Highlighted below: 13 of 13 extracted standards. Sections and highlights carry their own anchors.

Chapter 1 - SUBDIVISIONS#

Sections:#

9000 - Name.#

This Chapter shall be referred to as "the City of Port Hueneme Subdivision Regulations."

9001 - Purpose.#

The provisions of this Chapter are intended to supplement and implement the Subdivision Map Act for the purpose of regulating the design and improvement of divisions of land within the city.

9002 - Definitions.#

For the purpose of this Chapter, certain words and phrases are defined and shall be construed as set forth in this section unless it is apparent from the context that a different meaning is intended.

(a) "Advisory Agency." The Development Review Committee, established pursuant to Section 10351 of this Code, is designated as the Advisory Agency for the purpose of this Article;

As to tract maps and parcel maps which are filed in conjunction with zone variance applications or conditional use permit applications, the Planning Commission is hereby designated as the Advisory Agency;
As to parcel and tract maps which are filed in conjunction with zone change applications, the Planning Commission is hereby designated as the Advisory Agency, but shall only be empowered to recommend approval, conditional approval or denial, to the Council, which body shall finally act upon such maps.

(b) "Appeal Board." The Council is designated as the Appeal Board.

(c) "Environmental Analysis" means an analysis conducted pursuant to the provisions of the California Environmental Quality Act, Section 21000 et seq., of the Public Resources Code.

(d) "Final Tract Map" means a final map showing a subdivision of five or more parcels prepared in accordance with the provisions of this Chapter and the Subdivision Map Act and in a manner to be filed in the office of the county recorder.

(e) "Parcel Map" means a map prepared in accordance with the provisions of this Chapter and the Subdivision Map Act and in a manner to be recorded in the office of the county recorder.

(f) "Subdivision Map Act ('Act')" means Section 66410 et seq., of the Government Code of California.

(g) "Tentative Map" means a map showing the design and improvements of a proposed division of land and the existing conditions in and around it.

(h) "Zoning Regulations" means the Zoning Regulations of the City as set forth in Article X.

(Ord. 579 § 5 (1), 1992)

9003 - Application.#

No person shall divide any real property for the purpose of sale, lease or financing except in compliance with the provisions of this Chapter and/or the Act.

This Chapter shall apply to all divisions of land, except those exempted by Sections 66412, 66412.1, 66412.2 and 66412.5 of the Act. In the event of divisions of land which are not subject to this Chapter and/or the Subdivision Map Act, a Certificate of Compliance shall be issued therefor in a form prescribed by the Director of Community Development.

9004 - Responsibilities.#

(a) Advisory Agency. The Advisory Agency shall have the duty of making investigations and reports on the design and improvement of proposed divisions of real property and imposing requirements and conditions thereon, and shall have the authority to approve, conditionally approve or disapprove parcel maps and tentative maps, except that as to parcel and tract filed in conjunction with zone change applications, the Council shall finally approve or conditionally approve, or disapprove such a map.

(b) Appeal Board. The Appeal Board shall hear and determine appeals from decisions of the Advisory Agency with respect to parcel maps and tentative maps.

(1) Establishing design and construction details, standards and specifications;

(2) Accepting tentative maps for approval and distributing tentative maps to appropriate agencies and City divisions;

(3) Determining whether proposed subdivision improvements comply with the provisions of this Chapter and the Subdivision Map Act;

(4) Processing and certifying final maps, reversion to acreage maps and amended maps;

(5) Processing and approving subdivision improvement plans, boundary line adjustments, mergers and certificates of compliance;

(6) Examining and certifying that final maps are in substantial conformance with the approved tentative map;

(7) Inspecting and approving of subdivision improvements;

(8) Accepting dedications and improvements for subdivisions of less than five (5) parcels;

(9) Certifying completion of private improvements not to be maintained by the City.

(d) Director of Community Development. The Director of Community Development shall be responsible for:

(1) Investigating proposed subdivisions for conformity to the General Plan, applicable specific plans and Zoning Regulations of the City and reviewing tentative maps with the Public Works Director; and

(2) Conducting environmental analyses related to proposed subdivisions pursuant to the California Environmental Quality Act.

