A. 
The purpose of the subdivision requirements of this Zoning Ordinance is to promote the public health, safety, general welfare and preserve the aesthetic quality of the City through the regulation and control of the division of land, and to supplement the provisions of the Subdivision Map Act (Map Act) relating to design, improvement, and survey data of subdivisions, in addition to the form and content of all maps provided for by the Map Act, and the procedure to be followed in securing the official approval of the City regarding the maps. To achieve this purpose, the regulations contained in this Zoning Ordinance are determined to be necessary to promote orderly growth and development, open space, conservation, protection and proper use of land; and to ensure adequate provision for traffic circulation, utilities, and other services in the City.
B. 
It is the intent of this Zoning Ordinance to incorporate by reference, to the maximum extent feasible, the provisions of the Map Act, consistent with Section 66411 of the Government Code, as may be amended from time to time.
(Prior code § 159.66.010)
The subdivision regulations shall apply to all or part of any subdivision within the City, and to the preparation of any subdivision maps or other maps required by the Map Act.
(Prior code § 159.66.020)
All persons submitting applications for maps or other approvals required by this Zoning Ordinance shall pay, at time of application, all fees and/or deposits as contained in the City’s fees for planning services, pursuant to Chapter 17.68 (Applications and Fees).
(Prior code § 159.66.050)
In addition to those terms defined below, and specific terms defined in other chapters of this Zoning Ordinance, this chapter shall incorporate by reference those terms defined in the Subdivision Map Act, Section 66414 et seq. (Article 2. Definitions) of the Government Code.
“Acreage”
means any parcel of land, of 1 acre or more and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared the parcel as acreage.
“Boundary adjustment”
means a minor shift or rotation of an existing lot line where no additional parcels are created, nor deleted, as approved by the City Engineer.
“City Engineer”
means the City Engineer of the City of Desert Hot Springs, hereinafter referred to as “City Engineer.”
“Conversion”
means the creation of separate ownership of existing real property together with a separate interest in space of residential or commercial buildings.
“County Recorder”
means the County Recorder of the County of Riverside.
“Department of Public Works”
means the Public Works Department of the City, hereinafter referred to as “Public Works.”
“Environmental Impact Report (EIR)”
means a detailed document prepared under the California Environmental Quality Act (CEQA), State Public Resources Code Sections 21000 et seq., describing and analyzing the significant environmental effects of a project and discussing methods to mitigate or avoid said effects.
“Final map”
means a map showing a subdivision for which a tentative and final map is required under the Subdivision Map Act, Section 66426 of the Government Code, prepared in compliance with the provisions of this Zoning Ordinance and the Subdivision Map Act and designed to be recorded in the office of the County Recorder.
“Government Code”
means the Government Code of the State of California.
“Improvement standard”
means a specified requirement imposed by this Zoning Ordinance relating to the installation, modification or removal by the subdivider of a street, sidewalk, utility, well, tree, storm drain or other facility as necessary for the general use by the lot owners of the subdivision and local neighborhood.
Lot Line Adjustments.
See boundary adjustment.
“Merger”
means the joining of 2 or more contiguous parcels of land under 1 ownership into 1 parcel.
“Negative declaration”
means a detailed statement prepared under the California Environmental Quality Act (CEQA), pursuant to Public Resources Code 21000 et seq., documenting that a project will not result in any significant environmental effects.
“Parcel map”
means a map showing a subdivision for which a parcel map is required under Subdivision Map Act Section 66426, subdivision (a), (b), (c) or (d) and other subdivisions for which a final map is not required under the Subdivision Map Act prepared in compliance with the provisions of this Zoning Ordinance and the Subdivision Map Act designed to be recorded in the office of the County Recorder.
“Remainder”
means that portion of an existing parcel which is not included as part of the proposed subdivision. The remainder is not considered as part of the subdivision but must be shown as “remainder parcel” on the required maps as part of the area surrounding subdivision development.
Shall and May.
“Shall” is mandatory and “may” is permissive.
Subdivision Map Act.
