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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)
An action or proceeding to annul, attack, review, set aside or void the decision of the city concerning a subdivision, or of any of the proceedings, acts or determinations taken, done or made before the decision, shall not be maintained by any person unless the action or proceeding is commenced and service of summons effected within ninety (90) days after the date of the decision, in compliance with state law (Government Code Section 66499.37).
(Ord. 182 § 2 (part), 1997)
The commission may require, as a condition of approval, that the subdivider defend, indemnify. and hold harm-less the city from any action, claim or proceeding brought against the city within the time period identified in Section 16.94.120 (Judicial Review) above, in compliance with state law (Government Code Section 66474.9).
(Ord. 182 § 2 (part), 1997)
A. Authority to Approve or Deny a Residential Tentative Parcel Map.
1. The Planning Commission shall retain the authority to approve, conditionally approve or disapprove a Residential Tentative Parcel Map application if an application is referred for their review or if a public hearing as described under Section 16.94.140.C (Director's Decision on Residential Tentative Parcel Maps) is requested.
2. The director shall have the authority to approve, conditionally approve or disapprove all other applications for a Residential Tentative Parcel Map, and for these applications, the City Council assigns its responsibilities under Government Code Sections 66473.5, 66474, 66474.1 66474.6, 66474.7 to the Director.
3. The director shall serve as the environmental review officer and shall make decisions for implementing Residential Tentative Parcel Maps in compliance with CEQA unless the map is referred to the Planning Commission for further consideration, pursuant to Section 16.01.040 (Relationship to California Environmental Quality Act). Preliminary noticing shall be provided pursuant to CEQA requirements. If the Residential Tentative Parcel Map application is referred to the Planning Commission for further consideration, the commission would be designated as the environmental review decision body for CEQA.
4. For Residential Tentative Parcel Maps that may have special community impacts or other unique circumstances, the director may refer the application to the commission for decision. Noticing for would be provided pursuant to Chapter 16.76 (Public Hearings).
B. Review.
1. The director shall review each Residential Tentative Parcel Map application filed pursuant to this chapter. If applicable, the director shall prepare a written report for the commission describing the proposed use for which the commission makes the decision and extent of "improvements," as that term is defined in Government Code section 66419, in which the subdivider will be required to install or that will be required to serve the land to be subdivided.
2. The director shall transmit copies of the map with accompanying information and request a written recommendation on the application to the entities as described under Section 16.94.50.C. (Notice to Public Agencies) These entities shall make a recommendation to approve, conditionally approve, or disapprove Residential Tentative Parcel Maps within the Director's authority in pursuant to the procedures specified in Section 16.094.140.C. (Director's Decision on Residential Tentative Parcel Maps) Section 16.094.140.D (Disapproval of Tentative Residential Parcel Maps) Section 16.094.140.F (Payment of Fees) Section 16.094.140.G (Conditions & Post Approval).
C. Director's Decision on Residential Tentative Parcel Maps.
1. Notice of Intent to Approve or Deny. For a Residential Tentative Parcel Map application within the director's approval authority, the director shall provide notice that identifies that a decision will be made to approve, conditionally approve or disapprove the Residential Tentative Parcel Map by the director, and the corresponding CEQA determination, pursuant to the following requirements:
a. The notice shall provide that any person notified may submit written comments on the application no later than 10 days after the date of the notice.
b. The notice shall specify that an individual can request a public hearing at the Planning Commission no later than 10 days after the date of the notice.
c. The applicant, and or subdivider, can request a public hearing at the Planning Commission for review of the decision, or if the decision is for denial, no later than 10 days after the date of the notice.
e. This notice shall also be provided to appropriate City Departments.
f. If the last day to file a request for a public hearing falls on a legal holiday recognized by the city or on a Saturday or Sunday, the following business day shall be deemed the last day to file the request.
2. Notice of Public Hearing. If the director receives a timely filed written request for a public hearing or review of the director's decision, the director shall schedule a public hearing with the Planning Commission and shall provide public notice pursuant to Chapter 16.76 (Public Hearings), notify the applicant and/or subdivider, any interested parties, and appropriate City departments and agencies of the date, time and location of the hearing.
3. Approval. If the director's decision is to approve the Residential Tentative Parcel Map, the director shall include the appropriate findings and conditions as described within Section 16.94.140.G (Conditions and Post Approval), the City's Municipal Code and State law to the applicant and/or subdivider.
3. Denial. If the director's decision is to disapprove the Residential Tentative Parcel Map, the decision shall include the reason for the disapproval. Refer to Section 16.94.140.D (Disapproval of Tentative Residential Parcel Maps) for the specific criteria. Furthermore, the applicant can request a public hearing at the Planning Commission for review of the decision.
4. Notice of Decision. In the event no person makes a written request for review within the time prescribed in 16.94.140.C.1 (Notice of Intent to Approve or Deny), or files an appeal as prescribed under 16.94.140.C.5 (Tentative Map and CEQA Appeal), after the decision date, the decision shall become final. The director shall provide a final notice of approval or disapproval with the corresponding CEQA determination to the applicant, any interested parties, and appropriate City departments.
5. Tentative Map and CEQA Appeal. Residential Tentative Parcels Maps as reviewed by the director or by the Planning Commission shall be subject to appeal provisions as described within Section 16.78 (Appeals).
D. Disapproval of Residential Tentative Parcel Maps.
1. The Director shall disapprove a Residential Tentative Parcel Map under any of the following circumstances in compliance with state law (Government Code Section 66474):
a. The subdivision proposes to create five or more lots, exclusive of a designated remainder parcel.
b. 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);
c. The site is not physically suitable for the type or density of development proposed;
d. 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;
e. The design of the subdivision or type of improvements is likely to cause serious public health problems; or
f. 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. No Action. If no action is taken upon a tentative residential parcel map by the decision maker to approve, conditionally approve, or disapprove the Residential Tentative Parcel Map within the time limits identified in state law, or an authorized extension thereof, the Residential Tentative Parcel 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).
F. Payment of Fees. The decision maker 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.
G. Conditions & Post Approval. The decision maker shall have the authority to impose reasonable and necessary conditions and improvements as described pursuant to Article V (Subdivisions) and the Subdivision Map Act.
(Ord. 556 § 30, 2020)