(Ord. 579 § 5 (2), 1992)

9005 - Improvements and design.#

(a) Improvements. No subdivision shall be approved unless those on-site and off-site improvements which are found by the Public Works Director to be reasonably necessary to service the lots being created, are constructed or guaranteed to be constructed by the subdivider, which include, but not limited to, the following improvements:

(1) An adequate domestic water distribution system designed and constructed to service each lot proposed to be created§; and

(2) An adequate sewage system designed and constructed to serve each lot proposed to be created§; and

(3) An adequate storm water drainage system designed and constructed to serve each lot proposed to be created§; and

(4) An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created§; and

(5) Adequate systems designed, and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, CATV and telephone services§; and

(6) An adequate traffic regulatory system including necessary traffic signals, signs, pavement markings and strippings§; and

(7) Any and all other improvements found necessary by the Advisory Agency and/or the Appeal Board to provide all services to each lot proposed to be created.

(b) Design. The design of the subdivision shall conform to this Code, generally accepted engineering standards and to such standards as required by the Advisory Agency and/or the Appeal Board, including, but not limited to, plans for grading and erosion control.§

(c) Reimbursement for Supplemental Improvements. The City may require that improvements installed by a subdivider for the benefit of the subdivision shall contain supplemental size, capacity or number for benefit of property not within the subdivision, and that such improvements be dedicated to the public. If improvements containing supplemental size, capacity or number are required to be installed, the City shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. Any such reimbursement agreement shall be funded, exclusively, in the manner described and contemplated in the Act.

(d) Time for Construction of Improvements on Subdivisions of Less Than Five Parcels and Designated Remainder Parcels. The time of fulfillment of construction requirements for improvements for subdivisions of less than five parcels and on designated remainder parcels as defined in Section 66424.6 of the Government Code may be established by agreement between the City and the subdivider. In the absence of such an agreement, fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development is issued by the City, or within a reasonable time following approval of the final parcel map or tract map and prior to the issuance of a permit and other grant of approval for development upon a finding by the City that fulfillment of the construction requirements is necessary for the public health and safety or is a necessary prerequisite to the orderly development of the surrounding area.

9006 - Tentative parcel maps and tract maps.#

A tentative map shall be submitted for subdivisions for which a parcel map or Tract Map is required by the Act. The following requirements shall apply to all applications for tentative parcel and tract maps:

(a) Application Request. The Director of Community Development shall prepare suitable application forms. An application shall be accepted for filing by the Director of Public Works only upon payment by the applicant of a filing and processing fee in a sum set by Resolution. An applicant may, in writing, withdraw the application at any time during the processing of the same; provided, however, that there shall be no refund of any of the filing and processing fees paid in connection therewith.

(b) 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 Public Works Director and a written receipt therefor is provided to the applicant.

(2) The subdivider shall file with the Public Works Director the number of tentative maps the Public Works Director shall deem necessary, together with evidence as to the ownership of the land proposed to be divided.

(3) Failure to submit all materials and statements required by this Chapter shall constitute grounds for rejection of the application.

(4) Upon accepting a complete tentative map application, the Public Works Director immediately shall forward copies of such application to all affected agencies and City divisions for review and comment.

(c) Environmental Review. The California Environmental Quality Act of 1970 shall be lawfully satisfied prior to any application being accepted for filing by the Director of Community Development.

(d) Advisory Agency Action. The Advisory Agency shall approve, conditionally approve, or disapprove a parcel map or tentative map pursuant to Section 10352(F) of this Code's Zoning Regulations. The Advisory Agency shall hold a noticed public hearing on such a map; notice of such public hearings shall be given in the manner required by the Act. In the absence of a timely filed written appeal, the decision of the Advisory Agency shall be final and conclusive.