State of California Government Code Section 66410 to 66499; hereinafter referred to as the “Map Act.”
(Prior code § 159.66.060)
A. 
A tentative and final parcel map shall be required for all divisions of land creating 4 or fewer parcels, as well as those divisions contained in Map Act Section 66426.
B. 
A tentative and final parcel map shall not be required for those divisions outlined in Map Act Section 66428, nor for lot line adjustments contained in Map Act Section 66412(d).
(Prior code § 159.66.080)
A. 
The City Engineer may, at the City Engineer’s discretion, waive parcel map requirements for the following:
1. 
Division of real property or interest therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or
2. 
A division of property resulting from the conveyance of land or interest to or from the City, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way, or easements for streets, sewers, utilities, drainage, etc.
B. 
Pursuant to Map Act Section 66428, the Commission may waive a parcel map upon making a finding that the proposed division of land complies with City requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Map Act, and the municipal code.
C. 
Upon waiver of the parcel map requirement by the Commission, the City Engineer shall cause to be filed with the County Recorder a Certificate of Compliance for the land to be divided and a plot map showing the division.
D. 
A parcel map waived by the Commission may be conditioned to provide for payment of parkland dedication, area of benefit fees, and other fees.
(Prior code § 159.66.090)
A. 
Notwithstanding any other provision of this section and any local law, the City shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the City determines that the parcel map for the urban lot split meets all the following requirements:
1. 
The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that 1 parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision.
2. 
Both newly created parcels are no smaller than 1,200 square feet.
3. 
The parcel being subdivided meets all the following requirements:
a. 
The parcel is located within a single-family residential zone.
b. 
The parcel subject to the proposed urban lot split is located within the City, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
c. 
The parcel is not located on a site that is any of the following:
i. 
Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
ii. 
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
iii. 
Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code, except sites excluded from the specified hazard zones by the City pursuant to subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development.
iv. 
A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
v. 
Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law, and by any local building department under Chapter 12.2 of Division 1 of Title 2 of the Government Code.
vi. 
Within a special flood hazard area subject to inundation by the 1% annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:
(A) 
The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(B) 
The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 and Part 60 of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
vii. 
Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
viii. 
Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the Federal Endangered Species Act of 1973, or other adopted natural resource protection plan.
ix. 
Habitat for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act.
x. 
Lands under conservation easement.
d. 
The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
i. 
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
ii. 
Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
iii. 
A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
iv. 
Housing that has been occupied by a tenant in the last 3 years.
e. 
The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance.
f. 
The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
g. 
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
B. 
An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
1. 
The City shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
2. 
The City shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act, except as otherwise expressly provided in this section.
C. 
Notwithstanding subsection A, the City may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
D. 
In addition to any conditions established in accordance with this section, the City may require any of the following conditions when considering an application for a parcel map for an urban lot split:
1. 
Easements required for the provision of public services and facilities.
2. 
A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
3. 
Off-street parking of up to 1 space per unit, except that the City shall not impose parking requirements in either of the following instances:
a. 
The parcel is located within 0.5 mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
b. 
There is a car share vehicle located within 1 block of the parcel.
E. 
The uses allowed on a lot created by this section are limited to residential uses.
F. 
An applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy 1 of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split. This subsection shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
G. 
A rental of any unit created pursuant to this section must be for a term longer than 30 days.
H. 
The City shall not be required to permit more than 2 units on a parcel created through the exercise of the authority contained within this section. For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21 of the Government Code, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2 of the Government Code, or a junior accessory dwelling unit as defined in Section 65852.22 of the Government Code.
I. 
An application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
J. 
Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of, except that the City shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.
(Ord. 749 2-2-22)
A. 
The content and form, submittal and approval of tentative maps shall be governed by the provisions of this chapter.
B. 
An application for approval of a tentative map pursuant to this chapter shall not be accepted for filing until the subdivision has been determined by the Department to be consistent with the General Plan, applicable specific plans and this Zoning Ordinance. Additionally, all required discretionary City approvals shall have been previously obtained or applications for same shall be filed concurrently with the tentative map.
