Loading...
A. Pre-Application Conference. Before submitting a tentative map application, the prospective subdivider, or agent, is strongly encouraged to request a pre-application conference with the department to obtain information and guidance pertaining to city requirements before preparing maps, surveys, and other required data. Neither the pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval or disapproval by the city representative(s). A fee may be imposed for the pre-application conference, as contained in the council's fee resolution, in compliance with Chapter 16.48 (Application Filing, Fees).
B. Determination of Completeness. The tentative map application shall be filed with the department. The application shall be determined by the department to be complete only when the content and form of the tentative map conform to the requirements of Section 16.94.030, and all fees and/or deposits, in compliance with Chapter 16.48 (Application Filing, Fees), have been submitted and accepted by the department. The subdivider shall file, with the department, the number of tentative maps the department deems necessary.
C. Notice to Public Agencies, Utilities, and City Departments. The department shall forward copies of the tentative map to the affected public agencies, and utilities, and city departments, including but not limited to the City Engineer, Fire Department, Police Department, Building and Safety, and Community Services, which may, in turn, forward to the Development Services Department their findings and recommendations. Public agencies and utilities shall certify that the proposed subdivision can be adequately served.
D. Notice of Filing. Within ten days of the filing of a complete tentative map application, the department shall send a notice of the filing of the application to the affected school district, in compliance with state law.
(Ord. 556 § 27, 2020; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
A. Director's Determination. At the time an application is filed with the department, the director shall deter-mine whether or not the department is able to meet the required time limits for reporting and acting upon the application.
B. Extensions. Applicable time limits for acting on the tentative map application may be extended by mutual written consent of the subdivider and the city, in compliance with state law.
C. Waiver. A waiver of application time limits may be required by the department to permit concurrent processing of related project approvals or an environmental review on the same development project.
(Ord. 182 § 2 (part), 1997)
A. Notice of Public Hearings - Tentative Tract Maps and Commercial/Industrial Maps. Upon receipt of a complete tentative map application, the department shall prepare a written report with recommendations. The department shall schedule the matter for a public hearing before the Planning Commission for tract maps and commercial/industrial parcel maps, in compliance with Chapter 16.76 (Public Hearings). A copy of the department report shall be provided to the subdivider at least three days before the public hearing at the address designated on the application.
B. Action. The Commission shall approve, conditionally approve, or disapprove the tentative map within the time limits identified in state law after the tentative map application has been determined by the department to be complete.
C. No Action. If not action is taken upon a tentative map by the Commission to approve, conditionally approve, or disapprove the tentative map, or by the council, within the time limits identified in state law, or an authorized extension thereof, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of state law and this development code. The city clerk shall certify the approval, in compliance with state law (Government Code Section 66452.4).
D. Findings.
1. Approval. The tentative map may be approved or conditionally approved by the commission if it finds that the proposed subdivision, together with the provisions for its design and improvements are in conformance with the general plan, any applicable specific plan or master development plan, and all applicable provisions of this development code.
2. Disapproval. The tentative map may be disapproved by the commission based on any of the findings contained in the subdivision map act or this development code. The commission shall disapprove the tentative map if it makes any of the following mandatory findings of fact, in compliance with state law (Government Code Section 66474):
a. The proposed map, design or improvement is not consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plans, as specified by state law (Government Code Section 65451);
b. The site is not physically suitable for the type or density of development proposed;
c. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
d. The design of the subdivision or type of improvements is likely to cause serious public health problems; or
e. The design of the subdivision of the type of improvements would conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision.
E. Payment of Fees. The commission may require as a condition of approval, that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of a building permit shall be made at the rate for applicable fees in effect at the time of the application or issuance of the building permit.
(Ord. 556 § 28, 2020; Ord. 544 §§ 44, 45, 2019; Ord. 367 § 7 (part), 2006; Ord. 182 § 2 (part), 1997)
A. Date of Expiration. The approval or conditional approval of a tentative map shall expire within the maximum initial time limits specified in the subdivision map act or twenty-four (24) months following the date the decision of approval is rendered by the director or commission, whichever is greater. However, the map may be extended if the subdivider has complied with state law. An extension to the expiration date may also be approved in compliance with Section 16.94.100 (Extensions—"Time Limit of Extensions").
B. Stay of Time. The period of time outlined in Subsection A., above 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 only if a stay of the time period is approved by the council. After service of the initial petition or complaint upon the city, the subdivider shall, in writing to the director, request a stay in the time period of the tentative map. Within forty (40) days after receiving the request, the council shall either stay the time period for up to five years or disapprove the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the council shall render its decision.
C. Development Moratorium. The period of time outlined in subsection A, above shall not include any period of time during which a development moratorium is in effect in compliance with state law (Government Code Section 66452.6).
D. Termination. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all, or a portion, of the real property included within the tentative map shall be filed without first processing a new tentative map.
(Ord. 544 § 46, 2019; Ord. 367 § 7 (part), 2006; Ord. 182 § 2 (part), 1997)
A. Request by Subdivider. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the department. The application shall be filed before the map is to expire and shall state the reasons for requesting the extension. The subdivider shall be solely responsible for filing the application.
B. Director's Action. In approving, conditionally approving, or disapproving the request for extension, the di-rector shall make findings of fact in support of the decision.
C. Conditions of Approval. In granting an extension, new conditions or exactions may be imposed and existing conditions may be revised, as deemed appropriate and necessary by the director, in order to support the findings identified in Section 16.94.080(D) (Findings) and Section 16.94.140
(E) (Director's Decision on Residential Tentative Parcel Maps).
D. Time Limit of Extensions. The maximum number of years that a tentative map may be extended shall not exceed six (6) from the original expiration date of the map unless otherwise specified in the subdivision map act. Each extension of time granted may not exceed a total of three (3) years.
E. Development Fees. The subdivider shall pay any increase in applicable development fees which have occurred since the original date of the approval or conditional approval of the tentative map.
(Ord. 556 § 29, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 182 § 2 (part), 1997)
A. Minor Amendments. Minor amendments to the approved tentative map or conditions of approval may be granted by the director upon written application by the subdivider or on the director's own initiative, provided:
1. No Additions. Parcels, units, or building sites are not added;
2. Consistent With Original Map. The proposed changes are consistent with the intent ofthe original tentative map approval; and
3. No Violations. There are no resulting violations of the subdivision map act, or this development code. The amendment shall be indicated on the approved or conditionally approved tentative map and certified by the director.
B. Major Amendments. Amendments to the tentative map or the conditions of approval which, in the opinion of the director, are not minor, shall be presented to the commission for its approval. Processing shall comply with the provisions for processing a new tentative map, in compliance with Section 16.94.050 (Application Filing and Department Review), above. An approved amendment shall not alter the expiration date of the tentative map.
(Ord. 544 § 47, 2019; Ord. 182 § 2 (part), 1997)
Loading...