(e) Appeal to Appeal Board. The subdivider or a tenant of the subject property in the case of a proposed conversion of residential real property to a condominium, a community apartment or stock cooperative project, who is dissatisfied with a decision by the Advisory Agency, may appeal such decision to the Appeal Board. Any such appeal shall be filed with the City Clerk, as secretary of the Appeal Board in the time and manner set forth at Section 10352(G) of this Code's Zoning Regulations. Prior to an action of the Advisory Agency becoming final, the Council may elect to review, de novo, such decision. Such determination by the Council shall be deemed an appeal from such decision.

Upon filing of an appeal, a noticed public hearing before the Appeal Board shall be held expeditiously; notices of the public hearing shall be given as required by the Act. Following the conclusion of the hearing, the Appeal Board shall expeditiously render its decision affirming, modifying or disapproving the determination of the Advisory Agency.

(f) Time Limits. The time limits for acting on maps and appeals, as specified in this Chapter and by the Act, may be extended by mutual consent of the subdivider 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.

(g) Time Extensions for Approved Tentative Maps. Requests for time extensions for the filing of final maps relating to approved tentative maps shall be submitted to the Advisory Agency not less than thirty (30) days before such map is due to expire. The Advisory Agency shall review the request, and either approve or deny the extension. The aggregate period of time for all extensions shall not exceed a total of twelve (12) months. If the Advisory Agency denies an application for a time extension, the subdivider may appeal to the Appeal Board within 3 days after the effective date of the denial of the extension.

(h) Amendments to Approved Tentative Maps.

(1) Minor changes to an approved tentative map or to an approved parcel map may be approved by the Director of Community Development upon written application by the subdivider, provided that:

(a) No lots are added, deleted or substantially altered thereby; and

(b) No proposed building locations are substantially altered; and

(d) There are no resulting violations of this Chapter, the Act or other applicable laws.

(2) 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.

(3) All amendments shall be indicated on the approved map and certified by the Advisory Agency.

(i) Waiver of Parcel Map Requirements. The Advisory Agency may waive the requirement of a parcel map if it finds that the proposed division of land complies with the requirements of this Chapter and the Act as 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 Act.

In any case where the requirement for a parcel map is waived by the Advisory Agency, a tentative map, at the discretion of the Advisory Agency, may be required. A parcel map waiver may be conditioned to insure compliance with the provisions of this Chapter.

(j) Stay Pending Outcome of Litigation. 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 (10) 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 forty (40) days after receiving the request, the Advisory Agency shall stay the map's expiration date until final conclusion of the action, if the action affects the validity of the tentative map approval.

9007 - Form and content of tentative maps.#

(a) Tentative maps shall be prepared by, or under the direction of, a registered civil engineer registered prior to January 1, 1982, or a licensed land surveyor.

(b) The tentative map shall be clearly and legibly drawn on one sheet. Whenever practicable, map sheets should be no less than eighteen by twenty-six inches. In no case shall the scale be less than one inch to eighty feet.§ All lettering shall be one-eighth-inch minimum.§ The map shall contain all of the following:

(1) A Title, which shall contain the subdivision number, subdivision name, and type of subdivision; and

(2) Name and address of the legal owner, the subdivider, and person preparing the map, including registration or license number; and

(3) A sufficient legal description to define the boundary of the proposed subdivision; and

(4) Date, north arrow, scale, contour interval, and source and date of existing contours; and

(5) Existing and proposed land use; and

(6) A vicinity map showing data sufficient to locate the proposed subdivision and show its relation to the community; and

(7) Existing topography of the proposed site and at least one hundred (100) feet beyond its boundary, including but not limited to:

(a) Existing contours at one (1) foot intervals§; and

(b) The approximate location of all trees standing within the boundaries of the division of land and an indication as to which trees are to be removed. The diameter of trees greater than six inches three feet above grade shall be indicated§, and a statement on the existing ground cover shall also be submitted; and

(c) The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked; and

(d) The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of each water course; and

(e) The location, pavement and right-of-way width, grade and name of existing streets or highways; and

(f) The widths, location and identity of all existing easements; and

(g) The location and size of existing sanitary sewers, water mains and storm drains and the approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets shall be indicated.

