) Submission of a tentative map shall not constitute filing with the city until all attachments and required statements, instructions, environmental forms and clearances, and a completed application form with appropriate fees are deposited with the City Planner and a written receipt is provided to the applicant. Included with the application shall be a signed statement indicating whether the project site is located on a site included on any of the local lists prepared by the California Integrated Waste Management Board pursuant to Cal. Gov’t Code §§ 65962.5(d) and (f).
(2) For tentative maps proposing the subdivision of real property for the purposes of residential development for five or more dwelling units, the applicant shall also provide architectural renderings of the units, as specified on applicable application forms.
(3) The subdivider shall file with the City Planner the number of tentative maps the City Planner shall deem necessary, together with evidence as to the ownership of the land proposed to be divided.
(4) Failure to submit all materials and statements required by this chapter shall constitute grounds for rejection of the application.
(5) Upon accepting a complete tentative map application, the City Planner immediately shall forward copies of the application to all affected agencies and city divisions for review and comment.
(D) Environmental review. The City Planner, upon receipt of each tentative map application, shall conduct an environmental analysis pursuant to the requirements of the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.). If a draft environmental impact report is required, the application for tentative map approval shall not be considered completed until an environmental impact report is ready for presentation to the advisory agency.
(E) Planning Commission action specific to tentative maps and parcel maps.
(1) The Planning Commission shall approve, conditionally approve or deny a parcel map or tentative map application within 60 days from the date of adoption by the lead agency of a negative declaration or determination that the project is exempt from the California Environmental Quality Act, or if an environmental impact report is required, within 180 days after certification of the final environmental impact report, as defined by the California Environmental Quality Act.
(2) The Planning Commission shall hold a noticed public hearing on a parcel map and a tentative map; notice of such public hearings shall be given in the manner required by the Subdivision Map Act. In the absence of a timely filed written appeal, the decision of the Planning Commission shall be final and conclusive.
(F) Appeals.
(1) Any person dissatisfied with an interpretation or action of the Planning Commission may appeal such action to the designated City Council. Appeals shall be filed within ten days following the date of determination or action for which an appeal is made and shall be accompanied by a filing and processing fee, as determined by resolution of the City Council. All appeals shall be in writing, identifying the action being appealed and specifically stating the basis or grounds of the appeal.
(2) Prior to an action of the Planning Commission becoming final, the City Council may elect to review, de novo, the decision. The determination by the City Council shall be deemed an appeal from such decision.
(3) Upon the filing of an appeal or City Council action to review the decision, a noticed public hearing shall be held expeditiously. Notices of the public hearing shall be given as required by the Subdivision Map Act. Following the conclusion of the hearing, the City Council shall expeditiously render its decision affirming, modifying or disapproving the determination of the Planning Commission.
(G) Extension of processing time limits. The time limits for acting on maps and associated appeals, as specified in this chapter and by the Subdivision Map Act, may be extended by mutual consent of the applicant and the city. A waiver of time limits may be required as a condition of accepting an application for, or processing of, maps for the purpose of permitting concurrent processing of related approvals and/or an environmental analysis.
(H) Time extensions for approved tentative maps.
(1) Requests for time extensions for the filing of final maps relating to approved tentative maps, as permitted by the Subdivision Map Act, shall be submitted to the City Engineer not less than 30 days before the map is due to expire. The City Engineer shall review the request and act to either approve or deny the extension. The aggregate period of time for all extensions shall not exceed the limits established by the Subdivision Map Act. If the City Engineer denies an application for a time extension, the subdivider may appeal to the Planning Commission within ten days after the effective date of the denial of the extension.
(2) If a lawsuit has been filed and is pending in a court of competent jurisdiction affecting the validity of the approval or conditional approval of a tentative map, the subdivider may apply to the city within ten days of the service of the initial petition or complaint upon the city for a stay of the time in which a map will expire. Within 40 days after receiving the request, the City Engineer shall stay the map’s expiration date until final conclusion of the action, if the action affects the validity of the tentative map approval.
(I) Amendments to approved tentative maps.
(1) Minor changes to an approved tentative map or to an approved parcel map may be approved by the City Planner upon written application by the subdivider, provided that:
(a) No lots are added, deleted or substantially altered;
(b) No proposed building locations are substantially altered;
(c) Such changes are consistent with the intent and spirit of the original tentative map approval; and
(d) There are no resulting violations of this chapter, the Subdivision Map Act or other applicable laws.
(2) Minor changes are defined to be such revisions as adjusting lot line locations or moving planned driveway locations, provided such revisions are consistent with the provisions of subparagraph 1 of this section.
(3) Changes other than minor changes to tentative maps or approved parcel maps shall be processed in the same manner as the application for the original approval. An approved amendment shall not effect the expiration date of the tentative map approval, nor extend any right pursuant to a vesting tentative map.
(4) All amendments shall be indicated on the approved map and certified by the City Planner and City Engineer.
(J) Waiver of parcel: when permitted and requirements.
(1) Pursuant to § 66428(b) of the Subdivision Map Act, the City Planner may waive the requirement for a parcel map if the City Planner finds that the proposed division of land complies with the requirements of this chapter and the Subdivision Map Act and in particular, that the proposed division of land meets the minimum requirements imposed on land divisions with regard to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements imposed by this chapter and the Subdivision Map Act. The City Planner shall prepare written findings to document the parcel map waiver.
(2) Such waiver may in particular apply to the construction of a commercial or industrial condominium project on a single parcel, provided that such division of land and meets the minimum requirements of this chapter (specifically § 152.18 of this chapter) and the Subdivision Map Act.
(3) A parcel map waiver may be conditioned to ensure compliance with the provisions of this chapter.
(4) In any case where the requirement for a parcel map is waived by the City Planner, a tentative map, at the discretion of the City Planner, may be required.
(Ord. 1346, passed 5-2-12)