A tentative tract map is a preliminary map that is used whenever a parcel or a number of contiguous parcels of land is proposed to be subdivided for the purpose of creating five or more lots, five or more condominium units, the conversion of five or more existing dwelling units to a stock cooperative, or a community apartment project containing five or more apartment units, except as otherwise specified by section 9.72.010 or section 9.72.025.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A tentative parcel map is a preliminary map that is used whenever a parcel or contiguous parcels of land is proposed to be subdivided for the purpose of creating less than five lots, less than five condominium units, or a community apartment project containing less than five apartment units, or where:

(a)

The land before division contains less than five acres, each parcel proposed to be created by the subdivision will abut upon a maintained public street or highway, and all dedications and improvements required by city standards will have been previously complied with.

(b)

Each parcel proposed to be created by the subdivision will have a gross area of 20 acres or more and an approved access to a maintained public street or highway.

(c)

The land proposed to be subdivided consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for business park, industrial or commercial development, and which has the approval of the city engineer as to street alignments and widths.

(d)

Each parcel proposed to be created by the subdivision will have a gross area of not less than 40 acres or not less than a quarter of a quarter section.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A subdivision may be created by the recordation of a final tract map that is in substantial conformance with all or a portion of an approved tentative tract map. Each final tract map shall include all or a portion of the approved tentative tract map. It shall be filed in compliance with the provisions of this chapter, the Subdivision Map Act and the subdivision manual.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

A subdivision may be created by the recordation of a final parcel map that is in substantial conformance with an approved tentative parcel map or with a portion of an approved tentative parcel map which complies with the provisions of section 9.72.010(c). A final parcel map may also be recorded on portions of a tentative tract map when such portions comply with the specifications of section 9.72.010(b), (c), or (d). It shall be filed in compliance with the provisions of this article, the Subdivision Map Act and the subdivision manual.

(b)

A parcel map shall be based upon a field survey except that a parcel map may be compiled from record data when the city engineer determines that the subdivision does not require a field survey provided the map complies with the provisions of the Subdivision Map Act.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Certain types of land divisions and transactions may be completed without complying with the entire tentative and final tract or parcel map procedure, as specified.

(a)

A request for determination as to the status of any parcel of land created as a result of a lease or conveyance specified by subsections (1) through (9) may be submitted in compliance with the certificate of compliance procedure as stated in Subarticle 15 of this article. Neither a tentative or final tract or parcel map is necessary for the following:

(1)

The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.

(2)

Mineral, oil or gas leases.

(3)

Land dedicated for cemetery purposes under the Health and Safety Code of the State of California.

(4)

Leases of agricultural land for agricultural purposes.

(5)

Short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by the Public Utilities Code § 230.

(6)

Subdivisions in which every parcel has a gross area of 60 acres or more.

(7)

Lot line adjustments.

(8)

Conveyances of land for rights-of-way to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such a public utility; however, in any of these instances a tentative and final tract or parcel map be required if the director determines that a map is necessary for purposes of public health and safety or for the general welfare.

(9)

Boundary line or exchange agreements to which the state lands commission or a local agency holding a trust grant of tide and submerged lands is a party.

(10)

The conversion of a community apartment project or stock cooperative to a condominium provided all requirements of the Subdivision Map Act are met.

(11)

The leasing of, or the granting of an easement for wind-powered electrical generation devices if the project is subject to discretionary action by the city.

(12)

The leasing of dwelling units or second units but not the sale or transfer of those units.

(13)

Subdivisions of four or less for construction of removable commercial buildings having a floor area of less than 100 square feet.

(b)

A final parcel map is not required when waived pursuant to the provisions of Division 13 of this chapter.

(c)

A request for certificate of compliance may or may not require a tentative map as specified by the director.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A vesting tentative map is a map which confers a vested right to proceed with any development, in compliance with an approved discretionary permit (e.g., conditional use permit and development plan) processed per the city's Development Code or in compliance with specific regulations when a discretionary permit is not required, on a legal building site created by a final map or parcel map for a specified time after recordation.

(a)

A vesting tentative map is at the option of the subdivider and shall not be a prerequisite to any proposed subdivision or application for development.

(b)

A vesting tentative map shall be labeled clearly on the map as a "vesting tentative map."

(c)

A vesting tentative map is limited to development of the property per the applicable regulations in existence at the time of approval of the vesting tentative map or per subsection (d) below.

(d)

Whenever a subdivider files a vesting tentative map whose intended development is inconsistent with the zoning ordinance in effect at that time, the inconsistency shall be noted on the vesting tentative map, and the vesting tentative map shall be processed subject to the provisions of section 9.73.075 (Zoning Conformance).

(e)

A vesting tentative map shall be processed in the same manner as a tentative map. However, an approving action on a vesting tentative map associated with a discretionary permit shall not occur prior to the effective date of approval of the associated discretionary permit.

(f)

The provisions of section 9.73.095 (Period of Validity; Extensions) shall apply to an approved or conditionally approved vesting tentative map.

(g)

The vested right for a recorded subdivision map shall be for a period one year beyond the recording date of the final map or parcel map, and shall confer on such maps all rights described in the Subdivision Map Act. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year time period shall begin when the final map or parcel map for that phase is recorded. Prior to the expiration of the initial one-year period, the developer may apply for a one-year extension of the period of the vested right to the planning commission. As a condition for granting an extension, additional requirements may be imposed. If the extension is denied, the developer may appeal that denial to the city council within 15 calendar days.

(h)

The provisions of section 9.73.090 (Modification of Maps and Conditions of Approval) shall apply to an approved or conditionally approved vesting tentative map.

(i)

Fees for the filing and processing of vesting tentative maps shall be the same as the fees established for the filing and processing of tentative tract maps. However, the city council may establish by resolution an additional fee to cover additional costs incurred by the processing of vesting tentative maps including extension of time.

(j)

Fees for development permits (e.g., building and grading permits) associated with an approved vesting tentative map or a recorded vesting final/parcel map shall be the fees in effect at the time of issuance of such permit.

(Ord. No. 98-193, §§ 1—4, 10-19-98)