(8) Proposed improvements required to be shown shall include, but not be limited to:

(1) The location, grade, centerline, and curb return radii and arc length of curves, pavement, right-of-way width and name of all proposed and existing adjacent streets; and

(2) Typical sections of all existing and proposed streets; and

(3) The location, width and nature of all easements; and

(4) The approximate lot layout and the approximate dimensions of each lot and of each building site; engineering data shall show the approximate finished grade of each lot; and

(5) Location and nature of all proposed recreation facilities; and

(6) Location and nature of all proposed common areas and areas to be dedicated for public open space or reserved for common private open space; and

(7) The location, elevation and size of existing and proposed sanitary sewers, water mains and storm drains; and

(8) Location and nature of all proposed slopes; and

(9) Dimensions of setbacks for proposed structures; and

(10) Phasing lines for proposed developments.

(d) The name or names of any geologist or soils engineer whose services were utilized in the preparation of the design of the tentative map;

(e) Accompanying Data and Reports. The tentative map shall be accompanied by the following data or reports:

(1) Title Report. A preliminary title report close in time to filing date of the tentative map.

(2) Owner's Affidavit. The subdivider shall submit written verification that the fee owner or owners of the realty have consented to the filing of the tentative map.

(3) Other Reports. Any other data or reports deemed necessary by the Director.

9008 - Submission of final tract maps and parcel maps.#

(a) Form Content. The form and content of final tract maps and parcel maps shall be as required by the Act and this Chapter.

(1) Preparation. Such maps shall be prepared by, or under the direction of, a registered civil engineer registered prior to January 1, 1982, or licensed land surveyor. A final tract map or parcel map shall be based upon a field survey made in conformity with the Land Surveyors Act and as required by this Chapter.

(2) Certificates and Acknowledgments. Prior to filing, the certificates and acknowledgments required by the Act and this Chapter shall appear on the final map and may be combined where appropriate. Such certificates and acknowledgments shall appear on the face of the map unless the Public Works Director advises the subdivider that such certificates and acknowledgments are to be made by separate instrument. If a certificate or acknowledgment is made by separate instrument, there shall appear on the final map a reference to the separately recorded documents.

(3) Monuments. The number, type and location of monuments shall be as set forth in the Act and this Chapter and shall conform to standards prescribed in Section 8771 of the Business and Professions Code.

(b) Submittal for City Approval. The subdivider shall submit prints of the final map to the Public Works Director for checking. The preliminary prints shall be accompanied by plans, reports and documents in a form as approved by the Public Works Director, including but not limited to the following:

(1) Improvement Plans. Improvement construction plans as required by the Public Works Director; and

(2) Soils Report. A preliminary soils report, based upon test borings and prepared in conformance with the requirements of Chapter 70 of the Uniform Building Code adopted by this Code, shall be required for all tract maps and for those parcel maps which involve commercial or industrial development.§ The soils report shall be prepared by a civil engineer registered in the State.

The requirement of a preliminary soils report may be waived or reduced in scope by the Public Works Director if, in his opinion, the soil characteristics in the vicinity of the proposed subdivision have been established by previous analyses; and

Parcel maps which propose the construction of single family dwellings shall require the preparation of a report which includes the subsurface soil classification as well as the results of an expansive index test§; and

(3) Title Report. A current title report prepared by a title insurer; and

(4) Improvement Cost Estimate. An improvement cost estimate which shall include all improvements within public rights-of-way, easements, or common areas, on-site and off-site drainage improvements and utility trench backfill as provided by the developer, except for those utility facilities to be installed by a utility company under the jurisdiction of the California Public Utilities Commission; and

(5) Deeds for Easements and Rights-of-Way. Deeds for easements or rights-of-way required which are not proposed to be dedicated on the final map. Written evidence acceptable

Article IX - Subdivisions (continued)#

9008 - Final Maps (continued)#

(b) Final Map Contents (continued)#

(5) Rights of Entry/Easements. Evidence of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of facilities, if required; and