(Prior code § 159.66.100)
The tentative map shall be prepared in a manner acceptable to the Department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn and shall contain, but not be limited to, the following:
A. 
A title which shall contain the subdivision number, and type of subdivision.
B. 
Name and address of legal owner, subdivider and person preparing the map, including registration or license number.
C. 
Sufficient legal description to define the boundary of the proposed subdivision.
D. 
The names and numbers of adjacent subdivisions and names of owners of adjacent unplotted land.
E. 
Date, north arrow, scale, contour interval, and source and date of existing contours.
F. 
A statement of present land use designation(s) and of existing and proposed uses of the property.
G. 
A vicinity map showing roads, adjoining subdivisions, cities, washes, railroads and other data sufficient to locate the proposed subdivision and show its relation to the community.
H. 
List the applicable agencies that provide service to the proposed subdivision (i.e., school district[s], gas, electric, water and sewer, telephone, cable TV, etc.).
I. 
Existing topography of the proposed subdivision-site and at least 100 feet beyond its boundary, including, but not limited to:
1. 
Existing contours at 1-foot intervals if the existing ground slope is less than 15% and at not less than 5-foot intervals for existing ground slopes equal to or greater than 15%. Contour intervals shall not be spread more than 150 feet apart. Existing contours shall be represented by dashed lines or by screened lines.
2. 
Type, circumference and dripline of existing trees with a trunk diameter of 4 inches or more. Any trees proposed to be removed shall be so indicated.
3. 
The location and outline of existing structures identified by type. Structures to be removed shall be so marked.
4. 
The approximate location of all areas subject to inundation or stormwater overflow; the location, width, and direction of flow of each watercourse; and the flood zone designation as indicated on the Flood Insurance Rate Map (“FIRM”).
5. 
The location, pavement and right-of-way width, grade and name of all existing and proposed public or private streets or highways.
6. 
The widths, location and identity of all existing easements.
7. 
The location and size of existing wells, septic tanks, sanitary sewers, fire hydrants, water mains and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on site or on peripheral streets shall be indicated.
J. 
Proposed on-site and off-site improvements to be illustrated shall include, but not be limited to:
1. 
The location, grade, centerline radius and arc length of curves, pavement, right-of-way width and name of all streets. Typical sections of all streets shall be shown. Proposed private streets shall be clearly indicated.
2. 
The location and radius of all curb returns and cul-de-sacs.
3. 
The location, width and purpose of all easements.
4. 
The angle of intersecting streets if the angle deviates from a right angle by more than 2 degrees.
5. 
The proposed lot layout and the approximate dimensions of each lot and each building site. Engineering data shall show the proposed finished grading of each lot, the preliminary design of all grading, numeric estimate of grading activity relating to excavation and fill, the elevation of proposed building pads, the top and the toe of cut and fill slopes to scale, the number of each lot, and the elevation of adjacent parcels.
6. 
Proposed contours at 1-foot intervals shall be shown if the existing ground slope is less than 15% and not at less than 5-foot intervals for existing ground slopes of 15% or more. A separate grading plan may be required to be submitted.
7. 
Proposed recreation sites, bike paths, trails and parks for private or public use, which shall be indicated as lettered lots.
8. 
Proposed common areas and areas to be dedicated to public open space, shall be indicated as lettered lots.
9. 
The location and size of proposed and existing sanitary sewers, fire hydrants, water mains and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated.
10. 
Any proposed locations and sizes of stormwater runoff retention basins.
11. 
Subdivision improvements outside of the boundary including right-of-way, roadway and/or intersection improvements, topography, and proposed work.
K. 
The name or names, State license number, address and telephone number, of any geologist and/or soils engineer whose services were required in the preparation of the tentative map.
L. 
The size of sheets shall be as required by the City Engineer. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of 1 inch. The scale of the map shall be an engineering scale and of a size necessary to show all details clearly. All printing or lettering on the map shall be of 1/8 inch minimum height and of a shape and weight as to be readily legible on prints and other reproductions made from the original drawings.