(6) Traverse Closures. Traverse closure calculations for the boundary blocks, lots, easements, street centerlines and monument lines; and

(7) Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations; and

(8) Organization Documents. Any proposed declaration of covenants, conditions and restrictions and all other organization documents for the subdivision in a form as prescribed by Section 1355 of the Civil Code of the State. All such documents shall be subject to review and approval by the Public Works Director and City Attorney; and

(9) Letter of Certification - Water Agencies. The subdivider shall submit to the Public Works Director written certification from the affected water provider that adequate domestic water facilities are or will be available to serve the proposed project and that all necessary financial arrangements have been made to ensure construction of such facilities; and

(10) Other Reports. Any additional data, calculations, reports, or information as required by the Public Works Director.

(c) Approval of Final Maps#

(1) Final Tract Maps. Each final tract map filed for approval, together with any improvement agreements, shall be submitted to the Council for approval after all required certificates on such map have been signed and, where necessary, acknowledged.

The Council shall, at the meeting at which it receives the final map, or at its next regular meeting after the meeting at which it receives the map, approve the final map if it conforms to all the applicable requirements of the Act and this Chapter. If the final map does not so conform, the Council shall disapprove the map.

(2) Final Parcel Maps. The Director of Community Development shall review final parcel maps and shall approve each such map if the map conforms to the applicable requirements of this Chapter and the Act. If the map does not so conform, it shall be disapproved.

(d) Disapproval of Final Tract and Parcel Maps#

If a final tract map or parcel map is disapproved for failure to meet any of the requirements imposed by the Act or this Chapter, such disapproval shall be accompanied by findings identifying the requirements which have not been met or performed. Approval of a final tract or parcel map shall not be withheld when the failure of the map to comply is the result of a technical and inadvertent error which, in the determination of the Council does not materially affect the validity of the map.

(e) Recording of Final Tract and Parcel Maps#

After a final tract map or parcel map has been approved as provided in this Chapter, the map shall be transmitted to the county recorder for recordation.

9009 - Merger#

(a)#

This section shall not apply to the sale, lease or financing of one or more contiguous parcels or units of land which have been created under the provisions of City ordinances regulating the division of real property and the Subdivision Map Act applicable at the time of their creation, or which were not subject to such provisions at the time of their creation, even though the contiguous parcels or units are held by the same owner; except that if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development under the City's Zoning Regulations (Article X) and the standards established pursuant to section 10202 (D)(3)(a) of this Code, then those parcels or units shall be merged under the provisions of said Section 10202 (D)(3)(a).

(b)#

Any parcels or units which were deemed unmerged, prior to January 1, 1984, under the Act, and which have not been merged subsequently shall be considered separate parcels for purposes of this section.

9010 - Unmerger#

Any parcel or unit of land which merged pursuant to the provisions of any law prior to January 1, 1984, but for which a notice of merger was not recorded on or before that date are deemed unmerged if on January 1, 1984, all of the criteria established by Section 66451.30(a) of the Subdivision Map Act are met and if none of the conditions of Section 66451.30(b) exist. Upon request of an owner the Public Works Directors shall file a certificate of compliance whenever the engineer determines that a parcel is unmerged pursuant to this section.

9011 - Request for Determination of Merger#

(a)#

A property owner may request that the Public Works Director determine whether property has merged under Section 9009 or is deemed unmerged under Section 9010. A request for determination shall be made in writing and shall be accompanied by a fee established by Council resolution.

(b)#

Upon determination that property has merged the Public Works Director shall issue to the owner and record with the county recorder a notice of merger.

(c)#

Upon determination that property is deemed unmerged the Public Works Director shall issue to the owner and record with the county recorder a certificate of compliance showing each parcel as a separate parcel.

9012 - Reversion to Acreage#

Subdivisions consisting of four (4) or less contiguous parcels under the same ownership may revert to acreage by the filing of a parcel map in accordance with the provisions of this Chapter and the Act.

9013 - Dedications#

The City shall have the authority to impose conditions of approval on a final tract map or parcel map, requiring the subdivider to dedicate or make an irrevocable offer of dedication of real property for streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements. "Dedication" as used herein shall include a dedication or waiver of direct access rights to future or proposed public or private streets.

(a) Acceptance or Rejection of Offer of Dedication on Tract Maps#

At the time the Council approves a final tract map, it may accept, accept subject to conditions, or reject, dedications or offers of dedication. Notwithstanding the foregoing, an irrevocable offer of dedication shall continue in existence until the same is expressly rejected by the Council. The City Clerk shall certify on the map the action of the Council.

(b) Acceptance or Rejection of Offer of Dedication on Parcel Maps#

At the time the Public Works Director approves a final parcel map, he shall accept or reject offers of or dedication made by certificate on such map. Notwithstanding the foregoing, an irrevocable offer of dedication shall continue in existence until the same is expressly rejected by the Public Works Director. The Public Works Director shall certify on the map the action of the Public Works Director.

9014 - Fees#

The Council, by resolution, shall set reasonable fees in connection with this Chapter, including but not limited to fees for processing tentative, final and parcel maps; fees for giving notice of public hearings; fees for copying and distributing written reports on tentative maps; and fees for processing mergers and reversions to acreage.

9015 - Lot Line Adjustments#

For the purpose of this section, a "lot line adjustment," means the adjustment or relocation of any property line between two contiguous existing, legally created lots. No lot line adjustment shall be permitted where the effect is to create additional lots or delete a lot. Lot line adjustments shall be permitted, provided that the provisions of this section are complied with.

(a) Requirements#

Any person desiring to obtain approval of a lot line adjustment shall file a plat map (eight and one-half by eleven inches) with the Public Works Director together with a filing and processing fee in an amount as may be required by Resolution. Said map shall contain the following information:

(1) Name and address of owner(s) whose properties are shown on the map;

(2) North arrow;

(3) Scale of map;

(4) Date of preparation;

(5) The name, location and width of all streets and alleys abutting the property;

(6) Tract and lot identification, lot lines, bearings and dimensions of each of the two lots;

(7) Approximate location of existing improvements, buildings and permanent structures;

(8) Location and width of all easements upon or abutting the properties;

(9) The location of the proposed lot boundary line adjustment, together with all applicable dimensions and bearings;

(10) The signatures of all owners of lots involved in such boundary line adjustment;

(11) Any other information required by the Public Works Director.

The Public Works Director may, at his discretion, require a survey of the properties involved, if he finds the same necessary in order to provide an adequate description of the subject properties.

(b) Approval#

The Public Works Director shall approve a lot line adjustment map if he finds that:

(1) No street or alley dedication or improvements are necessary to properly service the properties involved in the proposed boundary adjustment; and

(2) The lots, as proposed by the boundary line adjustment, will conform, in all respects, to the provisions of the Port Hueneme Municipal Code; and

(3) The new lot line is located in such a manner so as not to substantially alter the size and shape of the existing lots; and

(4) That all record owners, trust deed holders and lien holders consent to the lot line adjustment.

Where the Public Works Director finds all of the above facts to be present, he shall approve the lot line adjustment; and thereafter, the owner or owners of the lots involved shall cause a map, in a form approved by the Public Works Director, to be recorded.

If the Public Works Director shall find any of the foregoing facts not present, he shall deny such lot line adjustment and shall advise the applicant thereof. In case of denial, the applicant shall have the option of filing a parcel or tract map.

9016 - Vesting Tentative Maps#

(a) Purpose#

It is the purpose of this section to establish procedures necessary for the implementation of the provisions of the Act relating to vesting tentative maps.

(b) Defined#

A "Vesting Tentative Map" as used in this section means a tentative map for any subdivision, which shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed.

(c) Application Filing#

(1) Whenever a provision of the Act or this Chapter requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed.