M. 
If the subdivider plans to develop the site in units or phases, the proposed units or phases and their proposed sequence of construction shall be shown.
N. 
Upon the written request of the subdivider, the Department may waive any of the above tentative map content requirements if the Department determines that the type of subdivision does not justify compliance with these requirements, or if the Department determines that other circumstances justify a waiver. The Department may require other drawings, data, or information as deemed necessary to accomplish the purposes of the Subdivision Map Act and this Zoning Ordinance.
O. 
Names of all streets as approved by the Fire Department and the Department of Public Works and/or City Engineer.
(Prior code § 159.66.110)
The tentative map shall be accompanied by the following data and reports:
A. 
Street Identification. Proposed streets shall be alphabetically labeled.
B. 
Soils Report.
1. 
If a preliminary soils report is required, it shall be prepared by a civil engineer registered in this State and based upon adequate test borings, and shall be submitted to the Department for every subdivision.
2. 
A preliminary soils report may be required by the City Engineer.
3. 
If the City has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils, liquefaction, or other soil problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the Department. This soils investigation shall be done by a civil engineer registered in this State, who shall recommend the corrective action which will prevent structural damage to each structure proposed to be constructed in the area where the soil problems exist.
4. 
The Commission may approve, upon recommendation of the City Engineer, the subdivision, or portion thereof, where a soils problem exists if it determines that the recommended action will prevent structural damage to each structure to be constructed, and a condition to the issuance of any building permit shall require that the approved recommended action will be incorporated into the construction of each structure.
C. 
Title Report. A preliminary title report, acceptable to the Department, showing the legal owners at the time of filing the tentative map, and dated within 90 days of the application being deemed complete.
D. 
Environmental Review. Information shall be submitted, as required by the Department, to allow a determination on environmental review to be made in compliance with CEQA. The various time limits contained in this Zoning Ordinance for taking action on tentative maps shall not commence until the subdivision application is deemed complete for processing, pursuant to Public Resources Code 21151.5 and Map Act Sections 66452.1 and 66452.2. The subdivider shall deposit and pay all fees as may be required for the preparation and processing of environmental review documents.
E. 
Preliminary Engineering Calculations. Information shall be submitted as required by the standard engineering specifications to demonstrate the adequacy of the design of the proposed improvements. This information shall include design parameters and engineering calculations, and be in conformance with the policies and procedures of Public Works.
F. 
Phasing. If the subdivider plans to file multiple final maps on the tentative map, a written notice to this effect shall be filed with the Department. Phase lines shall be shown on the map(s).
G. 
Solar Access. Any plans and information relating to solar access may be required to be submitted at the time of the tentative map submittal pursuant to the provisions of this Zoning Ordinance.
H. 
Other Reports. Any other data or reports deemed necessary by the Department, or City Engineer.
(Prior code § 159.66.120)
A. 
A prospective subdivider, or agent, may request a pre-application conference with the Department prior to formal submittal of a subdivision application, pursuant to Section 17.64.030. During the conference, the Department representative(s) shall inform the subdivider of applicable policies, plans, and requirements as they apply to the proposed subdivision, review the appropriate procedures outlined in this Zoning Ordinance and examine possible alternatives or modifications relating to the proposed subdivision.
B. 
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 16.24.110 and when all accompanying data and reports, as required by Section 16.24.120, and all fees and/or deposits as required by Section 16.24.050, have been submitted and accepted by the Department. The subdivider shall file, with the Department, the number of tentative maps the Department deems necessary. The Department shall forward copies of the tentative map to the affected public agencies and utilities which may, in turn, forward to the Department their findings and recommendations.
C. 
Within 10 days of the filing of a tentative map application, the Department shall send a notice of the filing of the application to the governing board of any elementary, high school or unified school district within the boundaries of which the subdivision is proposed to be located, as outlined in Map Act Section 66455.7.
(Prior code § 159.66.130)
Any applicable time limits for acting on the tentative map application may be extended by mutual written consent of the subdivider and the City, as outlined in Map Act Section 66451.1. A waiver of application time limits may be required to permit concurrent processing of related project requests.
(Prior code § 159.66.140)
A. 
Notice of Public Hearings. Upon receipt of a complete tentative map application, the Department shall prepare a report with recommendations after environmental review by the Director. The Department shall set the matter for public hearing before the Commission, pursuant to Chapter 17.104. A copy of the Department report shall be mailed to the subdivider at least 3 days prior to the public hearing at the address designated on the application.
B. 
Action. The Commission shall approve, conditionally approve or deny the tentative map within 50 days after the tentative map application has been determined by the Department to be complete, and report the decision to the subdivider. If an environmental impact report is prepared, the decision by the Commission shall be made 45 days after certification of the report.
C. 
Determination. 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 consistent with the General Plan, and applicable specific plan, and all applicable provisions of the municipal code. The Commission may require, as a condition of its 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 or other similar permit, shall be made at the rate for applicable fees in effect at the time of said application or issuance of a building or similar permit.
D. 
The tentative map may be denied by the Commission on any of the grounds contained in the Map Act, General Plan or the municipal code. The Commission shall deny the tentative map if it makes any of the following mandatory findings contained in Map Act Section 66474:
1. 
That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451;
2. 
That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
3. 
That the site is not physically suitable for the type of development:
4. 
That the site is not physically suitable for the proposed density of development;
5. 
That 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;
6. 
That the design of the subdivision or type of improvements is likely to cause serious public health problems;
7. 
That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
(Prior code § 159.66.150)
A. 
The approval or conditional approval of a tentative map shall expire 24 months following approval by the Commission. However, the map may be extended if the subdivider has complied with Map Act Section 66452.6 (a) and (e). An extension to the expiration date may also be approved pursuant to Section 16.24.170.
B. 
The period of time outlined in subsection A of this section shall not include any period of time during which a lawsuit has been filed, whether or not first appealed to the City Council, 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 Commission. 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 40 days after receiving the request, the Commission shall either stay the time period for up to 5 years or deny 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 Commission shall render its decision.
C. 
The period of time outlined in subsection A of this section shall not include any period of time during which a development moratorium is in effect pursuant to Map Act Section 66452.6.
D. 
Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map. The final map or parcel map documents submitted for filing must be accepted as adequate for approval by City Council by the City Engineer prior to the expiration date.
(Prior code § 159.66.160)
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 and appropriate fees shall be filed not less than 30 days 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. 
Commission Action. The Department shall review the request and submit the application for the extension, together with a report to the Commission for approval, conditional approval, or denial at the next regularly scheduled Commission meeting. A copy of the Department’s report and recommendation shall be forwarded to the subdivider prior to the meeting on the extension. In approving, conditionally approving, or denying the request for extension, the Commission shall make findings supporting its decision. The subdivider shall pay any increase in unpaid applicable development fees which have occurred since the date of the approval or conditional approval of the tentative map.
C. 
Conditions of Approval. In granting an extension, new conditions or exaction may be imposed and existing conditions may be revised.
D. 
Time Limit of Extensions. The time at which the tentative map expires may be extended by the Commission for a period not exceeding a total of 3 years.
(Prior code § 159.66.170)
A. 
Minor amendments to the approved tentative map or conditions of approval may be granted by the Department upon application by the subdivider or on the Department’s own initiative, provided:
1. 
No lots, units, or building sites are added;
2. 
Changes are consistent with the intent of the original tentative map approval; and
3. 
There are no resulting violations of the Map Act, or this Zoning Ordinance.
B. 
The amendment shall be indicated on the approved or conditionally approved tentative map and certified by the Director. Amendments to the tentative map conditions of approval which, in the opinion of the Department, are not minor, shall be presented to the Commission for its approval. Processing shall comply with the provisions for processing a tentative map as contained in this Zoning Ordinance. Any approved amendment shall not alter the expiration date of the tentative map.
(Prior code § 159.66.180)