(2) A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as is required of tentative maps pursuant to this Chapter except as hereinafter expressly otherwise provided:

At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

At the time a vesting tentative map is filed a subdivider shall also supply the following information:

A. Plans approved by a registered civil engineer for all public works improvements to be constructed as a condition of the subdivision in accordance with City standards, subject to the approval of the City Engineer.

B. Plans prepared by a registered civil engineer for all site development including but not limited to grading, drainage facilities and structures in accordance with City standards, subject to the approval of the City Engineer. Plans for all structures are subject to the approval of the Director of Community Development unless otherwise prescribed in Article X (Zoning) of this Code. Such plans shall be supported by geologic and/or soils engineer's reports as required by the Subdivision Map Act or Article 4 (Subdivisions) of this Code.

C. Plans for all irrigation and landscaping subject to the approval of the Director of Community Development unless otherwise prescribed in Article X (Zoning) of this Code.

D. Plot plan showing details of the entire development and all improvements to be constructed in the subdivision.

E. Any other studies or data required by the engineer.

(d) Expiration of Approval and Initial Time Period of Vested Rights#

A. The approval or conditional approval of a vested tentative map shall expire at the end of the same time period established by the Subdivision Map Act or as otherwise prescribed pursuant to Article IX (Subdivisions) of this Code for the expiration of the approval or conditional approval of a tentative map, including opportunities for extensions.

B. The rights conferred by a vesting tentative map shall last for an initial time period of one year beyond the recordation of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

C. The initial time period set forth in subsection "b" above shall be automatically extended by any time used for processing a complete application for a grading permit or for development review, if such processing exceeds thirty (30) days, from the date a complete application is filed.

D. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection "B" above expires. If the extension is denied by either the Director of Community Development or Advisory Agency, whichever applies, the subdivider may appeal that denial to the Council within 15 days.

E. If the subdivider submits a complete application for a Development or Building Permit during the periods of time specified in subdivisions "b"—"d", the rights referred to herein shall continue until the expiration of those permits, or any extension of those permits.

(e) Amendments to Vesting Tentative Maps#

After approval or conditional approval of a vesting tentative map, amendments can be made only by following procedures for the original approval or conditional approval. Approvals or permits which depart from the vesting tentative map may only be granted based upon an amendment to the vesting tentative map. No amendments shall be granted so as to modify or delete any public improvements and site development requirements and conditions approved in the first instance by the Advisory Agency or Council including, but not limited to, grading, drainage facilities and structures. This section shall not be construed to prevent the City from denying or placing any conditions upon approval of a final map pursuant to Government Code Section 66498.1(c).

(f) Development Rights Conferred#

(1) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2.

(2) An approved or conditionally approved vesting tentative map shall not limit the City from imposing reasonable conditions on required approvals or permits necessary for the development and authorized by the ordinance, policies and standards described in Government Code Section 66474.2.

(3) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with Article X (Zoning) of this Code in existence at that time, that inconsistence shall be noted on the map. The City may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in Article X to eliminate the inconsistency. If the change is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection "a" above, confer a vested right to proceed with the development in substantial compliance with the change in Article X and the map, as approved. The rights conferred by this subsection shall be for the time periods set forth in Section 4 herein.

(g) Repeal#

However, if Section 66474.2 of the Act is repealed, the approval or conditional approval of a vesting tentative map shall be deemed to have conferred a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

(h)#

The vested rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in this Chapter. If the final map is approved, the said vested rights shall last for the following periods of time:

(1) An initial time period of one (1) year;

(2) A subdivider may apply for a one-year extension at any time before the initial time period set forth in subdivision 1 of this subsection expires. If the extension is denied, the subdivider may appeal that denial to the Appeal Board within fifteen (15) days after such denial.

(i) Fees#

a. The applicable fees associated with a development and a vesting tentative map therefor shall be paid at the rate governing at the time the various applications, filings, plan checks and permits, are made.

b. In addition to any other fees associated with a development, there shall be paid to the City a fee as established from time to time by resolution of the Council to reimburse the City for the filing and processing of a vesting tentative map application.

(Ord. 579 § 5 (3), (4), 1992)